scholarly journals CONSTITUTIONAL EXPERIMENT: REGULATORY APPROACHES IN FRANCE AND SPAIN

2019 ◽  
Vol 7 (5) ◽  
pp. 917-920
Author(s):  
Marina V. Markhgeym ◽  
Goar G. Zagaynova ◽  
Alla N. Gutorova ◽  
Aleksej N. Nifanov ◽  
Evgeniy E. Tonkov
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Social Policy ◽  
Scientific Knowledge ◽  
Cultural Institutions ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
General Scientific ◽  
The Difference ◽  
Control Body

Purpose: The article is devoted to the study of the constitutional experiment features in France and Spain. The author analyzes the regulations, including the constitutions and laws of both France and Spain. It also provides the analysis of constitutional regulation methods in these countries. Methodology: The methodological basis of the study was the set of scientific knowledge leading methods. The methods of analysis and synthesis are widely used among general scientific ones, formal legal and comparative legal methods are among private scientific ones. Result: The analysis of approaches to the formalization of the constitutional-legal experiment on the example of two European countries - France and Spain - showed the difference in corresponding models and levels. France developed the system of the state constitutional legal experiment regulation at the level of the Constitution and other legal acts (organic law, regulations, etc.), taking into account the corrective law-enforcement practice of constitutional control body - the Constitutional Council. The implementation of constitutional legal experiments in France was associated with the decentralization of power, the activities of public scientific and cultural institutions, criminal justice, social policy, etc. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Constitutional Experiment: Regulatory Approaches in France and Spain is presented in a comprehensive and complete manner.

scholarly journals CONSTITUTIONAL AND LEGAL ASPECT OF THE LEGAL EXPERIMENT OF MIGRATION REGULATION IN THE RUSSIAN FEDERATION AND GERMANY

2019 ◽  
Vol 7 (5) ◽  
pp. 1031-1034
Author(s):  
Marina V. Markhgeym ◽  
Alevtina E. Novikova ◽  
Evgeniy E. Tonkov ◽  
Vladimir I. Yevtushenko ◽  
Goar G. Zagaynova
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Legal Aspect ◽  
German Law ◽  
Migration Policy ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
General Scientific ◽  
The Russian Federation

Purpose: The article is devoted to the study of the features of the migration policy implemented in the Russian Federation as a kind of legal experiment. Methodology: The methodological basis of the study was a set of the following methods of scientific knowledge – General scientific methods (analysis and synthesis), private scientific methods (formal legal and comparative legal). Result: The author analyzes normative acts, including by-laws of both the Russian Federation and its constituent territories. The analysis of the existing regulatory normative approaches to the regulation of migration in Germany is also given. At the same time, the author offers his vision of the possible implementation of German law in the Russian Federation. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Constitutional and Legal Aspect of the Legal Experiment of Migration Regulation in the Russian Federation and Germany is presented in a comprehensive and complete manner.

scholarly journals Legal Enforcement by the Police against Child of Criminal Doer of a Traffic Accident Who Caused Death (Case Study in Traffic Accident of Police Traffic Unit of Cirebon City Police Juridiction)

2020 ◽  
Vol 3 (1) ◽  
pp. 21
Author(s):  
Anton Susanto ◽  
Ira Alia Maerani ◽  
Maryanto Maryanto
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Traffic Accident ◽  
Secondary Data ◽  
Primary Data ◽  
Criminal Cases ◽  
Community Factors ◽  
Legal Enforcement ◽  
The Difference ◽  
City Police

The problems of this study were 1) the process of resolving the crime of traffic accident committed by a child which causing death in Jurisdiction Police Cirebon, 2) the difference between the completion of the crime of traffic accident by a child which causing death by perpetrators of adults in Police Cirebon City? 3) consideration of the law by the police in the Cirebon City Police enforcement of laws against the crime of traffic accident causing death committed by a child.The method used is research that combines Juridical and Empirical. The source of research data derived from primary data and secondary data obtained by collecting documents and interviewing criminal cases with informants.Based on research findings conducted by researchers regarding law enforcement in case of a traffic accident causing death committed by minors resolved with the criminal justice process method to process outside the criminal justice and restorative justice approach that is Diversion. Based on Act No. 11 of 2012 on the Criminal Justice System Child involvement of multiple stakeholders in the settlement became a mandatory provision. Constraints law enforcement officials in the execution of diversion itself is the factor of legal, officials law enforcement factors, community factors and factors of facilities and infrastructure.Keywords: Law Enforcement; Police; Accident; Traffic; Child.

scholarly journals Effectiveness standards for investigation of corruption crimes: Theory and practice

2021 ◽  
Vol 10 (44) ◽  
pp. 295-306
Author(s):  
Oleksandr Ostrohliad ◽  
Oleksandr Torbas ◽  
Viktor Zavtur ◽  
Vladyslav Sydorchuk ◽  
Oleh Fedoriv
Keyword(s):  
Structural Analysis ◽  
Scientific Knowledge ◽  
Case Law ◽  
Functional Method ◽  
Theory And Practice ◽  
Dialectical Method ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Procedural Decisions

The article deals with development of a doctrinal system of effectiveness standards for the investigation of corruption crimes. The study used a number of philosophical, general scientific and specific methods of gaining scientific knowledge, including: dialectical method, hermeneutic method, method of systemic and structural analysis, methods of analysis and synthesis, functional method, formal legal method and modeling method. It is proposed to define the investigation effectiveness as the feature of pre-trial investigation, which is characterized by the ability to achieve the tasks envisioned in Art. 2 of the CPC of Ukraine (Law No. 4651-VI, 2012) and can be assessed by checking the number of objectively necessary procedural actions and the effectiveness of making intermediate and final procedural decisions. It is emphasized that the general standards of investigation effectiveness, formulated by the case law of the ECHR, are partially taken into account in Art. 2 of the CPC of Ukraine (Law No. 4651-VI, 2012) through stating the need of investigation being efficient, complete and impartial. The authors formulate scientific approaches to determining the main criteria for the effectiveness of pre-trial investigation of corruption crimes.

scholarly journals Debatable Issues of Law Enforcement Practice on Reducing the Penalty by the Court in Accordance with Article 333 of the Civil Code of the Russian Federation

2021 ◽  
Vol 2021 (3) ◽  
pp. 244-250
Author(s):  
Ekaterina Abakumova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Code ◽  
Practical Implementation ◽  
Scientific Methods ◽  
System Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Legal Understanding

This study is an attempt to draw a theoretical and legal understanding of law enforcement practice to reduce the penalty in court. The research was based on the comparative legal, statistical, historical, and general scientific methods of cognition (system method, analysis and synthesis, logic, etc.). The author analyzed doctrinal ideas regarding the legal nature of penalty. The study revealed controversial conceptual and theoretical issues related to this legal institution that are of fundamental importance for its practical implementation. A retrospective analysis of the law enforcement practice under Article 333 of the Civil Code of the Russian Federation demonstrated a need for a wider recognition of the penalty function, not only in civil law, but also in tax relations.

scholarly journals INVOLUNTARY ADMISSION TO HOSPITAL IN FOREIGN COUNTRIES: ADMINISTRATIVE AND JUDICIAL PROCEDURES

2020 ◽  
pp. 418-441
Author(s):  
A. A. Solovyev ◽  
◽  
Е. V. Aristov ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Involuntary Admission ◽  
Legal Analysis ◽  
Involuntary Hospitalization ◽  
Scientific Methods ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Judicial Procedures

Introduction: the article deals with the legal regulation of the involuntary admission procedures in different countries. Purpose: to study different administrative and judicial procedures that regulate the process of involuntary hospitalization and treatment through the instrumentality of court and other authorized bodies. Methods: the methodological framework of the research is represented by a group of general scientific methods: systematicity, analysis and synthesis, concretization. The principal private law method of the research is the comparative legal analysis. Results: the research has revealed the absence of a unified approach in legislation of different countries to the content of administrative and judicial procedures regulating the mechanism of involuntary hospitalization and medical treatment. The scope of administrative judicial procedures was found to differ in terms of legal regulation. The competency of administrative and judicial bodies in various countries with regard to the issues under study was defined. Conclusions: analysis of the relevant normative legal acts of various countries allows for a conclusion that different approaches in legal regulation make it possible not only to use different administrative and judicial procedures for involuntary admission but also to introduce different law enforcement acts, while not always by judicial and administrative bodies.

scholarly journals SCIENTIFIC AND EDUCATIONAL ACTIVITY OF LIBRARIES AS A CRITERION OF LIBRARY REFORM

2021 ◽  
Author(s):  
Olena M. FIHEL
Keyword(s):  
Public Libraries ◽  
Educational Activity ◽  
Educational Institutions ◽  
Educational Activities ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
National University ◽  
The Status ◽  
General Scientific ◽  
The Law

Objective. The article examines the legislation of Ukraine in the framework of library reform. It is noted that in the presence of all changes and additions, the wording of the Law of Ukraine "On Libraries and Library Affairs" of 2021 regulates the activities of mostly public libraries. The peculiarities of the activity of libraries of higher educational institutions (HEI) are not reflected in the law. Methods. The methodological basis of the study were: general methods of thinking; general scientific and interdisciplinary methods. We can also distinguish: analysis and synthesis, abstraction, formalization and dialectical, as a general scientific method of cognition. Results. An example of a legal conflict regarding the legitimacy to use the status of a research and educational worker by the director of a University library is analyzed in detail. The study proves that libraries of higher education institutions are not obliged to conduct research and educational activities. However, in the absence of scientific lectures, workshops, and research, the library is reduced to the level of a subdivision of the HEI, whose activities are aimed only at providing information on scientific and educational activities of teachers and students. Conclusions. On the example of the Scientific Library of Ivan Franko National University of Lviv, known in Ukraine and abroad for its scientific lectures, art projects, research and explorations, the relevance and importance of conducting scientific and educational activities by Scientific Libraries of the HEI is shown.

scholarly journals «GOOD GOVERNANCE» PRINCIPLE IN THE REFORM OF PORT FORMALITIES IN UKRAINE

2021 ◽  
pp. 69-75
Author(s):  
A. О. Surilova
Keyword(s):  
Law Enforcement ◽  
Organizational Support ◽  
Good Governance ◽  
Legal Research ◽  
The Public ◽  
General Terms ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Sea Ports ◽  
Dialectical Analysis

The article is dedicated to the identification of opportunities and directions for improving the legal and organizational support for the implementation of administrative formalities in the seaports of Ukraine. The urgency of the research issue is due to the need to build an updated concept of port formalities and the lack of modern legal research in the field of improving the clearing mechanisms of ships in Ukraine. The purpose of the article is to determine the possibilities of applying the principle of ‘good governance’ for the formation of an updated organizational and legal means for the registration of ships in seaports of Ukraine. The methodological basis of the research is formed by a system of general scientific and special legal methods of scientific knowledge (historical, dialectical, analysis and synthesis, scientific abstraction, forecasting). In the article, the legal and regulatory framework for simplification of port procedures in Ukraine is analyzed and the importance of quality organization of its implementation is emphasized. The general terms of the ‘good governance’ principle and the possibility of its application in the port industry of Ukraine are outlined. It is noted that establishing an effective dialogue between governmental authorities, businesses and the public in order to constitute an updated concept of port formalities is currently a leading task for the Ministry of Infrastructure, the Maritime Administration and the Ukrainian Sea Ports Authority. It is concluded that nowadays the ‘good governance’ principle is gradually and mostly declaratively introduced into the sphere of organizational and legal support of port formalities in Ukraine. Some single steps have been taken to simplify the clearance of ships in seaports, but good initiatives are usually overdue, expensive and inadequate, and the principle of good governance still awaits implementation not only in legislation and law enforcement, but also in the minds of politicians and civil servants.

scholarly journals Features of the Criminal Identity in Acts of Extremism

Legal Concept ◽  
2020 ◽  
pp. 84-88
Author(s):  
Olga Yakovleva
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Knowledge ◽  
System Analysis ◽  
Methodological Framework ◽  
Distinctive Features ◽  
Analysis And Synthesis ◽  
Practice Methods ◽  
Criminological Analysis

Introduction: the problem of studying the identity of a criminal has always been the focus of criminology, criminal law, criminal procedure, criminalistics and other legal sciences. The criminal identity has individual distinctive features and qualities. The aim of the work is to identify, analyze and evaluate the characteristics of individuals in extremist crimes, and fix them for further use in the law enforcement practice. Methods: the methodological framework for the research is a set of methods of scientific knowledge, among which, first of all, we should mention the methods of system analysis and synthesis. Results: the paper presents a criminological analysis of the criminal identity in acts of extremism. The classification of persons who commit crimes of this group of crimes is determined. The necessity of a comprehensive approach in the development of the state policy in the field of prevention of extremist crime is emphasized. Conclusions: persons who commit crimes of extremism can be divided into several categories: 1) gang delinquents and violent protesters; 2) individuals with religious ideas who are perpetrators of crimes of extremism; 3) persons who provide assistance (including organizational and sponsorship) to the extremist communities and groups, as well as attract extremist criminals for their power purposes.

scholarly journals HUMANITARIAN CONTEXT OF THE PRINCIPLES OF THE JUDICIARY IN THE CONSTITUTIONS OF THE COUNTRIES OF EASTERN EUROPE

2019 ◽  
Vol 7 (5) ◽  
pp. 1035-1038
Author(s):  
Marina V. Markhgeym ◽  
Galina G. Mikhaleva ◽  
Alevtina E. Novikova ◽  
Aleksej P. Treskov ◽  
Evgeniy E. Tonkov
Keyword(s):  
Eastern Europe ◽  
Presumption Of Innocence ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
General Scientific ◽  
Scientific System ◽  
Subjective Rights ◽  
Court Proceeding

Purpose: The article is devoted to the comparative analysis of norms of the constitutions of the countries of Eastern Europe in connection with the identification in them of the principles of the judiciary, enshrined in the special sections on the rights and freedoms of man and citizen. Methodology: The study was based on the dialectical approach to the disclosure of legal phenomena and processes using general scientific (system, logical, analysis and synthesis) and private scientific methods. Among the latter are formal legal, legal linguistics, comparative-legal, which were collectively used to identify the principles of the judiciary. Result: As a result, the author substantiates the framework constitutional approach of conjugation in the formalization of subjective rights with their guarantees of implementation by the judiciary on the basis of the principles established for them. Among the latest principles are the following: independent and unbiased court, universal and procedural equality in judicial; presumption of innocence; publicity of court proceeding and pronouncement of a verdict. The studied constitutional provisions also reveal other principles of the judiciary, which were solitary instances of the claimed combination with subjective rights, but did not receive a consistent mass distribution. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of the Humanitarian Context of the Principles of the Judiciary in the Constitutions of the Countries of Eastern Europe is presented in a comprehensive and complete manner.

scholarly journals CONCEPTUAL AND STRUCTURAL ANALYSIS OF PROCEDURAL OBLIGATION

2020 ◽  
pp. 73-86
Author(s):  
Olga V. Nikolaychenko ◽  
Keyword(s):  
Structural Analysis ◽  
Law Enforcement ◽  
Scientific Concept ◽  
Ideal Model ◽  
Deterministic Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
And Performance ◽  
Definition Of ◽  
Normative Content

For the legal characteristic of procedural duties in their content aspect, the concepts of "procedural duty" and "performance of procedural duty" are correlated. Dialectical, herme-neutic and deterministic methods of cognition were of particular methodological importance for the formation of a scientific concept of the content of procedural duty. They made it pos-sible to identify the existing scientific concepts of the definition of procedural obligation. General scientific systemic method of cognition in conjunction with analysis and synthesis predetermined the consideration of procedural obligation as an ideal-model behavior of a person, as well as actually implemented. In this way the "establishment - execution" of obli-gation as legal categories gets different normative content and interpretative coloring. The characteristic of procedural obligation, based on system-structural and system-functional approaches, is proposed. The first one is predetermined by the place of duties in the norms of law, where they are personified in the norms-prescriptions, norms-prohibitions. The classifi-cation of legal prescriptions into general normative and specific (sectoral) ones has been car-ried out. The second approach predetermined the study of the execution of procedural obliga-tion in "movement", through the study of stage-by-stage and private (single) implementation of normative potential. Ideally, the objective of any scientific concept, especially in jurisprudence, is to program the behaviour in which the sectoral objective is achieved. In law enforcement practice, how-ever, there is a different legal result that falls far short of the normative setting and the realisa-tion of the dispositive powers of those concerned. This manifests itself when the court in-stances erroneously failed to take into account the specific factual circumstances of the case in question as a basis for applying a particular part of the legal act's article. Consequently, the court has formally fulfilled the procedural obligations imposed on it by the law, but in fact their fulfilment did not lead to the intended goal, which constitutes the broader justification for the substantive part of the procedural obligation. It is also possible to look at the duty in a narrower way. This is the case when the court has not fulfilled the procedural obligation imposed on it as a formally defined obligation and has not performed the procedural act or has not performed it in full and in an inappropriate manner.

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