限定性法作为条件法的分支(以白俄罗斯共和国为例)

IF 0.3 Q3 LAW
N. L. Bondarenko, Y. G. Konanevich, Ju. O. Lysakovskaya
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引用次数: 0

摘要

质量计量学是对物质世界和理想世界的各种事物和过程、物体的质量进行测量和定量评价的科学。许多科学(自然、技术、人文)使用术语“质量”,因此有效地与质量测量相互作用。质量和衡量质量的方法也是法律制度。白俄罗斯共和国的立法包含一整套法律规范(包括技术性规范和标准),规范各种过程和社会关系的质量。国家质量制度已经形成,而质量法的理论制度化尚未发生,这是由于缺乏对质量法律关系和质量规则的性质和本质的理论理解,以及缺乏适当的概念和范畴工具。目的:证明将定性法作为条件法的分支制度化的必要性,以解决一个大规模的科学问题——为经济法律关系的法律调节创造一种有效的方法。方法:由于质学是科学知识的一个特定领域,是自然科学和人文科学知识不可分割地结合在一起的独特的跨学科结构,因此本研究基于跨学科原则进行,作为一种思想、方法和机制,可以发现相关专业领域之间复杂的骨干联系。结果:本文揭示了质学是一个复杂的科学知识领域,是自然科学与人文科学的共生,并明确了质学的研究对象。定性法律关系是一种根据定性规定而发展起来的条件性法律关系;确定了它们的基本特征,并对质性法律关系进行了分类。定性法是条件法的一个分支,界定了条件法的主体和制度。并预测了质量法制度化将产生的预期积极效果。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
QUALIMETRIC LAW AS A SUB-BRANCH OF CONDITIONAL LAW (A CASE STUDY OF THE REPUBLIC OF BELARUS)
Introduction: qualimetry is a science of measurement and quantitative assessment of the quality of various things and processes, objects of the material and ideal world. Many sciences (natural, technical, humanities) use the term ‘quality’ and therefore effectively interact with qualimetry. Quality and methodology for measuring quality are also legal institutions. The legislation of the Republic of Belarus contains a whole range of legal norms (including norms of technical nature and standards) that regulate the qualimetry of various processes and social relations. The national qualimetric system has been formed, while the doctrinal institutionalization of qualimetric law has not yet taken place, which is explained by the lack of a doctrinal understanding of the nature and essence of qualimetric legal relations and qualimetric regulation, associated with the lack of a proper conceptual and categorical apparatus. Purpose: to substantiate the need for the institutionalization of qualimetric law as a sub-branch of conditional law in order to solve a large-scale scientific problem – the creation of an effective methodology for legal regulation of economic legal relations. Approach: since qualimetry is a specific field of scientific knowledge, a unique interdisciplinary structure in which natural science and humanities knowledge are inextricably integrated, the study was carried out based on the principle of interdisciplinarity as an idea, methodology, and mechanism that makes it possible to discover complex backbone links between related fields of expertise. Results: the paper shows qualimetry to be a complex field of scientific knowledge, a symbiosis of natural sciences and the humanities, and clarifies its subject matter. It is substantiated that qualimetric legal relations are a type of conditioned legal relations that develop with regard to qualimetric regulation; their essential features are identified, and a classification of qualimetric legal relations is provided. It is argued that qualimetric law is a subbranch of conditional law, its subject and system are defined. The expected positive effect that will result from the institutionalization of qualimetric law is predicted.
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