PROHIBITION AS ONTOLOGICAL BASIS OF THE RUSSIAN LEGAL REALITY
Objective: to identify characteristics of the nature, content and functioning of prohibition in the legal reality of Russia.Methods: the methodological basis of research is the dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning i...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Tatar Educational Center “Taglimat” Ltd.
2016-09-01
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| Series: | Russian Journal of Economics and Law |
| Subjects: | |
| Online Access: | https://www.rusjel.ru/jour/article/view/2016 |
| _version_ | 1797255961589579776 |
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| author | A. V. Skorobogatov N. N. Rybushkin |
| author_facet | A. V. Skorobogatov N. N. Rybushkin |
| author_sort | A. V. Skorobogatov |
| collection | DOAJ |
| description | Objective: to identify characteristics of the nature, content and functioning of prohibition in the legal reality of Russia.Methods: the methodological basis of research is the dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, as well as a postmodern paradigm, giving the opportunity to explore the legal reality at different levels. Dialectical approach and postmodern paradigm determined the choice of specific research methods: comparative, hermeneutic, discursive.Results: the paper proposes a definition of prohibition as a state- (socio-) volitional constraining (limiting) means that under the threat of legal liability is intended to prevent the wrongful act of the subject (physical or legal entity) and ensure the maintenance of law and order. Prohibition is a necessary means of ensuring the discipline of public relations, and the consolidation of legal values designed to assure the effectiveness of legal regulation. Scientific novelty: for the first time, the article shows that prohibition as a legal category is the ontological basis of legal reality and acts as a determining factor in the content and focus not only of law-making and law enforcement, but legal behavior as well.Practical significance: the main provisions and conclusions of the article can be used in research and teaching when considering questions about the nature, content and functioning of prohibitions. |
| first_indexed | 2024-03-08T23:15:54Z |
| format | Article |
| id | doaj.art-e0a2aabc1f954e54bae5782ac634142a |
| institution | Directory Open Access Journal |
| issn | 2782-2923 |
| language | English |
| last_indexed | 2024-04-24T22:14:10Z |
| publishDate | 2016-09-01 |
| publisher | Tatar Educational Center “Taglimat” Ltd. |
| record_format | Article |
| series | Russian Journal of Economics and Law |
| spelling | doaj.art-e0a2aabc1f954e54bae5782ac634142a2024-03-20T08:16:49ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232016-09-0110310811510.21202/1993-047X.10.2016.3.108-1152014PROHIBITION AS ONTOLOGICAL BASIS OF THE RUSSIAN LEGAL REALITYA. V. Skorobogatov0N. N. Rybushkin1Kazan Innovative University named after V.G. Timiryasov (IEML)Kazan (Volga) Federal UniversityObjective: to identify characteristics of the nature, content and functioning of prohibition in the legal reality of Russia.Methods: the methodological basis of research is the dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, as well as a postmodern paradigm, giving the opportunity to explore the legal reality at different levels. Dialectical approach and postmodern paradigm determined the choice of specific research methods: comparative, hermeneutic, discursive.Results: the paper proposes a definition of prohibition as a state- (socio-) volitional constraining (limiting) means that under the threat of legal liability is intended to prevent the wrongful act of the subject (physical or legal entity) and ensure the maintenance of law and order. Prohibition is a necessary means of ensuring the discipline of public relations, and the consolidation of legal values designed to assure the effectiveness of legal regulation. Scientific novelty: for the first time, the article shows that prohibition as a legal category is the ontological basis of legal reality and acts as a determining factor in the content and focus not only of law-making and law enforcement, but legal behavior as well.Practical significance: the main provisions and conclusions of the article can be used in research and teaching when considering questions about the nature, content and functioning of prohibitions.https://www.rusjel.ru/jour/article/view/2016theory and history of law and stateprohibition in lawlegal realitylegal consciousnesslegal archetypelegal limitation |
| spellingShingle | A. V. Skorobogatov N. N. Rybushkin PROHIBITION AS ONTOLOGICAL BASIS OF THE RUSSIAN LEGAL REALITY Russian Journal of Economics and Law theory and history of law and state prohibition in law legal reality legal consciousness legal archetype legal limitation |
| title | PROHIBITION AS ONTOLOGICAL BASIS OF THE RUSSIAN LEGAL REALITY |
| title_full | PROHIBITION AS ONTOLOGICAL BASIS OF THE RUSSIAN LEGAL REALITY |
| title_fullStr | PROHIBITION AS ONTOLOGICAL BASIS OF THE RUSSIAN LEGAL REALITY |
| title_full_unstemmed | PROHIBITION AS ONTOLOGICAL BASIS OF THE RUSSIAN LEGAL REALITY |
| title_short | PROHIBITION AS ONTOLOGICAL BASIS OF THE RUSSIAN LEGAL REALITY |
| title_sort | prohibition as ontological basis of the russian legal reality |
| topic | theory and history of law and state prohibition in law legal reality legal consciousness legal archetype legal limitation |
| url | https://www.rusjel.ru/jour/article/view/2016 |
| work_keys_str_mv | AT avskorobogatov prohibitionasontologicalbasisoftherussianlegalreality AT nnrybushkin prohibitionasontologicalbasisoftherussianlegalreality |