scholarly journals LAW AS A VALUE, VALUES IN LAW (PART TWO)

2021 ◽  
Vol 1 (91) ◽  
pp. 69-79
Author(s):  
Aleksandrs Baikovs
Keyword(s):  
Legal Culture ◽  
Legal Regulation ◽  
Legal Order ◽  
Legal Consciousness ◽  
Apparent Lack ◽  
A Value ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Fundamental Values

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.

scholarly journals THE LAW AS VALUE

2019 ◽  
Vol 3 (88) ◽  
pp. 208
Author(s):  
Aleksandrs Baikovs
Keyword(s):  
Legal Aspect ◽  
Semantic Content ◽  
Research Literature ◽  
Apparent Lack ◽  
A Value ◽  
The Subject ◽  
The Difference ◽  
The One ◽  
The Right ◽  
Fundamental Values

The paper deals with the category of “values”, the right as a value, and fundamental values of law; including freedom, justice, and equality are analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of right and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the legal consciousness’s formation and establishing a legal order, ensuring the efficiency of legal regulations due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of the rules of law, the rules of law themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.In this regard, the role and importance of rights and of the abovestated legal values, including the historically-legal aspect, their historical conditionality are disclosed, the semantic content and the importance in the establishment of the legitimacy regime are analyzed, the points of view expressed in the  research literature on the nature of legal values, signs, hierarchy,  the role in social and normative regulation are considered, the difference between value and the object of value or good is emphasized.

scholarly journals The spirit of the law versus the letter of the law: the nature of correlation

2021 ◽  
Vol 5 (2) ◽  
pp. 5-15
Author(s):  
V. V. Sorokin
Keyword(s):  
Legal Regulation ◽  
Spiritual Health ◽  
Legal Consciousness ◽  
Legal Practice ◽  
Legal Process ◽  
Scope Of Application ◽  
The Subject ◽  
The Law ◽  
Positivist Approach ◽  
Selection Of

The subject of the research is the categories “the spirit of the law” and “the letter of the law” in their regulatory sense.The purpose of the research is to confirm or disprove hypothesis that the concept of “the spirit of the law” fundamentally impacts the methodology of legal research, legal con-sciousness and the mechanism of legal regulation.The methodology for researching the spirit of the law presupposes an adequate selection of means of knowledge. It is impossible to study the spirit of the law with the tools of ma-terialism or economic determinism. The spiritual-moral, axiological, metaphysical, systemic methods and the method of synthesis are preferred for the study of the spirit of the law. The legal system of society ceases to meet the elementary requirements of the formation of a person's legal consciousness, his improvement and spiritual health when the spirit of the law is denied. It is generally impossible to understand how law functions and achieves a regulatory effect using the dogmatic, positivist approach to law as a dominant method of cognition.The main results, scope of application. The problem of the operation of the spirit of the law is one of the ignored problems of legal practice. If the legal act is at odds with the spirit of the law, the law enforcer faces a difficult choice: either morality or law. This dilemma is fraught with serious conflicts both in the mental, psychological sphere of the law enforce-ment officer himself, and between all participants in the legal process. Every person has an internal imbalance if he makes decisions and performs actions that are contrary to his con-science. Jurisprudence, which adequately perceives the subordination between the spirit of the law and the letter of the law, warns against the temptation to consider law as a sphere independent of spiritual absolutes. The current law is not exactly what is set out in the texts of regulatory acts. Distinguishing between the spirit of the law and the letter of the law, therefore, requires special types of interpretation of texts (broad, restrictive), as well as analogies of legislation and analogies of law.

scholarly journals WAREHOUSE STORAGE OF GRAIN CONTRACT: ITS CONCEPT AND SPECIFICS

2020 ◽  
pp. 71-75
Author(s):  
I. Iakubovych
Keyword(s):  
Legal Regulation ◽  
Raw Material ◽  
Grain Storage ◽  
Legal Nature ◽  
Provision Of Services ◽  
Warehouse Storage ◽  
The Subject ◽  
The Law ◽  
Grain Market ◽  
The One

The Law of Ukraine "On Grain and the Grain Market in Ukraine" of 4 July 2002 defines grain as the fruits of cereals, legumes and oilseeds used for food, seed, fodder and technical purposes. Peculiarities of grain as a valuable agricultural raw material determine the peculiarities of its storage, which affects the specifics of legal regulation in this area. The article clarifies the characteristics of a grain storage contract, substantiates the list of its essential conditions, examines the legal nature and features of grain storage documents, identifies shortcomings in the legal regulation and execution of grain storage contracts, and substantiates proposals to eliminate them. It is established that the legal nature of the contract of warehouse storage of grain is manifested in the following: it is a contract for the provision of services; it is a public contract; it is a written contract; it is a bilateral contract; as a rule, it is a retaliatory contract; it is a fixed-term contract; it is a real contract; concluded in a special order; it is a contract of accession. The article proves that the essential terms of the grain storage contract are: the subject matter of the contract (grain storage services with preservation of its quality and prevention of losses above natural); the object of the contract (grain of a certain type, class, quantity, which is defined in the contract of grain storage); the term of the contract (with an indication of a certain period of time or without specifying the one that determines the validity of the contract to the first claim of the pledgor). In order to simplify the circulation of grain storage documents and reduce the level of abuse in the grain market, it is proposed to amend Article 961 of the Civil Code of Ukraine, the Law of Ukraine "On Grain and Grain Market in Ukraine" and the Law of Ukraine "On Certified Warehouses and Simple and Double Warehouse Certificates" in order to provide the legal possibility of issuing warehouse certificates in electronic form. Keywords: a double warehouse certificate; grain; grain storage; a grain storage contract; grain storage documents; a simple warehouse certificate; a warehouse receipt.

scholarly journals Some general theoretical, technical and legal aspects of the legal culture of the penal legislation

2019 ◽  
Vol 13 (1) ◽  
pp. 96-102
Author(s):  
V. V. Karpunina ◽  
Keyword(s):  
Social Relations ◽  
Legal Culture ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Coherent System ◽  
Legal Norms ◽  
A Value ◽  
Qualitative State ◽  
The Subject ◽  
Legal Technology

The subject of the research in the article is the legal culture of the penal legislation as a value socio-legal phenomenon. The author identifies the features and shortcomings of the legal culture of the penal legislation on the basis of general theoretical and technicallegal analysis. A general theoretical study of the legal culture of legislation makes it possible to consider it in close connection with the system of legal values and the objectives of the legal regulation of social relations. The concept of “legal culture of the penal legislation” reflects the value slice of the functioning of the relevant branch of law. Legal technology allows you to see the inner, deep essence of the legal culture of legislation, identify existing defects and identify ways to correct them. The qualitative state of the legal culture of the penal legislation depends on the technical and legal level of perfection of legal norms and their ability to achieve social goals. Technical and legal tools of the penal legislation have a set of qualities that are due to the nature of legal technology as a technique of social and legal regulation. To increase the technical and legal level of the legal culture it is necessary to fix a coherent system of legal procedures for the execution of criminal sentences in the penal code; exclusion of certain norms that do not correspond to the existing socio-economic conditions and do not contribute to the achievement of the goal of the penal legislation. The conclusions and generalizations formulated in the article can be used in the process of preparing proposals aimed at improving the existing legal policy in the field of the execution of criminal sentences.

scholarly journals Some issues of improving the rule and order in the light of the problem of implementing the initial norms (on the example of the norms of penal law)

2019 ◽  
Vol 13 (2) ◽  
pp. 186-192
Author(s):  
E. V. Svinin ◽  
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Legal Practice ◽  
Law And Order ◽  
Social Efficiency ◽  
Penal Law ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Primary Form

The subject of research is social relations in the field of improving the law and order. The purpose of the study is to provide a general theoretical analysis of the characteristics of the implementation of initial norms for the development of proposals for improving the law and order. In legal science there is an ambivalent attitude towards the initial norms: on the one hand they are recognized as fundamental for the organization of the system of legal regulation. On the other hand the forms of implementing the initial norms are practically not studied. Applied value for the improvement of legal regulation and the state of the rule of law is minimal. The lack of scientific knowledge in the field of the implementation of the initial norms indicates the incompleteness of the particular theory of right-realization. The study of this problem will make it possible to intensify the efforts of scientists in the scientific understanding of the system of legal regulation, the effectiveness of law and order. The implementation of the initial norms is two-level in nature: the primary form of implementation are the norms – behavior rules and their complexes (institutions and industries), secondary (subsequent) – is legal practice which allows to comprehensively assess the legal and social results of legal regulation. Low social efficiency the contradiction between the legal and social results of legal regulation indicate that legal practice is not a form of implementation, but a violation of initial norms. Lawful practice acquires socially destructive features, which makes it necessary to improve the law and order by amending legislation. The findings of the study can be used in studying the problem of the effectiveness of legal regulation, the development of measures to improve the criminal and penal policy.

scholarly journals Funkcje mediacyjne realizowane przez mediatora w trakcie mediacji. Wybrane zagadnienia

2018 ◽  
Vol 27 (3) ◽  
pp. 73
Author(s):  
Marzena Myślińska
Keyword(s):  
Legal Regulation ◽  
Professional Role ◽  
Legal Order ◽  
Mediation Process ◽  
Legal Relationship ◽  
The Social ◽  
Key Issues ◽  
The Subject ◽  
The Impact

<p>The subject of this article is the analysis of the activity undertaken during mediation in the context of the characteristics of the mediation process and the normative conditions of the legal relationship and disputes resolved through this form of ADR. In order to implement the project, the content of the work will contain a list of functions performed by the mediator during mediation as ‘the environment for performing the role’ (which is not closed due to the dynamics of interaction in the negotiations). Their character and content determine the nature of the social and professional role of mediators in the Polish legal order, it also allows us to illustrate in detail the key issues for reflection on the professional role, including, for example, legal liability and conflict of roles. Mediation functions are diversified in terms of the frequency of their implementation depending, among other things, on the strategy of conducting mediation, the specificity of the dispute and the legal regulation of mediation. The discussion of the last of the indicated differentiating factors (i.e. the impact of universally binding law) will be reflected in the content of the paper.</p>

scholarly journals Nemzetközi kitekintés az első szakképzési törvény korszakáról

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
István Lükő
Keyword(s):  
Legal Regulation ◽  
The Political ◽  
Training Centre ◽  
25Th Anniversary ◽  
International Dimension ◽  
Political Events ◽  
New Directions ◽  
The Law ◽  
The Government ◽  
The One

A cikk a szakképzési törvény megjelenésének 25. évfordulója alkalmából rendezett „25 éves a szakképzési törvény - Korszakos változások - új irányok” című konferencia előadása alapján készült, amelyet a szerző vezette Az első szakképzési törvény gazdasági- társadalmi környezete nemzetközi kitekintésbe című Panel keretében tartott.Ez a negyedszázados esemény a társadalmi-gazdasági szinten zajló rendszerváltás fontos része volt a másik két oktatási alrendszer törvényi szabályozásával együtt.Az írás ezt a korszakot, illetve a törvényhez kapcsolódó gazdasági-társadalmi környezetet mutatja be nemzetközi kontextusban.A téma elvi-elméleti felvezetéseként a szerző áttekinti a különböző szempontok és léptékek szerinti szakképzési modelleket, amelyek a világban fellelhetők. The government formed after the political events in 1989 considered the comprehensive transformation of the educational system, primarily by legal regulation, as one of their main tasks. After years of preparation, the three acts on education were passed in 1993, including the Act on VET. Several documents, e.g. the National Qualification Registry, are connected to this law; in this article I have undertaken to examine these connections and to make comparisons to other countries. On the occasion of the 25th anniversary of the law taking effect, on May 5th 2018 the Hungarian Association for Pedagogy and the Teacher Training Centre of the BME organized a monumental conference titled The Law on VET becomes 25 years old – Epochal changes – new directions in Budapest at the BME. After the plenary sessions, five panels were held – I was the moderator of the one titled: The socio-economic environment of the first VET act in an international dimension, and I held a short lecture here with a similar title. 

scholarly journals XXV.—On the Influence of Weather upon Disease and Mortality

1863 ◽  
Vol 23 (2) ◽  
pp. 299-348 ◽  
Author(s):  
R. E. Scoresby-Jackson
Keyword(s):  
External Force ◽  
The State ◽  
Medical Sciences ◽  
A Value ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
To Receive

The subject to which I have to invite the attention of the Society this evening is one of no modern origin, the name of Hippocrates, amongst others of the fathers of medicine, being commonly associated with it. There is, indeed, perhaps no branch of medical inquiry whose history dips more deeply into the obscure pages of antiquity. The influence of weather upon disease and mortality has been acknowledged as a potent external force in every age, from that eminently speculative and credulous period when physicians professed to receive their diagnostic as well as their therapeutic inspirations from the stars, down to our own day. And yet there is perhaps no question in the whole cycle of medical sciences which has made slower progress than the one we have now to consider. People believe that the weather affects them. They speak of its influence, sometimes commendingly, more frequently with censure, on the most trivial occasions; but beyond a few commonplace ideas, the result of careless observation, or perhaps acquired only traditionally, they seldom seek a closer acquaintance with the subject. Our language teems with medico-meteorological apophthegms, but they are notoriously vague. The words which are most commonly employed to signify the state of the weather at any given time, possess a value relative only to the sensations of the individual uttering them. The general and convertible terms—bitter, raw, cold, severe, bleak, inclement, or fine and bracing, convey no definite idea of the condition of the weather; nay, it is quite possible that we may hear these several expressions used by different persons with reference to the weather of one and the same place and point of time. In order, then, to render medico-meteorological researches more trustworthy, we must be careful to employ, in the expression of facts, such symbols only as have a corresponding value in every nation.

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.

Renewal of the Land Lease Agreement: Problems of Theory and Judicial Practice

2020 ◽  
Vol 27 (3) ◽  
pp. 48-62
Author(s):  
Vitalii Urkevych
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Structural Method ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
Important Object ◽  
And Performance ◽  
Lease Agreement

Land is the most important object of the environment. It is an indispensable means of production in agriculture, the territorial basis for the location of various objects. It is argued that the proper functioning of land lease relations is a guarantee of sustainable economic circulation, a guarantee of the exercise of rights and performance of duties by both the lessor and the lessee of the land. The issue of renewal of the land lease agreement after its expiration is debatable. The purpose of the study is to outline the existing theoretical and law enforcement problems regarding the renewal of the land lease agreement, to make proposals to eliminate the latter. To achieve this purpose, a system-structural method of scientific knowledge was used, which helped analyse the prescriptions of the legislation on renewal of the land lease agreement, their relations and interaction were highlighted. The study proves that the lessee's pre-emptive right exists to renew the land lease agreement only for the same period and on the same terms and in the absence of objections to such renewal by the lessor. If the lessee tries to change the essential terms of the land lease agreement and in the absence of the lessor's consent to such changes, the lessee's pre-emptive right to enter into a land lease agreement for a new term is terminated. It is emphasised that in each dispute it is necessary to establish the good faith of the lessor’s actions to refuse to renew the land lease agreement with one person (lessee) and the subsequent conclusion of the agreement with the new lessee. The use of the category of "less protected" party in land lease legal relations appears debatable, because depending on the subject composition of the parties to these legal relations, such a party can be both a lessee and a lessor. It is concluded that the Supreme Court should unify the practice of applying the provisions of the law on the renewal of the land lease agreement (only in combination with other regulations or autonomously, with the use of the principle of "tacit consent"). The possibility of autonomous application of such instructions is indicated by the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Counteraction to Raiding”. The revealed shortcomings of the legal regulation of the renewal of the land lease agreement after its expiration indicate the directions of improvement of the legislation in land lease, which has practical significance

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