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Sukhova N. I. Imbalance of the Law as a Factor of Counteraction to Its Implementation. Izv. Saratov Univ., Economics. Management. Law, 2020, vol. 20, iss. 4, pp. 459-463. DOI:

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Imbalance of the Law as a Factor of Counteraction to Its Implementation

Introduction. The article analyzes a particular manifestation of a defective state of legal matter that occurs in the content of acts of the highest legal force, leading to imbalance of the law and imbalance of legal regulation. The main task is to show the consequences of an unbalanced law, which are expressed in situations of counteraction to its implementation, and difficulties in achieving legally significant goals by various subjects of relations. Theoretical analysis. To solve this problem, the author has studied special literature on the issue of balance and imbalance of the legal sphere; on establishing opportunities to use categories that reflect the processes in larger legal entities; determining the grounds and reasons for the imbalance of the law, leading to the emergence of dual and incomprehensible practice of implementing the law, unequal reflection of rights and obligations, as well as the interests of contractors, and so on. A number of laws that are defective in their content, but do not give grounds for initiating procedures for declaring them invalid, unconstitutional, and so on, are subjected to empirical analysis. They only form conditions for opposing their implementation, as well as judicial practice for applying unbalanced laws. Results. The author comes to the conclusion that there are no grounds for inadmissibility of analyzing a normative legal act as unbalanced. The reasons for the imbalance of the law may be significant errors in the formulation of the content, violation of the principle of unity of rights and obligations, inconsistency of the legal status of the addressees of the law, discretion and limits of powers, powers and responsibilities.

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