Values as a Factor in Setting the Limits of Legal Regulation

Abstract

Knowledge of the sphere of legal regulation and its limits is impossible without analyzing the factors under the influence of which it is formed. Among the variety of factors, a special place is occupied by the axiological factor, which assumes that the scope of legal regulation is limited by values emanating from the legal traditions of society and the state and determining the vectors and strategies of legal development, for the maintenance of which they receive formal consolidation. The influence of values on the limits of the sphere and the subject of legal regulation is different. The sphere of legal regulation is formed under the influence of socio-cultural values, the origin of which is objective and collective. In turn, socio-cultural values determine the activities of the legislator, who consolidates his vision of the sphere of legal regulation as a subject of legal regulation, and gives them a legal character. At the same time, the formal consolidation of values is the result of his conceptual thinking and will. Due to the diversity of values, both within the framework of different sociocultural types of order, and within each of them, it becomes necessary to establish a certain hierarchy and priorities, which ultimately can determine this hierarchy. Both largely depend on the subjective perception and desire of the legislator, who, assessing the changing historical situation, fixes the subject of legal regulation, thereby determining its limits. Formally fixed and actually prevailing in the public consciousness values may differ, which is due to the fact that the processes of formation (including changes in values) and consolidation do not always completely coincide, just as the scope and subject of legal regulation and their limits do not coincide.