Determinism of Natural and Social Factors in Setting Limits Right Regulation

Abstract

The scope and subject of legal regulation are formed under the influence of a number of factors, which are in a complex relationship and interaction, therefore, when analyzing these phenomena, it is necessary to take into account not only the impact of each factor separately, but the internal links between them. Initially, factors of a natural nature are decisive, which largely predetermine the action of social objective and subjective factors. At the same time, scientific and technological progress (a social, objective factor), allowing to intervene in natural processes, in certain situations changes the standard vector of determination of these factors that determine the scope of legal regulation. Accounting for these changes in establishing the subject of legal regulation in legislative activity occurs, first of all, with the interaction of an objective axiological and subjective political and legal factor. These factors are of particular importance when the processes of legal regulation proceed independently of the natural environment, in which case the inclusion of social relations in the subject of legal regulation can be assessed ambiguously and depend on the values that are emerging at a certain stage in the development of a particular society and state and the political will of the legislator, which, on the one hand, is limited by the established system of values, and, on the other hand, can to a certain extent transform or preserve the established values. Depending on the situation, some of the factors can be recognized as generalizing and, by their action, integrate the influence of the others, acting as the main form of identifying and understanding typical, socially significant, conflicting interests, as a significant criterion for establishing the limits of the sphere of legal regulation.