scholarly journals Coercion Factor in the Context of "Soft Law"

Lex Russica ◽  
2019 ◽  
pp. 56-67
Author(s):  
A. V. Demin ◽  
S. E. Groysman
Keyword(s):  
Law Enforcement ◽  
Social Interactions ◽  
Regulatory System ◽  
Soft Law ◽  
Law Enforcement Agencies ◽  
Public Power ◽  
General Rules ◽  
State Coercion ◽  
Per Se ◽  
Legal Consequences

The authors raise issues concerning the factors that determine compliance with the acts of “soft law” by participants of social interactions. At the same time, soft law is defined as a set of formalized general rules (norms, principles, criteria, standards) that do not have a legally binding nature, are not provided with official sanctions and are observed voluntarily due to the authority of their makers, the interest of the addressees and targeted social “pressure” that is put by the community on potential (and actual) violators. A key issue that arises in the context of “soft law” is whether law can exist without state coercion? If soft law is not secured by sanctions of a public-power nature, how is its binding character (validity) maintained? Is state coercion — in the form of direct violence or its threat — an attribute of a legal norm? The inclusion (or non-inclusion) of “soft law” norms in national legal systems, their application by courts and other law enforcement bodies, the authority and attractiveness of soft law as a regulatory system, etc., depend on the solution of these questions. Acts of “soft law” formally do not belong to the sources of law, do not contain legally binding provisions backed by state sanctions, but have some legal significance (sometimes essential) and sometimes — legal consequences. Ultimately, the authors conclude that by its nature, “soft law” per se is not legally binding, but the facts of universal recognition and application (primarily by the courts and other law enforcement agencies) give soft law instruments de facto binding character.

scholarly journals THE IDEA OF LAW AS AN UNKNOWN PHENOMENON OF LAW ENFORCEMENT

2019 ◽  
Vol 29 (4) ◽  
pp. 522-529
Author(s):  
O.A. Puchkov
Keyword(s):  
Law Enforcement ◽  
Individual Rights ◽  
Law Enforcement Agencies ◽  
Application Of Law ◽  
Judicial Decisions ◽  
Positive Law ◽  
Personal Rights ◽  
Constitutional Justice ◽  
Per Se ◽  
Post War

The article is devoted to the concepts of the idea of law and law enforcement. The author justifies the idea that the application of law should be based on the idea of law. Modern trends in law enforcement convince that since the post-war period, law enforcement agencies (and, above all, the courts) increasingly make decisions and sentences not only on the basis of the norms of positive law, but also guided by the norms of morality, ethics, principles of respect for individual rights and freedoms. The idea of law is a concept in which the imperative is expressed in a concentrated form, implying the observance of personal rights and freedoms, morals and ethics, etc., by state bodies. The influence of the idea of law on law enforcement can give the latter properties that correspond to the modern ideas of justice and morality of law. On the basis of the analysis of acts of constitutional justice and judicial precedents, the author proves that judicial decisions and other law-enforcement acts, adopted under the influence of the idea of law, acquire new qualities that allow them to dynamically exert a positive legal impact. As a result, the acts of law enforcement can be considered as a law per se.

The Discrediting Factor in the Legal Responsibility Implementation Mechanism: General Theoretical Aspect

2021 ◽  
Author(s):  
S.M. Vorobyev ◽  
◽  
I.A. Kusmin ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Theory ◽  
Negative Impact ◽  
Theoretical Aspect ◽  
Analytical Description ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Law Enforcement Agencies ◽  
Public Power ◽  
The Social

The purpose of this study is a general theoretical characterization of the discrediting factor in the mechanism of legal liability implementation. The authors indicate the negative impact of discrediting on the effectiveness of legal liability and, in general, the work of bodies and officials in bringing to justice and its implementation. Specific forms (manifestations) of discredit are named, and their analytical description is given in relation to the subject of study. The necessity of countering discrediting at various stages of the dynamics of responsibility, including law-making and subsequent law enforcement activities, is justified. The relationship between the quality of the general legal theory of legal responsibility and the interdisciplinary methodology is indicated. It is proposed to develop a scientific and legal strategy to expand the research tools for understanding the social and legal reality that develops around the organization and implementation of activities for the assignment of legal responsibility. Based on the specifics of the discrediting effect, the article discloses the specifics of the discrediting factor in relation to the system of law enforcement agencies directly involved in the mechanism of implementing legal liability. The authors use statistical data indicating the level of trust in the institutions of public power, taking into account the discrediting influence exerted on them, and formulate the basic guidelines for the intensification of a comprehensive fight against discredit in the mechanism of legal liability implementation.

scholarly journals Computer crimes on the COVID-19 scene: analysis of social, legal, and criminal threats

2020 ◽  
Vol 38 (Especial) ◽  
pp. 463-472
Author(s):  
Alexandra Yuryevna Bokovnya ◽  
Zarina Ilduzovna Khisamova ◽  
Ildar Rustamovich Begishev ◽  
Elvira Yuryevna Latypova ◽  
Elena Vladimirovna Nechaeva
Keyword(s):  
Law Enforcement ◽  
World Health ◽  
Remote Work ◽  
Law Enforcement Agencies ◽  
The World ◽  
Coronavirus Infection ◽  
Computer Crimes ◽  
Health Organization ◽  
Security Standards ◽  
Legal Consequences

In January 2020, the World Health Organization announced an outbreak of SARS-CoV2, which caused COVID-19 coronavirus disease. Soon, a continuous outbreak of coronavirus infection was declared a pandemic. This situation has led to an increase in cybercrime. Cybercriminals did not stray from the situation and used the pandemic to commit various digital frauds and cyberattacks. As a result, the objective of the investigation was to analyze computer crimes at the COVID-19 scene and identify their social and legal consequences. This is a documentary-based investigation. It is concluded that, security standards have deteriorated in the context of forty social as many organizations were not prepared for remote work and the number of victims of cybercrime will only grow soon. International organizations and law enforcement agencies in many countries issue many recommendations to prevent digital criminal acts against businesses and citizens. This situation also prompted active legislation around the world to deal with the crisis. Most of the rules adopted in recent months are likely to be derogated.

scholarly journals SOME LEGAL ASPECTS OF REGULATING OF RELATIONS ARISING IN THE USE OF POST-GENOMIC TECHNOLOGIES

2020 ◽  
pp. 108-113
Author(s):  
V. G. Dyakov
Keyword(s):  
Law Enforcement ◽  
Human Life ◽  
Genetic Research ◽  
Genetic Data ◽  
Legal Aspects ◽  
Genome Research ◽  
Law Enforcement Agencies ◽  
Public And Private ◽  
Genomic Technologies ◽  
Legal Consequences

The current level of scientifi c knowledge and understanding of the genome, as well as the level of human computational capabilities, form new, so-called «post-genomic technologies» for genome research. The results of such studies can be used in diff erent areas of human life and society, for example in criminology, including solving crimes. And there may be both positive and negative legal consequences. Genetic research is an extremely useful tool for crime investigation. But it is still unclear to what extent law enforcement agencies should be able to obtain genetic data stored in public and private databases, and how this may aff ect human rights in the future.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.

THE ROLE OF LAW ENFORCEMENT AGENCIES IN ENSURING THE PRINCIPLE OF LEGALITY DURING THE GREAT PATRIOTIC WAR

2020 ◽  
Author(s):  
Ruslan Ahmedov ◽  
Yuliya Ivanova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
75Th Anniversary ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Soviet People ◽  
Great Patriotic War ◽  
Principle Of Legality

In 2020, the 75th anniversary of the Victory of the soviet people is celebrated over fascism. An important role in achieving this result in the conditions law enforcement officers also provided wartime assistance. The main purpose of their professional activities was to ensure the implementation of principles of legality.

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