Benefits in law, legal science and practice

Abstract

The article presents a theoretical analysis of “privilege” as a category of jurisprudence through the prism of the system of advantages in law. The relevance of the research is due to the fact that despite the study (mainly in the field of financial and banking law) of benefits, this legal phenomenon has not become the object of a comprehensive analysis. For the first time, the author proves the significant impact of benefits on the functioning of many areas of modern society (state policy, economy, social relations, etc.). The practical significance of the study is due to the consideration of benefits as means aimed at strengthening the independence and special legal status of subjects in need of state support (business community, employees of state law enforcement and other bodies, etc.), as well as social assistance (disabled people, veterans, minors, etc.). The author aims to prove the social, state-legal necessity of using this legal tool in the process of regulating public relations, to consider the main functions and goals of benefits, their internal classification. Using a variety of means and methods of cognition, the objective and subjective determinants of legislative consolidation of such a deviation from equality are identified, based on social and natural causes of occurrence, economic conditions and special legal factors. The need to analyze legislation and law enforcement practice has determined the necessity to identify existing patterns and shortcomings of technical and legal consolidation of benefits. These include the presence of synonymy in the legislation, which is characteristic of the system of advantages, in which the same terms denote different legal phenomena in their essence; the absence of a definitive apparatus, which makes it necessary to develop technical and legal measures aimed at improving the legislative consolidation of benefits, removing administrative barriers to their implementation.