scholarly journals Law of the 20th and 21st Centuries: Continuity and Novelty

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 9-20
Author(s):  
V. N. Sinyukov
Keyword(s):  
20Th Century ◽  
21St Century ◽  
Social Relations ◽  
Subject Matter ◽  
Legal Regulation ◽  
Legal Tradition ◽  
Theoretical Understanding ◽  
Legal Development ◽  
The Law ◽  
The Individual

The paper is devoted to the issues of conceptualization of legal development in the 20th and 21st centuries. The paper investigates social relations that determined the global law evolution in the 20th century, as well as changes in macroregulation in the first quarter of the century under consideration. The subject matter of the analysis covers theoretical understanding of the development vectors in the essence of law at the turn of the last two centuries.As a scientific hypothesis, the author puts forward the statement regarding regulatory specificity and a special strategic role of the 20th century for subsequent legal development. Proving this hypothesis, the author structures the directions of global transformation of social essence and social interrelations of law in the preceding period. The author also shows that these changes have led to the rise of a systemic postclassical legal tradition. The author has described its characteristics and the role in the formation of a new legal identity of the 21st century. The paper also examines the signs of novelty of the law of the present century. The author determines the features of its regulatory individuality generated by technological changes. It is concluded that the novelty of the law of the present century is preconditioned by the combination of Postmodern and the era of introduction of technological regulators.The paper shows the directions of formation of regulatory individuality of the 21st century, its contradictions related to the legal adaptation of a new technological order. It is concluded that the legal regulation moves towards inclusion patterns of nature and new biological and virtual states of the man in its immediate subject matter. The legal complex integrates the methodology of technology and the artificial language of technology, which results in providing a significant insight into the boundaries of social and technical norms.The paper questions the possible rupture of the legal tradition, which the 21st century is bringing, the factors of its aggravation, including the pandemic. The assumption is formulated that a new law arises in the system of innovative interrelations in the technological sphere that leads to the restructuring of institutions of law and legal relations, as well as to the formation of new value properties of law—its syncreticism, integration of the individual and the general, non-subjectivity, non-objectivity, public-private permeability, anthropomorphism.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS

2020 ◽  
Vol 33 (20) ◽  
pp. 77-81
Author(s):  
N. Yu. Veselov
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Main Body ◽  
Criminal Proceedings ◽  
Rights Of The Child ◽  
The Law ◽  
Keywords Child ◽  
Legal Mechanism

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.

scholarly journals The positive legal uncertainty as a technical and legal method of exposition of law

2021 ◽  
Vol 21 (4) ◽  
pp. 437-444
Author(s):  
Ekaterina Yu. Arkhipova ◽  
Keyword(s):  
Social Relations ◽  
Self Regulation ◽  
Historical Analysis ◽  
Legal Regulation ◽  
Russian Society ◽  
Legal Method ◽  
Legal Uncertainty ◽  
The Law ◽  
Market Relations ◽  
Law Making

Introduction. In modern Russian society with high rates of development of market relations, digitalization of the main spheres of life, popularization of the ideas of self-organization and self-regulation, legal uncertainty acts as a bipolar phenomenon, which is not only a consequence of law-making errors, but an effective technical and legal way of presenting regulations. Theoretical analysis. The historical analysis of the formation and development of ideas of certainty and uncertainty in jurisprudence showed that these categories are considered as universal phenomena characteristic of any matter. It was established that absolute certainty is unattainable and not always in demand, while legal uncertainty is inherent in the very nature of law. Еmpirical analysis. It was revealed that the need to ensure mobility and flexibility of legal regulation imposes the task of a reasonable use of legal uncertainty as a technical and legal way of presenting law on the law-making subject, which is reflected in the current legislation. Results. Legal uncertainty is an objective and inevitable phenomenon, and the total regulation of social relations is not always justified. The law is being improved on the basis of the principle of transition from the casuistic to the abstract, which proves its universality.

scholarly journals Digital Law and Problems of Gradual Transformation of the Russian Legal System

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 9-18
Author(s):  
V. N. Sinyukov
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Culture ◽  
Legal Regulation ◽  
Legal Tradition ◽  
Legal Form ◽  
Culture Development ◽  
Digital Law ◽  
Gradual Transformation

The relevance of the topic of the balance between the system of law and processes of digitalization of legal regulation is preconditioned by fundamental changes that are taking place in the legal system of Russia due to current technological challenges. The author qualifies changes under consideration as the processes of gradual transformation of law and its system. The article explores the dynamics of evolution of the legal understanding of the world due to technical progress. The author concludes that the new technological lifestyle pattern changes not only the usual lifestyle of people, but also the nature of legal regulation. The problem of consistent legal interpretation of the technological revolution is presented. It is concluded that the preservation of the systemic unity of the legal form is possible on the basis of the step-by-step revision of foundations of macroorganization of law. The paper demonstrates the difference between the current period of development of law and the classical epoch that proves the fact that the legal culture is about to include the virtual world into its subject matter. A sectoral approach based on monodimensional or complex subjects and methods of legal regulation can no longer provide for the comprehensive understanding of the nature of law. The paper depicts the evolution of notions of the norm and institute of law on the basis of symbiosis of deontic and behavioral elements that characterize the concept of legal technology. The conclusion about normativity of technological processes is made. The article substantiates the place and role of digital law in the process of gradual transformation of the legal system. The article justifies the provision that digital law performs the function of restructuring the legal system. The article reveals the subjects and methods of digital law as a source of law having impact on social relations. The author suggests the concepts of digital environment that creates a new type of lawyerism, namely: digital and analog law, and describes the correlation between them. The author puts forward the hypothesis of fundamental and applied law, describes their subject areas. On the basis of the analysis of the structural evolution of the legal system in the context of technological changes, the author provides for the forecast of parameters of the future legal order. It is concluded that conflicts of virtual and classical legal orders can be resolved under norms of digital law that eliminate the contrasting sides of legal permits and prohibitions. The author poses the issues regarding subjects of digital legal culture development, the new legal language, the role of analog law in restructuring the legal system, the balance between digital law and national legal tradition. The hypothesis of national models of digitalization of legal culture is put forward.

Drama and Learning

2019 ◽  
Author(s):  
Anton Franks
Keyword(s):  
Everyday Life ◽  
20Th Century ◽  
21St Century ◽  
Social Relations ◽  
Social Life ◽  
Life Forms ◽  
Contemporary Culture ◽  
Late 20Th Century ◽  
Early 21St Century ◽  
Societal Level

As ways of making meaning in drama strongly resemble the ways that meanings are made in everyday social life, forms of drama learn from everyday life and, at a societal level, people in everyday life learn from drama. Through history, from the emergence of drama in Western culture, the learning that results at a societal level from the interactions of everyday social life and drama have been noted by scholars. In contemporary culture, electronic and digitized forms of mediation and communication have diversified its content and massively expanded its audiences. Although there are reciprocal relations between everyday life and drama, aspects of everyday life are selected and shaped into the various cultural forms of drama. Processes of selection and shaping crystallize significant aspects of everyday social relations, allowing audiences of and participants in drama to learn and to reflect critically on particular facets of social life. In the 20th century, psychological theories of learning have been developed, taking note of the sociocultural relationships between drama, play, and learning. Learning in and through drama is seen as being socially organized, whole person learning that mobilizes and integrates the bodies and minds of learners. Making signs and meanings through various forms of drama, it is interactive, experiential learning that is semiotically mediated via physical activity. Alongside the various forms of drama that circulate in wider culture, sociocultural theories of learning have also influenced drama pedagogies in schools. In the later part of the 20th century and into the 21st century, drama practices have diversified and been applied as a means of learning in a range of community- and theater-based contexts outside of schooling. Practices in drama education and applied drama and theater, particularly since the late 20th century and into the early 21st century, have been increasingly supported by research employing a range of methods, qualitative, quantitative, and experimental.

scholarly journals The Principles of Administrative Law as a Prism for Assessing the Content of Normative and Legal Provisions: Opportunities for Identifying the Problems and Solutions

2019 ◽  
Vol 87 (4) ◽  
pp. 104-116
Author(s):  
V. O. Ivantsov
Keyword(s):  
Rule Of Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Charitable Organizations ◽  
The Rule Of Law ◽  
Legal Provisions ◽  
The Law ◽  
The Individual ◽  
Corruption Prevention

The author of the article assesses the content of administrative normative and legal acts (on the example of legal regulation of restrictions on receiving gifts) through the prism of modern understanding of the principles of administrative law, which made it possible to distinguish a number of problems for determining the content of some of them and to work out the ways to solve them, namely: 1) Having studied the norms of the laws of Ukraine “On Prevention of Corruption” and “On Charitable Activities and Charitable Organizations” through the prism of the principle of humanism and justice in the relations between the individual and the state, it is proved that the legal possibility in the sphere of legal relations in the sphere cannot be restricted (forbidden) humanism and charity; 2) an analysis of the law enforcement practice of implementing the prohibition on gift giving has often revealed a flagrant violation of the rule of law; emphasized that ensuring the legal certainty of the described ban can be ensured by revealing its content by the National Anti-Corruption Agency; 3) installed: – uncertainty about the specific characteristics of “allowed gifts”, which requires amendments to the Law of Ukraine “On Corruption Prevention” to exclude them or to provide clear explanations within the framework of the NACC Guidelines; – violation of the provisions of the Typical Anti-Corruption Program of a Legal Entity approved by the Decision of NAPC No. 75 dated from March 2, 2017 No. 75 on the principle of hierarchical highness of law, which requires amendments to them in accordance with the provisions of the Art. 23 of the Law of Ukraine "On Prevention of Corruption", which defines uniform rules for determining the amount of "allowed gift"; – the content of the concept of "gift" does not correspond to such an important element of the rule of law as "prohibition of discrimination and equality before the law", which requires amendments to the Law of Ukraine "On Prevention of Corruption" in the part of the correction of the concept of "gift" as such is bounded by the restriction of "family-private" relations not related to the performance of functions of the state or local self-government. As a result, it was found out that the principles of administrative law in order to improve the regulatory acts of the sphere of administrative and legal regulation are: 1) as a criterion for assessing the content of provisions of regulatory legal acts, resulting in the isolation of their shortcomings; 2) legal bases for elaboration of amendments and additions to administrative normative legal acts.

scholarly journals Exceptions to Law as a Means of Ensuring Its Legitimacy

2018 ◽  
Vol 5 (2) ◽  
pp. 33-39
Author(s):  
S Yu Sumenkov
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Main Role ◽  
General Version ◽  
Regulatory Impact ◽  
The Law ◽  
The Right

The article reveals the relations between two phenomena of legal reality: the legitimacy of law and exceptions to the law. The author agrees that the legitimacy is the most important feature of the right, indicating the recognition of both the right itself and its regulatory impact by the majority of the population. The legitimacy of the law is achieved through its effectiveness, especially speed and differentiation. But the main quality that contributes to the legitimacy of law is the possibility of coordination of different-vector interests of numerous and heterogeneous subjects of social relations. The main role in solving this problem is played by exceptions to the law, which offer a different, compared with the General version of regulation, without destroying the standardizing effect of legal regulation.

scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

Implementation of the Law on Responsible Treatment of Animals: from the quality of norms to effective law enforcement

2021 ◽  
Author(s):  
V. Avhadeev ◽  
L. Bitkova ◽  
C. Bogolyubov ◽  
I. Bondarchuk ◽  
A. Vinokurov ◽  
...  
Keyword(s):  
Social Relations ◽  
Animal Rights ◽  
Legal Regulation ◽  
Federal Law ◽  
Law Schools ◽  
Animal Shelters ◽  
State Supervision ◽  
Wide Range ◽  
The Law

The collection contains articles on the quality of the conceptual apparatus and terminology of Federal Law No. 498-FZ of December 27, 2018 "On Responsible Treatment of Animals and on Amendments to Certain Legislative Acts of the Russian Federation", the subject of its legal regulation, the effectiveness of the mechanism for its implementation laid down in the law, state supervision and public control in the field of animal treatment. The problems of organizing the activities of animal shelters without owners, protecting animals from abuse and responsibility for such offenses, directions and ways to improve Federal Law No. 498-FZ and the practice of its application are also highlighted. Attention is paid not only to modern, but also to historical, international and foreign experience of legal regulation of the considered social relations, norms-requirements, restrictions and prohibitions in the field of keeping and using animals, moral and ethical aspects of interaction between people and animals, which emphasizes the complex and interdisciplinary nature of the presented research. The publication is addressed to lawyers-scientists and practitioners, subjects of the law of legislative initiative, employees of state authorities and local self-government bodies directly involved in the application of the norms of Federal Law No. 498-FZ, employees of various organizations engaged in the maintenance, use and protection of animals, animal rights activists, students and postgraduates of law schools, as well as a wide range of readers interested in this issue.

GAP IN THE LEGISLATION AND WAYS TO OVERCOME

2017 ◽  
Author(s):  
Olena Dashkovska ◽  
◽  
Vasily Demchenko ◽  
Vitalii Yavorskyi ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Norm ◽  
Private Law ◽  
Basic Principles ◽  
The Law ◽  
Law And Legislation

The article analyzes the concepts of "gaps in law" and "gaps in legislation", outlines the general features of these concepts, identifies the main causes of the emergence and existence of gaps in legislation and law. Emphasis is placed on the fact that gaps in the law take place in the legal regulation of only those social relations that have the character of legal. The main ways to eliminate and overcome gaps are considered, their differences are considered, it is concluded that gaps in law and legislation can be overcome by analogy of law and analogy of legislation. The main characteristics of the application of these means of overcoming gaps are determined. Attention is paid to the analogy of law as an exclusive means of legal influence. It is noted that by means of analogy the rights are not eliminated, but only gaps in the law are promptly overcome. It is concluded that it is used only when it is not possible to find such a legal norm. The analogy of the legislation is considered as a specific means of making a legally significant decision in case of gaps in the legislation relating to the specific case. The conclusion about the universality of such a method is made. The basic principles of application of analogy of legislation are stated. It is determined that the analogy of the law applies to relations that are not regulated by law, but should be in the field of legal regulation. It is emphasized that the analogy of legislation is used mainly by judicial bodies in their law enforcement acts, usually to clarify and supplement legislative provisions in the areas of legal regulation, which have gaps. It is noted that the analogy must comply with the fundamental principles of law. It is noted that the analogy of law, as well as the analogy of legislation, are inherent exclusively in private law areas of legal regulation. The article concludes that gaps in law and legislation can be overcome by analogy of law and analogy of legislation, respectively. Certain postulates of application of these means are defined.

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