scholarly journals Legal Regulation of Neighbor Relationships in the Russian Private Law: Some Issues of Law Making and Law Enforcement

CIVIL LAW ◽  
2019 ◽  
Vol 5 ◽  
pp. 11-14
Author(s):  
Ulyana B. Filatova ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Private Law ◽  
Law Making ◽  
Neighbor Relationships

scholarly journals About Research of Administrative and Legal Regulation of Police Activity in the Sphere of Family and Household Relations

2020 ◽  
Vol 17 (3) ◽  
pp. 113-116
Author(s):  
Victor Sevryugin
Keyword(s):  
Law Enforcement ◽  
Family Relations ◽  
Practical Importance ◽  
Legal Regulation ◽  
Administrative Law ◽  
State University ◽  
Monographic Study ◽  
Family And Household ◽  
Police Activity ◽  
Law Making

Introduction. A.A. Gaidukov prepared a monographic study of the administrative and legal regulation of the police in the field of family relations – the dissertation “Administrative and legal regulation of the police in the prevention and suppression of offenses in the field of family relations”, which he submitted for the degree of candidate of legal sciences in the specialty 12.00.14 – administrative law; administrative process and successfully defended at a meeting of the dissertation council at Dostoevsky Omsk State University November 1, 2018. Results. The dissertation is independent completed scientific and qualification work, which contains a solution to an urgent scientific problem of important theoretical and practical importance for uki administrative law in general, and law-making, law enforcement, in particular.

scholarly journals The Doctrine of Legal Regulation: Approaches to Understanding

2021 ◽  
pp. 65-72
Author(s):  
Tetiana Tarakhonych
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Close Cooperation ◽  
Theory Of Law ◽  
Definition Of ◽  
Law Making

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.

FEATURES OF DISCRETION IN LEGAL PRACTICE OF THE STATES OF THE ROMANO-GERMANIC LEGAL FAMILY

2020 ◽  
pp. 18-23
Author(s):  
Yu. V. Onosov ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Scientific Development ◽  
Judicial Discretion ◽  
Dual Nature ◽  
Leading Role ◽  
The Will ◽  
Law Making

The paper discusses general regularities affecting the discretion in law enforcement and law-making practice in the countries of the Romano-Germanic legal family. Factor analysis provides a detailed description of the most important laws related to the exercise of discretion in the law enforcement and law-making practice of the states of the specified legal family. In particular, the author draws attention to the dual nature of judicial rulemaking, the pronounced codified nature of legislation, the leading role of a normative legal act in the system of law sources, the presence of explicit conceptuality and doctrinality, and other essential factors. In comparison with the system of common law, the continental legal family is characterized by the significant influence of the works of legal scholars and the expressed and intense perception of legal doctrines and theories. The author notes that the array of acts of interpretation significantly influences the uniformity of judicial practice in the continental legal system since this is a way to give flexibility to the legal regulation of public relations. Besides, the codifiers use a large number of scientifically based general provisions to formulate prescriptions, which are the main focus. The paper considers the fact that in the Romano-Germanic legal family, the lawyers regard as unacceptable the situation when the will of the judicial authorities determines the decisions made by the legislator since a traditionary one is a situation when the judicial authorities implement the will of the legislator. The author concludes that the rule of law is a consistent principle of the continental legal system. The paper states that scientific development should pay particular emphasis to the problems of law enforcement discretion. Thus, judicial discretion in law is most typical for the legal systems of the Anglo-Saxon legal family, and administrative discretion (the discretion of administrative jurisdiction) – for the Romano-Germanic legal family. The legal system developed in a particular state determines the general and specific regularities of exercising discretion in law practice.

GAP IN THE LEGISLATION AND WAYS TO OVERCOME

2017 ◽  
Author(s):  
Olena Dashkovska ◽  
◽  
Vasily Demchenko ◽  
Vitalii Yavorskyi ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Norm ◽  
Private Law ◽  
Basic Principles ◽  
The Law ◽  
Law And Legislation

The article analyzes the concepts of "gaps in law" and "gaps in legislation", outlines the general features of these concepts, identifies the main causes of the emergence and existence of gaps in legislation and law. Emphasis is placed on the fact that gaps in the law take place in the legal regulation of only those social relations that have the character of legal. The main ways to eliminate and overcome gaps are considered, their differences are considered, it is concluded that gaps in law and legislation can be overcome by analogy of law and analogy of legislation. The main characteristics of the application of these means of overcoming gaps are determined. Attention is paid to the analogy of law as an exclusive means of legal influence. It is noted that by means of analogy the rights are not eliminated, but only gaps in the law are promptly overcome. It is concluded that it is used only when it is not possible to find such a legal norm. The analogy of the legislation is considered as a specific means of making a legally significant decision in case of gaps in the legislation relating to the specific case. The conclusion about the universality of such a method is made. The basic principles of application of analogy of legislation are stated. It is determined that the analogy of the law applies to relations that are not regulated by law, but should be in the field of legal regulation. It is emphasized that the analogy of legislation is used mainly by judicial bodies in their law enforcement acts, usually to clarify and supplement legislative provisions in the areas of legal regulation, which have gaps. It is noted that the analogy must comply with the fundamental principles of law. It is noted that the analogy of law, as well as the analogy of legislation, are inherent exclusively in private law areas of legal regulation. The article concludes that gaps in law and legislation can be overcome by analogy of law and analogy of legislation, respectively. Certain postulates of application of these means are defined.

Change in legislation in consumer society

2021 ◽  
pp. 125
Author(s):  
Pavel L. Likhter
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Public Law ◽  
Consumer Society ◽  
Planned Obsolescence ◽  
Public Interests ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Holistic Concept ◽  
Law Making

The article is devoted to the transformation of law-making and law-enforcement practice in the conditions of consumer society. The perception of a thing as an indicator of status, unjustified overestimation of the value of intellectual rights, property stratification, changes in the trade and financial spheres pose a threat to social, consumer and environmental security. The purpose of the article is to study the actual problems of legal regulation of such new manifestations of the era of consumerism as affluence, astroturfing, planned obsolescence, brand cult, etc. The analysis of the current situation makes it possible to state the need for wider application of public law methods of human rights protection. The author offers a study of the holistic concept of legal regulation in order to achieve an balance of private, public and public interests.

scholarly journals SOME TRENDS IN DEVELOPMENT OF THE RUSSIAN CIVIL LAW PROCESS: IMPACT OF THE DOCTRINE AND FOREIGN PRACTICES

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Сергей Синицын ◽  
Sergey Sinitsyn
Keyword(s):  
Law Enforcement ◽  
Large Scale ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Regulations ◽  
Dynamic Development ◽  
The Law ◽  
Market Relations ◽  
Law Making

Codification of civil legislation is not a one-time random phenomenon in law; it is preceded by a long and meticulous work which in modern Russia pursues the aims of creating legislation sources’ system levels that ensure stable, large-scale and comprehensive legal regulation of market relations required by the turnover. Work on modernization and renewal of the Civil Code forms an integral part of codification, it shows dynamic development of the system of civil legislation. Objectives of the civil legislation codification in ХХ—ХХI involve elimination of contradictions in legislation, regulatory consolidation of new law doctrines, well-established in law enforcement practice, their structuring in the sources of civil legislation system, rationalization of legal regulations. Status of legislation and its evaluation predetermine the tendencies of its development in future, allow forecasting, designating possible risks and priorities of the law-making process.

Risks in Constitutional Law

2016 ◽  
Vol 4 (12) ◽  
pp. 0-0 ◽  
Author(s):  
Татьяна Масловская ◽  
Tatyana Maslovskaya
Keyword(s):  
Law Enforcement ◽  
Constitutional Law ◽  
Legal Regulation ◽  
Risk Classification ◽  
Constitutional Reform ◽  
Legal Risk ◽  
Foreign Countries ◽  
Legal Risks ◽  
Legislative Activities ◽  
Law Making

The article analyzes and clarifies the concept of legal risk, and also contains the risk classification. The author has defined the special features of the constitutional-legal risks and has made a conclusion of their fundamental character. The author examines the key varieties of risks in the constitutional law — risks in the law-making and risks in law enforcement. The analysis of risks in legislative activities has taken a special place in a present study because of substantial nature such risks, which is related with the general problems of legal regulation. The risks arising from conducting of full and partial constitutional reform were also analyzed in the article in accordance with “circulation” of constitutional ideas and values. Institutional risks were mentioned as a particularly important risks. The author has made a few proposals to prevent, minimise and address risks in constitutional law. As a base of the study was used the legislation of Belarus, Russia and other foreign countries.

Judicial Rule-Making, Its Forms and Role in the Mechanism of Legal Regulation

2018 ◽  
pp. 50-57
Keyword(s):  
Law Enforcement ◽  
Theoretical Approach ◽  
Regulatory Mechanism ◽  
Legal Regulation ◽  
Legal Rule ◽  
Legal Rules ◽  
Lower Courts ◽  
Rule Making ◽  
Law Making ◽  
Over Time

The article is devoted to analysis of judicial rule-making activities performed by courts in Russia. Interpretation activity of the judiciary is not limited by understanding the sense of a legal rule, but also includes creation of specific legal rules. In the author’s opinion, legal constructions designed by courts (especially in private law) could be neither laws nor interpretation acts. But they bind the lower courts and have a special content. Considering the courts’ interpretational activities as a rule-making process is a new theoretical approach to the legal regulatory mechanism changing over time. Bringing the examples from court practice, the author shows that provisions of higher courts decisions can be used as a base for creation of new legal rules and their incorporation into normative legal acts (e. g. the Russian Civil Code). The author states that performing rule-making activity by courts is inevitable. The legislator and the judiciary do not oppose each other but do mutually enrich law-making and law-enforcement activities.

scholarly journals A CHOICE OF LEGAL ACT DURING LAW-MAKING PROCESS

2019 ◽  
Vol 7 (4) ◽  
pp. 1319-1324
Author(s):  
Mikhail B. Rumyantsev ◽  
Vladislav Yu. Turanin ◽  
Arsen V. Akopyan ◽  
Dina V. Alontseva ◽  
Olga V. Batova
Keyword(s):  
Law Enforcement ◽  
Self Regulation ◽  
Legal Regulation ◽  
Assessment Method ◽  
Education Students ◽  
The Public ◽  
The Law ◽  
Relationship Assessment ◽  
Political Economic ◽  
Law Making

Purpose: There is a problem of legal act choice during the law-making process considered in the paper. A method for step-by-step choice algorithm is advanced. The algorithm is associated with public relationship assessment. The public relationships to be regulated must have a certain social value. Methodology: The method for step-by-step choice is developed based on the public relationship assessment method extracted from law books. Despite existing in law books the criteria for public regulation needs, the method for act choice itself was not elaborated. The new methodological tools to create driving law-making researches are introduced. Result: The law-making solutions must appear from objective public relationships needs to change which are stem from the political, economic and social conditions considered. Law-making solution projects should be legally examined as well as drawn up through public discussion which can help to find optimal alternative of the solution. The problem of interrelation between harmonization and uniformization on different legal regulation levels is also marked. Self-Regulation in private law branch is represented to be maximally developed because the higher self-regulation the fewer laws, orders, regulations, and instructions to be adopted. All legal act choices should promote self-regulation as much as possible. This could reduce law-enforcement authorities’ load. Legal act choice is a weak scientific field in which much is to be done. Applications: This research can be used for the universities, teachers and education students. Novelty/Originality: In this research, the model choice of the legal act during law-making PROCESS is presented in a comprehensive and complete manner.

scholarly journals Local Government and Prosecutor’s Office: Problems of Legislative Regulation

2019 ◽  
Vol 6 (1) ◽  
pp. 172-177
Author(s):  
Alexander Anatol'evich Uvarov
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Legal Regulation ◽  
Local Authorities ◽  
The Rule Of Law ◽  
Joint Activities ◽  
Protection Of Human Rights ◽  
The One ◽  
Legal Mechanism ◽  
Law Making

On the basis of the analysis of legislation and juridical practice the article deals with the issues of optimization of the legal basis of interaction between local authorities and the prosecutor’s office. The purpose of this study is to solve the problems of legal regulation in the field of: implementation of prosecutorial supervision of law-making and other activities of local governments, cooperation of prosecutors and local authorities, assistance and assistance of prosecutors to local governments. The author examines the constitutional principles governing the activities of bodies of curator and local governments, their combination in areas of joint activity. At the same time it is concluded that the implementation of these principles is aimed, on the one hand, at the solution of state tasks to strengthen the rule of law, protection of human rights and freedoms and, on the other, - to expand the freedom and independence of local self-government. The article describes and classifies the forms of interaction between the prosecutor’s office and local authorities. Using the methods of scientific research (systematic, comparative legal, modeling, formal legal, etc.), the author comes to the conclusions about the insufficiency of the existing legal mechanism to optimize their joint activities on the issues of law-making and law enforcement, the need to supplement the current legislation with local forms of interaction initiated on the ground. The practical purpose of these and other conclusions is that they can be used in the preparation of relevant changes and additions to the federal legislation, as well as for educational purposes and practical work of the prosecutor’s office and local authorities.

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