The author makes one of the first attempts to determine the essence of the phenomenon of “legal priority” not only from the perspective of individual forms of its manifestation, but also through the prism of the philosophy of law, linguistic perception of this phenomenon, as well as the doctrinal positions and normative implementation that exist about it. The modern political and legal concept of objectification of legal priority in public relations is analyzed, on the basis of which it is concluded that it is positioned in two projections: as a preference, i. e. the most desirable regulatory option for the state and society, as well as a legal advantage, i. e. a specific model for improving the legal status of the subject. It is proved that legal priority acts as a means of differentiation and hierarchical construction of various elements of the legal system. The author substantiates the significance of the values that are positioned by the author as a formal legal and moral-ethical criterion for establishing legal priority in legal regulation. The conclusion is made about the need for a full-fledged, general theoretical study of legal priority, the formation of its doctrinal concept.
the essence of law, the nature of legal priority, legal differentiation, values, preference, legal advantages
1. Alexandrov N. G. The essence of law (On the question of the essence of historical types of law). Moscow: State of Legal Lit. Publ., 1950. 54 p. (In Russ.)
2. Stalgevich A. K. The essence of Soviet socialist law. Moscow, 1955. 52 p. (In Russ.)
3. Polezhay P. T. The essence of law. Kharkiv, 1964. 73 p. (In Russ.)
4. Farber I. E. On the essence of law / ed. by N. B. Zeider. Saratov: Saratov University Publ., 1959. 76 p. (In Russ.)
5. Sheindlin B.V. The essence of Soviet law. Leningrad: Leningrad University Publ., 1959. 140 p. (In Russ.)
6. Baitin M. I. The essence of law (Modern normative legal understanding on the verge of two centuries. Saratov: Saratov State Law Academy Publ., 2001. 416 p. (In Russ.)
7. The essence of law: a collection of articles on the 100th anniversary of the birth of Professor M. I. Baytin / ed. by V. M. Baranov, S. A. Belousov, I. N. Senyakin. Saratov: Saratov State Law Academy Publ., 2022. 312 p. (In Russ.)
8. On approval of priority areas of activity in the provision of socially useful services: decree of the President of the Russian Federation no. 398 of August 8, 2016 (as amended of July 1, 2017). Collection of legislative acts of the RF, 2016, no. 33, art. 5164; 2017, no. 27, art. 4023. (In Russ.)
9. Khroni N. N. Priority duty in the structure of a special legal status. Dissertation... candidate of legal sciences. Moscow, 2023. 220 p. (In Russ.)
10. Egorova T. V. Dictionary of foreign words of the modern Russian language. Moscow: Adelant Publ., 2014. 800 p. (In Russ.)
11. The great explanatory dictionary of the Russian language / comp. and chief ed. by S. A. Kuznetsov. St. Petersburg: Norint Publ., 2000. 1194 p. (In Russ.)
12. Repyev A. G. “Preemptive right” and “legal priority” in legal doctrine and legislation. Bulletin of the RPA of the Ministry of Justice of the Russian Federation, 2019, no. 1, pp. 14-20. (In Russ.)
13. Repyev A. G. “Priority” and “parity” as paired legal categories (doctrinal interpretation from substantive and technical-legal positions). Bulletin of the RPA of the Ministry of Justice of the Russian Federation, 2021, no. 1, pp. 7-15. (In Russ.)
14. Lenin V. I. Full. sobr. soch. 5th ed. Moscow: Gospolitizdat Publ., 1969. Vol. 29. Philosophical notebooks. 782 p. (In Russ.)
15. On the implementation of measures for the organization of vocational training and additional vocational education of certain categories of citizens for the period up to 2024 (together with the “Regulations on the implementation of measures for the organization of vocational training and additional vocational education of certain categories of citizens for the period up to 2024”): decree of the Government of the Russian Federation no. 800 of May 27, 2021 (as amended from October 5, 2023), item 5. Collection of legislative acts of the RF, 2021, no. 23, art. 4049; 2023, no. 42, art. 7493. (In Russ.)
16. About state regulation of gas prices, tariffs for its transportation services, fees for Technological connection of gas-using equipment to Gas Distribution Networks on the Territory of the Russian Federation and fees for technological Connection to main Gas Pipelines of gas pipelines under Construction and under reconstruction intended for gas transportation from main gas Pipelines to Capital Construction Facilities, and gas pipelines Intended for gas transportation from natural gas deposits to the main gas pipeline: resolution of the Government of the Russian Federation no. 1021 of December 29, 2000 (as amended of November 30, 2022). Collection of legislative acts of the RF, 2001, no. 2, art. 175; 2023, no. 29, art. 5440. (In Russ.)
17. The Cabinet of Ministers simplified the receipt of state support by beneficiaries for social gasification. Rossiyskaya Gazeta, 2023, 13 November. (In Russ.)
18. Chirkaev S. A. Priority as a special means of legal regulation. Eurasian Law Journal, 2022, no. 4 (167), pp. 79-82. (In Russ.)
19. Malakhov V. P. The essence of the question of the essence of law. The essence of law: a collection of articles for the 100th anniversary of the birth of Professor M. I. Baytin / ed. by V. M. Baranov, S. A. Belousov, I. N. Senyakin. Saratov: Saratov State Law Academy Publ., 2022. Pp. 147-161. (In Russ.)
20. On approval of the Rules for the Extraordinary Provision of Medical Care to Certain Categories of Citizens within the framework of the program of state guarantees of Free Provision of Medical care to Citizens in medical organizations Subordinate to Federal executive Authorities: decree of the Government of the Russian Federation no. 123 of February 13, 2015 (as amended from October 1, 2018). Collection of legislative acts of the RF, 2015, no. 8, art. 1170. (In Russ.)
21. On the organization of extraordinary medical care for certain categories of citizens (together with the “Procedure for consideration by the medical commission of the federal healthcare institution of medical documents submitted by the executive authorities of the subjects of the Russian Federation in the field of healthcare, and the implementation of face-to-face consultations to resolve the issue of extraordinary medical care”): order of the Ministry of Health and Social Development of the Russian Federation no. 249 of April 1, 2005. Rossiyskaya Gazeta, 2005, May 11. (In Russ.)
22. On the basics of public health protection in the Russian Federation: federal law no. 323-FZ of November 21, 2011 (as amended. from July 7, 2023) (with amendments and additions, intro. effective from September 1, 2023), article 2. Collection of legislative acts of the RF, 2011, no. 48, art. 6724; 2023, no. 1, part I, art. 76. (In Russ.)
23. Senyakin I. N. Specialization and unification of Russian legislation (problems of theory and practice). Author’s abstract... doctor of legal sciences. Saratov, 1993. 34 p. (In Russ.)
24. On the National Security Strategy of the Russian Federation: decree of the President of the Russian Federation no. 400 of July 2, 2021, item 25. Collection of legislative acts of the RF, 2021, no. 27, part II, art. 5351. (In Russ.)
25. On scholarships of the President of the Russian Federation for students and postgraduates studying in training areas (specialties) corresponding to priority areas of modernization and technological development of the Russian economy: decree of the President of the Russian Federation no. 1198 of September 14, 2011 (as amended. of August 24, 2016). Collection of legislative acts of the RF, 2011, no. 38, art. 5369; 2016, no. 35, art. 5300. (In Russ.)
26. In the case of checking the constitutionality of paragraph 9 of Part 3 of Article 82 of the federal law “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” in connection with the complaint of citizen Y. Y. Bychkova: resolution of the Constitutional Court of the Russian Federation no. 51-P of November 8, 2023. Rossiyskaya Gazeta, 2023, November 29. (In Russ.)
27. Efremova T. F. Modern explanatory Dictionary of the Russian language. In 3 volumes: approx. 160 000 words. Moscow: AST: Astrel Publ., 2006. Vol. 2: M-P. 1160 p. (In Russ.)
28. The Code of the Russian Federation on Administrative Offences no. 195-FZ of December 30, 2001 (as amended. from August 4, 2023) (with amendments and additions, intro. effective from October 12, 2023), article 6.21. Collection of legislative acts of the RF, 2002, no. 1, part 1, art. 1; 2023, no. 16, art. 2749. (In Russ.)
29. On insolvency (bankruptcy): federal law no. 127-FZ of October 26, 2002 (as amended. from August 4, 2023) (with amendments and additions, intro. effective from September 1, 2023), art. 61.3. Collection of legislative acts of the RF, 2002, no. 43, art. 4190; 2023, no. 1, part I, art. 3. (In Russ.)
30. The Civil Code of the Russian Federation (Part one) of no. 51-FZ November 30, 1994 (as amended. from July 24, 2023) (with amendments and additions, intro. effective from October 1, 2023), articles 29, 36, 37, etc. Collection of legislative acts of the RF, 1994, no. 32, art. 3301; 2023, no. 31, part III, art. 5777. (In Russ.)
31. On the implementation in certain Subjects of the Russian Federation in 2023 of a Standard model of a system of long-term Care for Elderly Citizens and Disabled people in need of care: order of the Ministry of Labor of Russia no. 781 of December 12, 2022 (ed. from March 27, 2023). Access from the reference legal system “ConsultantPlus” (accessed 15.09.2023). (In Russ.)
