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Legal Policy for the Establishment of Special Standards of Social Assistance and Protection for Entities with Special Legal Status

https://doi.org/10.25205/2542-0410-2020-16-1-39-48

Abstract

The author justifies the tendency to increase the role of special legal norms in Russian legislation, established in order to increase the effectiveness of the State’s legal policy on social assistance and protection of subjects with special legal status. The views of scientists on the understanding of legal policy are critically compared, and in particular, the incorporation of the principle of equality in its implementation. Based on the study of legal doctrine, a system of normative legal acts, through a formal-legal approach, the legal position of the individual is inextricably linked to advantages as a form of improvement of the legal position of the individual. As a result, modern special rules of law containing various types of legal advantages (benefits, privileges, immunities and special legal procedures) have been systematized, both for socially vulnerable categories of citizens and for subjects with power. The shortcomings of the modern legal policy to strengthen the legal position of these subjects are argued, including on the example of certain categories of positions in the internal affairs bodies. As a conclusion, the social necessity and the State need for a systematic, scientifically based use of the potential of legal advantages as a means of assisting and protecting the subjects of social relations have been proved.

About the Author

A. G. Repev
Altay Branch of the Russian Academy of National Economy and Public Service under the President of the Russian Federation
Russian Federation


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For citations:


Repev A.G. Legal Policy for the Establishment of Special Standards of Social Assistance and Protection for Entities with Special Legal Status. Juridical science and practice. 2020;16(1):39-48. (In Russ.) https://doi.org/10.25205/2542-0410-2020-16-1-39-48

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ISSN 2542-0410 (Print)