scholarly journals The Communicative Theory of the Society: Socio-Technological and Law Enforcement Contexts

2019 ◽  
pp. 35-44
Author(s):  
V. I. Przhilenskiy ◽  
V. D. Laza
Keyword(s):  
Law Enforcement ◽  
Social Development ◽  
Social Relations ◽  
Social Processes ◽  
Fundamental Difference ◽  
Social Production ◽  
Criminal Proceedings ◽  
Communicative Theory ◽  
Theory Of Law ◽  
Active Interaction

The article dwells on the causes and objectives of the emergence and evolution of the communicative theory of the society as a theory that allows not only to predict the development of the society, but also to manage social processes. Law enforcement system in general, and in criminal proceedings in particular, had been formed long before the emergence of this theory. But after the society was defined as a type of communication in the theory, the conditions for a truly scientific technologization of criminal proceedings were created: in fact, the whole theory of law was rebuilt in compliance with a new understanding of the phenomenon of sociality. Today, in the age of total digitalization of social and legal and law enforcement practices, the topic of the origins of the communicative theory of the society is actualized in a new way.The article analyzes the key elements of social and philosophical conceptualization of social processes and phenomena, compares the models of society proposed by O. Comte and K. Marx, whose works described the conditions for the presentation of the society as a reality. The author substantiates the statement that the alternative ways proposed by two theorists to explain social development as a function of “knowledge” or as a derivative of “social production” equally depend on the understanding of a person as a “set of social relations.” Particular attention is paid to the new opportunities opened up to theorists and philosophers in explaining the nature and functions of law in connection with the creation of the communicative theory of society. The article shows a fundamental difference in the understanding of law in the era preceding the development of sociology, and during the active interaction of legal theorists with the community of philosophers and sociologists. The author reconstructs a set of ontological assumptions that allow considering law as “a reproduction of the general conditions of the society existence” and make it possible to include the system of law in the system of social relations as a subsystem.

scholarly journals Features of production of separate investigative actions with participation of categories of persons concerning which the special procedure of production on criminal cases is applied

2020 ◽  
pp. 211-216
Author(s):  
Roman Pozdyshev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Special Procedure

The article analyzes the problems associated with the production of investigative actions against special subjects of criminal proceedings. Legal norms, as well as law enforcement acts regulating the studied social relations are considered.

scholarly journals On the existence of tax liability

2021 ◽  
pp. 95-111
Author(s):  
Yuliya Aleksandrovna Davtyan
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Liability ◽  
Legal Doctrine ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
Scientific Reflection ◽  
Theory Of Law ◽  
Made In

The subject of this research the normative legal acts that regulate social relations emerging as a result of violation of financial legislation of the Russian Federation and determine unlawfulness of the act and penalties for its commission, grounds and mechanism of legal liability, as well as the established law enforcement practice and the existing legal doctrine. This theoretical-legal research is dedicated to examination of the essence and content of the category of tax liability. The study of tax liability as an apparent phenomenon of the Russian socio-legal reality is conducted via dissection of the indicated conceptual category with consideration of the existing contradictory doctrinal views on this phenomenon, as well as the accumulated socio-legal experience. The relevance of this research is substantiate by the range of opinions underlying the doctrinal foundation of legal liability as a scientific category of financial law and general theory of law. The scientific novelty consists in the fact that the conclusion made in the course research on the autonomy of tax liability within the system of legal liability of in the Russian law allowed correlating the constitutive characteristics of legal liability with the characteristics of its particular case – tax liability. The conducted analysis and scientific reflection on the reviewed concepts became a derivative of the conclusion on the autonomy of tax liability within the system of legal liability in the Russian law.

scholarly journals The concept of «sources of law»: general theoretical definition and content

2021 ◽  
Vol 2 (2) ◽  
pp. 71-75
Author(s):  
Maryna Novikova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
The State ◽  
Dual Function ◽  
Legal Norms ◽  
The Subject ◽  
Theory Of Law ◽  
Theoretical Thinking ◽  
Legal Understanding ◽  
Legal Force

The article analyzes scientific approaches to the characterization of sources of law as a legal category. The reasons of multifaceted approaches, dependence of sources of law on legal understanding are defined. Approaches to understanding the sources of law are studied. The meaning of the concept in the material, ideological and formal (legal) sense is revealed. It is determined that in the system of categories of the theory of law the concept of «sources of law» performs a dual function. Thus, on the one hand, it allows distinguishing sources of law from other social regulators. Any legal system determines in its doctrine and legislation which sources (forms) of law are recognized as valid. On the other hand, this concept reveals the place of a source of law in the system of sources of law, the ratio of its legal force with the legal force of other sources of law. It is stated that the source of law cannot be defined as a way of external expression of legal norms, which are objectified in a certain form, because the «source of law» means the origins of law. It is pointed out that differences in the interpretation of sources of law can be explained by different approaches to legal understanding. So, for example, if the legal understanding is based on the normative approach, then the sources of law mean the will of the legislator or law-making activities of the state, and in the natural-legal approach, the sources of law are considered the principles of law, which should be followed by positive law. The source of law may not have forms, such as common sense or theoretical thinking, which can be considered full-fledged sources of law that form the meanings of law, although they are not forms of existence of law. It is concluded that the source of law, and not any other legal category, opens for the subject of lawmaking, determines the need for their use in the regulation of social relations. From the source of law, the subject of law enforcement derives the content of the legal norm, regardless of its recognition by the state, regardless of whether the sources of law are binding or only convincing value. The source of the law itself can be the basis for the decision of the subject of law enforcement. The legitimation, material, social and ideal meaning of the term «source of law» is analyzed. Based on the analysis of definitions and approaches to the chosen issues presented in the scientific literature, the authors agree with the position expressed in the literature that the understanding of the category of source of law, its form is directly influenced by the concept of legal understanding shared by researchers.

scholarly journals Camaraderie, mentorship, and manhood: Contemporary Indigenous identities among the A’uwẽ (Xavante) of Central Brazil

2021 ◽  
Author(s):  
James R. Welch
Keyword(s):  
Ethnic Identity ◽  
Social Relations ◽  
Rites Of Passage ◽  
Social Processes ◽  
Social Production ◽  
Shared Experience ◽  
Central Brazil ◽  
Shared Purpose ◽  
The Social ◽  
The Common

Rites of passage and associated social processes and morphologies can foster a sense of shared purpose, fraternity, and dedication to community through the common experiences of group trials and commitment. A’uwẽ (Xavante) age organization entails the social production of manhood through a privileged form of male camaraderie constructed through age sets and mentorship, rooted in the shared experience of rites of passage and coresidence in the pre-initiate boys’ house. This process is central to how A’uwẽ men understand themselves, their social relations with certain delineated segments of society, and their ethnic identity. It is a basic social configuration contributing to the maintenance of A’uwẽ social and ethnic belonging in contemporary times. Ethnography of Amazonia should expand its reach to consider the contributions of age organization and ritualized camaraderie to social and ethnic identity.

Objectification of the Amount of Compensation for Non-Pecuniary Damage in Claims Against Medical Organizations

2020 ◽  
Vol 6 ◽  
pp. 35-44
Author(s):  
L. A. Shmarov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Medical Assistance ◽  
Criminal Proceedings ◽  
Enforcement Officer ◽  
Number Of Patients ◽  
The Russian Federation ◽  
Law Enforcement Officer

Based on the analysis of citizens’ claims against medical organizations, as well as on the basis of the analysis of the courts’ consideration of such claims, significant differences were found in the amount of compensation for non-pecuniary damage under various conditions related to both the condition of the victim of medical assistance rendered with defects and on the number of patients. It was shown that it is necessary to further accumulate material in order to obtain a more objective picture of satisfied claims and unification in the Russian Federation. Similar calculations can be carried out for other situations related to the possibility of causing moral harm, for example, disseminating information defaming the honor and dignity of a citizen, or compensating moral harm caused by unlawful actions of a law enforcement officer during criminal proceedings. Using the established average values, the court can, on the basis of established factual circumstances, calculate the amount of compensation for non-pecuniary damage in a particular case.

scholarly journals The exchange of self-incriminating information of athletes between sports organisations and law enforcement

2021 ◽  
Author(s):  
Björn Hessert
Keyword(s):  
Law Enforcement ◽  
Role Model ◽  
Social Impact ◽  
Professional Sports ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
As Doping ◽  
The Social ◽  
Personal Consequences

AbstractSports organisations generally have the burden of proving sports rule violations of sportspersons subject to their rules and regulations. Sports rule violations can generally be proven by any reliable means. A common approach taken by sports organisations in this respect is the implementation of so-called cooperation and reporting obligations embedded in their regulations. On this basis, athletes can be obliged to provide all kind of documentary evidence related or unrelated to the matter under investigation. This may cause problems to the privilege against self-incrimination of athletes. In addition, obtaining self-incriminating information in internal sports investigations carried out by private sports organisations can have legal and personal consequences that go well beyond the professional life of athletes. The integrity of sport has been characterised as a public interest due to the social impact of amateur and professional sports in most societies. As a consequence, negative sports-related conduct, such as doping or the manipulation of sports competitions, has been criminalised in various national laws to protect sporting values and preserve the role model function of athletes for young members of our society. This development has led to cooperation between sports organisations and law enforcement agencies, such as prosecutors and the police. Specifically, both collaborate in order to assist the other party’s investigations of sports rule violations and criminal offences, respectively. However, the exchange of intelligence between sports organisations and law enforcement may cause some legal tension. If the same misconduct of athletes leads to both internal sports investigations and criminal proceedings, athletes could be forced to provide self-incriminating information in internal sports organisations, which could then be subsequently transmitted to law enforcement. This system of intelligence gathering raises serious concerns regarding the procedural fairness thereof, keeping in mind the detrimental effects for sportspersons under investigations. A closer look is thus necessary to the legitimacy of the exchange of intelligence. Therefore, the aim of this article is to shed some light on this issue and clarify if and under what conditions internally obtained evidence can be passed on to law enforcement agencies.

ARBITRATION FLASH JUSTICE?

2021 ◽  
Vol 11 (1) ◽  
pp. 60-77
Author(s):  
A.R. SULTANOV
Keyword(s):  
Law Enforcement ◽  
Point Of View ◽  
Judicial System ◽  
Court Decision ◽  
Sources Of Information ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Russian Science ◽  
Administration Of Justice ◽  
External Conditions

In this article, the author attempts to comprehensively consider such a concept as “flash justice”. The study of this concept, new for Russian science, takes place through the prism of law enforcement practice and the use of many illustrative examples of judicial acts, interviews with representatives of the judicial system and other sources of information. The mentioned phenomenon is considered and evaluated from the point of view of not only civil and arbitration, but also criminal proceedings, where examples are more colorful and clear. The author also cites foreign, in particular English, legal experience as an example. Thus, it is noted that a draft judicial act can be prepared by both the court staff, and its individual provisions can be prepared by the parties. At the same time, the existing guarantees related to the prevention of misleading the judge, as the author notes, contribute to the formulation of the draft court decision, which reflects only the objective facts established by the court and meets the criteria of truth and legality. Also, the article indirectly touches on certain retrospective aspects related to the development of the institution of judicial decision, as well as its transformations in the light of the changing external conditions of the administration of justice.

The Persistence of Formalism: Towards a Situated Critique beyond the Classic Separation of Powers

2010 ◽  
Vol 3 (2) ◽  
Author(s):  
Jose R. Rodriguez
Keyword(s):  
Social Relations ◽  
Social Practice ◽  
Legal Theory ◽  
Separation Of Powers ◽  
Academic Research ◽  
The Social ◽  
Critical Legal Theory ◽  
Theory Of Law ◽  
General Method

Formalism persists everywhere despite 100 years of critical legal theory. The reasons for that are sociological and political and include the persistence of the separation of powers idea as a central concept for the theory of law. In Brazil, this phenomenon manifests itself acutely for two supplementary reasons: (1) the lack of a real differentiation between academic research and professional lawyering and (2) the influence of neo-liberal economic thought.The persistence of formalism is a serious problem for Brazilian development since it naturalizes the existing institutions and their related power positions, creating an obstacle to any project of development that proposes something new. It blocks the development of a critical and reflexive knowledge on institutions, shortening institutional imagination to projects that could transform Brazilian reality.The main objective of this article is to develop a critique of formalism useful both as a general method to criticize formalism and as a tool to criticize its Brazilian manifestation. It will be argued here that the critique of formalism fails when it is only theoretical. An efficient critique must also grasp the ideas and the social relations responsible to reproduce formalism as a conceptual idea that informs social practices.To do that, this article will first propose a characterization of Brazilian formalism that does not fit in the Formalism X Instrumentalism dichotomy and is more adequate to grasp how law rationality works in countries from the Continental Law tradition. Afterwards, it will identify the power positions and the respective ideologies responsible to reproduce formalism in Brazil, giving criticism a sociological basis. Finally, it will show that only a positive view of what law should be will able to overcome formalism, both as a philosophical idea and as a social practice. In its final part, a sketch of such a view will be presented.

Sign in / Sign up

Export Citation Format

Share Document