Квота в юридической науке и законодательстве: постановка проблемы исследования

Abstract

In the work, the author attempts to comprehend and obtain new scientific knowledge about the quota as a general legal phenomenon. The modern legal and linguistic construction of the quota is analyzed, its analysis is carried out from the perspective of both the general social and legal components. Based on the study of legal doctrine, domestic legislation, and law enforcement practice, the author hypothesizes that the quota is a universal legal regulator combining stimulating, encouraging, and restrictive functional effects. The thesis about the need to study quotas from general theoretical positions as an institution of law and legislation is proved. Using various methodological tools, including linguistic analysis techniques, as well as formal-legal, systematic approaches, the author proposes a definition of this phenomenon, substantiates individual essential features. As a result of the research, the author comes to the conclusion that with the help of quotas, a balance is achieved between the general regulatory and protective legal impact of the state on public relations. It is argued that the mechanism of quotas combines the potential of restrictions as a means of restraining the development of public relations unfavorable for society and the state, and in addition — stimulating, by encouraging socially acceptable, useful behavior and its result.