Nataliya V. Mamitova. Legal examination of regulatory legal acts for security threats: theoretical and legal aspect

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Nataliya V. Mamitova - Doctor of Law, professor, professor of the department of the government studies of the Institute of Civil Service and Management of the Russian Presidential Academy of National Economy and Public Administration (RANEPA)

Abstract. The current paper has considered legal examination as a tool that plays a significant role in enforcing national security, the study of the problems of which at the present stage of development of legal science is of great importance. Legal examination in Russia makes it possible, among other things, to identify threats to national security in general and its individual types in particular. Expansion of legal examination to individual objects of national security seems to be a matter of the nearest future, taking into account the growth in the number of challenges and threats in the modern world. First of all, it concerns information and food security. In the current study there has been used the concept of ‘legal security’; there have been analyzed various views on this phenomenon. There has been made a conclusion that the optimal approach would be, on the one hand, the use of law in security science as an independent object of national security, and on the other, the understanding of legal security as the protection of the law itself in the state from the arbitrariness of the authorities of all branches and levels or individual representatives of the authorities, i.e. there has been proposed some narrowing of the content of the concept ‘legal security’ in comparison with the understanding of this security object by some scientists. There has been analyzed the efficiency of anti-corruption expertise as a type of legal examination, which, contrary to presence in normative legal acts of norms that contribute to corruption, also plays a significant role in enforcing security of an individual, society and the state. There has been concluded that legal examination should be mandatory, regardless of the state of the law.

Keywords: legal examination; legal security; anti-corruption expertise; national security; object of national security; regulatory legal act.


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