The spiritual factor and its role in legal activities

Автор: Shagieva Rozalina Vasilyevna, Yakubenko Konstantin Yuryevich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы юридической науки и практики

Статья в выпуске: 6 (19), 2015 года.

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Purpose: On the basis of theoretical understanding of the forms of manifestation of legal action to justify the need to recognize internal factors, entailing the legal consequences, as one of the essential features of the legal action. Methodology: Authors used the formal-legal, psychological and hermeneutical methods. Results: Contrary to what some in the legal representation of the legal action as an act of the external behavior of the subjects pertaining to the legal issues, the authors of the publication show that even pre-revolutionary legal scholars paid attention to the legal significance of mental reactions, internal manifestations and their impact on human behavior in legal sphere. And now, the current legislation contains many references to the subjective moments of legitimate actions without legal assessment which it is difficult to carry out legal qualification made in the legal sphere of actions. Accordingly, the article substantiates the position that the law should provide for both the outer side of the behavior (the content of actions, funds, facilities, results), and in particular within the internal (goals and motives of the act). Here are a variety of important factors affecting the legal dimension of legal action. Legally important are not only the behavioral acts, actions and operations tools, objects, subjects with their goals and motives, methods of organization and outward expression, etc. All this can not be taken into account in the legal sphere as the entailing certain legal implications and should act constituting a sign of legal activity. Novelty/originality/value: This article has sufficient scientific value because it is one of the few attempts to examine the legal activity not only through the prism of the external forms of manifestation of human activity in the legal sphere.

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Короткий адрес: https://sciup.org/14042332

IDR: 14042332

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