scholarly journals Extending of the Legal Order During Pandemic: The Russian Perspective

2021 ◽  
Vol 20 (4) ◽  
pp. 29-42
Author(s):  
Mark Belov
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Legal Order ◽  
Legal Philosophy ◽  
Legal Analysis ◽  
Legal Practice ◽  
State Of Emergency ◽  
Political Reality ◽  
The World ◽  
Legal Mechanism

The unprecedented measures of quarantine regulation have led philosophers and lawyers around the world to speak of the fragility of democratic freedoms and the return of the state of emergency as a political reality described in the writings of 20th century theorists. However, the imposed restrictions are considered in the works either in relation to the legal mechanism of their imposition, or through the prism of political philosophy. In addition, the Russian experience has not been sufficiently highlighted in the publications. This article attempts to synthesize legal analysis with political-legal philosophy in order to show that the extension of the legal order is always embedded in its logic. The first part of the article shows how what has been mentioned at the level of philosophical reflection and in relation to foreign legal orders that have been implemented in Russia, using the example of substantive legal practice. The second half of the text draws attention to the logic of protest which coincides with the logic of both the police and the state. Since the rights to which the protesters draw attention to have their source precisely in the existing legal order, both the actions of the law-enforcement authorities and the actions of the protesters are aimed at protecting it. The conclusion is that the danger of this situation is that the normative system could poten-tially replace social reality in the future.

scholarly journals HEALTH EMERGENCY MANAGEMENT. A LEGAL ANALYSIS OF THE ITALIAN EXPERIENCE

2020 ◽  
Vol 2 (2) ◽  
pp. 117-146
Author(s):  
Vicenzo Baldini
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
Legal Order ◽  
Legal Analysis ◽  
State Of Emergency ◽  
Landing Point ◽  
The Rule Of Law ◽  
Italian Experience ◽  
The One

The state of emergency that is being experienced has generated a sort of dynamic disorder of complex systematic re-elaboration within the framework of the legal system of the state. We appreciate a permanent tension between the rule of law and the discipline of emergency which manages to find a problematic landing point in the prefiguration of the existence of an emergency legal system, based on a different Grundnorm and parallel to the one that sustains the whole establishment of the legal system of the sources of the state legal order

State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina
Keyword(s):  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Hybrid State ◽  
Political Interests ◽  
The World ◽  
Constitutional Tribunal ◽  
Law And Justice ◽  
The Republic ◽  
Emergency Measures

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.

scholarly journals АДМІНІСТРАТИВНО-ПРАВОВИЙ МЕХАНІЗМ РЕАЛІЗАЦІЇ ПРАВООХОРОННОЇ ФУНКЦІЇ ДЕРЖАВИ

2019 ◽  
Vol 15 ◽  
pp. 218-226
Author(s):  
О. І. Безпалова
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Effective Functioning ◽  
The Law ◽  
Legal Mechanism

Розкрито сутність адміністративно-правового механізму реалізації правоохоронної функції держави. З'ясовано основні ознаки, характерні для адміністративно-правового ме­ханізму реалізації правоохоронної функції держави. Визначено перелік елементів, що вхо­дять до цього механізму. Обґрунтовано, що основними системоутворюючими елементами є інституційна та правова складові. Визначено основні кроки в напрямі забезпечення ефек­тивного функціонування адміністративно-правового механізму реалізації правоохоронної функції держави.   The essence of the administrative and legal mechanism for the implementation of the law enforcement functions of the state. Find out the main characteristics of an administrative and legal mechanism for the implementation of the law enforcement functions of the state. The list of items included in this mechanism. It is proved that the main elements of the backbone is the institutional and legal components. The basic steps to ensure the effective functioning of the administrative and legal mechanism for the implementation of the law enforcement functions of the state.

scholarly journals Make It New! The Redeeming Modernism of Law and the Collapsing of Its Polarities

Pólemos ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 149-165
Author(s):  
Angela Condello ◽  
Luke Mason
Keyword(s):  
Legal Philosophy ◽  
Legal Practice ◽  
The World ◽  
Normative Practice ◽  
The Law

Abstract This article argues that law is an inherently modernist normative practice. Constructing a vision of Modernism which is at once an epistemology and an attitudinal disposition to doubt and make anew our assumptions about the world, the authors demonstrate that legal practice encounters the world through individual cases. Through these examples, the law is capable of both interacting with and comprehending that world, while also being forced to question the law’s own precepts and their application. In this manner, the law’s generalisations and abstractions become concrete, and can indeed be upended, through fleeting, impressionistic and highly case-specific examples. This exemplarity within law explains how law is able to navigate its apparently contradictory aspirations and natures which have bedevilled legal philosophy for millennia. In reality, law exists within a series of polarities, rather than contradictions, which are navigated through the law’s encounters with examples from the extra-legal world. The authors conclude that this aspect of the law’s nature also has practical consequences, requiring the law to maintain the fora in which new and novel cases are heard, and through which law’s modernist spirit can thrive.

Israeli Law and Jewish Law — Interaction and Independence: A Commentary

1990 ◽  
Vol 24 (3-4) ◽  
pp. 525-536
Author(s):  
Eliav Shochetman
Keyword(s):  
Legal System ◽  
Case Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Jewish Law ◽  
Major Question ◽  
Political Reality ◽  
The World ◽  
State Of Israel ◽  
Opening Section

The focus of the article written by my colleague, Prof. Brahyahu Lifshitz, was the extent of the influence of Jewish law on the legal system of the State of Israel during the forty years since its establishment. In my view, a symposium on “Forty Years of Israeli Law” ought also to include a study of the innovations and developments which have taken place within Jewish law during this period, since to a certain extent, Jewish law is an integral part of Israeli law. A comprehensive analysis of this issue is clearly beyond the scope of this paper. Nevertheless, one major question should be dealt with, i.e. to what extent does the legal system of the State find expression in modern Rabbinical case law? Has the new political reality of statehood, achieved after many centuries of exile, and the ramifications of this reality in the field of law, in any way affected modern Rabbinic decisions in the years following the establishment of the State—decisions which are meant to reflect the changes and developments that have taken place in the world of Jewish law?In the opening section of his article, Prof. Lifshitz describes the influence of Israeli law upon Jewish law in the following terms: The generally accepted view is that Jewish law does not respond to, nor is shaped by, developments in the legislative or judicial organs of the State of Israel.

scholarly journals The Organization of Criminal Proceedings During a Pandemic when the State of Emergency Has Not Been Declared (Using the Example of COVID-19 Pandemic)

2021 ◽  
Vol 15 (2) ◽  
pp. 248-260
Author(s):  
Michael Menzhega ◽  
Marina Sawelewa ◽  
Aleksandr Smuskin
Keyword(s):  
Law Enforcement ◽  
Information And Communication Technologies ◽  
Emergency Situation ◽  
The State ◽  
Personal Contact ◽  
Negative Consequences ◽  
Criminal Proceedings ◽  
State Of Emergency ◽  
Information And Communication ◽  
The Government

The authors analyze the work of law enforcement bodies in the conditions of the pandemic when the situation has not been recognized as an emergency by the government authorities and the state of emergency has not been announced (using the example of the situation in March — April of 2020 connected with the COVID-19 pandemic). They stress the importance of a comprehensive assessment of how critical the situation is and of carrying out certain actions even before it is recognized as an emergency. The authors also analyze various approaches to this situation used in difference regions of Russia and point out negative consequences of the implementation of some decisions. It is shown that law enforcement activities, in comparison with other functions of the state, provide fewer opportunities for avoiding personal contact with citizens. In this connection, different ways of carrying out criminalistic activities effectively that take into consideration the necessity of minimizing personal contact for the investigator are presented, such as: distance communication, investigative activities in virtual reality, use of unmanned aerial vehicles to examine the scene of crime without visiting the area during lockdown, use of criminalistic robotics and other robotic complexes. The authors note with regret that while the administration of law enforcement during an emergency situation or a state of emergency is supported by research-based recommendations, it is left in a virtual vacuum, research- and methodology-wise, in the situation of restrictive measures and self-isolation. The article describes both measures of general prevention (use of medical masks, disposable gloves, disposable clothes, hazmat suits), and special possibilities provided by information and communication technologies available in the conditions of the fourth information revolution. The latter, according to the authors, are a wider use of videoconferencing (including its use for such investigative actions as interrogation, confrontation, identification parade, examination), use of computer-augmented reality, implementation of the concept of electronic justice and the use of robotic complexes for criminalistic purposes.

scholarly journals ANTI-CORRUPTION IN POLICE BODIES OF THE RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY

2017 ◽  
pp. 122-128
Author(s):  
Денис Печегин ◽  
Denis Pechegin ◽  
Евгения Прохорова ◽  
Evgeniya Prohorova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
The State ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Doctrine ◽  
Effective System ◽  
The Russian Federation ◽  
The Individual

The police as a law enforcement body of a specific state was created to perform a variety of tasks in order to maintain the law and order in society, to ensure the security of the state, its citizens. In accordance with the role of the police in the legal doctrine of different countries (Germany, France, England, etc.), in due time, there were even separate schools to study this institution. The police are also one of the subjects of anti-corruption. Nevertheless, this does not mean that corruption cannot exist in the ranks of the police. Despite the general increase in confidence in the police and their employees, noted by the All-Russia centre of studying of public opinion over the last few years in the Russian Federation, today the efforts to combat corruption need to be undertaken not only outside, but also within the police departments themselves. It is obvious that corrupt law enforcement bodies are not able to perform effectively and qualitatively their tasks, and this fast poses a real threat to the state, society and the individual. Thus, the task of improving the complex of anti-corruption measures in the police bodies is becoming more urgent. The article presents a comparative legal analysis of anti-corruption in the police bodies of Russia and Germany in modern conditions. The measures of influence are defined, as well as the forms of interaction of law enforcement agencies in the fight against this negative social phenomenon. The authors come to conclusion that the effective system of anti-corruption in police facilitates not only by the system of legislative sanctions adopted in the state, but also by the qualitative implementation of the state’s social policy with regard to civil servants.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

Friedrich von Hardenberg (Pseudonym Novalis)

2016 ◽  
Author(s):  
William Arctander O'Brien
Keyword(s):  
The State ◽  
Final Word ◽  
The Real ◽  
Political Reality ◽  
The World ◽  
Political Realities

For Hardenberg, the poets are surely ‘unacknowledged legislators of the world’, as Shelley would have it; and still more, they are the makers of the legitimacy that grounds legislation, that grounds the very existence of the state. InHeinrich von Afterdingen, legitimacy is a product of the poets’ manipulation of spectacle, convention, sign. It is a fiction that becomes a working fiction, a fiction actualized and institutionalized in the reality of the state. Hardenberg’s tale is no escape from political realities, as some claim of the Romantics, but a lesson in how political reality is made. Fiction makes the real, or, as Hardenberg noted at the time,notsentimentally: ‘The more poetic, the more true’ (III. 647). In politics, as in all else, this is the final word in Hardenberg’s Romanticism.

scholarly journals Clarification and analysis of the concept of “legal reality”

2019 ◽  
Vol 135 ◽  
pp. 04061
Author(s):  
Victoria Lez’er ◽  
Nina Semeryanova ◽  
Elena Grigorovich
Keyword(s):  
Law Enforcement ◽  
Special Kind ◽  
Semantic Structure ◽  
Research Approach ◽  
Legal Practice ◽  
Symbolic Form ◽  
Scientific Methods ◽  
Cultural Interpretation ◽  
Legal Method ◽  
The World

The relevance of the study is determined by fundamentally different approaches to understanding the essence of legal reality, which creates practical issues of law enforcement. Legal reality is considered in the context of cultural interpretation of law, its role in the legal being of civil society is determined. The analysis of scientists’ worldviews on the problem of the category of “legal reality” allowed the authors to generalize global approaches and define this category as a special kind of being the kind of ideal being; its essence lies in the obligation, and this sphere constitutes the world of man as a person and the world of culture in general. This “being” has a semantic structure. The meanings of law are expressed in mental attitudes, ideas and theories, in the symbolic form of norms and institutions, in human actions and relationships, i.e. in various manifestations of legal reality. However, taking into account the rootedness of law in culture, one can say that the way of the existence of meanings is very multifaceted. According to the authors, clarification of the concept of “legal reality” is necessary to improve legal practice. The leading research approach includes such scientific methods as dialectics, analysis, synthesis, deduction and the formal legal method.

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