The legal concept of social (personal) competition
https://doi.org/10.52468/2542-1514.2025.9(2).22-28
Abstract
The subject. Social competition is a complex phenomenon, a property of social processes that ensures the sustainable development of society, legitimacy, security and competitiveness of the state. Its most important component is personal competition aimed at a fair and effective distribution of social positions in the process of social selection.
The purpose of the article is to form approaches to the study of the legal concept of social (personal) competition.
The methodological basis of the research consists of the principles and categories of materialistic dialectics, systematic, formal-logical and formal-legal methods.
Main results. The main theoretical provisions of the legal concept of social (personal) competition are described. The key element of the system of relations of social selection are social positions as the object, what these relations arise about. Having received legal consolidation in legislation, a social position acquires the form and content of a legal status. The qualitative and quantitative diversity of social positions determines the entire structure of the system of social selection relations. Depending on the legal conditions of access to a social position, selective and non-selective ones should be distinguished. A legal procedure of competitive (competitive) selection has been established for the occupation of selective social positions, no such procedure has been established for non-selective social positions. Certain conditions may be provided for the occupation of non-selective social positions (reaching a certain age, having a certain education, professional training, etc.).
Conclusions. The legal concept of social (personal) competition is based on a typology of social positions, as well as a number of key factors, including the optimal balance of selective and nonselective social positions. Such factors are an optimal balance of selective and non–selective social positions; a fair system of personal preferences and restrictions when taking up social positions; the ratio of objective and subjective criteria for competitive selection; the possibility and procedure for protecting the rights of subjects participating in competitive selections.
About the Authors
A. S. Matnenko
Dostoevsky Omsk State University
Russian Federation
Russian Federation
Alexander S. Matnenko – Doctor of Law, Professor, Department of State and Municipal Law
55a, Mira pr., Omsk, 644077
AuthorID: 380006
K. V. Maslov
Dostoevsky Omsk State University
Russian Federation
Russian Federation
Kirill V. Maslov – Doctor of Law, Associate Professor; Professor, Department of State and Municipal Law
55a, Mira pr., Omsk, 644077
ResearcherID: M-6609-2016
AuthorID: 678481
A. N. Kostyukov
Dostoevsky Omsk State University
Russian Federation
Russian Federation
Alexander N. Kostyukov – Doctor of Law, Professor, Honoured Lawyer of the Russian Federation; Head, Department of State and Municipal Law
55a, Mira pr., Omsk, 644077
AuthorID: 353695
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Review
For citations:
Matnenko A.S., Maslov K.V., Kostyukov A.N. The legal concept of social (personal) competition. Law Enforcement Review. 2025;9(2):22-28. https://doi.org/10.52468/2542-1514.2025.9(2).22-28
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