Понятие и значение определения целей и задач отраслевого законодательства

Вестник Воронежского государственного университета. Серия: Право. 2024. № 1(56). С. 85–94.

Buyanova M.

The genesis of scientific thought about the purpose in law is analyzed. The purpose of law is defined as the desired state of society and social processes taking place in it. The purpose of law is a concentrated expression of public interest and is transformed into the purpose of legislation. The transformed purpose of law cannot be fixed as the purpose of legislation directly in the law. The necessity of specifying the purpose of legislation in relation to the area of public relations, which is regulated by the adopted law and, thus, acquires the form of the purpose of a separate branch of legislation is justified. The goals of the branch of legislation are formulated, as a rule, in the preamble of the branch law, or in its initial articles. While disclosing the content of the purpose of a branch of legislation, in some cases the legislator also formulates the objectives of the relevant branch of legislation. Being a moment of the content of the goal, the objectives of the branch of legislation concretize the goal, contributing to a more accurate understanding of it by the subjects of law enforcement activity and, thus, to its more effective achievement. Thus, the achievement of the purpose of sectoral legislation is carried out through the realization of its objectives.

Keywords: право, отрасль права, branch of law, law, purpose of law, goals of branch legislation, tasks of branch legislation, цель права, цели отраслевого законодательства, задачи отраслевого законодательства