Почетные права и обязанности: доктрина, практика, техника

Abstract

The article is devoted to general theory analysis of legal categories «honorary rights» and « honorary obligations». The author puts forward and gives arguments to the hypothesis about the existence of a specific group of legal permissions and obligations which differ from other kinds of rights and legal obligations due to their peculiarities. Significant and informative consideration of «honorary rights» and «honorary obligations» both from the point of doctrine of law and historical and modern legislature as well as law enforcement practice was done. The purpose. To make up in the legal doctrine for the absence of complete idea of honorary rights and obligations as elements of the legal position of separate subjects having special legal status; reveal their characteristic features and define the risks conditioned to be abused. Methodology. Historical way of cognition, philological approach, empirical methods of comparison, descriptions, interpretations, theoretical methods of formal and dialectic logic; private-scientific methods, formal legal method, legal norms interpretation method. Results. Analysis of doctrinal sources of the Russian and International Law, jurisprudence historical landmarks, current normative legal acts, and law enforcement practice showed that honorary rights and obligations are of encouraging and stimulating nature, have an accessory character in relation to the basic opportunities and obligations of the subjects. On the basis of the establishing the elements of similarity and differentiation of honorary right with subjective right of the subject, honorary obligation with legal obligation on the whole, the aspects of their interactions and existing contradictions, an independent categorical and institutional character of honorary rights and obligations is proved, its specific qualities which differentiate
 it from adjacent legal phenomena are specified. Conclusion. It is necessary to strictly differentiate the understanding and realization of honorary rights and obligations in the system of legislature and law enforcement practice by means of unification and concretization of law provisions using encouraging and stimulating instrumentation, justified and minimum usage of assessment notions and components (prominent merits, prestige, authority, etc.) that serve as the basis for receiving honorary rights and obligations, improving the legal status of subjects with regard to other participants of relation. The steps taken should contribute not only to the increasing the efficiency
 of regulation of public relations through the system of legal encouragements, stimuli and advantages but decreasing discrimination and corruption risks, the opportunity of subjective discretion associated with granting similar additional opportunities.