Известия высших учебных заведений. Поволжский регион: Общественные науки (Mar 2024)
Priority in law: issues of definition and semantic perception
Abstract
Background. The article is devoted to the study of the essence of the term “pri-ority in law”, which is actively used in many areas of social relations, and, therefore, has a multifaceted character. The author notes that, despite the breadth of the use of the term “priority” in the current legislation, there is no legal definition of it in the norms of the lat-ter. The purpose of the work is to conduct a theoretical and legal investigation of the nature of priority in law, to determine its place in the system of legal advantages. Materials and methods. The research objectives were achieved through the analysis of the provisions of legal science, regulatory legal acts, regulatory agreements and judicial practice devoted to priority in law. Systematic, comparative-legal and formal-legal approaches were chosen as research methods. Results. The article examines priority in law in broad (general social) and narrow (proper legal) senses; the characteristic features of priority in law are highlighted. Conclusions. Priority in law is a kind of legal advantage that expresses the specifics of the essence and content of a separate group of advantages. Legal advantage is a broader con-cept that includes not only priority, but also various benefits, subsidies, etc. For this reason, priority should be considered as a specific concept of legal advantage
Keywords