MOTIVATIONAL INFLUENCE OF CONSTITUTIONAL PRINCIPLES ON LEGISLATIVE AND LAW ENFORCEMENT DECISIONS
Abstract and keywords
Abstract (English):
The article discusses the influence of legal principles on the content of regulatory legal and law enforcement acts. The reasoning is based on the thesis that principles are ideas that do not directly regulate social relations. They influence regulatory processes and thus are formalized in regulatory prescriptions. Attention is paid to the correlation of the concepts of “legal influence” and “right influence”. The conclusion is made about the influence of constitutional principles on the process of regulating social relations through the motivation of persons carrying out this activity, about the motivational essence of the principles of law.

Keywords:
Constitution, principles, regulation, legal impact, legal influence, motivation
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References

1. Alebastrova I. A. Constitutional principles: problems of legal nature and effectiveness of implementation. Constitutional and municipal law, 2007, no. 7, pp. 5–13. (In Russ.)

2. Meshcheryakov A. N. The system of constitutional and legal principles for the exercise of state power in the Russian Federation. Scientific portal of the Ministry of Internal Affairs of Russia, 2021, no. 1 (53), pp. 8–17. (In Russ.)

3. Osavelyuk E. A. Constitutional principles — fundamental legal ideas or guiding norms of law? Constitutional and municipal law, 2022, no. 1, pp. 26–28. (In Russ.)

4. Dzhagaryan A. A. On the nature of constitutional principles in the national legal system. Constitutional and municipal law, 2009, no. 17, pp. 2–4. (In Russ.)

5. Arapov N. A. On the issue of the concept of “principle” in constitutional law: its definition and functions. Saint Petersburg lawyer, 2016, no. 1, pp. 102–113. (In Russ.)

6. Ilyukhina V. A. Principles of law as a dynamic phenomenon of the legal system. Legal technology, 2023, no. 17, pp. 284–289. (In Russ.)

7. Nersesyants V. S. Philosophy of Law: a textbook for universities. Moscow: Publishing group INFRA*M - NORM, 1997. 652 p. (In Russ.)

8. Ozhegov I. S. Dictionary of the Russian language: ok. 57,000 words / ed. by Corresponding member USSR Academy of Sciences N. Yu. Shvedova. 17th ed., stereotype. Moscow: Russian language, 1985. 797 p. (In Russ.)

9. General Theory of State and Law. Academic Course in 2 Volumes. Volume 2. Theory of Law. Moscow: Zertsalo Publishing House, 1998. 640 p. (In Russ.)

10. Vengerov A. B., Barabasheva N. S. Normative System and Efficiency of Social Production. Moscow, 1985. (In Russ.)

11. Grib V. V. Legal Forms of Influence of Government Bodies on Civil Society Institutions. Constitutional and Municipal Law, 2011, no. 1, pp. 16–17. (In Russ.)

12. On the Case of Verifying the Constitutionality of the Law Enforcement Practice of Limiting the Time of Payment for Forced Absenteeism in Case of Illegal Dismissal, Established on the Basis of the Application of Labor Legislation and Resolutions of the Plenums of the Supreme Court of the USSR and the Supreme Court of the Russian Federation Regulating These Issues. Vedomosti SND and the Supreme Court of the Russian Federation. 1993. No. 14. Art. 508. (In Russ.)


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