A modern view on doctrinal intersectoral concepts

The relevance of the topic is primarily due to the imbalance between the traditional and Soviet legal structures and their manifestations. Convergence, understood as the interpenetration of public and private law, in turn necessarily entails the need for connecting tools. Intersectoral concepts are one of them. This article continues to explore the little-studied issues of intersectoral concepts. The main thesis is that the intersectoral concept is an element of the methodology of legal science. Its main functions were investigated earlier and are expressed in the following: it holds together the normative mass and actually reduces its volume. High-quality developments by industry scientists make it possible to update and enrich the legislative system. Especially important for practice is that the unity of opinions and positions of scientists on the main problems of law enforcement determines the stability and quality of current legislation, its effectiveness. The article substantiates the content of the intersectoral concept using the concepts of "emergency" and "requisition" as an example. They are more developed and suitable for theoretical plots. The dynamics of the intersectoral concept and its features are shown, in particular, the need for preliminary doctrinal justification and control over legal concepts. The defining role of the expert opinions of the Presidential Council for the Codification of Civil Legislation is emphasized, and it is recommended that the most important of them be included in the postgraduate training program as examples of scientific thought. The position of the Council on controversial projects on the joint will of the spouses and the inheritance agreement is analyzed in detail. Additional criteria for the classification of intersectoral concepts are proposed. The author expresses doubt about the need to get involved in legal technology to the detriment of conceptual research. The primary element is still the concept. For successful construction, including legal structures, optimal high-quality materials, i.e. concepts, are needed. It is a long process, and it is easier and faster to build a law from what we have. It is necessary to think over a program for attracting creative youth to conceptual issues. The article analyzes the situation in healthcare legislation and daily practice in connection with the upcoming significant changes in the law. Legal measures are recommended to improve documentation management in medical organizations, increase patient awareness, and strengthen control over the performance of duties. In addition, the article, in comparative terms, uses information from pre-revolutionary classics (G.F. Shershenevich, I.A. Pokrovsky) on the familiar problem of freedom of contract, the possibility of its restriction or cancellation. The author declares no conflicts of interests.

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