The Legal Regime in Modern Legal Doctrine: from the Legal Chimera to a Narrow Understanding

Abstract

The relevance of the study is explained by the significant growth of scientific publications, as well as the publication of legal acts containing the category of legal regime. Their analysis shows that there is a split in the legal world and a certain vagueness in understanding the content of the term legal regime. Due to the fact that the category stated in the title of the article becomes the basic unit of the legal apparatus, the subject of the work is the search and development of a unified methodological approach to its content. The accumulated volume of available research on this issue is huge and requires the scientific community to come to a common understanding of this legal phenomenon. The author suggests for discussion several essential characteristics and elements that allow distinguishing the legal regime as a special type of legal regulation from the usual, current one. Particular attention is paid to the formulation of the concept of legal regime, which allows to distinguish it from other types of legal regulation. Based on the analysis, it is concluded that only a complete detailing of all the elements and properties of the legal regime is able to give it terminological unity, scientific stability and practical clarity for scientists and addressees of the legal regime, to ensure the unconditional implementation of its prescriptions. The following conclusions are formulated in the paper. The unjustified use of the indisputable authority of the category of legal regime by virtue of its unconditional recognition by the scientific community, blind worship in front of it is nothing but a legal fetish or a legal chimera. The legal regime in the narrow sense is a limited in scope and time, an exception from the general order of legal regulation, due to the need to implement legal measures and means provided by the state, with the predominant use of certain methods, to eliminate the actual circumstances hindering its current implementation (or the creation of favorable conditions), in order to ensure the occurrence of the desired law and order.