Counteraction to the Manipulation of Goals and Means in Legal Regulation: Concept and Mechanisms
Keywords:
manipulation, legal goal, legal means, legal regulation, interest, legal relationship, lawful behaviorAbstract
Along with informational, psychological, political and other types of manipulation, the manipulation by means of legal goals and instruments is now extremely widespread, and has become an almost indispensable attribute of the legal regulation of social relations. At the same time, the manipulative use of legal goals and means has not become the subject of proper scientific development, both from the standpoint of the general theory of law and branch legal sciences. The analysis of the essence and key features of the manipulation of goals and means in legal regulation presented in the article was done in order to develop effective ways and mechanisms to counter this phenomenon, as well as to minimize its negative consequences. The author substantiates a set of measures in law-making, law enforcement, law interpretation and other areas of the legal life of modern Russian society that can counteract the manipulative use of legal goals and means in the process of legal regulation of public relations. The conclusion is formulated that the development of mechanisms and ways to counter the manipulation of goals and means in legal regulation is a multifaceted area of activity, the successful implementation of which contributes to the full realization of subjective rights, freedoms and legitimate interests of participants in legal relations, and the quality of the legal life of society itself.
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