scholarly journals The Genesis of the Internal Convictions of a Law Enforcement Officer in the Process of Interpreting the Norms of Law

2021 ◽  
pp. 38-40
Author(s):  
Vitaly Sorokin
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Linguistic Expression ◽  
Legal Process ◽  
Legal Information ◽  
Legal Literature ◽  
Display Function ◽  
Function Expression ◽  
The Will

The article describes the forms of objectification of language in law. Language is considered by the author not just as a way of communicating legal information, but as a mediator of the meaning of law. The role of legal definitions in legal operations is characterized. The language correlates with the spheres of the spirit of law and the legal process. Language is an important nation-forming factor. It is not limited to providing communication between subjects using verbal and non-verbal means. In the legal sphere, the word carries the spirit of law, for it is the embodiment of this spirit. Receiving a linguistic expression, the spirit of law is objectified. At the same time, the legal literature presents a limited view on the functions of language in law. As a rule, they include display function(expression of the will of the legislator outside) and communicative one (bringing this will to the attention of participants in public relations). At the same time, the most important functions of language in law are ignored: system-preserving, meaning-forming and spiritual. At the same time, the author warns against the absolutization of linguistic means in law.

scholarly journals Essence and significance of legislation systematization in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 101-106
Author(s):  
Nataliya Obushenko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Effective Means ◽  
Legal Education ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
Effective Implementation ◽  
The Right ◽  
Further Development

The article highlights that the systematization of legislation is an essential measure on the path to European integration of our country, as well as that the systematization allows improving and streamlining legislation for ease of application and effective implementation in practice. The article reveals that the role of systematization of legislation is to create all the necessary conditions for its further development, to get rid of gaps and shortcomings in it and to ensure its internal unity. The article clarifies that the systematization of legislation creates opportunities to quickly find and correctly interpret all the necessary regulations, which provides a purposeful and effective legal education of society. Systematization of legislation becomes important in reviewing the sources of law, orientation in the system of legislation, for the adoption of new regulations by law enforcement agencies in coordination with all regulations, addressing obsolete acts and finding the most effective means of regulatory regulation of public relations. In the article, the systematization of legislation should be understood as a set of organizational and legal actions defined by the current legislation of Ukraine, which is carried out by authorized public authorities to bring existing regulations into a single internally coordinated system that improves overall efficiency. Systematization is a process of organizing individual elements, creating the right conditions for them to cooperate and interact with each other. Systematization is one of the main factors of purposeful and effective legal education (formation of legal awareness) and research in the field of student education.

scholarly journals PRECONDITIONS OF ADMINISTRATIVE RESPONSIBILITY: DOCTRINAL ISSUES

2021 ◽  
Vol 1 ◽  
pp. 102-111
Author(s):  
Oleksandr Gerasymenko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Practical Significance ◽  
Clear Understanding ◽  
Current State ◽  
Wide Range ◽  
Scientific Approach ◽  
Rule Making ◽  
Administrative Responsibility

A thorough analysis of liability for administrative offence is not possible without clear understanding of its preconditions. The problem of preconditions for administrative responsibility is directly related to administrative delictization of offenses, effectiveness of the fight against delict, prominent state policy in the field of law enforcement and law order. In this aspect, the role of the preconditions for administrative responsibility is a lot more important because they formulate proper foundations for achieving its general objectives. Thus, they determine the effectiveness of administrative responsibility at sectoral and general social levels. The importance of the definition is due to the urgent needs of rule-making and law enforcement practice, the effectiveness of which directly depends on how reasonable and appropriate each administrative delict norm is. Unfortunately, despite all its scientific and practical significance, the issue of preconditions for administrative liability has not been resolved yet. Therefore, there is a need to form unified, consistent scientific approach to understanding the grounds for administrative liability. To this end, the article provides a critical analysis of the basic doctrinal concepts of the preconditions of administrative responsibility. A wide range of social, economic, technical and other factors that determine the effectiveness of administrative responsibility, its current state, its dynamics and prospects for its development have been studied. Discovered the role of these factors in creating a favorable socio-economic and information-technical environment for the implementation of the main tasks of administrative responsibility, in particular: offences prevention, reliable protection of public relations and education of citizens in the spirit of law. The author concluded the scientific and practical expediency of the systematic study of the preconditions for establishing administrative responsibility (preconditions for administrative delictization) and the preconditions for the effectiveness of administrative responsibility.

FEATURES OF DISCRETION IN LEGAL PRACTICE OF THE STATES OF THE ROMANO-GERMANIC LEGAL FAMILY

2020 ◽  
pp. 18-23
Author(s):  
Yu. V. Onosov ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Scientific Development ◽  
Judicial Discretion ◽  
Dual Nature ◽  
Leading Role ◽  
The Will ◽  
Law Making

The paper discusses general regularities affecting the discretion in law enforcement and law-making practice in the countries of the Romano-Germanic legal family. Factor analysis provides a detailed description of the most important laws related to the exercise of discretion in the law enforcement and law-making practice of the states of the specified legal family. In particular, the author draws attention to the dual nature of judicial rulemaking, the pronounced codified nature of legislation, the leading role of a normative legal act in the system of law sources, the presence of explicit conceptuality and doctrinality, and other essential factors. In comparison with the system of common law, the continental legal family is characterized by the significant influence of the works of legal scholars and the expressed and intense perception of legal doctrines and theories. The author notes that the array of acts of interpretation significantly influences the uniformity of judicial practice in the continental legal system since this is a way to give flexibility to the legal regulation of public relations. Besides, the codifiers use a large number of scientifically based general provisions to formulate prescriptions, which are the main focus. The paper considers the fact that in the Romano-Germanic legal family, the lawyers regard as unacceptable the situation when the will of the judicial authorities determines the decisions made by the legislator since a traditionary one is a situation when the judicial authorities implement the will of the legislator. The author concludes that the rule of law is a consistent principle of the continental legal system. The paper states that scientific development should pay particular emphasis to the problems of law enforcement discretion. Thus, judicial discretion in law is most typical for the legal systems of the Anglo-Saxon legal family, and administrative discretion (the discretion of administrative jurisdiction) – for the Romano-Germanic legal family. The legal system developed in a particular state determines the general and specific regularities of exercising discretion in law practice.

scholarly journals Formation of Professional Readiness for Information and Legal Activities of a Specialist in the Field of Advertising and Public Relations: Goals, Objectives, Criteria

2020 ◽  
pp. 78-92
Author(s):  
N.I. Ryzhova ◽  
D.A. Sokolov
Keyword(s):  
Public Relations ◽  
Professional Training ◽  
Professional Competence ◽  
Modern Society ◽  
Professional Activity ◽  
Legal Information ◽  
Performance Training ◽  
State Educational ◽  
The University

Taking into account the main trends of the modern society and reform of areas of human activity, subject to ongoing processes of integration, globalization and increasing role of information and information processes in modern society, he authors consider the issue of professional training of future specialists in the university. In particular, issues of forming professional readiness of the expert in the field of advertising and public relations to implement legal information activities in the context of solving tasks of professional sphere. Based on the analysis of the structure of professional activity and professional competence of the specialist in the field of advertising and public relations, the article shows the place of the information and legal component in their structure and describes its content for the specialist of the specified profile. Considering the professional training of this specialist in the field of information and legal activity at the university, the authors propose a graphical presentation of the concept of formation of professional readiness and competence for this type of activity in the context of the development of professional culture and skills. In this case, the authors show schematically and list not only the specific components of theoretical and practical units, including those defined in the State Educational Standards, but also formulate the main types of professional tasks of the key, basic and special level for the specified profile. Summarizing the above, the authors also formulate criteria for testing the development of profession-al readiness for information and legal activities among future professionals in the field of advertising and public relations through the description of levels and indicators. The issues discussed in this article and implemented in the University, provide performance training of the University students — future experts in the field of advertising and public relations in the direction of information and legal activities, and the graduate himself with qualifications and competitiveness.

scholarly journals Language and Law

2020 ◽  
pp. 5-7
Author(s):  
Vitaly Sorokin
Keyword(s):  
Legal Services ◽  
Legal Process ◽  
Legal Information ◽  
The Law ◽  
Language And Law

The article describes the forms of exteriorization of language in law. Language is not considered by the author just as a way of transmitting legal information, but as a guide to the meaning of law. The role of legal definitions in legal services is outlined. Language is correlated with the spirit of the law and the legal process.

scholarly journals RESISTENSI PENEGAKAN SYARIAT ISLAM DI ACEH TENGGARA

2018 ◽  
Vol 1 (2) ◽  
pp. 187
Author(s):  
Agustiansyah Agustiansyah
Keyword(s):  
Law Enforcement ◽  
Human Resources ◽  
Islamic Law ◽  
Field Research ◽  
Law Enforcement Officers ◽  
Legal Process ◽  
Legal Structure ◽  
Institutional Aspect ◽  
The Village

<strong>Abstrak: </strong>Artikel ini mengkaji peran Wilayatul Hisbah dalam menegakkan syariat Islam di Aceh Tenggara. Kajian ini merupak hasil dari penelitian lapangan dan data diperoleh melalui kegiatam wawancara dan observasi untuk menjawab fokus kajian. Kajian ini mengajukan temuan bahwa penegakan syariat Islam di daerah Aceh Tenggara masih mengalami kemandegan. Wilayatul Hisbah masih menghadapi berbagai kendala dalam menegakkan syariat Islam terutama yang berkaitan dengan aspek kelembagaan, penerapan hukum, proses hukum dan kesiapan perangkat hukum dan sumber daya manusia. Kesulitan dalam menegakkan syariat Islam diperparah oleh belum adanya kesadaran hukum masyarakat di Aceh Tenggara. Pelanggaran <em>qânûn</em> syariat Islam masih terjadi di perkampungan, dan aparat penegak hukum syariat Islam tidak banyak hanya berdiam diri. Diperlukan reformasi struktur hukum dan birokrasi penegak qanun di Aceh. Kajian ini berkontribusi untuk membantu pemerintah Aceh dalam memperbaiki sistem dan mensukseskan penegakan syariat Islam di Aceh.<br /> <br /><strong>Abstract: </strong><strong>The Resistence of the Application of Islamic Law in Aceh Tenggara. </strong>This article examines the role of the Wilayatul Hisbah<em> </em>Region in enforcing the Shari'a of Islam in Southeast Aceh. This study is the result of field research and data obtained through interviewing and observation activities to answer the focus of the study. This study proposes that the enforcement of Islamic law in the Southeast Aceh region is still stagnating. The Wilayatul Hisbah<em> </em>area still faces various obstacles in enforcing Islamic law especially related to institutional aspect, law implementation, legal process and readiness of law and human resources. Difficulties in enforcing Islamic Shari'ah is worsened by the absence of legal awareness of the community in Southeast Aceh. Violations <em>qânûn</em> Islamic Shari'a still occur in the village, and law enforcement officers of sharia Islam is not much just silence. Required reform of the legal structure and bureaucracy of qanun enforcers in Aceh. This study contributes to assisting the Aceh government in improving the system and succeeding the enforcement of Islamic Shari'ah in Aceh.<br /> <br /><strong>Kata Kunci</strong>: Aceh, Wilayatul Hisbah, syariat Islam, <em>qânûn</em>

Regulatory Generalizations in the System of Law: The Concept, Basic Search Parameters, Varieties and Functional Meaning

Legal Concept ◽  
2019 ◽  
pp. 67-74
Author(s):  
Sergey Malyugin
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Regulatory System ◽  
Legal Regulation ◽  
System Study ◽  
Positive Law ◽  
Legal Literature ◽  
General Scientific ◽  
Regulatory Properties ◽  
Functional Purpose

Introduction: the approach to the legal system study through the prism of its regulatory properties makes it necessary to study such a phenomenon as regulatory generalizations, to establish its search parameters, varieties and functions performed in the system of law, which is the purpose of this paper. The methodological framework for the study is presented by a complex of philosophical, general scientific and specific scientific means of cognition. Results: based on studying the scientific legal literature, legislation and law enforcement practice, the paper describes in detail the main parameters, defines the main varieties and functional purpose of regulatory generalizations. Conclusions: The obtained research data on regulatory generalizations allow establishing for them an independent place in the system of law that reveals the system of law as a regulatory system consisting of a set of components which are interrelated in meaning and functions. The paper defines regulatory generalizations as relatively independent constructs in the system of law, located in its content-essential section, manifested in the regulatory legal prescriptions, which express general approaches to the legal regulation of public relations and the semantic meaning of positive law.

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&#180;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.

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