scholarly journals Interest and Need: Critical Look at their Identification in Russian Law

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 91-105
Author(s):  
A. G. Malinova
Keyword(s):  
Law Enforcement ◽  
Legal Theory ◽  
Well Being ◽  
Point Of View ◽  
Equal Sign ◽  
Direct Identification ◽  
Legal Concept ◽  
Psychology And Law ◽  
Russian Law ◽  
Definition Of

Based on a critical analysis of the doctrinal definitions of the concept of "interest" in sociology, psychology, and law, it is concluded that the prevailing point of view in modern Russian legal theory, i.e. "interest is a conscious need to satisfy a need", is wrongly absolutized. Excessive psychologization of modern legal definitions of interest leads to a direct identification of interests with needs, puts an equal sign between these far from close concepts. It is shown that the widespread use of psychological terminology in legal definitions of interest (In particular, the terms "awareness" and "comprehension"), does not bring any "freshness" in legal knowledge about interests. The vast majority of phenomena, objects, and events in everyday and scientific speech are not considered to be conscious, since the awareness of these phenomena is self-evident. The doctrinal definitions of interests that exist in legal science and highlight their "awareness" as the main feature are practically unsuitable for law enforcement. The author substantiates the conclusion that the widely used legal concept of "interest" needs to be freed from the excessive psychologization of its many meanings, which will, in turn, free itself from the understanding of a conscious need as the only reason for the emergence of interest. It is suggested that the definition of "interest" should be formulated not on specific types or often synonymous meanings of this concept, but on generalizations of a higher order — such as could organically include all currently existing definitions of interest. Only universals can do this. And such a universal is the concept of "well-being".

scholarly journals Philosophy of a “Good Death” in Small Animals and Consequences for Euthanasia in Animal Law and Veterinary Practice

Animals ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 124 ◽  
Author(s):  
Kirsten Persson ◽  
Felicitas Selter ◽  
Gerald Neitzke ◽  
Peter Kunzmann
Keyword(s):  
Small Animal ◽  
Well Being ◽  
Point Of View ◽  
Good Death ◽  
Moral Stress ◽  
Veterinary Practice ◽  
Ethical Point ◽  
Personal Morality ◽  
Narrow Definition ◽  
Definition Of

Moral stress is a major concern in veterinary practice. Often, it is associated with the challenges in end-of-life situations. Euthanasia, however, is also meant to bring relief to animal patients and their owners. The reasons for the moral strain euthanizing animals causes to professional veterinarians need to be further clarified. This article investigates “euthanasia” from a philosophical, legal, and practical perspective. After introducing relevant aspects of euthanasia in small animal practice, the term is analyzed from an ethical point of view. That includes both a broad and a narrow definition of “euthanasia” and underlying assumptions regarding different accounts of animal death and well-being. Then, legal and soft regulations are discussed with regard to the theoretical aspects and practical challenges, also including questions of personal morality. It is argued that the importance of ethical definitions and assumptions concerning euthanasia and their intertwinement with both law and practical challenges should not be neglected. The conclusion is that veterinarians should clarify the reasons for their potential discomfort and that they should be supported by improved decision-making tools, by implementation of theoretical and practical ethics in veterinary education, and by updated animal welfare legislation.

scholarly journals Legal status of a law enforcement official of Mongolia

2021 ◽  
Vol 2021 (4) ◽  
pp. 172-180
Author(s):  
Nyamsuren Erdenebulgan
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Administrative Law ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Enforcement Official ◽  
Legal Situation ◽  
Special Service ◽  
Wide Range ◽  
Definition Of

The author highlights the issues related to the essence and implementation of the legal status of a law enforcement official. These issues are the focus of attention of scientists (primarily specialists in administrative law), legislators, civil society, as well as of the employees themselves. The terms «legal status» and «legal situation» are analysed in details. The issues related to the definition of the legal status of a law enforcement official of Mongolia are considered. The author presents a wide range of opinions of lawyers on the content of the concept of «legal status of a law enforcement official», gives various classifications of the term of legal status, and presents his vision of this problem and its solution with regard to law enforcement agencies of Mongolia. The author agrees with the point of view of those specialists who point out that the specificity of the legal status of a law enforcement official, his rights and duties, requires adopting other components, such as responsibility, which are quite justified. The author also underlines that there is almost no mention of the key-concept «a law enforcement official» in Mongolian legislation. This led to a conclusion that this concept should be legalized before being considered in details. The research also briefly discusses the main results of the extensive work on reforming police in 2011–2015. The author notes that the absolute following the example of Western countries was not appropriate. Thus, the author criticizes some aspects of the transition of the police from a special service to a public one, for example, the procedure for assigning special ranks by positions held, which led to an outflow of specialists from the law enforcement sphere to other areas. The author concludes that legally fixed features characterizing the legal status of a law enforcement official are far from exhaustive and require further rethinking, research, improvement in law-making and law enforcement.

scholarly journals Administrative penology: the issues of legal theory

2021 ◽  
Vol 5 (1) ◽  
pp. 202-211
Author(s):  
S. N. Shaklein
Keyword(s):  
Law Enforcement ◽  
Moral Education ◽  
Deviant Behavior ◽  
Legal Theory ◽  
Point Of View ◽  
Final Decision ◽  
Administrative Punishment ◽  
The Subject ◽  
And Behavior ◽  
The Impact

The subject. The article is devoted to the analysis of the effectiveness of administrative punishment enforced to persons with deviant behavior of an immoral orientation, and the development of proposals for improving the effectiveness of administrative punishment from a penological point of view. The subject of the research is administrative punishment and the legally fixed type and limits of administrative-tort sanctions, which allow administrative jurisdiction bodies and courts to enforce a specific type and measure of administrative punishment aimed at forming the legality of the behavior of an administrative delinquent. The purpose of the article is to confirm or disprove hypothesis that increasing the effectiveness of administrative punishment will significantly reduce the repetition of administrative offenses due to the educational impact on the consciousness and behavior of administrative delinquents, their moral education. The author analyzes the effectiveness of administrative fine by the repetition of administrative offenses (on all-Russian and regional statistics) and develops proposals for improving the effectiveness of administrative punishment. The methodology. The results of this research were achieved through the use of general scientific methods in the framework of observation, comparative, logical interpretation of legal acts, statistical analysis as well as through the analysis of law enforcement practice. The main results. The analysis of law enforcement practice has shown the ineffectiveness of the administrative punishment imposed on persons with deviant behavior of an immoral orientation. In this regard, the author suggests penological conditions for improving the effectiveness of rule-making and law enforcement practice, points out the need to ensure interaction and cohesion of jurisprudence, sociology of law and legal psychology, methods of persuasion and coercion in the development and application of administrative sanctions measures. It provides maximum flexibility of the final decision, the possibility of taking into account legal, social, psychological, economic and other nuances of the case in order to maximize the impact on the consciousness and behavior of a person for his subsequent correction and re-education, the formation of a persistent habit of lawful behavior. The author also proposes to provide for administrative liability for failure to comply with official warnings about the inadmissibility of actions creating conditions for commission of crimes, of administrative offences or of the inadmissibility of the continuation of antisocial behavior. Conclusions. The issues of increasing the effectiveness of the appointment and execution of administrative punishment need increased attention of the state and urgently require a targeted approach to punishment first of all. 

scholarly journals Constitutional legal mechanism of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen in Russian Federation

2016 ◽  
Vol 3 (2) ◽  
pp. 106-111
Author(s):  
I A Alzheev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Point Of View ◽  
Law And Order ◽  
Social Tension ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Legal Mechanism ◽  
Coordination Activity

In article questions of realization of constitutional and legal bases of bodies of prosecutor’s office of the Russian Federation for law enforcement and a law and order, protection of the rights and freedoms of the person and citizen are considered. According to the author there was now an unsatisfactory situation in the sphere of the rights and freedoms of the person and citizen, increases the number of violations of the rights and freedoms that leads to increase in social tension and loss of trust of the population to all structures of the government. In this connection in article improvement of mechanisms of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen is proved by need of definition of coordination activity of prosecutor’s office, from the point of view of her potential and a role in fight against crime also.

scholarly journals Halal entrepreneurship from Maqasid-al-Sharia’h perspective: inseparable concept for Halalpreneurs

Food Research ◽  
2020 ◽  
Vol 4 (S1) ◽  
pp. 34-42 ◽  
Author(s):  
M.A. Abdullah ◽  
M.S.E. Azam
Keyword(s):  
Well Being ◽  
Point Of View ◽  
Research Papers ◽  
Proper Understanding ◽  
The Past ◽  
Muslim Countries ◽  
Wide Range ◽  
The World ◽  
Definition Of ◽  
Conference Papers

Entrepreneurship has become one of the vital activities for economic development. It is synonymous with job creation, innovation, improvement in the societal well-being and economic growth in developed and developing countries alike. There is great interest in entrepreneurship globally as well as in Malaysia. Over the past few years, many individuals, as well as families, are actively engaged with the small business. Also, in light of the 2013 GEM study, 12.7% of Americans are effectively occupied with beginning a business or are the proprietor/director of a business that is under three years of age. Simultaneously, the Halal industry, that represents the global Islamic economy, is the fastest-growing market in the world with $2.3 trillion market value. Halal entrepreneurs (Halalpreneurs) are the major contributors to this achievement as they constitute a significant portion of the total establishment in most of the Muslim countries. That is the reason Entrepreneurship has turned into a conventional term that depicts a wide range of practices that include being innovative, devilish and tricky. Entrepreneurship has been defined by many scholars, researchers, industry players, and academicians globally which have also been perceived in the same way by most of the economies around the world. However, the Islamic economy looks at the concept of ‘entrepreneurship’ in a different way and perceives it as ‘Halalpreneurship’. To define entrepreneurship in the halal industry, although, the term ‘Halalpreneurship’ is being used, surprisingly the term has not been defined properly yet. It is essential for the Muslim entrepreneurs to have a proper understanding of Halalpreneurship from Maqasid-al-Shariah perspective. Such point of view is crucial to justify the term in the Halal industry and differentiate from conventional entrepreneurs. On this context, this paper provides concept and definition of Halalpreneurship justifying from the perspective of Maqasid-al-Sharia’h. It also identifies the differences between Halalpreneurs and entrepreneurs using secondary resources available in the forms of literature, research papers, journal papers, articles, conference papers, online publications, etc. The findings of the study will clarify the concept of Halalpreneurship from Maqasid-al-Sharia’h perspective and recognize Halalpreneurs distinguished from conventional entrepreneurs.

Qualification Errors: Nature, Patterns, Types, Consequences

2020 ◽  
Vol 2 (1) ◽  
pp. 162-188
Author(s):  
V. K. Andrianov ◽  
Keyword(s):  
Law Enforcement ◽  
Theoretical Basis ◽  
Legal Theory ◽  
Good Reason ◽  
Social Consequences ◽  
Point Of View ◽  
Natural Phenomenon ◽  
General Description ◽  
Russian Scientific ◽  
Judicial Errors

Introduction. The need to study qualification errors is based on the fact that they are not accidental at all, but a completely natural phenomenon. It should be understood that any human activity, especially one related to cognition, carries with it the risk of error (“еrrаrе humanum est” – “to err is human”). Therefore, from a social point of view, it is quite natural that qualification errors were made in the past, take place in the present and, unfortunately, are inevitable in the future. On the other hand, since the errors themselves, and their causes and consequences, can be typified and categorised, there is a good reason to talk about their specific laws. In addition, in Russian scientific literature, quite a lot of attention is paid to the study of such generic concepts as “legal error”, “law enforcement error”, “investigative error”, “judicial error”, all of which provide a general description of qualification errors, as well as an analysis of the application of specific criminal law institutions and norms that directly characterize qualification errors. This can not be said about the specific characteristics of qualification errors. Theoretical Basis. Methods. The theoretical basis of the study was the work on the problems of qualification of crimes, as well as work in the field of legal theory, dedicated to law enforcement errors. The methodological basis was the principles of the dialectical method of knowledge, general science (analysis, synthesis, induction, deduction, classification, description) and “chastnonauchnogo” (comparative legal, sociological, system-structural, formal-logical) methods. Results. The article reveals the signs characterizing qualification errors, based on the analysis and generalization of judicial practice. Their detailed systematization is carried out, and the legal and social consequences of qualification errors are highlighted and classified. Discussion and Conclusion. The significance of the study lies in the fact that its results can contribute to the development of general theoretical ideas about the legal, law enforcement, investigative and judicial errors, enrich the teaching of qualification of crimes and qualifying error, and create a basis for improving enforcement.

scholarly journals Contra o Conceito do Direito: Ontologia e Epistemologia no Problema da Definição do Direito

2018 ◽  
Author(s):  
Ítalo Oliveira
Keyword(s):  
Legal Theory ◽  
Scientific Activity ◽  
Point Of View ◽  
Epistemological Problem ◽  
Specific Object ◽  
Advance Research ◽  
The Concept Of Law ◽  
Definition Of ◽  
Ontological Problem ◽  
Concept Of Law

The problem of definition of the concept of law or at least the description of features of legal phenomenon presents variation about the implications of its solution and about the worries around it. The forms of this problem I am interested in are related to ontology and epistemology in legal philosophy: ‘What is the law?’ as (1) a question about the definition of the essence of law and (2) about the definition of a specific object of investigation for sciences about the supposed legal phenomenon – philosophy of law, legal theory, and science of law, for instance. Challenging its premises and trying to avoid both the ontological problem and epistemological problem, I propose a change of perspective from pragmatic concerns what I call the “manager's point of view”: a vision of who should manage the finite economic resources to finance scientific activity in the area of law. I argue that, starting from there, the problem of defining the concept of law as an ontological problem and as a epistemological problem is an unnecessary problem whose solution is useless to advance research in the field of law. I propose a reorientation of the controversy that has implications on how to see the researches and the education in this field.

scholarly journals The Concept of Economic Activity in Contemporary Law of Russia

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 61-67
Author(s):  
I. I. Shuvalov
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Civil Law ◽  
Third Parties ◽  
Spiritual Needs ◽  
Economic Basis ◽  
Production Distribution ◽  
The Russian Federation ◽  
Russian Law ◽  
Definition Of

The paper is devoted to the study of the category “economic activity” used in modern Russian law. Theauthor notes that, despite the absence of a legal definition of this category, it is used in the current legislation of the Russian Federation (civil, criminal, administrative and other branches of legislation, including legislation regulating procedural issues). The legislative gap under consideration creates problems in law enforcement, which the judiciary draws attention to: the lack of definition of the concept under review makes it difficult to establish jurisdiction, since any activity of the participants of relations regulated under civil law has an economic basis. However, a number of documents contain a description of economic activity. In the doctrine, the category “economic activity” is mainly investigated by academic economists, lawyers pay little attention to the consideration of this concept. The few legal doctrinal statements and attempts made by the judiciary to define it are insufficient to fully understand economic activity in the context of law. The paper analyzes doctrinal and judicial approaches to the content and characteristics of economic activity, attempts to define the concept under consideration. The author considers that the concept "economic activity" refers to the commission of legal actions by the actors at various levels of management aimed at production, distribution, exchange and consumption of goods through the use of their or attracted skills and assets to meet their (or third parties) material and spiritual needs. At the same time, the characteristic of professionalism used in the doctrine should be used to differentiate economic activity carried out in active and passive forms. 

scholarly journals The Procedure for the Official Publishing of Regulatory Legal Acts as a Source of Russian Law

2021 ◽  
pp. 13-17
Author(s):  
Olesya Kazantseva
Keyword(s):  
Law Enforcement ◽  
Scientific Article ◽  
Official Publication ◽  
Legal Definition ◽  
Russian Law ◽  
The Law ◽  
Definition Of

The article is aimed at the study of the procedure for publishing of regulatory legal acts in accordance with Russian legislation. Normative legal acts affecting the rights, freedoms and duties of man and citizen are the most important source of Russian law and should be officially published. It is with this fact that the law connects their entry into force. Given that there are no legal definitions of a regulatory legal act, official text, publication, problems arise in law enforcement practice. In addition, the diversity of normative acts by the level of their adoption indicates the diversity of sources of their official publication. This scientific article has been delivered in order to determine the rules for the publishing of laws and other regulations, national and international documents. The author concludes that it is necessary to improve legislation in field and the legal definition of the concepts under study.

scholarly journals La prevenzione in andrologia: recenti acquisizioni e nuove prospettive scientifiche ed etiche

2006 ◽  
Vol 55 (5) ◽  
Author(s):  
A. Mancini ◽  
R. Festa ◽  
G. Grande ◽  
L. De Marinis ◽  
A.G. Spagnolo ◽  
...  
Keyword(s):  
Sexual Function ◽  
Sexual Identity ◽  
Well Being ◽  
Point Of View ◽  
World Health ◽  
Male Factor ◽  
Complex State ◽  
The World ◽  
Definition Of ◽  
Health Organization

Il concetto di prevenzione si è imposto sempre più nel panorama medico, divenendo elemento centrale della pratica clinica. In andrologia ciò significa sottolineare l’importanza di ridurre le cause di sterilità o disfunzioni nella sfera sessuale, spesso prima che la stessa funzione sessuale abbia inizio. In tale ambito l’intervento avviene su più livelli, comprendendo il singolo, la coppia e l’ambiente. La prevenzione, dunque, è un fondamentale elemento in grado di ridurre l’incidenza della sterilità da causa maschile. La definizione dell’Organizzazione Mondiale della Sanità indica primariamente come la salute sessuale sia un complesso stato di benessere fisico, emozionale, mentale e sociale, connesso alla sessualità, e non soltanto l’assenza di disfunzioni, malattie o infermità. Occorre, allora, riconsiderare il concetto di prevenzione alla luce di tale visione olistica e personalista della sessualità, sia nell’approccio alla sterilità di coppia, favorendo una maturazione verso una più completa visione della genitorialità e della fecondità, che nel processo di sviluppo dell’identità sessuale, favorendo la maturazione di una personalità autonoma ed aperta alla comunicazione con l’altro. ---------- The concept of prevention become more and more important in the pratical medicine. In andrology it means to reduce the causes of sterility or dysfunctions in the sexual sphere, often before that the same sexual function begins. Within the prevention, the intervention happens on more levels, including the single one, the couple and the background. The prevention, therefore, is fundamental element that can reduce the incidence of sterility from male factor. The definition of the World Health Organization indicates that the sexual health is a complex state of physical, emotional, mental and social well-being in relation to sexuality and not merely the absence of disease, dysfunction or infirmity. It is then necessary to reconsider the prevention under an olistic and personalistic point of view, both in couple sterility, favouring a maturation towards a more complete vision of the being parents and the fecundity, and in the process of development of the sexual identity, promoting the maturation of an autonomous personality open to the communication with the others.

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