Legal means: concepts, types, functions and interaction in process of regulating social relations

Abstract

Goal. Clarification of the concept, types, functions and principles of interaction of legal means. Disclosure of the essence of legal means as a key element of the instrumental theory of law. Justification of the concept of legal remedies and their properties, definition of classification criteria and types of legal remedies; carrying out a scientific analysis of the functional purpose of legal means, researching the principles of the interaction of legal means. Research methods. When conducting the research, general scientific and special methods of scientific knowledge were used. Scientific novelty. The author's definition of legal remedies is provided. The main approaches to the definition of legal means and their main characteristics are considered, as well as the properties of legal means are substantiated. The main features of means-settings and means-actions are analysed. Classification criteria and types of legal remedies are defined. A scientific analysis of the functional purpose of legal means was carried out. The main principles of the interaction of legal means have been studied. Conclusions. Legal means are fundamental means of legal regulation, which have their own characteristics and functional purpose. Application in a complex of means-settings and means of actions can ensure the best result of legal regulation. When using specific legal means, it is important to know how to match them correctly, so that in their interaction the selected means (tools and technologies) correspond to each other in a certain situation, strengthen the effect and legal force of each other and lead to a qualitative effect of legal regulation. Thus, it is important for each chosen legal means to be informed about the possibilities of correlation, the possibility to enter into a connection with other means in an appropriate manner. Only in this case, it is possible to choose a specific effective legal remedy to achieve the set goals.