公共道德的行政与法律保护

V. Bulachek
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引用次数: 0

摘要

本文在复杂系统分析的基础上,运用形式法、比较法和析因法对公共道德的行政法律保护进行了探讨。考虑到其他法律科学的方法和发展,“公共道德”范畴的多面性和研究它的现有需要解释了本研究方法的独特性。公共权力机构在维护公共道德方面的效率不足会导致社会精神福祉水平的下降。本文旨在分析公共道德保护领域的行政规制和法律规制。公共道德是一种由历史决定的社会关系状态,是人类自觉活动的结果。公共道德是与公共秩序和公共安全相联系的整体和部分,其中公共道德是一个组成部分。本文考虑立法确定旨在保护公共道德的行政和法律规范的目的和功能。在研究过程中,对法律与道德的互动机制进行了结构-功能分析,明确了法律与道德作为系统互动部分的要素(法律规范、道德),确立了二者之间的功能联系和关系,并从理论上予以证实。考虑了决定行政和法律保护措施的主观和客观因素。建议将公共道德单独列为独立的行政和法律保护对象。公共道德保护被认为是一项旨在确保社会和个人道德福祉条件的活动。阐述了公共道德行政保护与法律保护机制的概念及其内容。公共道德的行政和法律保护确保了研究领域威胁的中和。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Administrative and Legal Protection of Public Morality
In the article on the basis of complex system analysis with the use of formal-legal, comparative-legal and factorial methods, the administrative-legal protection of public morality is considered. The peculiarity of the methodology of this study is explained by the multifaceted nature of the category of “public morality” and the existing need to study it, considering the approaches and developments of other legal sciences. Insufficient efficiency of public authorities in protecting public morals can lead to a decrease in the level of spiritual well-being of society. The aim of the article is to analyse the administrative and legal regulation in the field of protection of public morality. It is pointed out that public morality is a historically determined state of social relations that have formed as a result of conscious human activity. Public morality is correlated with public order and public safety as part and whole, where public morality is a component. Legislation on determining the purpose and functions of administrative and legal norms aimed at protecting public morals is considered. In the process of research the structural-functional analysis of the mechanism of interaction of law and morality is carried out, its elements as interacting parts of the system (legal norms, morality) are identified, functional connections and relations between them are established and theoretically substantiated. Subjective and objective factors that determine the measures of administrative and legal protection are considered. It is proposed to single out public morality as an independent object of administrative and legal protection. Protection of public morality is considered as an activity aimed at ensuring the conditions of moral well-being of society and the individual. The concept of the mechanism of administrative and legal protection of public morality and its content is formulated. Administrative and legal protection of public morality ensures the neutralisation of threats in the field of research.
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