Учение о дефектах в области права и его отношение к правовой категории «защита»

Abstract

It has been revealed that a legal defect acts as an anti-value or destruction of legal reality. Some theoretical and legal aspects of the study of defects in the field of law via the prism of industry affiliation are presented, including the defects of various industry-specific legal institutions, legal implementation and enforcement. The work focuses on the theoretical and methodological study of the problems of legal defects in the legal and technical sphere in the field of the theory of state and law. Attention is paid to the relationship between the theoretical-legal and sectoral nature of the concept of “defect of law” and the legal category of “defense”. The theoretical and legal significance of doctrines in the field of defects of law is revealed, which is expressed in the methodological depth of knowledge of the social and legal nature of the concept of “defects in law”. It is concluded that defects in the law are negative phenomena of legal and state reality, but despite the nature and affiliation of the defect of law, it violates and sometimes complicates the normal, stable process of legal regulation of legal relations. It has been established that the unstable process of legal regulation gives rise to negative and impossible processes for the protection of human and civil rights and freedoms or the need for excessive legal actions aimed at restoring violated rights and freedoms, which in turn allows us to draw a conclusion about the relationship of legal defects to the legal category of “defense”. It is concluded that the legal category of “defense” is the highest legal value in the “person-society-state” legal model. The quintessential significance of the legal category of “defense” is predetermined by the threats and challenges of global change. Therefore, it is recommended to rethink the legal category “defense” in the categorical apparatus of jurisprudence.