Special legal procedure in the system of legal advantages

The purpose of the study is to solve a major scientific problem - definition of the concept, legal nature and content of the special legal procedure as a variety of legal advantages, i.e. means of giving specific subjects additional rights and opportunities. The hypothesis of the study is that modern legislation, judicial and other as well as the academic community, such legal phenomena: "exclusive right", "preferential right", "special order", "legal immunity" are unjustifiably mixed. This situation not only impoverishes the scientific and theoretical apparatus of jurisprudence, but also reduces the effectiveness of legal regulation through a system of legal advantages (privileges, privileges, immunities). The present need predetermined the need to identify the existing regularities and shortcomings of technical and legal consolidation of such types of advantages. Subsequently, the multifaceted nature of the impact of the special legal procedure as a specific legal means on all spheres of society and the state is argued. Using a set of general scientific and special-legal methods of knowledge, the author argues the provision on the allocation of the legal advantages of a special legal procedure in the system, as an independant type, consisting of two types: Priority law and a special legal order. The characteristic features of the proposed type of legal advantage differ from other types (privileges, privileges, immunity) and similar legal phenomena, its concept is defined. After examining the doctrinal material, the data of judicial and other law enforcement practices, the author concludes during the study that, despite the existence of branch (mainly criminal procedure, as well as financial, tax, budgetary) studies of legal order and procedures characterized by special conditions, these legal categories were not subjected to a comprehensive, general-oriented analysis. For the first time considering a special legal procedure as a type of legal advantage, its significant influence on the functioning of state policy, economy, social relations, etc. Scientific and practical interest causes consideration of a special legal procedure aimed at protecting subjects with individual legal status, requiring the support of the state, as well as social assistance. In the end, the presence in the legislation of a synonym characteristic of the system of advantages, in which one term identifies different legal phenomena in their essence, the absence of a definitative apparatus, calls for the elaboration of technical and legal measures aimed at improving the legislative consolidation of special legal procedures, removing administrative barriers to their implementation.

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