Andrey Amagyrov1
  • 1 Buryat State University, 6 Sukhe-Batora Str., Ulan-Ude, Buryatiya, 670000, Russian Federation

To the Issue of Legal Protection as a Concept

2014. No. 1. P. 118–128 [issue contents]
Amagyrov Andrey - Postgraduate Student, Assistant, Department of Theory and History of Law, Buryat State University. Address: 6 Sukhe-Batora Str., Ulan-Ude, Buryatiya, 670000, Russian Federation. E-mail: tengery90@mail.ru.

In the article, the author analyzes the main approaches to the interpretation of the term legal protection that is given a key role in the mechanism of law regulation. The fundamental positions of each approach are viewed, with similarities and differences in its understanding, which as the author suggests, demon­strates the versatility of the concept. In this regard, the author of the article points out the need for the interpretation of the term not only as a phenomenon, but as a certain activity. Besides, it is important to consider wide and narrow meanings of this concept, due to the existing views on the essence of legal protection and the applicable laws. The author also studies the issues of legal protection ratio with simi­lar legal mechanisms, such as the legal protection of rights. The basic criteria for distinguishing between the terms are the object and purpose of activity, subject composition, time and nature of the activity. The author comes to the conclusion that the terms legal protection and legal defense can be used as syn­onyms, but only in some strictly defined cases. Thus, the author believes that the term legal protection (legal defense) in the substantive aspect can be understood as the whole set of forms and measures as well as other safeguards against a person infringing or threatening to infringe upon the rights of third parties to ensure normal existence of public relations and that are statutory conventional. In its broad sense and the procedural legal aspect the term legal protection (legal defense) can be understood as a special kind of state and society activity aimed at ensuring a smooth implementation of subjective rights and legal duties (i.e. to maintain the existing order) carried out by special authorized subjects (in this case the lawmaking subjects) or by the whole society to establish or change legal norms that per­petuate possible measures and forms of influence on people infringing or threatening to attack specific tangible and intangible benefits as well as other safeguards and thus to ensure a normal life of society or repeal regulations preventing such.

Citation: Amagyrov A. (2014) K voprosu o ponyatii «pravovaya zashchita» [To the Issue of Legal Protection as a Concept]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 118-128. (in Russian)
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