scholarly journals Integral Components Analysis of the Professional Readiness for Acting in Extreme Social Environment

2016 ◽  
Vol 21 (2) ◽  
pp. 97-101
Author(s):  
Krastyu Krastev ◽  
Pavel Angelov
Keyword(s):  
Law Enforcement ◽  
Environmental Factors ◽  
Social Environment ◽  
Social Relations ◽  
Components Analysis ◽  
The Law

Abstract Extreme social environment is an intricate set of internal and external environmental factors resulting from the occurrence of contradictions and conflicts in the sphere of social relations. This report dwells on the professional readiness of the law-enforcement structures personnel for action in extreme social environment.

Interdisciplinary Approach to the Examination of Law Enforcement Practice Issues

2015 ◽  
Vol 3 (10) ◽  
pp. 0-0
Author(s):  
Александра Абрамова ◽  
Aleksandra Abramova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Scientific Knowledge ◽  
Interdisciplinary Approach ◽  
Development Stage ◽  
Actual State ◽  
Functional Integrity ◽  
Integrated Theory ◽  
New Development ◽  
The Law

The article justifies the need to create an integrated theory of efficient law enforcement, and in the author’s opinion it is the interdisciplinary approach that is designed to serve this purpose. Integration of various spheres of scientific knowledge which forms the base of the interdisciplinary approach permits to consider law enforcement with reference to and in mutual interdependence of all its system elements, to reflect actual state of the law effects on social relations. The possibility emerges for the search of more efficient ways that help to disclose law enforcement in various aspects, see its new dimensions, and identify the most problematic issues of this type of activity. Conditions are created for preserving functional integrity of law enforcement, and its transfer to the qualitatively new development stage is provided, which meets modern challenges, answers requirements for innovation and modernization of this process.

GAP IN THE LEGISLATION AND WAYS TO OVERCOME

2017 ◽  
Author(s):  
Olena Dashkovska ◽  
◽  
Vasily Demchenko ◽  
Vitalii Yavorskyi ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Norm ◽  
Private Law ◽  
Basic Principles ◽  
The Law ◽  
Law And Legislation

The article analyzes the concepts of "gaps in law" and "gaps in legislation", outlines the general features of these concepts, identifies the main causes of the emergence and existence of gaps in legislation and law. Emphasis is placed on the fact that gaps in the law take place in the legal regulation of only those social relations that have the character of legal. The main ways to eliminate and overcome gaps are considered, their differences are considered, it is concluded that gaps in law and legislation can be overcome by analogy of law and analogy of legislation. The main characteristics of the application of these means of overcoming gaps are determined. Attention is paid to the analogy of law as an exclusive means of legal influence. It is noted that by means of analogy the rights are not eliminated, but only gaps in the law are promptly overcome. It is concluded that it is used only when it is not possible to find such a legal norm. The analogy of the legislation is considered as a specific means of making a legally significant decision in case of gaps in the legislation relating to the specific case. The conclusion about the universality of such a method is made. The basic principles of application of analogy of legislation are stated. It is determined that the analogy of the law applies to relations that are not regulated by law, but should be in the field of legal regulation. It is emphasized that the analogy of legislation is used mainly by judicial bodies in their law enforcement acts, usually to clarify and supplement legislative provisions in the areas of legal regulation, which have gaps. It is noted that the analogy must comply with the fundamental principles of law. It is noted that the analogy of law, as well as the analogy of legislation, are inherent exclusively in private law areas of legal regulation. The article concludes that gaps in law and legislation can be overcome by analogy of law and analogy of legislation, respectively. Certain postulates of application of these means are defined.

scholarly journals Limits of Autonomy in Criminal Law

Lex Russica ◽  
2019 ◽  
pp. 117-128
Author(s):  
V. V. Khilyuta
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Social Relations ◽  
Criminal Law ◽  
Regulatory Function ◽  
Judicial Interpretation ◽  
Economic Relations ◽  
The Law ◽  
The Right ◽  
Law Regulation

The article raises a question about the autonomy of criminal law. Various aspects of the doctrinal understanding of the limits of criminal law and its scope in relation to the positive branches of legislation are considered. The author in the context of the existence of the concept of autonomy (independence) of criminal law regulation questions the limits of judicial interpretation. In this context, antagonistic views on the limits of the mechanism of criminal law regulation are considered. Particular attention is given to the fundamental premise that the functional autonomy of criminal law generates not only a protective component, but also a regulatory function, and the law enforcement officer has the right to decide a particular case, based on concepts borrowed from other branches of law, but it can give them a different meaning and significance than the one they are endowed with in these positive (regulating specific social relations) sectors. The author comes to the conclusion that an autonomous interpretation of foreign industry features and concepts of regulatory legislation is scarcely credible. If a criminal law is to protect economic relations arising from the static and dynamic nature of objects of civil rights and their turnover from criminal encroachments, its subordination to the provisions of regulatory legislation is inevitable. The determinism here should be manifested precisely in accordance with the description of the signs of the crime to the provisions of regulatory norms. As a result, the autonomy of criminal law may create uncertainty about the content of the rule of law itself and allow for unlimited discretion in its enforcement. In this formulation of the issue, the autonomy of criminal law regulation is replaced by a very different approach — the autonomy of the judicial interpretation of criminal law. However, in this case there is a substitution of concepts, and the autonomy of criminal law is associated not so much with the regulatory function as with the law enforcement of criminal law.

scholarly journals Forms of Operative and Service Activities of the Ukraine’s State Border Guard Agencies (Units): Concepts and Legal Regulation

2019 ◽  
Vol 74 (3) ◽  
pp. 18-23
Author(s):  
V. V. Polovnikov
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
State Official ◽  
Individual Concepts ◽  
Service Activities ◽  
The Law ◽  
Definition Of ◽  
Enforcement Activity

As the objective of this article, the characteristics of the concept and legal regulation of the Ukrainian state border guard agencies’ (units) operative and service activities forms are chosen. Such activity is a type of law enforcement activity. The level of the rule of law compliance of such agencies (units) officials and official persons’ service activities depends on the state of its legal regulation. Based on the analysis of the current Ukrainian legislation and scientific views, the author characterized such forms of operative and service activities as border guard and border control. The author's definition of individual concepts is formulated. In particular, according to the author, Ukraine’s state border guard unit is SBGSU state border guard agency’s structural unit, which is responsible for the state border’s certain section protection. The operative and service activities of such units is one of the forms of its state (official) external activity, which is implemented in the border guard service process and carrying out other measures, in accordance with the law enforcement and other SBGSU credentials, concerning persons and legal entities not subordinate to this unit, which implies the origin of all kinds of social relations. The form of operative and service activities of the respective unit is a system of interrelated measures reflecting the content of law enforcement and other credentials of the State Border Guard Service of Ukraine in a certain direction of its state (official) external activities. The forms of operative and service activities are categorized. It is offered to regulate these concepts at the level of the Law of Ukraine “On the State Border Guard Service of Ukraine” and by-laws.

scholarly journals Organizational and technical peculiarities of presenting for identification

2021 ◽  
pp. 40-52
Author(s):  
Vitaliy Viktorovich Pomazanov ◽  
Sergei Ivanovich Gritsaev ◽  
Sergei Grigorevich Stepanenko
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Investigation ◽  
Effective Implementation ◽  
Criminal Procedure Law ◽  
Detailed List ◽  
The Russian Federation ◽  
The Law

The research object is social relations connected with the legal regulation, organization and the tactics of identification. The authors consider the types of identification mentioned in the criminal procedure law, and those used during criminal investigation. Having compared their volume and contents, the authors note that the number of types of identification used in the work of law-enforcement bodies is larger than that of those formalized in the Criminal procedure Law of the Russian Federation. This situation doesn’t violate the law, since such types of identification as the identification of animals, territories, etc. are the components (subtypes) of the types of identification formalized in the law. The authors study the correlation between the organization and tactics of presenting for identification and attempt to systematize the investigator’s actions during the preparation and organization of various types of presenting for identification. The scientific novelty of the research consists in the formation of tactical techniques of presenting for identification through the lens of registration and correlation of subjects of the forensic tactics (the most rational ways of organizing an investigation  - the problem scope) and the organization of criminal investigation (the creation of a structure of the investigative activities, the conditions for its effective implementation, and the investigation management - the organizational and administrative scope). This approach helps to create a detailed list of tactical recommendations for the organization, preparation and realization of various types of presenting for identification with account for the specificity of the object of identification, and their classification in accordance with the stages of this investigation.   

scholarly journals The importance of interpretation of normative legal acts in the process of law enforcement

2020 ◽  
Vol 1 (2) ◽  
pp. 277-290
Author(s):  
Shakhzod Saydullaev
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Social Relations ◽  
Legal Norms ◽  
Foreign Experience ◽  
Scientific Discussion ◽  
Legal Documents ◽  
The Law ◽  
The Republic ◽  
Correct Understanding

The article covers the concept, essence and principles of interpretation of normative legal acts. There is a scientific discussion on the views of a number of scientists. During the discussion, issues related to the correct understanding and interpretation of the content of legal norms, their application to social relations were considered. Methods of interpretation of normative legal acts are explained. At the same time, special attention was paid to the subjects, types of interpretation of legal norms, the factors leading to the ambiguity of some norms in the normative legal acts, gaps in the law were studied in depth, and developed proposals for their effective elimination. In addition, a comparative analysis of national and foreign experience in the interpretation of normative legal documents was carried out, showing the peculiarities of different legal families. At the end of the article, the author puts forward appropriate proposals for amendments and additions to the interpretation of normative legal acts of the Republic of Uzbekistan, aimed at improving the existing legislation.

scholarly journals THE CONCEPT OF "BEST INTEREST OF THE CHILD" IN INTERNATIONAL

2021 ◽  
pp. 113-119
Author(s):  
V. V. Dorina
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Social Relations ◽  
Best Interest ◽  
National Legislation ◽  
Enforcement Officer ◽  
Law Enforcement Officer ◽  
The Law ◽  
The Republic ◽  
Definition Of

The article examines the problem of defining the concept of "child's interest" in international and national law. Examples of different approaches to the definition of the "child's interest" in international acts, regulatory legal acts of the Republic of Belarus are given. The approaches of researchers to the question of defining the concept of "child's interest" are analyzed. It is concluded that, by defining the child's interest as the best, international law leaves freedom of interpretation to the law enforcement officer. In turn, in the national legislation, the child's interest is interpreted on the basis of the criterion of legality, which limits the interpretation of the "child's interest", does not meet modern conditions with rapidly developing social relations, which do not always have time to be reflected at the legislative level.

scholarly journals Religius Culture dalam Komunitas Sekolah

2018 ◽  
Vol 9 (1) ◽  
pp. 49-68
Author(s):  
Siti Majidah
Keyword(s):  
Environmental Factors ◽  
Social Environment ◽  
Social Relations ◽  
Learning Process ◽  
School Community ◽  
Religious Culture ◽  
National Character ◽  
Educational Institutions ◽  
Learning Programs ◽  
Character Building

ABSTRACT Education contributes greatly to the progress of a nation and is a vehicle for translating constitutional messages and means in building national character (character building). An intelligent society will give a smart nuance of life and will progressively form independence. Schools as one of the educational institutions which are an expansion of the individual's social environment for the development of social relations capabilities and at the same time are new environmental factors that are very challenging or even worrying for him. This is because the factors of the situation or circumstances that affect the learning process in students related to the students themselves, the state of learning, the learning process, teachers who provide lessons, friends learn and get along, as well as learning programs taken. All of them are factors that are closely related to one another. Keywords: Religious Culture, School Community.

Judicial Interpretation of the Law

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Павел Гук ◽  
Pavel Guk
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Judicial Interpretation ◽  
Practical Research ◽  
The Law ◽  
Enforcement Authority

The article deals with the interpretation of the law by the judiciary. Normative legal acts in the process of their application can not always regulate social relations, resulting in the uncertainty of their application. Judicial interpretation of the law by the highest judicial authorities provides necessary assistance to the law enforcement authority having, which gives certainty and unity of their application to specific legal disputes. Judicial interpretation in the enforcement process remains valid at the present time that requires the theoretical and practical research. Theory of judicial interpretation of the law will tend to develop skills to understand the specifics of formation and application of acts of judicial interpretation.

Integrasi Integritas dan Lingkungan Sosial untuk membentuk Reputasi: Analisis Sastra Hikmat Amsal 22:1-2

2020 ◽  
Vol 2 (1) ◽  
pp. 52-71
Author(s):  
Farel Yosua Sualang ◽  
Eden Edelyn Easter
Keyword(s):  
Environmental Factors ◽  
Social Environment ◽  
Social Relations ◽  
Research Method ◽  
Wisdom Literature ◽  
Literature Analysis ◽  
Figures Of Speech ◽  
The Social ◽  
Social Environmental ◽  
Social Environmental Factors

This article describes the integration of integrity and the social environment that shapes a person's reputation based on the study of Proverbs 22:1-2, which uses the research method of wisdom literature analysis with 4 (four) interpretations, namely: literal interpretation, context, structure and figures of speech. This study aims to discover a concept and a sustainable application of integrity and the social environment to one's reputation. Even so, many interpreters (such as Solomon Olusola Ademiluka, Kathrine J. Dell and Allen P. Ross, and others) only emphasized a one-way process from reputation to social environment. However, reputation is not a single concept but departs from the factor of integrity and the social environment in its use of Proverbs 22:1-2. This process is based on the author's explanation of the factors of integrity (Integrity towards Personality, Integrity towards Emotional Intelligence) and social environmental factors (Social Environment towards Social Relations and Social Environment towards Generosity) which are interrelated with one another.Artikel ini menjelaskan mengenai integrasi integritas dan lingkungan sosial yang membentuk reputasi seseorang berdasarkan studi Amsal 22:1-2, yang mana menggunakan metode penelitian analisis sastra hikmat dengan 4 (empat) penafsiran, yaitu: penafsiran literal, konteks, struktur dan kiasan. Penelitian ini bertujuan untuk menemukan suatu konsep dan penerapan secara berkelanjutan terhadap integrasi integritas dan lingkungan sosial terhadap reputasi seseorang. Sekalipun banyak penafsir (seperti: Solomon Olusola Ademiluka, Kathrine J. Dell dan Allen P. Ross dan lain-lain) hanya menekankan suatu proses searah dari reputasi kepada lingkungan sosial. Namun, reputasi bukan sebuah konsep tunggal, melainkan berangkat dari faktor integritas dan lingkungan sosial dalam penggunaannya Amsal 22:1-2. Proses ini didasarkan kepada penjelasan penulis mengenai faktor integritas (Integritas ke arah Kepribadian, Integritas ke arah Kecerdasan Emosional) dan faktor lingkungan sosial (Lingkungan Sosial ke arah Relasi Sosial dan Lingkungan Sosial ke arah Murah Hati) yang saling berkaitan satu dengan lainnya.

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