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Usenkov I.A. On the Correctness of the Phrase “The Mechanism of Deregulation”

DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.9

Ivan A. Usenkov, Assistant, Department of Constitutional and Municipal Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-2522-8517


Introduction: in the Russian scientific literature, the concepts of “mechanism”, “mechanism of deregulation” concerning specific means of reducing the body of laws are used quite widely, but the theoretical construction of this phenomenon is currently not developed, and therefore the purpose of the study is to determine the correctness of such word usage and at the same time – the legal nature of “mechanisms of deregulation”. The methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the method of analysis and the system method. Results: the correctness of the use of the term “deregulation” is determined, the tools for reducing the body of laws are correlated with the orthodox concepts of “legal means” and “mechanism of legal regulation”, the structure of the “mechanism of deregulation” is presented, and the definition of this concept is formulated. Conclusions: it is concluded that the instruments of reducing the body of laws are by their nature legal means, and their system can be recognized as a mechanism with some reservations: the means of deregulation are quite special in comparison with the means of law-making itself, and therefore, if they are included in the mechanism of law-making, then as a very separate group; however, to date, the Russian Federation has not developed a full-fledged system of means of deregulation: most of the related means operate in very separate branches of law, there is a duplication of means of deregulation, and there are no established links between them. In this regard, it is possible to talk about the mechanism of deregulation as a potentially right-to-life phenomenon, but not really existing in domestic law.

Key words: deregulation, the mechanism of legal regulation, the mechanism of deregulation, law-making, legal means.

Citation. Usenkov I.A. On the Correctness of the Phrase “The Mechanism of Deregulation”. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 3, pp. 53-57. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.9

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