Privileges as a legal category: theoretical and legal aspect

Abstract

In the content of the work, the author analyzed the phenomenon of legal benefits through the prism of their cognitive regularities and their potential as a basis for improving the conceptual and categorical apparatus of legal science. The relevance of the research topic and the importance of modernizing the understanding of legal benefits in the modern conditions of their application in the mechanism of legal regulation are noted. The cognitive features of the subject of this article have been established.
 The author emphasized that the current conditions of the development of legal regulation both in Ukraine and in most post-Soviet countries determine the need for a doctrinal rethinking of all legal means of regulation, especially in terms of their nature, functional purpose and role. The key means of legal regulation are legal benefits, which are designed to ensure the establishment of special, softer conditions of legal regulation, based on the principle of expediency and social justice. The use of legal privileges is especially relevant in the modern conditions of the development of legal regulation, which is accompanied by new threats associated with the outbreak of hybrid wars, a significant increase in the number of armed conflicts on the political map of the world, a significant increase in the level of their aggressiveness, etc. In such conditions, the question of both the scientific rethinking of the regulatory and protective possibilities of legal privileges, and the expansion of the practical limits of the application of legal privileges in improving the regulation and protection of the rights, freedoms, and interests of legal subjects, which require a higher level of legal protection and protection, becomes especially relevant. The author stated that the relevance of the topic of the scientific work is also determined by the high level of changeability of the legal provision of benefits, the importance of their correlation at the national level with the standards introduced at the international level, including at the level of the European Union.
 Based on the analysis of doctrinal approaches to the understanding of legal privileges, a high level of discussion and ambiguity of the views of scientists was noted. This determines the expediency of developing a single doctrinal approach to their conceptual definition and substantiating the expediency of their terminological consolidation in the provisions of acts of international law and national legislation. As a conclusion, the author draws attention to the cognitive potential of legal benefits as an independent component of the conceptual and categorical apparatus of legal science and draws attention to the fact that legal benefits: firstly, from a cognitive point of view are characterized by general properties, which indicates that they belong to the phenomena of social reality, and special properties of a legal nature, which proves their belonging to the phenomena of legal reality; secondly, as the subject of scientific research is a complex, multifaceted socio-legal phenomenon, which determines the expediency of using a complex methodological basis of scientific knowledge; thirdly, it is an integral component of any modern legal system aimed at ensuring justice, balance of interests in society, harmonious development of all spheres of social life, etc.