THEORETICAL AND LEGAL APPROACHES TO DEFINING THE CONCEPT OF “LEGAL MANAGEMENT”: STATUS AND PROSPECTS

Abstract

The article is devoted to the theoretical and legal research of the content of the concept of “legal management” taking into account qualitatively updated modern approaches to regulatory and managerial influences on the main processes of human existence. The lack of unity in the approaches of scientists to the content and definition of the concept of “legal management” is emphasized. It was established that scientists, as a rule, analyze various directions of management, highlight its role and significance in certain areas or in the activities of individual structures. Attention is focused on the need to distinguish between the concepts of “legal management” and “legal practice/law firm management”. The need to take into account when determining the content of the concept of “legal management” three main forms of implementation of legal norms: compliance, implementation and use is argued. It has been proven that the formulation of the definition of legal management taking into account only the knowledge and compliance of the managers with the rules of law unreasonably narrows the content of this category, does not take into account the relevant provisions of the theory of law and does not agree with the actual activity of subjects in this field. It is proposed to consider legal management as a system of management relations and actions, which are based not only on knowledge and compliance by managers of legal norms, but also on their implementation and use as two more (along with compliance) main forms of implementation of legal norms. It was concluded that in modern science, taking into account the qualitatively new requirements that are currently being put forward for the organization and implementation of regulatory and managerial influences on the main processes of human existence, it is this approach that allows us to more fully reveal the essence of legal management, its content, and this, in its in turn, will contribute to the improvement of the terminological definition of the mentioned concept and the activation of further scientific research in this direction.