scholarly journals Legitimacy as a Legal Category: Justification of the Concept

2018 ◽  
Vol 5 (2) ◽  
pp. 86-89
Author(s):  
V V Denisenko
Keyword(s):  
Political Institutions ◽  
Legal Regulation ◽  
Essential Characteristic ◽  
Legal Norms ◽  
Legal Science ◽  
Formal Equality

The article analyzes the category of legitimacy as a term of legal science. The main approaches to the legitimacy of legal norms are revealed. The author of the article substantiates the approach to legitimacy as an essential characteristic of law. The legitimacy and legitimacy of law are characterized as distinct from the legitimacy of political institutions. The legitimacy of law characterizes the essence and effectiveness of law, so it cannot be reduced to legality. In legal science it is necessary to allocate traditional and rational legitimacy. Keywords: legitimacy of law, legality, essence of law, effectiveness of legal regulation, formal equality, legitimacy of law.

scholarly journals Interpretative Norms: The Concept and Legal Nature

Legal Concept ◽  
2021 ◽  
pp. 73-78
Author(s):  
Evgeny Terekhov ◽  
Keyword(s):  
Current System ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Methodological Framework ◽  
Legal Norms ◽  
Legal Science ◽  
Legal Nature ◽  
The Common ◽  
Russian Law ◽  
System Today

Introduction: a legal interpretation activity is an independent type of legal activity. Despite this, its system today is rather poorly studied, which leads to the contradictions in the formation of interpretative practice. One of the elements of the system of legal interpretation activity is interpretative norms, which in legal science have not been distinguished as an independent legal category and have not been comprehensively studied. Purpose: to establish the truth in the issue of distinguishing interpretative norms as an independent legal category. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including consistency, analysis, comparative legal, formal legal. Results: the author’s position grounded in the work is based on the study of the term “interpretative norms”, as well as their comparative analysis with the norms of law to identify the common and individual features. Conclusions: as a result of the conducted research, it is established that interpretative norms should be considered in the legal science as an independent legal category. This is confirmed by the possibility of distinguishing one’s own concept, as well as the presence of an individual legal nature. The current system of Russian law is an interdependent tandem of legal norms and interpretative norms, which interact with each other, allowing the most optimal way to achieve the goals of the legal regulation.

XV International scientific and practical conference "Legal acts and legal contracts: problems of theory and practice" and the scientific of the "Round Table" "Legal science as a socio-cultural institute: intensification of human, methodological and theoretical potential"

2021 ◽  
pp. 159
Author(s):  
Nataliya V. Krotkova
Keyword(s):  
Effective Means ◽  
Round Table ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Norms ◽  
Sociological Approach ◽  
Legal Science ◽  
Legal Literature ◽  
Russian State ◽  
Practical Conference

On April 20 - 22, 2021, the XV International scientific and practical conference "Legal acts and legal contracts: problems of theory and practice" was held at the Russian State University of Justice, and the “Round Table” "Legal science as a socio-cultural institute: intensification of personnel, methodological and theoretical potential" was held within its framework. Unfortunately, legal contracts and legal acts are very rarely analyzed in the specialized literature. At the conference, some controversial problems of comparative analysis of legal contracts and legal acts were voiced. The development and formation of legal norms in Russian legislation is closely related to the activities of judicial bodies. The participants of the event touched upon such issues as legal methods for improving the efficiency of judicial activity, etc. Within the framework of the scientific “Round Table”, it was noted that the problems of the methodology of scientific research in the field of legal sciences are traditionally among the little-studied, but very relevant problems of jurisprudence. In order to determine the main and effective problems of the methodology of legal science, it is advisable to organize a permanent seminar on topical problems of the methodology of legal research with the participation of leading methodologists of legal science on the basis of a leading law university of the country using modern Internet technologies. The opinion was expressed that an effective means of intensifying legal science can be the rejection from the positivist doctrine of law that prevails in modern educational and scientific legal literature. Attention is also drawn to the fact that the problem of training scientific and pedagogical personnel is becoming particularly relevant. Only a highly professional, creative team of Russian lawyers is able to eliminate the distortions and imperfections of modern Russian legal science. The “Round Table” also considered the problems of the unity of legal science; the factors that hinder the development of the course "history and methodology of legal science" by undergraduates, and ways to overcome them; the methodology of the study of legal regulation in modern legal science; the use of a sociological approach to law in legal science and other issues.

Characteristics of Legislation on Legal Relations of Information Dissemination

2020 ◽  
pp. 18-23
Keyword(s):  
Social Relations ◽  
Information Dissemination ◽  
Legal Regulation ◽  
Legal Scholarship ◽  
Legal Norms

Information and telecommunication technologies have radically changed all social relations. This required corresponding changes in the information legislation. System of legal norms regulating information relations has been updated and increased. However, this changes did not improve legal regulation of information relations. Scientists emphasize that imperfection of information legislation depends on inadequacy of legal norms. Legal scholarship discover different defects of legal norms: antilogy, deficiency of law, inadequacy in logic, duplications and declarativity of norms. Legislation on information dissemination is also characterized by these defects. They entailed problems of application by the courts. Scientific immaturity of legal regulation of information relations is noted. The necessity for creating special legal act, which will regulate relations on information dissemination, is justified.

New Approaches to Understanding Judicial Ethics in the Information

2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Subject Area ◽  
Social Needs ◽  
Legal Norms ◽  
Stage Of Development ◽  
Judicial Administration ◽  
Personal Approach ◽  
Personal Qualities ◽  
The Subject

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.

Social trust, norms and morality

Human Affairs ◽  
2013 ◽  
Vol 23 (3) ◽  
Author(s):  
Miroslav Popper
Keyword(s):  
Social Capital ◽  
Political Institutions ◽  
Social Trust ◽  
Local Level ◽  
Dynamic Change ◽  
Short Term ◽  
Legal Norms ◽  
Increased Sensitivity ◽  
The Individual

AbstractThe article approaches the topic of social trust from an evolutionary perspective. It begins by summarising the most influential approaches that have defined specific and social trust and ascertains what causes differences in degrees of trust and how the potential risk of deception might be lowered. It then notes that the basis of morality had already been formed during the era of prehistoric man, who was able to create coalitions against aggressors and to socially control the behaviour of deviants. It points out, however, that having a certain predisposition to behaving cooperatively or an increased sensitivity to recognising and not tolerating behaviour aimed at abusing cooperation is not a sufficient guarantee of the fact that people will always (or at least in the majority of situations) favour cooperation over deception. One of the reasons for this is a tendency to favour short-term gains over long-term ones. The article argues that establishing norms (moral, social and legal) produces a higher level of social trust because it not only “encourages” individuals to behave in certain ways in particular situations but also works as a sanction which “discourages” the individual from socially deviant behaviour. The article then focuses on a debate about the causal relationship between social trust and social capital. It discusses the suggestion that political institutions, government and the judiciary may reduce rather than raise levels of social capital and consequently also the level of social trust. This is partly because of their powerful position and the consequent scope for corruption and partly because of the fact that even when attempting to act honestly, representatives of these institutions cannot sufficiently reflect upon dynamic change at the local level. Finally, the article ends by adopting the position that social trust is built primarily from bottom up and so it is risky to continually doubt the very existence and usefulness of social norms and morality and to be governed simply by legal norms.

Partially Moral Legal Relations. Who is to Blame? (Review of the Monograph: Serkov P. P. Legal Relation. The Morality of Modern Legal Regulation. M.: Norma, 2020. – 686 p.)

2020 ◽  
Vol 12 ◽  
pp. 67-74
Author(s):  
E. I. Kolyushin
Keyword(s):  
Liberal Arts ◽  
Legal Regulation ◽  
Moral Law ◽  
Legal Relation ◽  
Legal Science

The solution to the problem of the relations between morality and law proposed in the monograph is a serious attempt to create a new concept of moral law and legal relations using the achievements of other liberal arts in contrast to the ideas in legal science prevailing now. Conclusions and suggestions are justified only in those parameters in which the researcher does not absolutize the role of morality in each of the named manifestations.

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.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

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