scholarly journals LEGAL CONFLICTS IN THE REGULATORY SPHERE: PROBLEMS OF DEFINITION AND CLASSIFICATION OF LEGAL SCIENCE

Author(s):  
Irina Napalkova
Keyword(s):  
2019 ◽  
Vol 23 (1) ◽  
pp. 48-61
Author(s):  
Valeriy P Ivanskiy ◽  
Sergey I Kovalev

The relevance of the article, which consists of two parts, is that the various theories of rationality presented only in philosophical works are considered. Meanwhile, it should be noted that in recent decades in scientific works on jurisprudence there is a clear trend of borrowing such terms from philosophy as «classical», «non-classical» or «post-non-classical» science in the description of a concept of law. Nevertheless, in legal studies there is still no concept of rationality, the criteria for its classification, allowing to describe the diversity of manifestations of legal reality. The purpose of the study is: 1) to find new non-classical foundations for the development of legal knowledge; 2) to substantiate the point of view that the category of "scientific rationality" and its typology used in philosophy, it is necessary to introduce into scientific use of legal science, which will push the boundaries of knowledge of legal reality; 3) to describe the features of understanding of the term "scientific rationality" in law in the context of its classification into the following two groups: classical and neoclassical (post-classical), as well as non-classical and post-classical. In the process of studying the philosophy of rationality in legal studies used a diverse set of methodological tools: 1) General philosophical methods (dialectical and idealistic); 2) General scientific methods - analysis and synthesis, deduction and induction, analogy, comparison; 3) and private (special) - logical, comparative-legal, formal-legal, normative-dogmatic; 4) method of interpretation, including the method of problem-theoretical reconstruction. The main results of achieving the goal of the study were proposals on: 1) introduction of the concept of "types and models of legal rationality" into the scientific circulation of jurisprudence; 2) classification of legal rationality into classical and non - classical types and corresponding models-neoclassical (post-classical) and post-non-classical. It should be noted that the post-classical and post-non-classical styles of legal thinking are evolved versions, respectively, of the classical and non-classical types of legal rationality. The basis for the classification of types of scientific rationality in legal science was the anthropological factor-consciousness homo juridicus and methodological tools with which legal consciousness is known. The novelty of the study is that the above classification of epistemological paradigms allows us to look at the law as a multilevel reality, which is simultaneously inherent in the two mechanisms of its Constitution - external and internal. Moreover, the presented criteria-based classification of legal rationality is the basis for the development of legal knowledge.


2021 ◽  
Vol 38 (2) ◽  
pp. 9-12
Author(s):  
L.B. Gandarova ◽  

The article examines the place of the theory of state and law in the system of legal sciences, and also emphasizes its fundamental role in the system of legal sciences. To substantiate his position, the author investigated the views of authoritative modern domestic legal scholars on the classification of legal sciences. The article identifies the main thematic blocks, which include all legal disciplines. The problems that hinder the development of the theory of state and law as a basic legal science are identified, its methodological nature is noted. It is concluded that without the assimilation of theoretical and legal knowledge, it is impossible to give a correct assessment of the complex state and legal phenomena of public life, to know their essence and purpose, to get an idea of the legal system as a whole


2016 ◽  
Vol 4 (9) ◽  
pp. 0-0
Author(s):  
Екатерина Черепанова ◽  
Ekaterina Cherepanova

The main goal of criminal legal science is determination of correlation between action and characteristics of corpus delicti which is constituted by criminal legislation. Only correct classification of crimes can guarantee justice preserved by law. The criminal legal assessment of corruption crimes is a separate problem of classification. Classification of such crimes is difficult in current activity of lawenforcement authorities and courts because of the conflict of law, redundancy of estimation definitions, etc. Besides the problem of counteraction of corruption was formulated as the main challenge of state. In the article are analyzed the legislation and law-enforcement practice. The conclusion contains recommendations which can lower the amount of mistakes in corruption crimes classification.


2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Mazii Vitalii ◽  

This article is devoted to the insufficiently studied in the theory of land law the concept of «subcategory of lands». The author established the fact that despite the widespread use of the phrase «subcategory of lands» by domestic and foreign scientists, there are no studies aimed at revealing this concept and outlining the same subcategories of lands. In the course of the research it was established that the current land legislation has about 119 subcategories of land, which are within different categories of land. Using the methods of theoretical and legal science, an attempt was made to reveal the concept of «subcategory of lands» and give it an appropriate definition. It is stated that subcategories of land play an important role in the proper functioning of current land legislation of our state, the lack of allocation and proper legal regulation of subcategories of land can lead to mass violations (intentional or negligent) in the use of land for its intended purpose. To effectively address the issue of proper legal regulation of land subcategories, the author analyzed the successful experience of the United States on this issue and proposed the development of a legal act that could perfectly regulate the relevant land categories, establish a full classification of major categories and subcategories. Lands, as well as provide them with a detailed description. In the final stage of the study, the author emphasizes that there is an urgent need to pay due attention to this issue by lawmakers, scholars and practitioners. Keywords: subcategory of lands, category of lands, division of lands into subcategories, purpose of lands, land legislation


Legal Concept ◽  
2021 ◽  
pp. 55-62
Author(s):  
Kirill Korovin

the German history of concepts became popular after the translation into Russian of some articles from “The Historical Dictionary of Socio-Political Language in Germany”. This event is remarkable for legal science, since legal concepts are of particular importance for both the legislator and legal scientists when developing legal doctrine. The purpose of the paper is to apply a historical and conceptual approach to the study of state-legal phenomena in the history of political and legal doctrines. Methods: the methodological basis of this study is a systematic approach that allows to structure the constituent elements of the German history of concepts, as well as a structural and functional one, thanks to which the application of specific elements in practice was shown. Results: as a result of the analysis of the German experience of studying concepts, the author made conclusions that reflect the possibility of its use in law. First of all, the classification of concepts used in the dictionary is important. It allows you to structure and systematize the concepts used in the political and legal doctrines. The processes of transformation of concepts described methodologically by the Germans can be analyzed by analogy in Russian historical and legal science. The context of the emergence and evolution of the concepts reflects the fundamental changes in society and the state, so its description is necessary to explain the features of legal concepts. Conclusions: the adaptation of historical concepts with the help of modern legal language to the terminological apparatus of the theory of state and law is possible through the diachronic principle. The linguistic basis of the German dictionary is certainly interesting for lawyers from the point of view that the distinction between terms and concepts contributes to the improvement of legal techniques. Thus, the German history of concepts is largely interrelated with the history of political and legal doctrines, and further development of this issue is required.


Author(s):  
Mikhail Yur'evich Osipov

Correlation between the concepts of “novel” and “innovation” in law is one of the topical problems faced by the modern legal science. Its relevance is substantiated by the fact that the improper use of one or another term in legal science (for example, the term "”innovation” instead of the term “novel” may lead to misperception and complicate the research of these legal phenomena. The goal consists in establishing correlation between the concepts of “novel” and “innovation”, as well as the criteria for their classification based on the analysis of the essence of these two concepts. The subject of this article is such principles of the novels and innovations in the legal system that impact the characteristics of these legal phenomena. In the course of research, it was determined that law incorporates both, novels and innovations, which should not be confused, and correlate with each other as a whole (legal novels) and as a part (legal innovations). The article provides classification of legal novels and legal innovations in accordance to various criteria, namely depending on the type of legal process, form of expression (of novels and innovations in law) and (legal novels and innovations). The latter are distinguished by the fact that they are reflected in the legal norms. At the same time, innovations in the law and legal system imply the fundamentally new and (or) significantly improved processes that take place in the legal system, as well as their results. Novelties, in turn, imply any amendments to the law and the legal system.


2019 ◽  
Vol 23 (2) ◽  
pp. 184-199
Author(s):  
Valeriy P. Ivanskiy ◽  
Sergey I. Kovalev

The relevance of the article, which consists of two parts, is that the various theories of rationality presented only in philosophical works are considered. Meanwhile, it should be noted that in recent decades in scientific works on jurisprudence there is a clear trend of borrowing such terms from philosophy as “classical”, “non-classical” or “post-non-classical” science in the description of a concept of law. Nevertheless, in legal studies there is still no concept of rationality, the criteria for its classification, allowing to describe the diversity of manifestations of legal reality. The purpose of the study is: 1) to find new non-classical foundations for the development of legal knowledge; 2) to substantiate the point of view that the category of “scientific rationality” and its typology used in philosophy, it is necessary to introduce into scientific use of legal science, which will push the boundaries of knowledge of legal reality; 3) to describe the features of understanding of the term "scientific rationality" in law in the context of its classification into the following two groups: classical and neoclassical (post-classical), as well as non-classical and post-classical. In the process of studying the philosophy of rationality in legal studies used a diverse set of methodological tools : 1) General philosophical methods (dialectical and idealistic); 2) General scientific methods - analysis and synthesis, deduction and induction, analogy, comparison; 3) and private (special) - logical, comparative-legal, formal-legal, normative-dogmatic; 4) method of interpretation, including the method of problem-theoretical reconstruction. The main results of achieving the goal of the study were proposals on: 1) introduction of the concept of “types and models of legal rationality” into the scientific circulation of jurisprudence; 2) classification of legal rationality into classical and non - classical types and corresponding models-neoclassical (post-classical) and post-non-classical. It should be noted that the post-classical and post-non-classical styles of legal thinking are evolved versions, respectively, of the classical and non-classical types of legal rationality. The basis for the classification of types of scientific rationality in legal science was the anthropological factor-consciousness homo juridicus and methodological tools with which legal consciousness is known. The novelty of the study is that the above classification of epistemological paradigms allows us to look at the law as a multilevel reality, which is simultaneously inherent in the two mechanisms of its Constitution - external and internal. Moreover, the presented criteria-based classification of legal rationality is the basis for the development of legal knowledge.


Author(s):  
Александр Парфенов ◽  
Aleksandr Parfenov

The legal compromise is an effective tool for the prevention and resolution of important social conflicts. The prospects of its practical use depend on the completeness of scientists and lawyers ideas about its essence, functions, place in the mechanism of legal regulation, etc. Among such issues, a special place is occupied by the problem of types of legal compromise. It should expand and systematize the information accumulated by modern legal science about it, serve as a general theoretical prerequisite for future scientific research. The system of knowledge, reflecting its main types, allows to clarify the scope of legal compromise, the order of its use, the specifics of the impact on public relations. In this regard, the construction of a classification of legal compromise is an urgent task of modern jurisprudence.


2021 ◽  
pp. 90
Author(s):  
Olga Yu. Pavlovskaya

The article is devoted to the theoretical understanding of the phenomenon of employment. Based on the analysis of existing approaches to the definition of employment, classification of its types and forms in the Russian economic and legal science, the expediency of applying narrow and broad approaches to the interpretation of the concept of employment is justified. The article also sheds light on the evolution of non-standard forms of employment into new forms in the conditions of digitalization of economic relations, indicating the existing problems and possible ways to solve them. The article highlights the growth trend in modern conditions of unstable independent (precarized) employment, which has become the subject of a long scientific discussion. The author's definition of employment as a legal category is proposed.


2021 ◽  
Vol 10 (43) ◽  
pp. 168-174
Author(s):  
Tetiana Shumeiko ◽  
Kseniia Kurkova ◽  
Ruslana Yarova ◽  
Petro Nemesh ◽  
Oksana Zubko

The purpose of the article is to analyze the approaches to the classification of weapons, which are enshrined in official Draft Laws, to highlight their shortcomings and contradictions, as well as justify the author’s view on this issue. The subject of the study is the Bills regulating the issue of classification of weapons, which are currently under consideration in the Verkhovna Rada of Ukraine. The research methodology includes general scientific and special methods of legal science: historical and legal, normative and dogmatic, dialectical, comparative and legal, logical, monographic, legal and predicting. Results of the research. The general characteristic of the legislative approaches to the classification of arms enshrined in the Draft Laws, which are under consideration of the Verkhovna Rada of Ukraine, is given. Their similarities and differences are revealed, as well as the advantages and disadvantages. Practical implication. The practical value of the legislative consolidation of the classification of arms is substantiated, the limits of its application are determined. Value / originality. On the basis of the research the conclusion on necessity of development and legislative acceptance of the branched classification of all kinds of the weapon is made, and also author's offers on the given question are formulated.


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