scholarly journals Hans Kelsen's Normative Theory as a Basis for Understanding the Legal Nature of the Constitutional Court Acts

Lex Russica ◽  
2021 ◽  
pp. 89-98
Author(s):  
O. Yu. Kotov
Keyword(s):  
Law Enforcement ◽  
Normative Theory ◽  
Constitutional Court ◽  
Russian Science ◽  
Legal Nature ◽  
The Status ◽  
Definition Of ◽  
Rule Making ◽  
Theoretical Foundations ◽  
Positive Results

The paper is devoted to certain provisions of the Hans Kelsen’s pure doctrine of law (normativism). Based on an analysis of legal and doctrinal sources, the author attempts to find the most accurate concept for the status of decisions of the constitutional court as a judicial body of constitutional control.  The identification of the theoretical foundations for a clear definition of the boundary between rule making and law enforcement is one of the most important problems of law. The situation of the constitutional control bodies is of particular interest. The status of the constitutional court as a judicial body of constitutional control implies that its acts are generally binding on the entire territory of the state. The question of the legal nature of these decisions, which in Russian science initially belonged to the number of debatable ones, deserves attention. Longterm disputes, however, have not yielded positive results; have not revealed the fundamental foundations on which it would be possible to develop the doctrine of the guarantees of the constitution. Thus, the decisions of the constitutional court are equated with both law enforcement acts and sources of law that exist in the form of a precedent or even in the form of a special normative act.

scholarly journals The Legal Nature of Interrelations between a Deputy and Voters within the Framework of the Historical Development of Russia

2020 ◽  
Vol 10 ◽  
pp. 52-56
Author(s):  
Alla N. Gutorova ◽  
Keyword(s):  
Russian Federation ◽  
Soviet Period ◽  
Constitutional Court ◽  
Legal Nature ◽  
The Status ◽  
The Russian Federation ◽  
Democratic Principles ◽  
Main Components ◽  
Definition Of ◽  
The Relationship

There are actual problems connected with definition of the legal nature of the delegate’s mandate are considered in this article. Interaction of the delegate with voters largely determined determine by the legal nature of delegate’s mandate. The purpose of this study is to determine the relationship of the delegate and voters in the system of people’s representation in the Soviet period of development of our country. In most constitutions of foreign countries, a norm has been enshrined that characterizes the nature of the relationship between delegate and voters. In the Constitution of the Russian Federation, such a norm is absent, and it has not found its fixing either in federal or in regional legislation. The official interpretation of the nature of the delegate mandate by the Constitutional Court of the Russian Federation was not given. Therefore, to justify and understand the legal nature of the delegate mandate in the Russian Federation, it is necessary to analyze the state of this issue in the Soviet period. Despite the fact that the Soviet period gravitated to the imperative nature of the delegate mandate, nevertheless, only certain components of the imperative mandate were fixed in the legislation. In the “late Soviet” period, very democratic principles were enshrined in the legislation, but the question of the nature of the delegate mandate was not properly updated. Civil society during this period of time was more interested in the very right to participate in elections and the possibility of actually replacing a delegate mandate. In this connection, the status of deputies continued to “act by inertia”. Normative consolidation was found by all the main components of the imperative mandate, in connection with which, the idea of a “free” mandate is practically not traced.

scholarly journals Obtaining Samples for a Comparative Study: Theoretical, Normative and Law Enforcement Problems

2021 ◽  
pp. 17-29
Author(s):  
Elena Zaitseva
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Procedure Code ◽  
Legal Nature ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article analyzes the debatable aspects of the normative regulation of obtaining samples for a comparative study according to the current Criminal Procedure Code of the Russian Federation. Attention is paid to the key problems in the regulation of this action, and to the difficulties that law enforcement employees face due to them. The author examines the questions of defining the legal nature of obtaining samples for a comparative study, and the possibility of using the operative search potential instead of the procedural method to obtain comparative samples. While analyzing the problems of setting the limits of compulsion for this action, the author stresses the incorrectness of some wording in the law (Art. 202 of the Criminal Procedure Code of the Russian Federation). In the light of ensuring the right of criminally prosecuted persons to defense, the author also presents a critical assessment of the legal positions of the Constitutional Court of the Russian Federation reflected in the Definition of July 23, 2020 № 1856-0, in the part where obtaining samples for a comparative study is recognized as an action of urgent nature.

scholarly journals State Owned Enterprises Finance from the Perspective of State Funds

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Company Law ◽  
Legal Issues ◽  
Clear Distinction ◽  
Constitutional Court ◽  
Court Decisions ◽  
State Budget ◽  
Legal Subject ◽  
The Status

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

Overcoming of Corruptogenic Factors of Criminal Legislation: Concept and Main Methods

10.12737/5503 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 68-75
Author(s):  
Сергей Иванов ◽  
Sergey Ivanov
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Positive Role ◽  
Legal Nature ◽  
Rational Explanation ◽  
Definition Of ◽  
Criminal Matters ◽  
Criminal Legislation

This article deals with the definition of overcoming the corruptogenic factors of the criminal law; notes its positive role in combating corruption in the criminal justice and highlights the main features: universality, casuistry, functional character, law-enforcement level of the implementation. This article discusses some of the most important ways of overcoming the corruptogenic factors of the criminal law: the uniformity of practical activity (the same understanding and application of the criminal law to all situations with a similar set of actual data and identical criminal-legal nature); motivation (rational explanation subject to enforcement activities of the reasons and circumstances underlying the decision on this or other legal and penal question) and formalization of the decision-making (development and implementation of the criminal law or court practice on certain criteria that must underlie the adoption of any authority of any decisions in criminal matters and to narrow the scope of his discretion); raising the level of legal awareness of subjects of criminal-law relationships.

Tunisia’s jihadi fighters may test ties with Europe

2017 ◽  
Keyword(s):  
Law Enforcement ◽  
Asylum Seekers ◽  
Content Type ◽  
Broad Definition ◽  
The Status ◽  
The Government ◽  
Definition Of ◽  
Foreign Fighters ◽  
New Generation ◽  
At Home

Subject The government's response to returning foreign fighters. Significance The government is grappling with the problem of returning extremist nationals from foreign battlefields as well as Tunisians imprisoned at home and abroad. The status of illegal Tunisian migrants and asylum seekers in Europe has also generated tension, most strongly with Germany. Impacts Pressure from European governments to repatriate Tunisian citizens will further burden state resources and law enforcement efforts. Prosecuting individuals based on a broad definition of terrorism could further alienate and radicalise young Tunisians. Tunisia’s failure to address the problem of radicalisation in prisons may create a new generation of jihadi-salafist leaders.

scholarly journals Praperadilan Terhadap Penetapan Status Tersangka Tindak Pidana Korupsi oleh Komisi Pemberantasan Korupsi

2021 ◽  
Vol 1 (2) ◽  
pp. 82-103
Author(s):  
Claudia Permata Dinda ◽  
Usman Usman ◽  
Tri Imam Munandar
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Procedure Code ◽  
The Status ◽  
Protection Of Human Rights

ABSTRAK Praperadilan yang diatur dalam KUHAP menjamin perlindungan HAM dan aparat penegak hukum dalam menjalankan tugas dan kewenangannya secara konsekwen. Lembaga praperadilan telah menciptakan mekanisme kontrol sebagai lembaga yang berwenang melakukan pengawasan terhadap kinerja aparat penegak hukum dalam menjalankan tugasnya guna tercipta proses peradilan pidana yang baik. Terkait dengan penegakan hukum dan pemberantasan korupsi, Komisi Pemberantasan Korupsi merupakan lembaga yang diamanatkan oleh undang-undang dengan wewenangnya untuk menetapkan status tersangka guna proses penyelidikan dan penyidikan tindak pidana korupsi. Penelitian ini bertujuan untuk mengetahui akibat dari perluasan objek praperadilan atas penetapan status tersangka terhadap KUHAP dan mengetahui akibat dari perluasan objek praperadilan terhadap penetapan status tersangka tindak pidana korupsi oleh KPK. Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian yuridis normatif melalui pendekatan konseptual, pendekatan peraturan perundang-undangan dan pendekatan kasus. Sebelumnya, sah atau tidaknya penetapan status tersangka oleh KPK bukan merupakan objek praperadilan, namun melalui Putusan Mahkamah Konstitusi Nomor 21/PUU-XII/2014 praperadilan telah berwenang memeriksa sah atau tidaknya penetapan status tersangka. Hal ini menjadi sebuah pembaharuan dalam Hukum Acara Pidana di Indonesia. ABSTRACT Pretrial regulated in the Criminal Procedure Code guarantees the protection of human rights and law enforcement officers in carrying out their duties and authorities consistently. The pretrial institution has created a control mechanism as an institution authorized to supervise the performance of law enforcement officers in carrying out their duties in order to create a good criminal justice process.This study aims to determine the effects of the expansion of pretrial objects over the determination of the status of suspects against the Criminal Procedure Code and to determine the consequences of expanding pretrial objects to determine the status of suspected criminal acts of corruption by the KPK. The research method used in writing this thesis is a normative juridical research method through the conceptual approach, the statutory approach and the case approach. Previously, the KPK was not a pretrial object or not, but through the Constitutional Court Decision Number 21 / PUU-XII / 2014 the pretrial had the authority to examine whether or not the status of the suspect was determined. This has become a renewal in the Indonesian Criminal Procedure Code.

scholarly journals Problematics of the Content of "Labor" Сonstitution Сategory

2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
High Quality ◽  
The Status ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.

scholarly journals PUBLIC INTERESTS AND LEDAL CONSTRUCTIONS DERIVED FROM THEM

2018 ◽  
Vol 22 (4) ◽  
pp. 425-462
Author(s):  
Alexander B Zelentsov ◽  
Marina V Nemytina
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
General Interest ◽  
Constitutional Court ◽  
Russian Society ◽  
Legal Doctrine ◽  
Public Interests ◽  
Legal Science ◽  
Theory Of Law ◽  
Definition Of

The article observes public interests, firstly, as a social regulative system in the Russian law, and secondly, as a scientific conception of law in legal science. It also researches possibilities of building legal constructions based on public interests with an aim to improve the legal regulation. Basing on the general theory of law and administrative law, the authors analyze: 1) the essence and grounds of public interests; 2) transformation of the Russian historical-theoretical conceptions of public interests; 3) modern interpretations of the phenomenon of public interests in the Russian legal doctrine, legislation and judicial practice; 4) some differences in the Western and Russian conceptions of public interests; 5) separate legal mechanics based on public interests. I.e. the authors talk about objectivating public interests, defining its forms of appearance and possibilities of implementation in the Russian society, law and state. Nowadays categories «public interest», «state interest», «social interest», «general public interests» as well as similar ones are widely used in the Russian legal science, law-making and law enforcement. The problem of its defining as well as identifying public and state interests is still not solved. The article emphasizes the absence of legal definition of public interests in the Russian legislation what causes its use as an evaluation category in the law enforcement practice. This follows by uncertainty in the legal regulation. From other side the term remains flexible and movable, helps coordinate moral and legal content, allows take into account specificity of public interests in each and every case. The article observes position of the Constitutional Court of Russia which defines correlation between public interests and similar categories, e.g. general interest. According to the authors’ opinion, public interests form legal mechanics uniting legal principles, institutes and rules. Examples of such mechanics are corporate-public regulation and public-private partnership.

On Legal Nature and Classificatory Identity Standards of Law Enforcement Ethics

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Рафаиль Валиев ◽  
Rafail Valiev
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Legal Regulation ◽  
Problem Situation ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Law ◽  
Legal Forms ◽  
Enforcement Activity

Based on the problem situation conditioned by indeterminacy of institutional position of the standards of law enforcement ethics within the mechanism of contemporary law enforcement regulation, the author attempts to analyze the legal nature of the above standards. The study reveals that the legal nature of standards of law enforcement ethics is conditioned by the necessity to protect the identity of citizens and the law enforcement system itself from the negative impact produced by various forms of irregular conduct by subjects of law enforcement. As a result of comparing the standards of law enforcement ethics and the rules of law the author establishes that according to the technical-legal forms of their external expression and other attributes, as well as their regulatory potential, the standards of law enforcement ethics are comparable to the status of the rules of law. The study permits us to conclude that the standards of law enforcement ethics possess the classificatory identity typical of the protective rules of law represented by relations in the field of law enforcement activity. This identity is conditioned by the specificity of the subject of their regulation. The standards of law enforcement ethics are of subsidiary significance as they supplement and develop standards of status laws in matters of legal regulation of the moral aspect of the law enforcement activity.

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