METHODS OF CREATION OF THE CONCEPT OF LEGAL POLICY IN THE FIELD OF LEGAL RESPONSIBILITY


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Abstract

In article the question of an optimal variant of the methods used in the course of creation of the concept of legal policy in the sphere of legal responsibility is considered. Relevance of giving of legal policy in the sphere of legal responsibility of such form of realization of a theoretical design of system approach as the concept is caused by the fact that one of problems of modern jurisprudence is ensuring conceptualization of theoretical views and practical approaches in the field of legal regulation. The concept, being a complex of key provisions, it is rather full and comprehensively disclosing essence, contents and features of the studied phenomenon, acts as the concentrated, reasoned, system, complete form. High-quality filling of her contents in many respects depends on methods of creation of the concept. Following on the way of optimization of methods of creation of the concept of legal policy in the sphere of legal responsibility, on the one hand, and researches of the corresponding conceptual framework – with another, the author managed to receive the following results. First, leaning on a concept of the concept in general, the concept of legal policy in the sphere of legal responsibility has been submitted as a form of realization of the developed corresponding theoretical design. Secondly, proceeding from the formulated definition of the concept of legal policy in the sphere of legal responsibility, and also the scientific experience accumulated in the considered relation, the author has suggested to include the system and structural method allowing to create structure of the concept in structure of an optimal variant of methods of creation of this concept; the adaptation method providing filling of structural elements of the concept with contents by means of a compression and transformation of the scientific text; the modeling method assuming creation of abstractions, conclusions on analogies, designing of scientific hypotheses; and the design method which is carried out by means of divergence, transformation and convergence and their methods.

About the authors

Renat Rafailevich Khasnutdinov

Samara Law Institute of the Federal Penitentiary Service of Russia, Samara

Author for correspondence.
Email: Khasnutdinoff@mail.ru

Candidate of Law, Associate Professor, Deputy Head of the Department of State and Legal Disciplines

Russian Federation

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