New Regulation Vectors — “Alternative” Right?

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
YUriy Tikhomirov

Manifestations of crisis in Russia and other courtiers stimulate the effective use of law resources. Complicated processes in legal sphere encourage exploration of their tendencies and new vectors. Acknowledgement of the supremacy of law is not accompanied by a single-line trend of ensuring its actual high role in the society, one can observe phenomena of lawlessness and legal nihilism. That is why it is important to search for new aspects of legal regulation, among other things, by means of using alternative social regulators. In particular, we mean other alternative social norms that do not contradict the law, including non-state sources of law-making and self-regulation. Such phenomena can be observed both in the national law and in the sphere of international legal regulation where new forms of international obligations and self-commitments of states are successfully applied along with the traditional contract forms. Tangling of the abovementioned vectors is weakened by the tendency to power struggle with the law, when violence breaks down the legal framework foundations. That is why values, principles and fair legal rules enrich the social potential of the law.

Author(s):  
Ekaterina Yu. Arkhipova ◽  

Introduction. In modern Russian society with high rates of development of market relations, digitalization of the main spheres of life, popularization of the ideas of self-organization and self-regulation, legal uncertainty acts as a bipolar phenomenon, which is not only a consequence of law-making errors, but an effective technical and legal way of presenting regulations. Theoretical analysis. The historical analysis of the formation and development of ideas of certainty and uncertainty in jurisprudence showed that these categories are considered as universal phenomena characteristic of any matter. It was established that absolute certainty is unattainable and not always in demand, while legal uncertainty is inherent in the very nature of law. Еmpirical analysis. It was revealed that the need to ensure mobility and flexibility of legal regulation imposes the task of a reasonable use of legal uncertainty as a technical and legal way of presenting law on the law-making subject, which is reflected in the current legislation. Results. Legal uncertainty is an objective and inevitable phenomenon, and the total regulation of social relations is not always justified. The law is being improved on the basis of the principle of transition from the casuistic to the abstract, which proves its universality.


2019 ◽  
Vol 7 (4) ◽  
pp. 1319-1324
Author(s):  
Mikhail B. Rumyantsev ◽  
Vladislav Yu. Turanin ◽  
Arsen V. Akopyan ◽  
Dina V. Alontseva ◽  
Olga V. Batova

Purpose: There is a problem of legal act choice during the law-making process considered in the paper. A method for step-by-step choice algorithm is advanced. The algorithm is associated with public relationship assessment. The public relationships to be regulated must have a certain social value. Methodology: The method for step-by-step choice is developed based on the public relationship assessment method extracted from law books. Despite existing in law books the criteria for public regulation needs, the method for act choice itself was not elaborated. The new methodological tools to create driving law-making researches are introduced. Result: The law-making solutions must appear from objective public relationships needs to change which are stem from the political, economic and social conditions considered. Law-making solution projects should be legally examined as well as drawn up through public discussion which can help to find optimal alternative of the solution. The problem of interrelation between harmonization and uniformization on different legal regulation levels is also marked. Self-Regulation in private law branch is represented to be maximally developed because the higher self-regulation the fewer laws, orders, regulations, and instructions to be adopted. All legal act choices should promote self-regulation as much as possible. This could reduce law-enforcement authorities’ load. Legal act choice is a weak scientific field in which much is to be done. Applications: This research can be used for the universities, teachers and education students. Novelty/Originality: In this research, the model choice of the legal act during law-making PROCESS is presented in a comprehensive and complete manner.


Author(s):  
Л. Г. Матвеева

У статті розглядається проблематика наступності права як загальнотеоретичної кате­горії, аналізуються різні позиції щодо сутності наступності права. Виявляються й аналізу­ються фактори, які зумовлюють наступність права. До соціальних факторів наступності в праві слід відносити фактори розвитку суспільства, державну волю. Виділяється такий соціальний і водночас правовий фактор, як традиції правового регулювання, до яких різні автори відносять об'єднання різних цівілізаційних моделей і правової системи. Наступність у праві може виражатися в правових нормах, правових інститутах, право­свідомості, правовій поведінці. Найбільш яскраво наступність права проявляється в коди­фікованих нормативно-правових актах і правових звичаях. Наступність права є важливим механізмом, завдяки якому відбувається оновлення нормативно-правової бази регулювання суспільних відносин, зберігається цінний накопичений і пережитий досвід. Поряд із вивченням наступності права в законодавстві та юридичній практиці також розглядається наступність у юридичній науці. Зроблено висновок, що наступний зв'язок у праві дозволяє виявити співвідношення вибудованої вітчизняної державно-правової систе­ми та конкретних історичних умов її існування.   The article deals with the problems of law succession as a general theoretical category; it is analyzed different points of view concerning the nature ot law succession. It is identified and analyzed the factors that determine the law continuity. The social factors of continuity in the law should include; factors of development of society, a will of state. It is distinguished at the same time a social and legal factors as the tradition of legal regulation to which different authors include unification of different civilizational model and the legal system. Law succession may be expressed in the law and legal institutions, sense of justice, legal behavior. The law succession is manifested most clearly in codified legal acts and legal traditions. The law succession is an important mechanism by which updates the legal framework regulating social relations and saved valuable lessons, a lived experience. Along with the study of law succession in legislation and legal practice, it is considered the continuity in jurisprudence. It is concluded that the successive link in the law ratio reveals the architecture of the domestic state legal system and the specific historical conditions of its existence.


Author(s):  
Roman Z. Rouvinsky ◽  
Tatiana Komarova

This article examines the normative legal framework and principles of functionality of the Social Credit System that is currently being implemented in the People's Republic of China. For the first time in legal science, the Social Credit System is viewed not as an organizational and regulatory technique that in one or another way is related to law, but rather as an independent legal institution relevant to the branch of administrative law. The application of formal-legal and comparative-legal methods allows describing the hierarchy of sources of the Chinese law pertaining to social credit mechanisms and procedures, as well as giving characteristics to major provisions of the corresponding normative acts. The peculiarities of legal regulation of the mechanisms and procedures that comprise the Social Credit System in PRC include the following aspects: sublegislative nature of such regulation, prevalence of joint lawmaking, focal role of normative legal acts of the Chinese government, declarative character and ambiguity of multiple legal provisions with regards to the Social Credit System. The author underline the specificity of interpretation of the normative legal acts of the People's Republic of China, usage by the lawmaking branches of moral categories in formulation of provisions for regulation of elaboration and implementation of the social credit mechanisms. The provisions of governmental and departmental normative legal acts pertaining to the Social Credit System are correlated with the provisions of the current Constitution of the People's Republic of China.


2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.


Author(s):  
Andreas Motzfeldt Kravik

Abstract The article explores the current stagnation in multilateral law-making based on an analysis of recent treaty attempts across various subfields of international law. It further examines why the law of the sea has continued to evolve despite this trend. The article demonstrates that states still regularly seek multilateral treaties to address new challenges. While there is some evidence of general treaty saturation, it is the current inability of traditional great powers to negotiate new binding norms which is the most constraining factor on multilateral law-making. This in turn is related to deeper geopolitical shifts by which traditional great powers, notably the United States and its allies, have seen their relative influence decline. Until the current great power competition ends or settles into a new mode of international co-operation, new multilateral treaties with actual regulatory effect will rarely emerge. The law of the sea has avoided the current trend of stagnation for primarily three reasons (i) a global commitment to the basic tenets of the law of the sea; (ii) a legal framework that affords rights and obligations somewhat evenly disbursed, allowing less powerful states to use their collective leverage to advance multilateral negotiations, despite intermittent great power opposition; and (iii) the avoidance of entrenched multilateral forums where decisions are reached by consensus only.


Family Law ◽  
2019 ◽  
pp. 825-915
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989 and the Social Services and Well-Being (Wales) Act 2014; the law and procedure regulating compulsory intervention into family life by means of care proceedings under Part IV; and the various emergency and interim measures available to protect a child thought to be at risk of immediate harm.


2019 ◽  
Vol 17 (3) ◽  
pp. 393-415
Author(s):  
Jaroslav Mihálik ◽  
Bystrík Šramel

The law-making process is one of the extremely important forms of local self-government activities. By means of law-making, local self-government regulates the conditions of life and behaviour of the local community living in a particular area of local self-government. Through law-making, therefore, local self-government can significantly interfere with an individual's life. The paper is focused on the analysis of the current legal regulation of the local self-government law-making process in the Slovak Republic and the identification of its weak points. The authors examine the results of control activities of authorities performing the review of constitutionality and legality of local law-making. On this basis, we submit a number of suggestions and incentives for changing the current legal regulation of law-making competence of local self-government.


2007 ◽  
Vol 49 (5) ◽  
pp. 673-686 ◽  
Author(s):  
Sean Cooney

This article examines some of the factors contributing to the widespread compliance failures experienced by Chinese labour law. It focuses on the nature of the legal rules and the structure of state and quasi-state institutions charged with implementing the law. While the basic legal framework regulating labour in China appears designed to prevent many abuses, the lack of settled detail inhibits effective enforcement. The labour inspectorate, formal dispute resolution processes and the official trade union organization each suffer from weaknesses reducing their capacity to elicit compliance with the law. Some improvements to the law and the institutions are already being implemented. The article suggests further areas of reform that may increase compliance, within the constraints of China's current political realities.


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