scholarly journals PROBLEM ASPECTS OF TRADITIONAL APPROACHES TO DETERMINATION OF METHODS OF LEGAL REGULATION

2021 ◽  
pp. 39-44
Author(s):  
O. Kotiuk
Keyword(s):  
Legal Regulation ◽  
Theory And Practice ◽  
Huge Number ◽  
Erroneous Conclusion ◽  
Legal Norms ◽  
Course Of Action ◽  
Objective Sense ◽  
Traditional Approaches ◽  
System Methodology

The article refutes traditional ideas regarding the existence of the unified and inherent in each specific branch of law method of legal regulation. The following aspects are substantiated: (1) erroneous conclusion that the method of legal regulation is one of the obligatory criteria for distinguishing legal norms in the field of law; (2) that the existing definitions of the concept and content of these methods are controversial; (3) the need to clarify and the issue in question itself, namely whether it is about methods of legal regulation or methods of law, the identification of which is erroneous; (4) incompleteness of the proposed features and systems of these methods; (5) unjustified underestimation in the formation of the doctrine of methods of legal regulation of their conditionality not only by the subject, but also by the purpose and objectives of each of its types, and by what means each of them can be solved. The article proves the following: (1) since the law in the objective sense performs the function of the method, in the theory and practice of legal relations it would be more appropriate to use the concept of not "method of law", but "method of legal regulation"; (2) in the structure of any method, it is necessary to distinguish its content, which is a system of relevant requirements, rules, guidelines, recommendations, etc., and its form, which is the appropriate method of its application; (3) each type of legal regulation provides for the need to solve a huge number of tasks, and therefore uses a huge number of appropriate tools, which include its methods, each of which is marked by its own content and form, its inherent features and has its own structure, which facilitates the choice for its use of the appropriate course of action; (4) components of the system of methods of legal regulation are common law, branch, methods of separate legal institutes and methods of solving separate (atypical) tasks, which determines the relevance of their classification; and (5) methods of legal regulation can be properly characterized only in a system of comprehensive consideration of the following issues: (a) the concept, purpose and objectives of legal regulation; (b) its object and subject; (c) means of legal regulation and what tasks they aim to solve; (d) ways and features of the procedure for their application, fixation and procedural forms of use of obtaining results with their help; (d) subjects authorized to use them; and (e) ways of legal support for the proper use of appropriate means and results obtained with their help. Keywords: legal regulation, branches of law, subject, methods, means, content, form, system, methodology.

scholarly journals The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Theory And Practice ◽  
The Sustainable Development ◽  
Legal Norms ◽  
Inductive Methods ◽  
Protection Of Human Rights ◽  
The Right

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

scholarly journals Prosecutor's authority in the conceptual-categorical apparatus of the theory and practice of prosecutorial activity outside the criminal law sphere

2021 ◽  
pp. 58-68
Author(s):  
Darina Viktorovna Kocheva
Keyword(s):  
Semantic Content ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Public Interests ◽  
Legal Obligations ◽  
Legal Nature ◽  
Private And Public ◽  
The Subject ◽  
Universal Definition

The subject of this research is the approaches existing in the theory and practice of prosecutorial activity towards determination of the concept of “prosecutor's authority” and its constituent definitions, their correlation with the scientific views of legal scholars upon the state-legal category of “authority”. Due to the fact that any science is based on the terminological framework, featuring units that differ in their semantic content, the research of the cognizable basic category that does not have a universal definition, neither in science nor effective legislation, as well as the contradicting legal phenomena of different legal nature (rights and obligations) at its part, substantiates the relevance of this research. The scientific novelty of lies in the author’s argumentation of similar, identical and opposite perspectives on the subject matter existing in the literature, effective legal regulation, personal experience of working in the prosecutor's office, justification of conclusion in the indicated category of “legal obligations”. The author comes to the conclusion there is no need for normative differentiation the rights and responsibilities of the prosecutor within the framework of his “general oversight” authority and optimality of the existing regulation, which authorizes the prosecutor to act at the own discretion (making decisions based on subjective opinion and assessment) in terms of the grounds  and means set by law, with consideration of private and public interests.

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 LEGAL REGULATION OF THE PROCEDURE FOR HANDLING CROSS-BORDER DISPUTES IN CIVIL MATTERS WITHIN THE EU

2019 ◽  
pp. 183-192
Author(s):  
V. V. VOYNIKOV
Keyword(s):  
Economic Integration ◽  
Legal Regulation ◽  
Access To Justice ◽  
Court Decisions ◽  
Legal Norms ◽  
Cross Border ◽  
Judicial Practice ◽  
Definition Of ◽  
The Eu

This paper is devoted to the consideration of certain aspects of legal cooperation in civil matters related to the determination of jurisdiction, recognition and execution of court decisions, as well as the definition of law to be applied when considering cross-border cases within the EU. At the EU level, an entire system of unified legal norms has been created governing the procedure for handling cross-border disputes in civil matters within the Union. At the same time, the EU’s goal is not to replace national procedural legislation with Allied acts, but to facilitate access to justice in civil cases of a cross-border nature in the context of close economic integration. The author analyzes the concept of «legal cooperation in civil matters», and also reveals its key elements. The paper highlights and examines in detail the four modes of consideration of cross-border cases within the EU, notes their features, as well as analyzes judicial practice.

Legal regulation of the system of social services for the population in modern Russia

2021 ◽  
pp. 337-345
Author(s):  
Sadykov Ramil Midkhatovich Sadykov Ramil Midkhatovich ◽  
Nataliya Leonidovna Bolshakova ◽  
Rita Khurmatullovna Khamadeeva
Keyword(s):  
Social Services ◽  
Russian Federation ◽  
Service Sector ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Norms ◽  
Social Comfort ◽  
The Russian Federation ◽  
Further Development

The article examines the issues of the modernization of the system of social services for the population in the framework of the implementation of the Federal Law «On the Basics of Social Services for Citizens in the Russian Federation.» The subject of the analysis is the legal norms governing the specifics of the provision of social services. The innovations in the service system that have occurred within the framework of the adoption of the new legislation of the Russian Federation are considered in detail. Positive changes in social policy required bringing the sphere of legal regulation of the system in line with the modern stage of the development of society. The important innovations are in the legislative requirements to the organization of social services, the parameters for assessing citizens in need, and the determination of per capita indicators for financing the services. However, along with positive aspects, in practice there are some shortcomings concerning, in particular, the imperfection of the delineation of powers between the Russian Federation and its constituent entities, the lack of legal norms on many social services, their clear normative quality indicators, shortcomings in the system for identifying those in need, problems of law enforcement in the sphere of implementation of certain forms of social services, etc. All these issues dictate the need for further improvement of some of its provisions, the introduction of innovative technologies in the field of social services to the population with the study and application of successful domestic practice and foreign experience, as well as further development of methodological and regulatory framework. The substantial component of the modernization of the system is services that increase the vector of social subjectivity of the needy categories of the population and ensure the improvement of their life and social comfort, and the fact that the institutionalization of the system of social services in the service sector contributes to the expansion of its capabilities in modern conditions.

scholarly journals Restrictions and boundaries in the Russian information law

2020 ◽  
pp. 11-30
Author(s):  
Gulfiia Gafiiatovna Kamalova
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Legal Norms ◽  
Original Definition ◽  
Legal Nature ◽  
Information Law ◽  
The Subject ◽  
Definition Of ◽  
Theoretical Foundations

The subject of this research is the system of legal norms of the Russian Federation that regulates public relations within the process of restriction of the constitutionally recognized information rights and liberties of a human and citizen, as well as establishment of the boundaries of their realization in the current conditions of development of the information society and digitalization. The goal of this work is to develop theoretical foundations for information law through demarcation of boundaries and restrictions of the information rights and liberties, which would also contribute to improvement of information legislation and the practice of its application. The scientific novelty of research is reflected in the acquisition of scientific knowledge required for development of legal regulation of the information sphere in the conditions of digitalization, among which are the original definition of the concepts “boundaries of exercising rights in the information sphere” and “restrictions of information rights and liberties”, obtained based on the conducted analysis of the forming public relations within information sphere and their legal regulation. The following conclusions were made: 1) there is absence of research on the issues of boundaries of rights, including boundaries in information law; 2) there is a need for determination of boundaries of exercising right in the information sphere and restriction of information rights and liberties in implementation of legal regulation, as well as consideration of the legal nature of technical norms in their inclusion into a normative legal act.

scholarly journals Legal regulation of trade-economic cooperation of Russia and Tajikistan: problems of theory and practice

2018 ◽  
pp. 136-138
Author(s):  
E. L. Simatova
Keyword(s):  
Foreign Investment ◽  
Panel Discussion ◽  
Economic Cooperation ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Investment Policy ◽  
Shanghai Cooperation Organization ◽  
Interstate Cooperation ◽  
Legal Norms ◽  
International Panel

The article gives an overview of the October 31, 2018 International panel discussion devoted to theoretical and practical problems of trade and economic cooperation legal regulation betweenRussiaandTajikistan. The event was held under the auspices of the Southern Institute of management (Krasnodar,Russia) and the Russian-Tajik (Slavic) University (Dushanbe,Tajikistan). Among the main issues of the discussion were the following: investment policy and protection and promotion of foreign investment; interstate cooperation within the framework of the Shanghai cooperation organization; prerequisites and prospects for the unification of legal norms in the field of obligations and proprietary relations; formation of antitrust rules to protect against unfair competition; development of common approaches to the General provisions and institutions of civil legislation and other topical issues of legal regulation of trade and economic cooperation between Russia and Tajikistan.

scholarly journals Development of contextual advertising in the conditions of network economy: relevant questions of legal theory and practice

2020 ◽  
pp. 12-29
Author(s):  
irina viktorovna ermakova
Keyword(s):  
Public Relations ◽  
Legal Theory ◽  
Legal Regulation ◽  
General Concept ◽  
Theory And Practice ◽  
Legal Norms ◽  
Legal Definition ◽  
Concept Definition ◽  
Contextual Advertising ◽  
Definition Of

The subject of this research is the legal norms aimed at legal regulation of relations in the field of contextual advertising on the Internet. The object of this research is the public relations emerging in the process of creation, placement and consumption of contextual advertising. The author examines such question as the general concept of advertising and its legal definition, as well as essence, characteristics and legal regulation of contextual advertising. Special attention is given to protection of exclusive rights with regards to means of individualization in the process of arrangement of contextual advertising using the keywords, including trademarks and commercial designations, as well as mechanism for the protection of an infringed right and liability the corresponding infringement. The novelty of this work consists in determination of the existing approaches of courts and the Federal Antimonopoly Service of the Russian Federation applicable to the concept, definition and relevant issues of legal regulation of contextual advertising, including the questions of infringement of exclusive rights for means of individualization in arrangement of contextual advertising, which ultimately resulted in development of original approach towards definition of the concept of “contextual advertising”. The author resumes and concludes on the need for legislative consolidation of legal definition of the concept of “contextual advertising” with an indication of corresponding formulation.

scholarly journals Law Protection for Tuak Tree (Borassus Sundaicus) in Kupang City of the West Timor Island, East Nusa Tenggara Province, Indonesia

2019 ◽  
Vol 11 (2) ◽  
pp. 55
Author(s):  
Jimmy Pello ◽  
Apolonia Diana Sherly da Costa
Keyword(s):  
Open Space ◽  
Legal Protection ◽  
Legal Regulation ◽  
Natural Resistance ◽  
Distribution Area ◽  
The West ◽  
Legal Norms ◽  
West Timor

Lontar tree is one of the biological resources that ecologically has a wide and varied distribution. From the description of Beccari (1913), palm leaves which are growing in Indonesia are Borassus Sundaicus. Lontar tree is a dry land resistant plant that has a wide spread, grows in several areas in Indonesia such as in the eastern part of Java Province (i.e. Madura), Bali, West Nusa Tenggara Province, and East Nusa Tenggara Province (Nusa Tenggara Timur or NTT). NTT is a natural distribution area of ​​palm oil, namely on Timor Island, Flores, Sumba, Savu, Rote and other Islands including in the West Timor Island (Kupang City). For the people in Kupang City, lontar tree is more familiar with the term Tuak tree (Timor’s language) or Palm Tree. Tuak tree has benefits for the culture, social, health and economy of the community. However, with various benefits, of course there are problems, namely the existence of threats to the sustainability of its existence. The development in Kupang City has converted the land where Tuak trees are grown for the benefit of government offices, the private sector, residential settlements, the economy, and other public facilities. The threat to the preservation of Tuak trees is also seen in the mindset of local governments and communities who hold firmly a perspective that the Tuak tree is very difficult to be cultivated by the community because it has a natural resistance to its life. The result has been patterned in the community, that the Tuak tree can grow without being planted and mantained. From a legal standpoint, the regional legal norms seem to support the act of transferring the land of the existence of the Tuak tree, even though, the Indonesian national environmental law explicitly instructs legal regulations to take into account the interests of environmental sustainability. The purpose and contribution of this research is to analyze the readiness of regional legal arrangements regarding Green Open Space related to the protection of the carrying capacity of the Tuak tree in its conservation. The contribution of this study as a basis for the consideration of the Indonesian government and the community in planning the establishment of regional laws to support the protection of the Tuak tree in NTT, especially in Kupang City, as well as further research material in the area. This research method was designed as normative and empirical legal research. The normative direction questions the legal regulation aspect from a juridical technical point of view (Dutsch: Tecnischjuridisch begrippen) and also in the realm of legal theory the question of the concept of legal protection for the Tuak tree is questioned. In strengthening conceptual aspects, an empirical legal thinking is inputted to strengthen the conceptual analysis of legal norms. This study uses the Statue approach, Conceptual approach and Case approach. The sources of legal material are in the form of primary and secondary legal materials. The aspects that were studied are the provisions of conservation law related to tree management and protection in order to protect the green open space in Kupang City, where the legal provisions governing follow-up products from the Indonesian national and regional management, determination of Indonesian regional policies relating to management, cultivation, conservation of the Tuak trees and determination of programs related to the conservation of the Tuak trees, which are associated with protection planning policies, conversion of crop land, protection of local food, other follow-up products from palm wine stems and leaves. The results of the study show that the norms in the Kupang City’s Regulation Number. 7 Year 2000 concerning the Green Open Space contain more spatial concepts than the green concept of the existence of the Tuak tree as a biological resource. The word "green" refers to trees or plants that live and grow in Kupang City, but in its implementation, the Indonesian regional law dominates these regulations which are supported by an Indonesian policy that always changes due to a pressure on land requirements for development in Kupang City. The regional legal planning for the law protection of the Tuak tree in Kupang City has not received serious attention yet from the Indonesian regional legislative and executive councils. The legal plan for the protection of the Tuak tree is supposed to be carried out under conditions where the population of the Tuak tree has not been disturbed naturally through its management various development interests in Kupang City, in the West Timor Island, East Nusa Tenggara Province, Indonesia.

Characteristics of Legislation on Legal Relations of Information Dissemination

2020 ◽  
pp. 18-23
Keyword(s):  
Social Relations ◽  
Information Dissemination ◽  
Legal Regulation ◽  
Legal Scholarship ◽  
Legal Norms

Information and telecommunication technologies have radically changed all social relations. This required corresponding changes in the information legislation. System of legal norms regulating information relations has been updated and increased. However, this changes did not improve legal regulation of information relations. Scientists emphasize that imperfection of information legislation depends on inadequacy of legal norms. Legal scholarship discover different defects of legal norms: antilogy, deficiency of law, inadequacy in logic, duplications and declarativity of norms. Legislation on information dissemination is also characterized by these defects. They entailed problems of application by the courts. Scientific immaturity of legal regulation of information relations is noted. The necessity for creating special legal act, which will regulate relations on information dissemination, is justified.

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