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

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.

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.


2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.


2021 ◽  
Vol 93 ◽  
pp. 02018
Author(s):  
Anna Churikova ◽  
Nina Manova ◽  
Mikhail Lavnov

Prosecution authorities in most countries act as guarantors of the legality and validity of criminal prosecution, thereby ensuring the social and economic well-being of the state and society. Outdated paper forms of interaction between prosecution authorities and other law enforcement agencies in criminal investigations overload the existing system and make it less effective. Using the main general scientific methods of cognition, the authors come to the conclusion that it is necessary to improve the legal regulation of the digitalization of the prosecution authorities. As a result of the study, three main tasks have been identified to which the digitalization of the activities of the prosecution authorities should be directed.


Author(s):  
Tetiana Tarakhonych

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.


Author(s):  
Yu. V. Onosov ◽  

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.


2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 563-569
Author(s):  
Vadim Avdeevich Avdeev ◽  
Olga Anatolievna Avdeeva ◽  
Valentina Ivanovna Afanasyeva ◽  
Julija Nikolaevna Bogdanova ◽  
Karina Anatolievna Renglikh ◽  
...  

The article analyzes the key problems of ensuring public security at the domestic and international levels associated with the modern energy policy which threatens the life and health of the planet's population.  The task of implementing measures aimed at legal regulation related to the prevention of international crime is being updated. Interaction between law enforcement agencies and special services and state control bodies of foreign states requires development. It is important to improve the system of measures for the prevention in crime, the development and use of special tools aimed at reducing the level of criminalization in public relations. Suppression and prevention of criminal and other unlawful acts in the field of energy assumes counteraction to such crimes including corruption, embezzlement and misuse of budgetary funds. The activity of foreign organizations and special services, suppressing extremist and terrorist crimes aimed at causing damage to objects and infrastructure of the fuel and energy complex, deserves activation.


Author(s):  
Kirill I. Ryabov ◽  

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.


Author(s):  
Khomenko O

The article is devoted to an overview of the problems of the functions of law definitions and their variants. It is noted that the functions of law definitions in modern domestic and foreign scientific literature are usually explored through the prism of their legislative variety. The latter is due, among other things, to the fact that the use of the notion «function of law definitions» by some modern scholars is largely formal in nature, because the term «law» merges with the meaning of «legislative» or «positive law». While accepting in general that legal law definitions perform certain functions that are inherent in the whole system of legal definitions, yet they, like any other kind of legal definitions, perform certain specific functions that are not peculiar to others types of law definitions, in particular, doctrinal ones. In this context, it is first and foremost about the regulatory function of legal law definitions, which is one of the varieties of legal norms, in connection with which it is necessary to speak about the necessity or obligation to take it into account when taking legally significant actions. Although the content of a legal law definition does not include an indication of the respective rights and obligations of participants in certain legal relationships, it always contains specific features or circumstances (legal facts) that underlie a legal relationship. Turning to the group of general functions of law definitions, first of all, we note that the main functions within this group, in our opinion, are the following: cognitive (epistemological), modeling, ontological, cultural, communicative, cumulative and axiological functions. The above mentioned functions of law definitions are general or those that in one way or another appear within each of their varieties, in particular, legal (legislative), doctrinal and judicial, and, secondly, the list of general functions of law definitions is not exhaustive, given the complexity of the dynamic nature of modern law reality, the development of which provides the opportunity to talk about other common functions of law definitions (for example, ideological). In addition to general functions, law definitions also have some special functions that appear within their particular variety. In particular, legislative or legal definitions perform such special functions as constituent, regulatory, integrative, law enforcement, and others. Doctrinal law definitions are inherent, in particular, such special functions as prognostic, didactic, heuristic, methodological, etc. Judicial law definitions fulfill, in particular, such important special functions as interpretative, law-concretizing, regulatory-orientational, and so on. As a result of the research, the author draws the following conclusions: 1. The functions of law definitions as a whole phenomena are a sufficiently extensive system of main directions of their influence on public relations and their subjects (participants) in order to ensure socially useful reproduction of such relations within the defined law-and-order. 2. The functions of law definitions are the directions of their influence on the development of social relations in general and legal practice in particular, and in the case of their normative fixing – on the direct behavior and activities of persons in which their nature and purpose are manifested, as well as their role in ensuring a stable functioning law-and-order. 3. The general functions of law definitions, that is those, which in one way or another appear within each of their varieties, are primarily cognitive (epistemological), modeling, ontological, cultural, communicative, cumulative and axiological functions. Special functions of law definitions are manifested within their specific variety and are determined by the specifics of the nature of law science (doctrinal law definitions), positive law (legal law definitions), and law enforcement activities (judicial law definitions).


Author(s):  
G. A. Vasilevich

The article analyzes the views of scientists on the development of local self­government, as well as legislation and law enforcement practice in this area. The importance of local self­government for the formation ofBelarusas a democratic state is emphasized. Data on the number of persons elected to local representative bodies, as well as those participa­ ting in the work of territorial public self­government bodies, are given. The position is justified according to which collegial bodies that have a dual nature (Councils of Deputies) function in the system of local self­government bodies. They exercise authority on behalf of the state and at the same time are local governments. It is emphasized that the national legislation of any modern state is influenced by the norms of international documents, foreign experience, the study of which allows us to compare the level of development of public relations and their legal regulation, to identify potential and prospects. In this regard, considerable attention is paid to a comparative analysis of the provisions of Belarusian legislation and the European Charter of Local Self­Government. It is concluded that the European Charter has a significant potential for improving national legislation. Particular attention should be paid to the financial and economic system of local governments. A number of proposals have been made to improve legislation.


Lex Russica ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 118-131
Author(s):  
E. V. Svinin

The relationship of the legal order with the categories "object of legal regulation" and "subject of legal regulation" has not been studied comprehensively enough. The legal literature has developed an approach to defining the structure of law and order as a set of public relations regulated by law. This approach seems limited, since it inevitably leads to the identification of the structure of the rule of law and the subject of legal regulation. Other aspects of the interaction of law and order with the categories "object of legal regulation" and "subject of legal regulation" are yet to be studied.The multi-aspect nature of the "law and order" category necessitates an integrated approach to its structure, for the analysis of the categories "object of legal regulation" and "subject of legal regulation" are of great methodological importance. The peculiarities of the manifestation of order in the legal sphere allow us to distinguish three relatively independent sides of a single concept: law and order as a "norm", "process" and "result" of legal life.The study of static and dynamic structures of law and order is impossible without analyzing the categories "object of legal regulation" and "subject of legal regulation". These categories are considered as the most important components of the structural organization of law and order. In this capacity, they allow you to see the internal logic and regularities of the manifestation of order in the system of legal phenomena such as sources of law, the system of law, the system of legislation, legal relations and legal activity.The application of the categories "object of legal regulation" and "subject of legal regulation" allows you to create a comprehensive and complete picture of the structure of law and order. However, it seems that legal science should pay more attention to these categories. The established traditional and dogmatic views need a new system update. The development of a private theory of the object of legal regulation and the subject of legal regulation will make it possible to achieve significant results in understanding other fundamental categories, in particular the legal order.


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