Analysis of Problems in the Field of Jurisprudence: Peculiarities of Pre-emptive Rights and Rights of Privilege in the Context of Modern Law Enforcement

Abstract

The article is devoted to the analysis of the ratio of preferential rights and privilege rights in the context of modern law enforcement. Ozhegov’s dictionary defines “advantage” as a benefit, superiority, or exclusive right, and “privilege” as a preferential right or privilege. In the legislation of the Russian Federation, the terms are used without a clear distinction. The identifi cation of the reasons for this gap and the validity of the use of these types of rights have become the main research issues. The Constitution of the Russian Federation guarantees equality of rights, but preferential rights and privileges can create inequality if their use is justifi ed and does not contradict the Constitution. The study revealed that preferential rights are granted to subjects who own objects of civil rights, whose activities benefit society. Privileges, in turn, are granted to those in need or to entities performing government functions. It was also argued that privilege is a category included in preferential rights.The scientific novelty of the research is due to the opportunity to identify the features, establish criteria and limits for distinguishing the legal categories of preferential rights and privilege rights in the legal mechanism of their application, both in the theory of law and at the legislative level of legal regulation. The essence of the research lies in the fact that, based on the analysis of elements of similarity and difference, the contradictory nature of these categories, and in some cases, confusion, their independence and specificity are proved, which do not contradict the norms of law and allow to establish the limits of the use of the terms “advantages” or “privileges” and their isolation from other related legal categories.