The impact of a shortage of legal opportunities on the exercise of natural rights
https://doi.org/10.22394/2074-7306-2025-1-1-44-50
EDN: QXOXWO
Abstract
The purpose of this article is to show that the effective functioning of a rule-of-law state is based not just on knowledge of laws, but on a deep understanding of their value component. Only awareness of the priority of legal values allows citizens not only to formally comply with the regulations, but also to actively participate in building a just and harmonious society. This value-based approach based on the ideas of natural law assumes that legal norms are not an end in themselves, but serve as a tool for the realization of fundamental human rights and freedoms. The law becomes effective only when citizens perceive it not as restrictive measures, but as a guarantee of their rights.
Methods. In the process of researching the problem, the author used general scientific methods of cognition. Methods such as formal law, historical law, axiological, predictive, and comparative law were also used.
Results. The concept of a shortage of legal opportunities is introduced into scientific circulation, by which the author understands the state of the legal field, characterized by limited access to legal protection mechanisms, which makes it impossible for legal entities to effectively defend their interests under current legislation. According to the author, the legal self-realization of an individual from natural rights to an active civil society is not just the passive use of granted rights and freedoms, but an active, purposeful participation in the legal life of society. It is closely related to self-awareness as a bearer of natural rights that precede any positive right, and the desire to realize them in specific life situations. The problem lies not only in the volume of current legislation, but also in its quality, which leads to a noticeable imbalance between the demand for effective legal acts that improve the lives of citizens and the real supply from the legislative authorities.
Conclusions. The author highlights that insufficient elaboration of draft laws, lack of public discussion and consideration of expert opinions, and the adoption of acts under pressure from lobbying groups lead to the adoption of ineffective and contradictory laws. Legislative initiatives are often divorced from the real problems of citizens, and usually deviate from their natural content. The author believes that the basis of legal self-realization is the understanding of natural rights – inherent in a person from birth, the inalienable rights to life, freedom, and property. security, etc. It is the appeal to these fundamental principles that makes it possible to effectively use the regulatory potential of the current legislation and achieve fair solutions.
About the Author
A. N. MaremkulovRussian Federation
Arsen N. Maremkulov – Dr. Sci. (Law), Professor of the Department of Theory and History of State and Law
Nalchik
References
1. Shapsugov D. Yu. Problems of theory and history of power, law and the state. Moscow: Yurist Publ.; 2003. 685 p. (In Russ.)
2. Maremkulov A. N. On the issue of the relevance of the regulatory role of customary law. North Caucasus Legal Vestnik. 2024;(3):24–29. (In Russ.). https://doi.org/10.22394/2074-7306-2024-1-3-24-29. EDN GIPNCJ
3. Tiratsuyan R. H. Natural law and legal laws in the mechanism of ensuring human rights and freedoms. Humanities and socio-economic sciences. 2011;(6):72–75. (In Russ.)
4. Khabachirov M. L., Efendiev O. F. Futurological aspects of free legal aid in the Russian Federation. In: Organization of free legal aid: theory and practice.; models and prospects. Nalchik; 2024. (In Russ.)
Review
For citations:
Maremkulov A.N. The impact of a shortage of legal opportunities on the exercise of natural rights. North Caucasus Legal Vestnik. 2025;(1):44-50. (In Russ.) https://doi.org/10.22394/2074-7306-2025-1-1-44-50. EDN: QXOXWO