Ashot Hovhannisyan

GOALS AND FUNCTIONS OF LEGAL ADVANTAGES IN LAW /10.59982/18294359-23.14.2-ah-08


In all historical stages of the development of state and society, the main purpose and actual function of the advantages was to emphasize the fact that the privileged subject and the common citizen are unequal. Those advantages helped the wealthy class of nobility suppress the resistance of the poor, exploited people. The unceasing development of legal and political notions that had started in the 19th century led to a new perception and appreciation of legal advantages, as a result of which it became clear that legal advantages envisaged by law can and shall pursue a legitimate purpose of social utility, and without the advantages envisaged by such a law, it is impossible to achieve the proper provision of the principle of legal equality, because those legal advantages are very often aimed at correlation (harmonization) of interests of the person, individual social groups and the state, as well as to ensure the appropriate implementation of tasks assigned to the state, protecting the government employees from all groundless assaults and creating favorable working conditions for them.

In this study, “advantage” was examined as a legal category, and the legal advantages were classified into the following types: benefits, privileges, and inviolabilities. At the same time, based on the aforementioned classification of the types of legal advantages given by the author, in this study, the goals and functions of each type of legal advantage were revisited, identifying the distinguishing features of the above-mentioned types of legal advantages in that context.

Summarizing the research work carried out, we encounter that the identification and careful study of the goals and functions of the “advantage” as a legal category will contribute to the correct and appropriate use of that legal category in national legal literature and the proportional definition of advantages in standard-setting practice based on their goals, while at the same time revealing the legitimate purposes of the “advantages” for the public.

Keywords: advantage, law, benefits, inviolability, privileges.

    PAGES : 81-94