OBJECTIVES OF EXTENT LIMITS IN LAW: THEORETICAL AND PRACTICAL ASPECTS
The article reveals a complex, ambiguous, but objectively existing relationship between such legal phenomena as "the goal in law" and "the limit in law". The author notes that legal regulation cannot be carried out without a statutory limit. The concept of a limit in law is subst...
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North-Caucasus Federal University
2021-09-01
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| Series: | Гуманитарные и юридические исследования |
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| Online Access: | https://humanitieslaw.ncfu.ru/jour/article/view/186 |
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| author | T. Temrezov |
| author_facet | T. Temrezov |
| author_sort | T. Temrezov |
| collection | DOAJ |
| description | The article reveals a complex, ambiguous, but objectively existing relationship between such legal phenomena as "the goal in law" and "the limit in law". The author notes that legal regulation cannot be carried out without a statutory limit. The concept of a limit in law is substantiated, its characteristic is given. A limit in law cannot be equated with a restriction in law. A constraint is a complex, multi-component category, which, among other components, includes a limit. Moreover, the limit, in addition to being an autonomous component, is also present in the composition of each kind of restriction. Such dualism of the nature of limits underlines the relevance of their study. Limits in law have a pronounced speciicity, including their target orientation determined. According to the researcher, the limit as an autonomous legal category has its own, speciic objectives speciic to it. The goal acts as the most important characteristic of any legal category, including the limit. It is the goal set before the limit that explains its need for legal regulation, explains the relevance of the limit in the instrumental component of law. It is emphasized that the establishment of the limit of legal regulation cannot be perceived as an end in itself. Variants of correlation of goals and limits in law are highlighted. The objectives of the limits are classiied according to various stratiication grounds. Immediate goals are stated that are set by the subject of law-making when introducing limits into the texts of normative acts. The organic unity of the target orientation of the limits to ensure justice, rationality and humanism is proved. The object of research is social relations, which are subject to regulatory influence limits. The subject of the study is the target setting of limits in law. The fundamental research methods are dialectical materialism, the system-structural method, and the logical method. Theoretical conclusions and generalizations are illustrated by examples from the current legislation and law enforcement practice. |
| format | Article |
| id | doaj-art-370aa45ee4354998887d7ea58d3dd14f |
| institution | OA Journals |
| issn | 2409-1030 |
| language | Russian |
| publishDate | 2021-09-01 |
| publisher | North-Caucasus Federal University |
| record_format | Article |
| series | Гуманитарные и юридические исследования |
| spelling | doaj-art-370aa45ee4354998887d7ea58d3dd14f2025-08-20T02:38:06ZrusNorth-Caucasus Federal UniversityГуманитарные и юридические исследования2409-10302021-09-0102168174185OBJECTIVES OF EXTENT LIMITS IN LAW: THEORETICAL AND PRACTICAL ASPECTST. Temrezov0Circassian city court of the Karachay-Cherkess RepublicThe article reveals a complex, ambiguous, but objectively existing relationship between such legal phenomena as "the goal in law" and "the limit in law". The author notes that legal regulation cannot be carried out without a statutory limit. The concept of a limit in law is substantiated, its characteristic is given. A limit in law cannot be equated with a restriction in law. A constraint is a complex, multi-component category, which, among other components, includes a limit. Moreover, the limit, in addition to being an autonomous component, is also present in the composition of each kind of restriction. Such dualism of the nature of limits underlines the relevance of their study. Limits in law have a pronounced speciicity, including their target orientation determined. According to the researcher, the limit as an autonomous legal category has its own, speciic objectives speciic to it. The goal acts as the most important characteristic of any legal category, including the limit. It is the goal set before the limit that explains its need for legal regulation, explains the relevance of the limit in the instrumental component of law. It is emphasized that the establishment of the limit of legal regulation cannot be perceived as an end in itself. Variants of correlation of goals and limits in law are highlighted. The objectives of the limits are classiied according to various stratiication grounds. Immediate goals are stated that are set by the subject of law-making when introducing limits into the texts of normative acts. The organic unity of the target orientation of the limits to ensure justice, rationality and humanism is proved. The object of research is social relations, which are subject to regulatory influence limits. The subject of the study is the target setting of limits in law. The fundamental research methods are dialectical materialism, the system-structural method, and the logical method. Theoretical conclusions and generalizations are illustrated by examples from the current legislation and law enforcement practice.https://humanitieslaw.ncfu.ru/jour/article/view/186limitgoallawlegal normbalancedifferentiationjusticerationalityhumanism |
| spellingShingle | T. Temrezov OBJECTIVES OF EXTENT LIMITS IN LAW: THEORETICAL AND PRACTICAL ASPECTS Гуманитарные и юридические исследования limit goal law legal norm balance differentiation justice rationality humanism |
| title | OBJECTIVES OF EXTENT LIMITS IN LAW: THEORETICAL AND PRACTICAL ASPECTS |
| title_full | OBJECTIVES OF EXTENT LIMITS IN LAW: THEORETICAL AND PRACTICAL ASPECTS |
| title_fullStr | OBJECTIVES OF EXTENT LIMITS IN LAW: THEORETICAL AND PRACTICAL ASPECTS |
| title_full_unstemmed | OBJECTIVES OF EXTENT LIMITS IN LAW: THEORETICAL AND PRACTICAL ASPECTS |
| title_short | OBJECTIVES OF EXTENT LIMITS IN LAW: THEORETICAL AND PRACTICAL ASPECTS |
| title_sort | objectives of extent limits in law theoretical and practical aspects |
| topic | limit goal law legal norm balance differentiation justice rationality humanism |
| url | https://humanitieslaw.ncfu.ru/jour/article/view/186 |
| work_keys_str_mv | AT ttemrezov objectivesofextentlimitsinlawtheoreticalandpracticalaspects |