scholarly journals Interpretative Norms: The Concept and Legal Nature

Legal Concept ◽  
2021 ◽  
pp. 73-78
Author(s):  
Evgeny Terekhov ◽  
Keyword(s):  
Current System ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Methodological Framework ◽  
Legal Norms ◽  
Legal Science ◽  
Legal Nature ◽  
The Common ◽  
Russian Law ◽  
System Today

Introduction: a legal interpretation activity is an independent type of legal activity. Despite this, its system today is rather poorly studied, which leads to the contradictions in the formation of interpretative practice. One of the elements of the system of legal interpretation activity is interpretative norms, which in legal science have not been distinguished as an independent legal category and have not been comprehensively studied. Purpose: to establish the truth in the issue of distinguishing interpretative norms as an independent legal category. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including consistency, analysis, comparative legal, formal legal. Results: the author’s position grounded in the work is based on the study of the term “interpretative norms”, as well as their comparative analysis with the norms of law to identify the common and individual features. Conclusions: as a result of the conducted research, it is established that interpretative norms should be considered in the legal science as an independent legal category. This is confirmed by the possibility of distinguishing one’s own concept, as well as the presence of an individual legal nature. The current system of Russian law is an interdependent tandem of legal norms and interpretative norms, which interact with each other, allowing the most optimal way to achieve the goals of the legal regulation.

scholarly journals LEGAL INTERPRETATION IN RUSSIAN LAW: THE UNITY OF THE METHODOLOGICAL AND ACTIVITY APPROACHES

2019 ◽  
Vol 23 (2) ◽  
pp. 200-218
Author(s):  
Yulia A. Gavrilova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Interpretation ◽  
Legal Analysis ◽  
Legal Norms ◽  
Wide Range ◽  
History Of ◽  
Russian Law ◽  
Scientific Attention ◽  
Modern Russian

The problem of legal interpretation in Russian jurisprudence is characterized by an extremely wide range of opinions: from formally dogmatic to postmodern. Every scientist tries to see in the interpretation something «his own». A number of scientists believe that it is possible to discuss the terminology of the question, in particular, the distinction between «interpretation» and «explain». Others consider that the purpose of studying the interpretation is to find the best ways to understand the laws published in the state. For the third, the interpretation is interesting in that it lies at the basis of the discretion of officials in the course of practical work on resolving legal disputes, and this raises questions of the limits of interpretation. For the fourth, the interpretation has the status of an ideological toolkit for solving social problems, for example, in constitutional judicial proceedings. The current doctrinal state of the interpretation problem lags behind the needs of legislation and legal regulation practice. Therefore, the changes in the passport of a scientific specialty 12.00.01 - the theory and history of law and the state; the history of the doctrine of law and the state, which singled out the legal interpretation as an independent method of the study of law, requires due scientific attention. The purpose of the article is to give the author's a generalized idea of the place and meaning of legal interpretation in modern Russian law on the material of available scientific literature. Research methods: formal legal, analysis and synthesis, modeling, extrapolation. The results of the study. The age-old disputes over legal interpretation among scholars and practitioners lawyers, philosophers, politicians are explained by the polysemy of the term «interpretation», which allows considering it, according to the author’s article, in two fundamental meanings: narrow and broad. In a narrow linguistic sense, interpretation is a combination of linguistic methods for analyzing legal texts. In a broadly discursive sense, interpretation is perception, translation (decoding) and extracting the meaning of any legal phenomena. Separately highlighted are the methodological and activity aspects of this problem, focusing respectively on modern approaches to interpreting the phenomena of the entire legal life of society, as an integral part of legal discourse, and traditional approaches to interpretation as special activities aimed at understanding the meaning of textually fixed legal norms using special technical-legal means. It is concluded that the generalized consideration of legal interpretation in modern Russian law is necessary in the unity of the methodological and activity aspects.

Practical significance of law constitutional principles

2020 ◽  
pp. 435-441
Author(s):  
Aleksandr Paramonov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Direct Role ◽  
Positive Role ◽  
Legal Norms ◽  
Russian Law ◽  
The Law ◽  
Basic Ideas

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.

scholarly journals Transformation of the Civil Legislation of the Russian Empire on the Example of a Sales Agreement

2020 ◽  
Vol 16 (2) ◽  
pp. 18-25
Author(s):  
Yuri B. Danilov
Keyword(s):  
Legal Regulation ◽  
Russian Empire ◽  
Customary Law ◽  
Legal Institution ◽  
Scientific Discussion ◽  
Economic Liberalism ◽  
Judicial Practice ◽  
Legal Nature ◽  
Russian Law ◽  
The Russian Empire

The article is devoted to the analysis of the nature of the transformation of the civil legislation of the Russian Empire in terms of regulating the sale and purchase relations in the 19th and early 20th centuries. The essence and legal nature of the sales agreement is determined, the analysis of the objective prerequisites for the emergence and development of this institution in Russian law is carried out. It was established that its occurrence was a logical and logical outcome of socio-economic processes during the period of “economic liberalism”. A circle of sources of law has been determined, establishing the basis for legal regulation of this type of obligation. In particular, these include: regulatory legal acts, materials of judicial practice of higher instances and norms of customary law. Assessing the arguments of the participants in the scientific discussion about the appropriateness and validity of highlighting the sale as a separate obligation, the author formulates the key differences between the sale and the sale, which allow us to consider the sale as an independent legal institution.

scholarly journals Legal activity of an individual in criminal law and environmental policy

2019 ◽  
Vol 91 ◽  
pp. 08070
Author(s):  
Alexey Sumachev ◽  
Sergey Kvach ◽  
Dmitriy Dyadkin ◽  
Olga Arkhipova
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Public Law ◽  
Instrumental Approach ◽  
Legal Norms ◽  
The Common ◽  
Legal Subjects ◽  
Legal Methodology ◽  
Instrumental Approaches ◽  
Legal Grounds

Criminal law is traditionally viewed as a branch of public law. Until recently, the category of “dispositivity” in the Russian theory of criminal law had not even been considered. However, it is argued that the development and reflection of dispositivity fundamentals in the criminal law shows the level of protection of law-abiding citizens and also serves as an indicator of activity of legal subjects in the field of criminal justice. The article attempts to define the concept of dispositivity in criminal law and explores its theoretical and applied aspects through conceptual (political and legal) and instrumental approaches. As a part of the conceptual (political and legal) approach, dispositivity is treated as the common grounds of the field of legal regulation. As a part of the instrumental approach, dispositivity is regarded as a method of legal regulation, property legal norms, as well as the mode of legal regulation. From the point of legal methodology, we can speak of dispositivity in the Russian criminal law, since there are no “pure” or distinct fields of private or public law. Simultaneously with the imperative method of legal regulation, there may be the legal grounds for the dispositive legal regulation, and vice versa. The article also analyzes the ratio of the legal activity of an individual (“disposition”) in criminal law and the development of society, using the example of a city. It is stated that the higher the legal activity of a person stipulated by law, the more secure is the position of a person in society.

scholarly journals On the Issue of the Legal Nature of Investments

Legal Concept ◽  
2020 ◽  
pp. 97-104
Author(s):  
Yury Shpinev
Keyword(s):  
Deep Understanding ◽  
Legal Regulation ◽  
Economic Science ◽  
Methodological Framework ◽  
Investment Climate ◽  
Scientific Methods ◽  
Legal Nature ◽  
Definition Of ◽  
Genetic Results

Introduction: despite the need to create a favorable investment climate, the legal regulation of investment in this country has a number of significant drawbacks. The quality of the legislative regulation of investment relations depends on an objective and deep understanding of the legal nature of investments. In this connection, the author aims to study various approaches to determining the legal nature of investments. Methods: the methodological framework for the research was formed by the methods of formal logic, as well as the specific scientific methods: technical-legal and historical-genetic. Results: the author’s position is based on the current legislation and opinions of the legal scholars on the legal nature of investments. Based on the analysis of the existing laws, the problem of defining investments in these acts and legal science is pointed out. Various approaches to the concept of the “legal nature” category are considered, as well as the opinions on the legal nature of investments and investment contracts. The author’s definition of the category “legal nature” is proposed. Conclusions: as a result, it is concluded that in order to establish a single legal and scientific definition of investments, it is necessary to establish their legal nature, which, in turn, requires studying and describing the primary properties of investments at the time of the origin of this category in the framework of the economic science.

scholarly journals Digital profile: the concept, regulatory mechanisms and enforcement problems

2022 ◽  
Vol 5 (4) ◽  
pp. 5-19
Author(s):  
E. V. Vinogradova ◽  
T. A. Polyakova ◽  
A. V. Minbaleev
Keyword(s):  
System Analysis ◽  
Comparative Method ◽  
State Level ◽  
Legal Regulation ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Nature ◽  
Other Information ◽  
State And Local ◽  
Legal Entities

The subject of the research is the legal nature of the digital profile of a citizen, as well as a set of legal norms regulating digital profiling relations in Russia.The comparative method, the method of system analysis, as well as the method of legal modeling are used in the article.The purpose of the article is to confirm or disprove the hypothesis that legal regulation is not the only mechanism for regulating relations in the field of digital profiling.The main results, scope of application. The article studies the phenomenon of digital profile, the main approaches to the digital profiling as well as the circumstances that have caused the state's interest in digital profiling. The creation and operation of a digital profile should be aimed at achieving the goal set out in the legislation. The digital profile is a set of relevant, reliable information about individuals and legal entities formed in the unified identification and authentication system or other information systems of state and local government authorities. The formation of a digital profile is carried out in order to provide data to authorities, legal entities and persons who have requested access to this information through the digital profile infrastructure. The analysis of the Russian legal regulation of relations in the field of digital profiling is presented, the problems of enforcement practice are identified. The analysis revealed the main differences between the digital profile and related categories, including social scoring, the unified population register and others. The comparison of a digital profile with a digital avatar and a digital character was carried out. It is extremely important to pay close attention to the problems of digital profiling both at the level of fundamental and applied scientific research. At the state level, it is important to strategically determine what a digital profile is, as well as formulate the main directions of the digital profiling development, challenges and risks. The importance of the development of digital profiling for unified system of public authorities in the Russian Federation is outlined.Conclusions. The analysis of the emerging practice of digital profiling in contemporary society shows that legal regulation does not always allow us to keep up with the rapidly developing relations in this area. The possibility of using other mechanisms should be considered. The use of mechanisms of regulatory experiments can also be considered as special mechanisms for regulating relations in the field of digital profiling. The goal of the research has been achieved, the legal nature of the digital profile has been revealed, approaches to regulating this phenomenon in the conditions of digital transformation have been proposed.

XV International scientific and practical conference "Legal acts and legal contracts: problems of theory and practice" and the scientific of the "Round Table" "Legal science as a socio-cultural institute: intensification of human, methodological and theoretical potential"

2021 ◽  
pp. 159
Author(s):  
Nataliya V. Krotkova
Keyword(s):  
Effective Means ◽  
Round Table ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Norms ◽  
Sociological Approach ◽  
Legal Science ◽  
Legal Literature ◽  
Russian State ◽  
Practical Conference

On April 20 - 22, 2021, the XV International scientific and practical conference "Legal acts and legal contracts: problems of theory and practice" was held at the Russian State University of Justice, and the “Round Table” "Legal science as a socio-cultural institute: intensification of personnel, methodological and theoretical potential" was held within its framework. Unfortunately, legal contracts and legal acts are very rarely analyzed in the specialized literature. At the conference, some controversial problems of comparative analysis of legal contracts and legal acts were voiced. The development and formation of legal norms in Russian legislation is closely related to the activities of judicial bodies. The participants of the event touched upon such issues as legal methods for improving the efficiency of judicial activity, etc. Within the framework of the scientific “Round Table”, it was noted that the problems of the methodology of scientific research in the field of legal sciences are traditionally among the little-studied, but very relevant problems of jurisprudence. In order to determine the main and effective problems of the methodology of legal science, it is advisable to organize a permanent seminar on topical problems of the methodology of legal research with the participation of leading methodologists of legal science on the basis of a leading law university of the country using modern Internet technologies. The opinion was expressed that an effective means of intensifying legal science can be the rejection from the positivist doctrine of law that prevails in modern educational and scientific legal literature. Attention is also drawn to the fact that the problem of training scientific and pedagogical personnel is becoming particularly relevant. Only a highly professional, creative team of Russian lawyers is able to eliminate the distortions and imperfections of modern Russian legal science. The “Round Table” also considered the problems of the unity of legal science; the factors that hinder the development of the course "history and methodology of legal science" by undergraduates, and ways to overcome them; the methodology of the study of legal regulation in modern legal science; the use of a sociological approach to law in legal science and other issues.

scholarly journals Scientific law as a branch of Russian law

2020 ◽  
Vol 2 (4) ◽  
pp. 52-70
Author(s):  
Anton Vasiliev
Keyword(s):  
Technological Development ◽  
Knowledge Society ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Legal Norms ◽  
The Subject ◽  
Russian Law ◽  
Scientific And Technological Development

The paper puts forward the thesis that there are preconditions for the formation of scientific law as a branch of Russian law. The author examines approaches to the sectoral nature of the legal norms regulating relations in the field of scientific activity. Special attention is paid to the subject and method of scientific law as classical criteria for the separation of branches of law. The article substantiates the need for a theoretical and methodological substantiation of scientific law, doctrinal understanding of the problems of legal regulation of science in a knowledge society. The successful scientific and technological development of Russia determines the existence of an adequate system of legal regulation of scientific activity.

scholarly journals Practical and theoretical problems of legal regulation of surrogacy

2021 ◽  
pp. 1-12
Author(s):  
Yana Ivanovna Suprun ◽  
Anastasiya Maksimovna Kozlova
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Case Law ◽  
Legal Regulation ◽  
Surrogate Mother ◽  
Legal Norms ◽  
The Social ◽  
Legal Nature ◽  
The Subject ◽  
Genetic Parents

The subject of this research is the legal norms applied to the surrogacy program as an independent institution that requires a separate place in the system. The object of this research is the social relations arising in the sphere of surrogacy procedures for future parents, as well as protection of the rights of a child born from artificial insemination. Special attention is given to such aspects as the surrogacy contract, registration of a child born to a surrogate mother, court opinion on the refusal to register a child born to a surrogate mother, and right of a single father to register a child born to a surrogate mother. The novelty of this article lies the analysis and examination of case law dedicated to the practical and theoretical problems of using surrogacy. The definitions are provided to the concepts of surrogacy and surrogate mother. Recommendations are made on the amendments to family and civil legislation by introducing norms that would regulate and determine the legal nature of surrogacy contract, norms on the child’s registration by the genetic parents who are not legally marries, as well as norms that to regulate the rights and responsibility, legal status of the father of a child born to a surrogate mother.

scholarly journals Legitimacy as a Legal Category: Justification of the Concept

2018 ◽  
Vol 5 (2) ◽  
pp. 86-89
Author(s):  
V V Denisenko
Keyword(s):  
Political Institutions ◽  
Legal Regulation ◽  
Essential Characteristic ◽  
Legal Norms ◽  
Legal Science ◽  
Formal Equality

The article analyzes the category of legitimacy as a term of legal science. The main approaches to the legitimacy of legal norms are revealed. The author of the article substantiates the approach to legitimacy as an essential characteristic of law. The legitimacy and legitimacy of law are characterized as distinct from the legitimacy of political institutions. The legitimacy of law characterizes the essence and effectiveness of law, so it cannot be reduced to legality. In legal science it is necessary to allocate traditional and rational legitimacy. Keywords: legitimacy of law, legality, essence of law, effectiveness of legal regulation, formal equality, legitimacy of law.

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