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Positive Modifications in Law

Позитивные отклонения в праве
Authors: Andrey Pomazanskiy; Sariya Nanba; Fatima Tsomartova;

Positive Modifications in Law

Abstract

The article aims to identify the positive potential of the deviations in law. The authors explore issues related to the definition and essence of positive deviations in law, identification of causes, factors and conditions of their occurrence, elaboration on mechanisms for the development of positive deviations in law; identification of the consequences of such deviations. Special attention is given to self-regulation and civil initiatives as the favourable environment for the emergence of positive deviations in law and legal technologies of registering such deviations. The authors emphasize the interrelationship between the legal models and legal deviations. Their coexistence is inevitable, they are inextricably linked, and only their combined study is able to explain the processes of interest. Positive deviations in law are not per se, but only from the point of view of the given legal models. The recognition of deviations as positive depends on the assessment of the relevant legal model. The authors offer their own definition of positive deviations in law as the stable displacement of means of legal regulation from regulatory purposes, which resulted in unforeseen socially useful results. The authors conclude that positive deviations in law facilitate the selection of variants of lawful behavior and legal discretion, and are a source of lawmaking, as well as they promote correction of archaic legal models or creation of new ones.

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Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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