Specifics of Legal Effect Mechanism

E.K. Shcherbakova

Saratov State Law Academy, Saratov, 410056 Russia

E-mail: scherbakovael@gmail.com

Received November 15, 2016

Full text PDF

Abstract

The importance of studying law as one of the most efficient means of social control and regulation has been raised in the paper. Solving this problem requires understanding the mechanism by which law influences society and people. The aim of the study is to develop a concept of phased action of the mechanism of legal effect as of a separate and individual phenomenon of the legal reality. To achieve the aim of the study, the following research methods have been used: analysis, synthesis, and systematization. Legal effect has been considered as one of the most complex and little known phenomena in jurisprudence, i.e., in the theory of state and law, and distinguished from the similar legal category of legal regulation. The paper analyzes different views on the mechanism of legal effect. Thus, this concept has been defined. Its essence and characteristics have been revealed. Such characteristic of the mechanism of legal effect as dynamics has been discussed in detail. Various forms of legal effect have been analyzed. Furthermore, key elements in the structure of the concept under study have been investigated. The main phases of legal effect have been singled out. Their order and legal means used at each stage have been found.

Keywords: legal effect, mechanism of legal effect, legal means, structure, concept

References

1. Berg L.N. Genesis of theoretical ideas about legal influence in Russian legal science. Istoriya Gosudarstva i Prava, 2014, no. 20, pp. 27–32. (In Russian)
2. Alekseev S.S. The Mechanism of Legal Regulation in Socialist State. Moscow, Yurid. Lit., 1966. 187 p. (In Russian)
3. Matuzov N.I. Personality. Rights. Democracy. Theoretical Problems of Subjective Right. Saratov, Izd. Sarat. Gos. Univ. 1972. 290 p. (In Russian)
4. Ozhegov S.I., Shvedova N.Yu. Explanatory Dictionary of the Russian Language. Available at: http://dic.academic.ru/dic.nsf/ogegova/278000. (In Russian)
5. Kudryavtsev Yu.V. Legal Standards as Social Information. Moscow, Yurid. Lit., 1981. 143 p. (In Russian)
6. Kvasha A.A. Legal guidelines for citizens. Extended Abstract of Cand. Leg. Sci. Diss. Volgograd, 2002. 26 p. (In Russian)
7. Baitin M.I. Essence of Law (Modern Regulatory Legal Consciousness at the Turn of Two Centuries). Saratov, SGAP, 2001. 416 p. (In Russian)
8. Marchenko M.N. General Theory of State and Law. Vol. 3. Moscow, Zertsalo-M, 2001. 528 p. (In Russian)
9. Khalfina R.O. General Study of Legal Relations. Moscow, Yurid. Lit., 1974. 351 p. (In Russian)
10. Shundikov K.V. Mechanism of Legal Regulation. Mal'ko A.V. (Ed.). Saratov, SGAP, 2001. 104 p. (In Russian)

For citation: Shcherbakova E.K. Specifics of legal effect mechanism. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2017, vol. 159, no. 2, pp. 363–372. (In Russian)

The content is available under the license Creative Commons Attribution 4.0 License.