Law Journal of the National Academy of Internal Affairs

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Vol. 7, No. 2, 2017
  • legal regulation, mechanism of legal regulation of civil relations, the doctrine of the mechanism of legal regulation.
  • Pages 136-149

The main issues related to the definition of the concept of the mechanism of legal regulation of civil relations are revealed. The authorʼs definition of the concept of "mechanism of legal regulation of civil relations" is given, various approaches to the definition and interpretation of the mechanism of legal regulation in general and the mechanism of legal regulation of civil relations are considered. The author notes that an important place in the realization of the legal regulation of social relations is the mechanism of legal regulation, which determines the effectiveness of legal regulation, the accordance of the behavior of participants in public relations with the requirements of legal norms. In his article, the author, before moving on to consider the issue of the mechanism of legal regulation of civil relations, turns to the definition of the concept of "civil law regulation" as a derivative of the general theoretical concept of "legal regulation". The opinion on the need to allocate instrumental, activity, systemic and complex approaches in the part of the assessment of the essence as a mechanism of legal regulation, as well as the mechanism of civil-law regulation is supported. The author argues that the mechanism of legal regulation has always been recognized as the central category of legal science. A significant number of scientists who studied the mechanism of legal regulation, both in the theory of law, and in various branches of law, gave their definition of the concept. Taking into account the opinions of scholars, the author speaks about the categorical apparatus of the mechanism of legal regulation of the concept of the mechanism of legal regulation of civil relations. Thus, the mechanism of the right regulation of civil relations is a system of legal means organized in a certain sequence and aimed at the ordering, regulation, consolidation, development and improvement of civil relations on the basis of the fundamental principles of law.

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