Establishing Nature of Law in Judicial Decisions

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Валерий Лазарев ◽  
Valyeriy Lazaryev ◽  
Дмитрий Фурсов ◽  
Dmitriy Fursov
Keyword(s):  
Law Enforcement ◽  
Complex Problem ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Depth Study ◽  
The Will ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The problem of establishing the nature of law has deep theoretical roots, because no one can reveal the phenomenon of law. In spite of various scientific aspects of this concept, in practice it is necessary to recognize its role as a single tool. The authors conclude that the court is not only the subject of the interpretation of the jus, not only the enforcer or entity conflict resolution relationship, it introduces its own innovations to the search for justice, it is the creator of the law. The article substantiates the role of the court not only as a guarantor of the existing legal system, but also as an institution imperatively harmonizing the system. The relevance of the study is explained by the fact that the establishment of the nature of law, even in the acts of the Constitutional Court of the Russian Federation is a very complex problem, which has not been adequately investigated, especially with regard to court’s decisions. But all courts create the “living law”. Without the will of the state, no law is possible, but the jus does not embrace the whole law and the latter always takes priority over the jus. Transformation of a legal activity in the aspect of searching for the law is necessary for all judicial authorities. If the first instance courts shut themselves within the framework of the law, their mission will be extremely limited. They won´t even be able to outline the legal boundaries, where the authorized review judicial authorities and persons involved in the case could in-depth study, evaluate the circumstances associated with the search for and finding of the most justified solution. The authors believe that the law revealed in court decisions, forms the foundation of the rule of law and therefore requires additional account as an important information resource, necessary for the formation of unified law enforcement, for its use by a legislator for the purpose of implementing the models of legal relations, as reflected in the decisions, into legislative acts.

scholarly journals LAWMAKING ACTIVITY OF TERRITORIAL ENTITIES OF THE RUSSIAN FEDERATION: PROBLEMS AND SOLUTIONS

2017 ◽  
Vol 2017 (2) ◽  
pp. 95-99
Author(s):  
О. Рыбаков ◽  
O. Rybakov ◽  
О. Рыбакова ◽  
O. Rybakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Constitutional Court ◽  
Legal Doctrine ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
The Law ◽  
Legal Expertise ◽  
Law Making

<p>The article features an analysis of lawmaking activity of territorial entities of the Russian Federation, while focusing on some problems of regional normative legal acts. The authors define the role of legal expertise as one of the key elements of the regional law-making activity providing unity and integrity of the law over the whole territory of the Russian Federation. The analysis of the concept of “legal expertise” due to the regional regulations is given in the article, as well as its types and its essence. The authors examine different trends and approaches to the nature of the normative legal act due to the Constitutional Court of the Russian Federation practice, as well as in legal doctrine and legal law enforcement practice.</p>

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

scholarly journals Imunitas Hukum Bagi Notaris Yang Membuka Rahasia Jabatan

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 25
Author(s):  
Rita Permanasari ◽  
Akhmad Khisni
Keyword(s):  
Law Enforcement ◽  
Supervisory Board ◽  
Legal Protection ◽  
The Political ◽  
Constitutional Court ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
Law Regulation

ABSTRAKKetentuan Pasal 4 dan Pasal 16 ayat (1) huruf f Undang-Undang Jabatan Notaris mewajibkan notaris untuk menjaga kerahasiaan segala sesuatu mengenai akta yang dibuatnya dan segala keterangan yang diperoleh guna pembuatan akta sesuai dengan sumpah janji jabatan kecuali undang-undang menentukan lain. Kemungkinan terhadap pelanggaran kewajiban tersebut berdasarkan Pasal 16 ayat (11) Undang-Undang Jabatan Notaris, seorang notaris dapat dikenai sanksi berupa teguran lisan sampai dengan pemberhentian dengan tidak hormat. Terlebih lagi dengan adanya putusan Mahkamah Konstitusi Republik Indonesia dengan Nomor: 49/PUU–X/2012 memutuskan telah meniadakan atau mengakhiri kewenangan Majelis Pengawas Daerah (MPD) yang tercantum dalam Pasal 66 ayat (1) UUJN membuat notaris seakan-akan tidak ada perlindungan hukum bagi notaris dalam menjalankan tugas jabatannya. Ikatan Notaris Indonesia (INI) harus berusaha menjalankan peranan pembinaan dan perlindungan meningkatkan pengetahuan, kemampuan dan keterampilan para notaris. Demikian juga menjalin hubungan dengan para penegak hukum lainnya, agar penegak hukum lainnya yang ada hubungan dengan notaris dapat memahami kedudukan notaris sesuai UUJN.Berangkat dari pemikiran inilah kewajiban ingkar notaris masih tetap dipertahankan oleh pembuat undang-undang dalam revisi Undang-Undang Jabatan Notaris Tahun 2014 yang merupakan konfigurasi kekuatan perlindungan terhadap profesi dan jabatan notaris dari sisi politik.Kata Kunci : Jabatan Notaris, Hak Ingkar, Perlindungan Hukum.ABSTRACTThe provisions of Article 4 and Article 16 paragraph (1) sub-paragraph f of the Notary's Office Law require a notary to maintain the confidentiality of all matters concerning the deeds it has made and all the information obtained for the deed in accordance with the oath of pledge of office except the law otherwise. The possibility of breach of such obligation under Article 16 paragraph (11) of Notary Law Regulation, a notary public may be subject to sanctions in the form of oral reprimands until dismissal with disrespect. Moreover, with the decision of the Constitutional Court of the Republic of Indonesia with the number : 49 /PUU-X/2012 deciding to have canceled or terminated the authority of the Regional Supervisory Board (MPD) listed in Article 66 paragraph (1) UUJN made a notary as if there was no legal protection for a notary in performing duties. The Indonesian Notary Bond (INI) should endeavor to undertake the role of guidance and protection to increase the knowledge, abilities and skills of the notaries. Likewise establish relationships with other law enforcers, so that other law enforcement who has relationship with the notary can understand the position of notary under the UUJN.Departing from this thought the obligation of notarization is still maintained by the lawmakers in the revision of the Law Regulation of Position Notary on Year 2014 which is the configuration of the strength of the protection of the profession and the notary's position from the political side.Keyword : Position of Notary, Right of Remedy, Legal Protection.

scholarly journals Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

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.

scholarly journals ПОКРЕТАЊЕ ПОСТУПКА НОРМАТИВНЕ КОНТРОЛЕ ПРАВА У РЕПУБЛИЦИ СРБИЈИ

TEME ◽  
2019 ◽  
pp. 1419
Author(s):  
Bálint Pásztor
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Democratic Culture ◽  
Advantages And Disadvantages ◽  
Institutional Values ◽  
The Law ◽  
The Republic ◽  
The One

The author of the article analyzes the specificities of the normative control of the law, i.e. the procedure of assessing the constitutionality and legality of the law in the Republic of Serbia, with the aim of detecting historical and legal preconditions of the effective functioning of the rule of law. The historical perspective of the development of the constitutional judiciary in the Socialist Federal Republic of Yugoslavia and the Republic of Serbia, as well as the analysis of the experiences of various systems of control of constitutionality and legality, open the contextual, scientific-historical and pragmatic dimensions of understanding. The specificity of the system of normative control is reflected in its triplicity, meaning that three institutes are known that characterize different procedural possibilities (to initiate the process of assessing the constitutionality and legality of general acts). The paper is written in order to point out the dichotomy of the proposal and initiative of the procedure of the assessment of constitutionality and legality, as well as the advantages and disadvantages of the ex officio procedure. Furthermore, the author wanted to point out the essential and procedural differences between the proposal, the initiative and the constitutional complaint, especially analyzing the purpose of retaining the institute of the initiative in the light of the existence of the constitutional complaint and the fact that the initiative does not imply the automation of the initiation of proceedings. The dilemma that the article opens concerns the possibility that in the case of abolishing the initiative as an institution accessible to all, is it possible to preserve the democratic culture and the participation of citizens, furthermore is it possible to abolish the fundamental institutional values and freedoms of a legal state and the rule of law? The paper opens other issues of importance for the establishment of an effective constitutional architecture that concern: the width of the circle of authorized proposers of normative control before the Constitutional Court; the dual role of the constitutional judiciary: on the one hand protection of the Constitution, constitutionality and legality, on the other hand effective protection of human and minority rights and freedoms.

scholarly journals Constitutional Justice

2017 ◽  
Vol 19 (33) ◽  
pp. 135-142
Author(s):  
Anca-Florina Moroșteș ◽  
Narcisa-Mihaela Stoicu
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
Contemporary Society ◽  
The Rule Of Law ◽  
Democratic State ◽  
Constitutional Justice ◽  
The Law

Abstract The paper with the title “Constitutional Justice” aims to analyse a topic of urgent actuality and of particular importance in the contemporary society. We have tried to show in this paper the importance of the Constitutional control in the rule of law. Starting from the idea of necessity of existence of a Constitution in a democratic State and, implicitly, of a body to follow-up the compliance with its provision, we have tried to highlight in this paper the role of Romanian Constitutional Court and not only, by presenting one of its most important attributions which is the control of the law constitutionality.

scholarly journals NOVELS OF CRIMINAL LEGISLATION IN THE CONDITIONS OF PANDEMIA

2020 ◽  
Vol 30 (4) ◽  
pp. 541-553
Author(s):  
A.A. Shutova ◽  
M.A. Efremova ◽  
A.A. Nikiforova
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Well Being ◽  
Main Research ◽  
General Scientific ◽  
The Subject ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation

The relevance of the chosen topic is caused by changes in the current Russian administrative and criminal legislation in connection with the spread of a new coronavirus infection. Based on specific examples, the authors confirm that, in various constituent entities of the Russian Federation, a diverse practice of the application of such norms is emerging, which leads to the lack of a uniform application of the law. The subject of the study is legislative, doctrinal, interpretative provisions, as well as judicial investigative practice, reflecting the specifics of applying the law in the field of protecting citizens from the threat of the spread of infectious diseases. The purpose of the study is to analyze legislative novels and develop scientifically sound provisions to improve existing legislation and law enforcement practices in the field of counteracting encroachments in the field of sanitary and epidemiological welfare of the population. The main research method is the dialectical-materialistic method of cognition, which allows you to objectively and comprehensively consider the problems of legal assessment of offenses in the field of ensuring the sanitary and epidemiological well-being of the population. Along with it, general scientific research methods were used: analysis, synthesis, deduction, induction, abstraction; special research methods were used: formal legal, interviewing. The work provides a detailed critical analysis of the composition of administrative offenses and crimes in the field of sanitary and epidemiological welfare of the population, explores the most important issues for law enforcement. In addition, the authors propose measures to improve legislation in this area. The criminological risks of introducing a system of immune passports are studied. The scientific novelty of the study is evidenced by the main conclusions and conclusions reached by the authors, containing recommendations for improving legislation in this area and the practice of its application. The independence of the conclusions made is confirmed by a comprehensive approach to the study of new norms of the current administrative and criminal legislation, as well as materials of judicial investigative practice.

The settlement of disputes of a constitutional nature: inside the Romanian Constitutional Court s rulings on the role and competences of the public authorities

2018 ◽  
pp. 51-70
Author(s):  
TUDOREL TOADER
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Public ◽  
The Subject ◽  
Constitutional Justice ◽  
Settlement Of Disputes

The separation and balance of State powers constitute the basis of the rule of law. Observance of this principle requires framing of public authorities within the limits of competence established by the Constitution and the law, as well as loyal cooperation between them. From this perspective, the attribution of the constitutional courts for settling legal disputes of a constitutional nature is an important tool for correcting the tendencies of violation of these limits, as well as for identifying solutions for situations that do not find an explicit regulation in the constitutional texts. The present study analyses the jurisprudence of the Constitutional Court of Romania in the field of legal disputes of a constitutional nature, revealing, together with the presentation of dispute situations, the vulnerabilities of the constitutional reference texts. It is also highlighted the role of the constitutional courts in the evolution of constitutional law institutions. The conclusion of the study, beyond the subject of legal disputes of a constitutional nature, bears on the necessity, even more so in this matter, of the certainty of jurisdictional interpretation. This certainty cannot be achieved as long as the interpretation is not authoritative; consequently, the assurance of the effectiveness of constitutional justice constitute a key issue of the rule of law.

The Role of the Russian Constitutional Court in «Constitutionalizing» Procedural Legislation (on the Example of the Principle of Adversarial Proceedings and Equality of the Parties)

2018 ◽  
pp. 58-63
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Specific Situation ◽  
Legal Rules ◽  
Basic Law ◽  
Meta Level ◽  
Russian Constitution ◽  
The Will ◽  
The Russian Federation

Using the example of the principle of adversarial proceedings and equality of the parties, the author discusses the Russian Constitutional Court’s activities on the non-textual development of provisions of the Constitution of the Russian Federation. The author analyzes the constitutional law-making tools of the Court and the mechanism of its influence on legal rules at the constitutional level, and finds that the norms of the Russian Constitution have a huge regulatory potential, but are not able to express the will of the constitutional legislator in relation to each specific situation. In turn, the legal positions of the Constitutional Court of the Russian Federation are an instrument of a more subtle (substantive, targeted, dynamic) constitutional and legal impact. They reveal the semantic values of the norms of the Basic Law, summing up the constitutional legal basis under the provisions checked for compliance with the Constitution of the Russian Federation. The author concludes that the norms of the Basic Law taken in unity with the legal positions of the Constitutional Court of the Russian Federation provide the necessary regulatory effect and form an integrative constitutional and legal regulator at the meta level.

scholarly journals Improvement of tax administration based on the requirements to marking of goods

2020 ◽  
pp. 61-75
Author(s):  
Elena Vladimirovna Borovikova
Keyword(s):  
Law Enforcement ◽  
Tax Administration ◽  
State Agencies ◽  
Commodity Flow ◽  
The Subject ◽  
The Law ◽  
Oversight System

The subject of this research is one of the most relevant vectors in the work of tax and other competent authorities &ndash; implementation of the procedure of digital marking of goods and creation of the unified verification base for the released products. The object of this research is the oversight system, in which the monitoring functions of commodity flow are divided between the competent authorities that also control the discharge of fiscal obligations and usage of cash trade mechanisms. Based on the acquired results, the author formulates the tasks solved in implementation of the marking of goods technology; structures the model of system interaction of the authorized state agencies on the questions of monitoring goods turnover; determines the role of fiscal control authorities in the new mechanism of administering sales relations; establishes the theoretical-methodological content of the effectiveness of digital marking of goods. Analysis is conducted on the law enforcement practice of administrative infractions with regards to mandatory requirements of the marking of goods. The author proposes the directions for the development of technologies for monitoring goods turnover and discharge of fiscal obligations by the counterparty. These recommendations along with the obtained results define the novelty of this research, substantiated by a relatively small experience in the area of marking technologies within the system of tax and operational administration of product turnover.

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