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The aim is to examine the role and nature of recommendatory norms in legal regulation from Soviet and contemporary perspectives.

March 26, 2026

The Place of Recommendatory Norms in the Mechanism of Legal Regulation: From Soviet Doctrine to a Contemporary Interpretation

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This article analyses recommendatory norms' impact on legal regulation, revealing their significance in today's legal systems.

The aim is to examine the role and nature of recommendatory norms in legal regulation from Soviet and contemporary perspectives.
Analysis of Soviet legal doctrine regarding recommendatory norms
Review of contemporary legal scholarship on legal regulations
Examination of the correlation between recommendatory and mandatory prescriptions
Assessment of how courts interpret recommendatory instruments
Recommendatory norms are identified as essential components of legal regulation.
They primarily provide guidance while maintaining legal certainty in enforcement.
The criteria for distinguishing recommendatory norms from mandatory ones are clarified.
Courts exhibit a specific approach to recommending norms, enhancing their regulatory understanding.

Sergey Nikolaevich Khrameshin (2021) studied this question.

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