scholarly journals COURT PRACTICE AS A PARAMOUNT LEGISLATION DEVELOPMENT FACTOR: RUSSIAN AND FOREIGN LAW EXPERIENCE

2017 ◽  
pp. 0-0
Author(s):  
Сергей Синицын ◽  
Sergey Sinitsyn
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Active Role ◽  
Legal Framework ◽  
Point Of View ◽  
Specific System ◽  
Legal Doctrine ◽  
Legal Forms ◽  
Enforcement Activity ◽  
Court Practice

A recent discernible trend towards complication of legislative regulation of public relations and an active role of law-enforcement activity in interpretation of law under conditions of harmonization of the European law dictate the need of consideration of key issues of interrelation of court practice and the legislation not only on the basis of national law, but also taking into account a rich foreign experience. Both the European and the national legal doctrine treat court practice as an independent object of legal research. The issues of judicial rule-making are solved differently in doctrinal researches of various countries, which is caused both by legal traditions of specific system of justice development, and current development needs specific national systems of law. Identification of legal forms of interrelation of law-enforcement practice and the legislation makes it possible to formulate and understand, from the methodology point of view, significant principles and mechanisms of their interaction to determine efficient legal models of development of the legislation and the law-enforcement activity within a legal framework.

scholarly journals Problems of Community Policing in Terms of Quarantine Restrictions

2021 ◽  
Vol 80 (1) ◽  
pp. 62-66
Author(s):  
В. С. Селюков ◽  
В. С. Макаренко
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Community Policing ◽  
Point Of View ◽  
Public Confidence ◽  
The Public ◽  
Professional Activities ◽  
The Government ◽  
Enforcement Activity

There have been a large number of such events in the world over the past year that cannot be called ordinary. The most difficult of them is the public challenge of spreading the COVID-19 coronavirus. Ukraine is not an exception to the countries affected by the pandemic. Measures to overcome this problem involve the coordinated work both of all government agencies and society. The police, as one of the agencies that directly enforces certain restrictions caused by anti-epidemic measures, and the contact of the population and the authorities on law enforcement activity, must master new ways of carrying out professional activities. The pandemic has complicated all public relations in the country without exception. Forms of realization of law enforcement function did not become an exception. Thus, the powers of the police have expanded to some extent due to the need to respect human rights’ restrictions in the context of combating the spread of the disease. Such functions are necessary, but their availability and necessity are questionable from the point of view of the population. The police have the duty to stop the offenses and prosecute those who violate the law regarding certain restrictions caused by the pandemic. At the same time, the majority of the population does not take seriously the appeals of health care authorities and quarantine requirements. This complicates the difficult relationship between the police and the public, since the latter does not perceive police activity in this case as legal and necessary. This leads to exacerbation of conflicts and contradictions. The constant confrontation between these entities significantly affects the level of security and quality of law enforcement activity. The relevance of the study is explained by the importance of police actions in the context of ensuring the compliance of the population with quarantine restrictions. Besides, a large amount of negative material on the Internet provokes the population to negative perception of police activities. However, it may be successful period for the formation of trust, partnership between the police and the population in regard to the situation where solving the problem (spread of the pandemic) requires the mobilization of both the population and the government. Given the above, the authors of the article have analyzed the key problems of community policing in terms of today’s challenges. The authors have developed propositions to improve the forms, methods and techniques of policing to maintain the appropriate level of public confidence in its activities. The obtained results can be further used in scientific and practical activities. The work can become a basis for further research, ground for the implementation of new forms of activities by practical units. The results of the study should be also taken into account during further rule-making activities.

scholarly journals FORENSIC PROBLEMATIC ASPECTS OF COMBATING CRIMES IN CYBERSPACE

2020 ◽  
pp. 283-290
Author(s):  
M. Dumchykov ◽  
V. Pakhomov ◽  
O. Bondarenko
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
International Organizations ◽  
Modern Society ◽  
Legal Framework ◽  
Point Of View ◽  
Highly Qualified ◽  
Law Enforcement Agencies ◽  
Existing Problems ◽  
Legislative Regulation

The article deals with the main forensic issues in the fight against cybercrime, as a new threat to modern society. The statistics of cybercrime and the relevance of this problem in Ukraine and other countries of the world are given. The problems of applying the concept of computer crime and the need to amend the legal framework, as well as attracting the help of international organizations, companies and specialists in the field of information technology is examined. It analyzes the rapid increase in cybercrime in modern conditions. The interpretation of concepts related to crimes in cyberspace, both in national and international legislation, is considered. When considering the problem of combating cybercrime, the works of such scientists as L.P. Zverianskaia, M.A. Vinokurova, A.P. Kireenko, S.V. Chuprova. The main problems that arise in the study of such crimes are identified: – the lack of an agreed theoretical base, and as a result, legislative regulation suffers; – lack of specialists in the field of information technology in law enforcement agencies; Криміналістика і судова експертиза. Випуск 65 290 The issues of prevention and combating cybercrime, and the solution of these problems are investigated. The main measures to combat and minimize existing problems, namely: – technical and theoretical improvement: the need to justify a single concept of cyberspace in all national legislation, from the point of view of forensics, which will allow a new legislative regulation of this area; – new approaches based on a wider use of the achievements of scientific and technological progress that will help to successfully identify and investigate such crimes; – the need to provide law enforcement with highly qualified specialists in the field of information technology; – attracting international support in the form of international organizations, companies and specialists.

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

scholarly journals The Doctrine of Legal Regulation: Approaches to Understanding

2021 ◽  
pp. 65-72
Author(s):  
Tetiana Tarakhonych
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Close Cooperation ◽  
Theory Of Law ◽  
Definition Of ◽  
Law Making

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.

scholarly journals INCREASE IN THE ACTIVE ROLE OF NOTARIES IN INHERITANCE PROCEEDINGS: ISSUES, SOLUTIONS, PROSPECTS

2020 ◽  
Vol 3 ◽  
pp. 8-13
Author(s):  
Viktor N. Domanov ◽  
◽  
Vladislav V. Domanov ◽  
Keyword(s):  
Public Relations ◽  
Market Economy ◽  
Significant Contribution ◽  
Professional Community ◽  
Active Role ◽  
Legal Framework ◽  
Professional Standards

The article is devoted to the study of the activities of notaries in inheritance cases. The institution of inheritance in Russia, which has historically played an important role in the functioning of public relations, is based on the legal framework formed relatively recently in the transition to a market economy. The main link of modern notaries is private notaries, whose community also makes a significant contribution to improving the legal framework. However, in the field of inheritance proceedings, the activity of notaries is not active enough, which does not meet the interests of citizens and society as a whole. When establishing the fact of opening an inheritance, determining the place of opening an inheritance, establishing the degree of kinship with the testator, according to the authors, the notary should be guided primarily by information from electronic databases of state bodies, use the information obtained in the interests of all existing heirs, which will increase the convenience of using the notary system as a whole, will help reduce the number of falsifications and legal disputes. To do this, the professional community of notaries is invited to expand the list of electronic databases used in the work and develop professional standards in which the notary independently receives information about heirs contained in the databases, as well as the use of this information by the notary in the interests of all heirs (for example, informing the heirs about the opened inheritance) will become mandatory.

scholarly journals PENGUATAN KERANGKA HUKUM TERKAIT PENYELESAIAN SENGKETA PASAR MODAL SYARIAH PADA PENGADILAN AGAMA / Strengthening Legal Framework For Sharia Capital Market Dispute Resolution In Religious Court

2016 ◽  
Vol 5 (3) ◽  
pp. 351
Author(s):  
Mul Irawan
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Capital Market ◽  
Islamic Law ◽  
Preventive Measures ◽  
Rapid Development ◽  
Legal Framework ◽  
Point Of View ◽  
Legal Issues ◽  
Religious Courts

Dari sudut pandang syariah, pasar modal adalah produk muamalah. Transaksi dalam pasar modal diperbolehkan sepanjang tidak terdapat transaksi yang bertentangan dengan ketentuan yang telah digariskan oleh syariah. Perkembangan pasar modal syariah di Indonesia yang sedemikian pesat, akan turut meningkatkan jumlah dan ragam potensi masalah hukum yang mungkin terjadi di pasar modal syariah. Setidaknya, diperlukan dua upaya hukum dalam penguatan kerangka hukum pasar modal syariah, yaitu pertama, upaya preventif yang dapat meminimalisir terjadinya masalah-masalah hukum, seperti perlunya pembentukan regulasi yang merujuk kepada syariah Islam agar tercipta kestabilan dan suasana kondusif bagi penegakan hukum di pasar modal syariah, Kedua, upaya penyelesaian sengketa pasar modal syariah dilakukan melalui dukungan terhadap pengadilan agama sebagai satu-satunya lembaga peradilan yang memiliki kewenangan absolut dalam menyelesaikan perkara perdata pasar modal syariah, perlunya peningkatan kompetensi hakim dan aparatur pengadilan agama serta perlunya pedoman, yurisprudensi dan referensi sebagai rujukan dalam penyelesaian sengketa pasar modal syariah di Indonesia. According to the sharia point of view, sharia capital market is muamalah product. Capital market transactions are allowed as long as it does conflict with the terms outlined by sharia. The rapid development of Indonesia sharia capital market results in the increasing number and variety of potential legal problems. It takes two legal efforts in strengthening the legal framework for sharia capital market. First, preventive measures to minimize the legal issues occurrence, such as the establishment of islamic law regulations in order to produce stability and good atmosphere of sharia capital market law enforcement. Second, efforts in sharia capital market mediation which is done through support the religious court as the only judicial institutions having the absolute authority in resolving sharia capital market civil cases. We need to increase the judges and religious courts officials competencies, make guidelines, jurisprudence and the references of sharia capital market dispute resolution in Indonesia.

scholarly journals The Specter of Digital Rights

2021 ◽  
Author(s):  
Kirill I. Ryabov ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Technological Changes ◽  
Electronic Signature ◽  
Semiconductor Chip ◽  
Legal Forms ◽  
The Impact ◽  
Legal Consequences

In the article, the author examines the problem of the impact of technological changes on the legal regulation of public relations, namely the development of digital technologies, how significant such an impact turned out to be and whether, in this regard, significant changes in the principles and mechanisms of legal regulation are required. It is asserted in the article that the problem how to adapt existing legal forms in order to address inevitable changes in public relationships (does not matter what the cause of these changes is: the so called “digitalization” or something else) may be relatively easily resolved. What we need to do is to segregate those aspects of the factual side of relationships in question that should have legal consequences from the rest, that is from those aspects that may be ignored by law. In order to illustrate this thesis the author considers two examples: the semiconductor chip protection and the electronic signature as a way to identify an entity who expressed a will. The author comes to the conclusion that the existing legal instruments for regulating the emerging new factual relations are sufficient, but they must be used correctly. The author gives examples of such law enforcement within the framework of the article.

scholarly journals Category «privilege»: doctrine, legislation, practice

2020 ◽  
Vol 2020 (1) ◽  
pp. 53-60
Author(s):  
Artem Repyev
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Learning Style ◽  
Legal Status ◽  
Point Of View ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Legal Situation ◽  
Approach Method ◽  
The Right

Introduction. The article is devoted to the general theoretic analysis of legal category “privilege”. The author proposes and argues the hypothesis of the perception of privilege as a form of legal advantage different from such types of this system as courtesy and immunity. The work presents essential and substantial consideration of legal privilege from the point of view of the doctrine of law, historical and modern legislation, as well as law enforcement practice. The aim is to form a view of privilege as a form of improving the legal situation of individual entities with special legal status; to propose its definition. Methodology. Historical learning style, empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods: technical approach, method of interpretation of legal norms. Results. Analysis of doctrinal sources of Russian and foreign law, historical monuments of jurisprudence, modern normative legal acts and law enforcement practice has shown thatthe category of privilege is often mixed with other legal means, having an incentive or rewarding character. On the basis of the establishment of similarity and distinction elements between privilege, courtesy and immunity, aspects of their interaction and existing contradictions, the author proves the independent categorical nature of privilege, identifies its specific features, which differ from related legal phenomena. Conclusion. In both legal science (theoretical and sectoral) and the system of legislation, it is necessary to clearly distinguish the understanding and application of the legal category “privilege” by means of: establishing legal definition, unification and specifying the provisions of normative acts using backing, incentive and rewarding instrumentarium; achieving the justifiable use of evaluation categories giving the right to the privilege. The actions taken should contribute not only to improving the efficiency of public relations regulation due to the legal advantages system, but also to reducing the corruption risks associated with the granting of such “on top of ” rights, diminishing administrative barriers on receipt and realization.

scholarly journals LEGAL FORMS OF REALIZATION OF NATIONAL INTERESTS: THEORETICAL ASPECT

2021 ◽  
Vol 5 (74) ◽  
pp. 52-55
Author(s):  
B. Bidova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Theoretical Aspect ◽  
National Interests ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Subject ◽  
Legal Forms ◽  
Legal Mechanism

Тhe object is a complex of public relations arising in the sphere of realization of national interests through an appropriate legal mechanism. The subject of the research are: legal norms and scientific approaches, legal categories of the theory of national interests, official documents (strategies, concepts, contracts, programs, projects, etc.) and law enforcement, including judicial, practice. 

On Legal Nature and Classificatory Identity Standards of Law Enforcement Ethics

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Рафаиль Валиев ◽  
Rafail Valiev
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Legal Regulation ◽  
Problem Situation ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Law ◽  
Legal Forms ◽  
Enforcement Activity

Based on the problem situation conditioned by indeterminacy of institutional position of the standards of law enforcement ethics within the mechanism of contemporary law enforcement regulation, the author attempts to analyze the legal nature of the above standards. The study reveals that the legal nature of standards of law enforcement ethics is conditioned by the necessity to protect the identity of citizens and the law enforcement system itself from the negative impact produced by various forms of irregular conduct by subjects of law enforcement. As a result of comparing the standards of law enforcement ethics and the rules of law the author establishes that according to the technical-legal forms of their external expression and other attributes, as well as their regulatory potential, the standards of law enforcement ethics are comparable to the status of the rules of law. The study permits us to conclude that the standards of law enforcement ethics possess the classificatory identity typical of the protective rules of law represented by relations in the field of law enforcement activity. This identity is conditioned by the specificity of the subject of their regulation. The standards of law enforcement ethics are of subsidiary significance as they supplement and develop standards of status laws in matters of legal regulation of the moral aspect of the law enforcement activity.

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