Legal advantages and legislative exceptions

Abstract

In the article the legal institutes “legal advantage” and “a legislative exception” are exposed to analysis. From theoretico-legal and branch positions elements of their unity, distinction, interaction and contradiction are investigated and reasoned through. Attention is drawn to the fact that, unfortunately, in a number of scientific works the distinction between such categories of the right and means of regulation of the public relations as “advantage” and “exception” has not been carried out at all. Without sharing similar views, and starting from a correlation of advantages with similar properties, marks of general legal categories, iterating or identical moments are brought to light by the author. These are also abstracted from the specifics of each concrete type of advantage in law: immunity, exemption, privilege, etc., distinguishing their particular characteristics and identifying what is common among them. On the basis of this, we then trace the tool of communication of categories that prompt conflict between them and examine contradictory provisions. Refs 18.