scholarly journals ISSUES OF THE NOTARIAL SYSTEM IN THE RUSSIAN LAW ENFORCEMENT SYSTEM IN MODERN CONDITIONS

2021 ◽  
Vol 1 ◽  
pp. 17-20
Author(s):  
Georgiy I. Pescherov ◽  
Keyword(s):  
Law Enforcement ◽  
Rational Solution ◽  
Modern Society ◽  
Public And Private ◽  
Advantages And Disadvantages ◽  
Wide Range ◽  
The World ◽  
Legitimate Interests ◽  
Russian Law ◽  
The Law

The article is devoted to the analysis of the problems of notaries in the law enforcement system of Russia in modern conditions. The author adheres to the scientific position of a wide range of the “law enforcement system”, where any activity in society should be aimed at ensuring the rights, freedoms and legitimate interests of citizens. Based on this, identifying the problems of notaries and their causes is the key to finding a rational solution towards the formation of the institution of notaries that meets the requirements of modern society. The main disputes of specialists are concentrated in the fluctuations between public and private notaries, as well as in the choice of a direction of development like the Latin notary and the introduction of the model of an active notary, where each direction has its own advantages and disadvantages. However, the process of development of society is endless and the ongoing globalization processes in the world require the unification of the activities of the notary, taking into account the national, ethnic and historical characteristics of states, which, ultimately, will significantly simplify economic and business cooperation between peoples of different countries.

THE QUESTION OF THE NATURE AND THE REASONS OF LEGAL COLLISIONS

2021 ◽  
pp. 54-58
Author(s):  
Наталья Алексеевна Макарова
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Legal Practice ◽  
Advantages And Disadvantages ◽  
Legal Literature ◽  
Legal Nature ◽  
Professional Requirements ◽  
Russian Law ◽  
The Law ◽  
Definition Of

В статье анализируется правовая природа юридических коллизий, систематизируются предложенные в юридической литературе последних лет определения понятия «юридическая коллизия», выделяются достоинства и недостатки исследуемых подходов, формулируется авторское определение данного понятия. Под юридической коллизией предлагается понимать противоречие между нормами права, а равно нормами права и (или) положениями правоприменительных и интерпретационных правовых актов, потенциально или практически порождающее трудности в реализации права. Коллизии в праве (юридические коллизии) рассматриваются в их соотношении с другой разновидностью правовой неопределенности - пробелами в праве. Автор статьи приходит к выводу о том, что, хотя оба этих явления имеют негативное влияние на развитие правовой системы государства и юридическую практику, именно юридические коллизии создают наиболее серьезные трудности в ходе правоприменительного процесса. Если причины возникновения пробелов в праве носят смешанный объективно-субъективный характер, зачастую с уклоном в сторону объективных причин (нормы права объективно не всегда оперативно подлежат формальному закреплению вследствие очень высоких темпов развития общественных отношений), то причины возникновения юридических коллизий преимущественно субъективны. Любая юридическая коллизия, так или иначе, представляет собой ошибку правотворца, правоприменителя или интерпретатора. Сделан вывод о том, что для предотвращения «разрастания» коллизионности в российском праве требуется снизить темпы правотворческого процесса, четко определить границы законотворчества и подзаконного правотворчества, но прежде всего - ужесточить профессиональные требования к субъектам правоприменительной, интерпретационной и особенно правотворческой юридической практики. The article analyzes the legal nature of legal collisions, the definitions of the concept of «legal collisions» proposed in the legal literature of recent years are systematized, the advantages and disadvantages of the investigated approaches are highlighted, the author's definition of the concept is formulated. It is proposed to understand a legal collision as a contradiction between the norms of law, the norms of law and the provisions of law enforcement and interpretive legal acts, potentially or practically giving rise to difficulties in the implementation of the law. The legal collisions are considered in their relation to another kind of legal uncertainty - gaps in law. The author of the article comes to the conclusion that, although both of these phenomena have a negative impact on the development of the legal system of the state, legal collisions create the most serious difficulties in the course of the law enforcement process. The reasons for the appearance of gaps are rightfully objective, and the nature of legal collisions is predominantly subjective. Any legal collision is, in one way or another, an error. It is concluded that, in order to prevent the "growth" of collision in Russian law, it is necessary to reduce the pace of the lawmaking process, to clearly define the boundaries of lawmaking and bylaw lawmaking, toughen professional requirements for subjects of legal practice.

The rights of the defendant and public interest in proving insanity under the law of New York

2021 ◽  
Vol 30 (3) ◽  
pp. 108-124
Author(s):  
Aleksey Grin'ko
Keyword(s):  
New York ◽  
Law Enforcement ◽  
Public Interest ◽  
Due Process ◽  
Burden Of Proof ◽  
Public And Private ◽  
Whole Process ◽  
History Of ◽  
The Law ◽  
Legislative Changes

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.

scholarly journals Psychological aspects of information impact on employees of internal affairs Officers

2020 ◽  
Vol 10 (1) ◽  
pp. 18-29
Author(s):  
M.V. Vinogradov ◽  
O.A. Ulyanina
Keyword(s):  
Law Enforcement ◽  
Information Literacy ◽  
Police Officers ◽  
Social Economic ◽  
Modern Society ◽  
Value Orientations ◽  
World Community ◽  
Informational Influence ◽  
The Social ◽  
The World

The article analyzes the processes of intensive informatization and technologization of modern society, affecting the vector of development of the social, economic, political and military spheres of the state. In this context, the problem of informational impact on a human personality, his consciousness, mindset, spiritual and value orientations is considered. On the scale of the geopolitical interaction of the world community at the information-psychological level, this problem is revealed through the prism of describing the nature and content of the information war carried out in the interests of achieving political and military goals. Areas of informational influence on police officers are specified. In this regard, the need for the formation of information literacy of law enforcement specialists is being updated; the directions of information and psychological counteraction and protection against information attacks are highlighted. Psychological resistance, critical thinking, information security are named among the priority solutions to the highlighted issue.

Enforcement efforts and partnership with industry: A needed strategy addressing counterfeit drugs

1969 ◽  
Vol 17 (3) ◽  
Author(s):  
Thomas T Kubic
Keyword(s):  
Law Enforcement ◽  
Drug Supply ◽  
Counterfeit Drugs ◽  
The Past ◽  
Wide Range ◽  
The World

Despite some law enforcement successes, organizations engaged in counterfeiting continued manufacturing, distributing and selling a wide range of unsafe medicines during the past year. This article will identify some of these successes that were made possible due to a public–private partnerships, as well as some of the challenges facing patients around the world. It also outlines the activities of the Pharmaceutical Security Institute, which engages through member companies and independently in public–private efforts to combat the problem of counterfeit drugs. These efforts may serve as models for innovative public–private partnerships that may be effective in coordinated, global efforts to protect the safety of the drug supply.

scholarly journals PENDEKATAN RESTORATIF DALAM PENJATUHAN SANKSI TINDAKAN BAGI ANAK YANG BERKONFLIK DENGAN HUKUM

2019 ◽  
Vol 2 (2) ◽  
pp. 129-143
Author(s):  
Citra
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Character Development ◽  
Law Enforcement Officers ◽  
Early Age ◽  
Legal Research ◽  
Criminal Offenses ◽  
The World ◽  
The Future ◽  
The Law

Children are the next generation of the nation, the existence of children is very important because the child is a potential fate of the nation as well as a mirror attitude of life of the nation in the future. A child who is a superior seed and has the widest hope to prepare for his future as a milestone of success of a nation in the future should not fall in the world of evil. It is unfortunate that children at an early age have been involved in criminal offenses and past their youth behind bars, increasingly contaminated with other inmates. This research was empirical legal research, that is the research on the provisions of the legislation in the national law concerning restorative approach in the imposition of action sanctions against children in conflict with law in order to keep children away from imprisonment and negative stigma in society . Addressing the issue of a child in conflict with the law should be done in a familial approach and avoiding children from prison as much as possible. The sanction of action for the child contained in Article 82 of Law Number 11 of 2012 on Criminal Justice System for Children expected to prevent the child from the negative stigma in society and keep the children from bad effects of prison. Thus the current restorative model of punishment is more applicable in handling child offenders. It is expected that law enforcement officers to pay attention to the provisions of the rules that apply to children in conflict with the law in terms of imposition of more sanctions toward education and character development of children so that the threat of imprisonment becomes the last alternative in imposing sanctions for children

scholarly journals The duty to take appropriate measures to prevent significant transboundary harm and private companies: insights from transboundary hydropower projects

2020 ◽  
Vol 20 (4) ◽  
pp. 667-682
Author(s):  
Alistair Rieu-Clarke
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Fossil Fuels ◽  
Ecological Impacts ◽  
Transboundary Rivers ◽  
Private Companies ◽  
Wide Range ◽  
The World ◽  
The Law ◽  
Private Actors

Abstract Recognition that hydropower plays a role in fostering sustainable development and helping countries move away from fossil fuels has led to a resurgence of planned projects on transboundary rivers around the world. Whilst these projects offer clear benefits, they are not without their socio-ecological impacts. An added feature of hydropower projects is that they tend to involve a wide range of actors that are responsible for their financing, planning, construction and operation (international and domestic; private and State). This begs the question, if it is ultimately the responsibility of States to ensure that these projects are in accordance with international law obligations, what does that responsibility entail when much of the activity is conducted by private companies? International law has a long tradition of placing States under an obligation to regulate the conduct of non-State activities so as to prevent transboundary harm. However, a closer review of the law relating to transboundary hydropower projects reveals that more could be done to guide States as to the appropriate measures that they might put in place to ensure that any hydropower projects involving private actors are implemented in an equitable and sustainable manner.

The University Population in World Society and University Organizations

2020 ◽  
pp. 43-64
Author(s):  
David John Frank ◽  
John W. Meyer
Keyword(s):  
Modern Society ◽  
Knowledge System ◽  
Social Actor ◽  
Institutional Perspective ◽  
The World ◽  
General Capacity ◽  
Legitimate Interests ◽  
University Population ◽  
The University ◽  
Over Time

This chapter presents the exploding numbers and broadening capacities of students and professors that skyrocket over time, especially as the hyper-modern society assembles around the university-based knowledge system. It discusses how schooling is seen as relevant for more and more sorts of people and points out how the dimensions of people are activated and incorporated. It also looks at people that are involved and seen not simply as passive entrants but as executors of ever more legitimate interests and capacities that is above all the general capacity for empowered choice or actorhood. The chapter describes the properly schooled person that is imagined to be a dramatic social actor, fit to master and change the world and not simply to be a carrier of received culture. It applies a neo-institutional perspective to the expansion of the university populations of reconstructed individual people.

COMPARATIVE ANALYSIS OF APPROACHES TO THE REGULATION OF JOINT OWNERSHIP OF COPYRIGHTS

2021 ◽  
Vol 21 (1) ◽  
pp. 75-103
Author(s):  
A.E. TURKINA
Keyword(s):  
Comparative Analysis ◽  
Unified Approach ◽  
Joint Work ◽  
Advantages And Disadvantages ◽  
Judicial Practice ◽  
The World ◽  
Joint Ownership ◽  
The Law

To date, there is no unified approach to defining a joint work and the rights of coauthors in different countries of the world. Any of the described mechanisms has its advantages and disadvantages. In those countries where co-authorship creates significant rights over a joint work or, conversely, significant restrictions, the criteria for determining a joint work attract the most attention. Since each work is unique, as well as each contribution made by the co-author, only judicial practice can determine the content of the criteria proposed in the law in sufficient details.

Why Do We Keep Coming Back to Institutions?

2020 ◽  
Vol 30 (6) ◽  
pp. 1-22
Keyword(s):  
Sociology Of Knowledge ◽  
Max Weber ◽  
Historical Analysis ◽  
Analytical Techniques ◽  
Modern Society ◽  
Natural World ◽  
Institutional Approach ◽  
Wide Range ◽  
The World ◽  
Organizational Institutionalism

The article examines contemporary philosophical and theoretical trends that lead to the dispersion and fragmentation of theories and research methodologies and even of the subject of inquiry. This process is dismantling the basic ontological distinctions that have long determined both the epistemological and the cultural characteristics of European society and science. These theoretical leanings have their own social and cultural roots in the rapidly increasing complexity of modern civilization. That civilization is relinquishing what Max Weber saw as a crucial distinguishing feature of modern society: its ability to comprehend the structure and functioning of the surrounding world. The author finds that one result is the emergence of a “new naivety” in which insurmountable difficulties in attaining rational understanding justify postulation of the ontological independence of actors, objects, etc., as well as the resurgence of various forms of metaphysics. The importance of an emotional relationship toward the world, which increasingly manifests itself as a universe of singularities, is expanding in step with the loss of a rational horizon for subjectivity in modern society. The historical perspective of the institutional approach has several epistemological advantages for dealing with these tendencies. The institutional approach maintains continuity with the project of modern historiography as such by concentrating on phenomena that have a comparable duration and sustainability and by facilitating examination of problems in the sociology of knowledge, for which a wide range of analytical techniques has been developed in order to analyze the interaction of institutions with different scales (for instance, within the framework of organizational institutionalism) among others. The historical analysis of institutions also has a significant practical value by disabusing us of a naive view of the world (including the natural world) as some kind of natural and unmediated given and by making us aware of the contingency of our historical existence. The institutional approach and modern historiography share a common mission as an emancipatory exercise in self-knowledge.

Criminal law and economic activity (ratio of private and public interests)

2020 ◽  
Author(s):  
V. Artemov ◽  
N. Golovanova ◽  
A. Gravina ◽  
O. Zaycev ◽  
V. Kashepov ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Criminal Policy ◽  
Economic Security ◽  
Business Community ◽  
Criminal Prosecution ◽  
General Description ◽  
Criminal Proceedings ◽  
Wide Range ◽  
Legitimate Interests

The scientific and practical guide is devoted to the formation of a comprehensive and systematic approach to improving the activities of the court and preliminary investigation bodies in cases of crimes committed in the field of business and other economic activities (including taking into account the experience of law enforcement practice in criminal prosecution of entrepreneurs in a number of foreign countries). The problem of establishing a balance between the duties of judicial and investigative bodies within their competence to take measures to ensure economic security and to respect the rights and legitimate interests of entrepreneurs involved in criminal proceedings is considered. The author defines the main directions and forms of modern criminal policy in this area; gives a General description of the criminal legal situation in terms of ensuring economic security; identifies additional guarantees of the rights and legitimate interests of entrepreneurs provided in the implementation of law enforcement activities. Particular importance is attached to the study of substantive and criminal procedural mechanisms used in criminal proceedings on economic crimes. For researchers, practicing lawyers, representatives of the business community, teachers, postgraduates, students of law schools and faculties, as well as for a wide range of readers interested in this issue.

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