For citation:
Maly A. F. Methodology of research into constitutional subjective law. Journal Izvestiya of Saratov University. Economics. Management. Law, 2023, vol. 23, iss. 4, pp. 446-449. DOI: 10.18500/1994-2540-2023-23-4-446-449, EDN: QNUQEK
Methodology of research into constitutional subjective law
Introduction. Constitutional rights and freedoms of man and citizen are the subject of numerous studies. Various approaches are used to disclose the content of these rights. Most often, their analysis takes place through the consideration of the norms governing a certain range of social relations, united in the institution of law of the same name. This method makes it possible to apply a wide range of regulations in the analysis, to show the features of their implementation. At the same time, there is another approach – the study of the content of subjective law by considering the powers of a person. Theoretical analysis. The classical set of powers (right-behavior, right-demand, right-claim, right-use) makes it possible to focus on the ability of the individual to realize his / her rights and freedoms. The article shows the features of various ways of analyzing constitutional rights and freedoms. The comparison of two approaches to the study of constitutional law (the study of the totality of norms as a legal institution and the analysis of the content of subjective law through a set of powers) is carried out. The author pays attention to the peculiarities of the study of subjective constitutional law, completeness of the elemental composition of this law, presence of a “volitional moment” in its implementation. Results. The author provides arguments in defense of the expediency of accurately determining the direction of research into the content of subjective law. It seems more fruitful to consider the subjective law through a set of powers. The confusion of approaches makes it difficult to fully reveal the possibilities of realizing the rights and freedoms of the individual.
- Matuzov N. I., Mal’ko A. V. Teoriya gosudarstva i prava [Theory of government and law]. Moscow, Yurist, 2004. 245 p. (in Russian).
- Nigmetzyanov A. A. On the concept of the right to a state award. Herald of the Eurasian Academy of Administrative Sciences, 2018, no. 2 (43), pp. 68–72 (in Russian).
- Ibragimova L. R. Constitutional right to freedom of movement, choice of place of stay and residence, exit and entry into the Russian Federation: Issues of theory and practice. Thesis Diss. Cand. Sci. (Jur.). Kazan, 2020. 25 p. (in Russian).
- Pravovoe polozhenie korennykh narodov v Rossii i zarubezhnykh stranakh [Malyj A. F., Bukhmin S. V., Garipov R. Sh. (eds.). Legal status of indigenous peoples in Russia and foreign countries]. Moscow, Prospekt, 2021. 360 p. (in Russian).
- Graf R.V. Constitutional right to state compensation for harm: Normative content and implementation mechanism. Thesis Diss. Cand. Sci. (Jur.). Saratov, 2021. 30 p. (in Russian).
- Malyj A. F., Logunova S. O. Institutions of law and legal institutions in modern Russian law and features of their formation. Obrazovanie i parvo [Education and Law], 2021, no. 2, pp. 91–96 (in Russian). https://doi.org/10.24412/2076-1503-2021-2-91-96 , EDN: VVCCON
- Permilovskiy M. S. The right to a favorable environment as a constitutional value. Thesis Diss. Cand. Sci. (Jur.). Kazan, 2014. 31 р. (in Russian).
- Gribanov V. P. Osushchestvlenie i zashchita grazhdanskkih prav [Exercise and protection of civil rights]. Moscow, Statut, 2000. 410 р. (in Russian).
- Malyj A. F., Malyj D. A., Utkin R. V. Obshchestvennoe ob#edinenie kak forma realizatsii prava na ob#edinenie [Public association as a form of exercising the right to association]. Arkhangelsk, Arkhangelsk State Technical University Publ., 2009. 278 р. (in Russian).