Legal privileges as a way of regulating social relations: theoretical and legal characteristics

Abstract

General theoretical analysis of the nature and characteristic properties of privileges as a specific method of legal regulation of social relations has been accomplished. The author has provided own list of the most important legal characteristics of privileges, in particular the author has revealed their following characteristics: privileges are a tool to implement the social function of the state; the institution of privileges is assigned to facilitate social status of legal subjects and enabling environment to meet their needs and implementation of legal interests; privileges provide a differentiated approach to legal regulation; privileges in the process of legal regulation of social relations contribute to the expansion of the legal status of a person and citizen; privileges are fixed only at the level of regulations; privileges as a way of legal regulation produces a stimulating effect on the behavior of individuals.

It has been emphasized that privileges in the state have to be socially justified and be apolitical. It has been concluded that, considering the current tendencies in the development of legal and social state in Ukraine, social role of privileges remains crucial, and the issues of optimal legal provision of the implementation of regulatory capacity by them will remain for a long time an important aspect of the legislative and executive powers.