The main directions of research mechanisms in law in modern scientific doctrine

Authors

  • Ольга Викторовна Панкова Kutafin Moscow State Law University image/svg+xml

DOI:

https://doi.org/10.17308/vsu.proc.law.2020.1/2392

Keywords:

legal mechanism, mechanism of legal regulation, mechanism of application of law, mechanism of action of law, mechanism of realization of law, procedural and legal mechanism, mechanism of protection of human rights and freedoms, mechanism of realization of judicial power

Abstract

The article is devoted to the analysis of the problem of mechanisms in law. It is noted that the methodological basis for the research of this problem is the concept of the mechanism of legal regulation developed by S. S. Alekseev. In this regard, some attention is paid to the elements and structure of the mechanism. It is emphasized that the vast majority of legal mechanisms is considered as an integral part or subsystem of the mechanism of legal regulation, and therefore in determining their elements and structure, the structure of the latter is most often taken as a basis. The paper also notes that with all the variety of mechanisms in the law currently attract special attention of scientists mechanisms to protect the rights and freedoms of citizens. At the same time, an important role in the formation and operation of these mechanisms is played by the judiciary, which, in turn, has its own mechanism of implementation. In this regard, the article discusses the mechanism of implementation of the judiciary.

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Author Biography

  • Ольга Викторовна Панкова, Kutafin Moscow State Law University

    PhD in Law

References

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Published

2020-02-14

Issue

Section

Теория и философия права. История государства и права