Правовая политика установления специальных норм социальной помощи и защиты субъектов с особым юридическим статусом

Abstract

The author justifies the tendency to increase the role of special legal norms in Russian legislation, established in order to increase the effectiveness of the State’s legal policy on social assistance and protection of subjects with special legal status. The views of scientists on the understanding of legal policy are critically compared, and in particular, the incorporation of the principle of equality in its implementation. Based on the study of legal doctrine, a system of normative legal acts, through a formal-legal approach, the legal position of the individual is inextricably linked to advantages as a form of improvement of the legal position of the individual. As a result, modern special rules of law containing various types of legal advantages (benefits, privileges, immunities and special legal procedures) have been systematized, both for socially vulnerable categories of citizens and for subjects with power. The shortcomings of the modern legal policy to strengthen the legal position of these subjects are argued, including on the example of certain categories of positions in the internal affairs bodies. As a conclusion, the social necessity and the State need for a systematic, scientifically based use of the potential of legal advantages as a means of assisting and protecting the subjects of social relations have been proved.