Гуманитарные и юридические исследования (Nov 2021)
FORMATION AND DYNAMICS OF ANTI-TERRORIST PROTECTION OF OBJECTS: PRIVATE LAW ASPECT
Abstract
The relevance of the article is due to the lack of scientific research devoted to the investigation of private law aspects of anti-terrorist protection of objects. Traditionally considered within the framework of public law legal sciences, the activity on countering terrorism has not had time to find its reflection in the works of domestic civil scientists.The author of this publication takes a new attitude to the question of what – public or private – legal-means provide this protection at various stages of social development. The author’s idea is aimed at finding and identifying the period of formation of legal regulation of relations of anti-terrorist protection of objects, highlighting its private legal aspects, considering its dynamics in different historical periods of the state’s development, as well as studying its current state. The solution of these problems is the purpose of this research.The methodology chosen by the author is due to the goal set. The author uses a historical approach to the study of relations in the field of anti-terrorist protection of objects in order to determine the stage of formation of legal means of regulating these relations. The dialectical method allows us to trace the change and development of legal regulation in a particular historical period. The use of general logical research methods contributes to the objective consideration of the available facts separately and in relation to the state of public relations that existed at a particular time.During the scientific search, it was found that the legal regulation of the studied relations was formed in the second half of the XIX century, had a public-legal character, was due to the increased level of terrorist threats and contained a private-law aspect. The author proves that the change in the legal means of regulating relations on the antiterrorist protection of objects depends on the emerging social relations, based on their analysis, three stages were identified: «pre-revolutionary», «Soviet» and «modern».It is proved that the current stage of the development of civil turnover is characterized by a combination of public and private legal ways to ensure the studied protection. It is identified that the corresponding type of contract for the provision of services acts as the main civil legal mean.
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