scholarly journals The Concept of Administrative Law Prevention in the Modern Legal Thought

2021 ◽  
Vol 6 ◽  
pp. 26-29
Author(s):  
Aleksey M. Peresedov ◽  
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Authorities ◽  
Legal Thought ◽  
State Coercion ◽  
The Law ◽  
Modern Russian

In this article, the author studies the ideas of modern Russian scientists regarding administrative and legal prevention and its relationship with the mechanism of state coercion. In addition, the author analyzes the degree of compliance of such views with current Russian legislation and the law enforcement practice of public authorities.

scholarly journals Сoncepts and elements of judicial enforcement

2021 ◽  
Vol 2021 (2) ◽  
pp. 33-45
Author(s):  
L. P. Samofalov ◽  
◽  
О. L. Samofalov ◽  
Keyword(s):  
Law Enforcement ◽  
International Standards ◽  
Judicial Power ◽  
Judicial Reform ◽  
Public Authorities ◽  
Legal Form ◽  
Positive Law ◽  
The Law ◽  
Judicial Procedure ◽  
The Right

The problems of judicial enforcement are considered in the article. It is emphasized that judicial enforcement is a legal form of state functions implementation. The need to study this legal category is emphasized. This need is related to the harmonization of legislation with international standards, judicial reform, and increased protection of human rights. Different points of view of legal scholars concerning judicial enforcement are investigated. It is concluded that the judicial application of the law is based on the rules of positive law. A judge may not refuse to hear a case due to gaps in the law. Judicial enforcement is associated not only with the application of the law, but also with their interpretation, and sometimes lawmaking. On the one hand, the judiciary is a manifestation of power, and on the other it is the most rational and effective form of control over the activities of state power. It is stated in the article that justice, as a court activity carried out in the form of civil, administrative, criminal, economic and constitutional proceedings, takes place in the procedural forms established by law. Law enforcement activity of the court is a long, complex and systematic process. It has a specific purpose, that is a clearly defined value, which includes recognition of a person, their life, health, honor and dignity, inviolability and security. It is stated that law enforcement cannot be carried out beyond the principles of law, as they go through all the rules of law and are the basis of the legal system. The components of the rule of law are recognized by the international community. In particular, they are: – the right to appeal against the actions of public authorities; – free assessment by the court of the circumstances of the case; – independence and impartiality of judges; – independent judicial procedure, which covers fairness, openness, reasonable time for consideration of the case, availability of legal aid; – binding nature of court decisions. In order to ensure the proper judicial system functioning, it is proposed to amend the current legislation in the process of judicial reform. The conclusions to the article stipulate that the court performs both law enforcement and law-making functions. The essence of the administration of justice and judicial activity is reduced to the application of law. In the process of administering justice, the judiciary acts in clearly defined procedural forms. Judicial power, as a subject of constitutional regulation, is exercised precisely in justice, and justice is administered and administered by the court through judicial enforcement. Key words: judicial enforcement, justice, judicial activity, judicial power, judicial proceedings, judicial lawmaking.

Ensuring human rights in activities of law enforcement agencies

2017 ◽  
Author(s):  
Альфия Акмалова ◽  
Alfiya Akmalova ◽  
Владимир Капицын ◽  
Vladimir Kapitsyn
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
The State ◽  
International Standards ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
National Legislation ◽  
The Law ◽  
The Individual

In the textbook on the basis of consideration of international standards and national legislation in the field of the rights and freedoms of the individual are considered main mechanisms of their law-enforcement agencies. Special attention is paid to the analysis of the requirements to the law enforcement practice of public authorities concerning the rights of separate categories of citizens. The tutorial is intended for professionals studying in the direction of training "law Enforcement" and anyone involved in human rights activities, asked about the situation of the individual in society and the state.

scholarly journals EXECUTION OF ADMINISTRATIVE ORDERS ACCORDING TO SWISS ADMINISTRATIVE LAW

2019 ◽  
pp. 62-71
Author(s):  
Marc Steiner
Keyword(s):  
Administrative Law ◽  
Penal Code ◽  
Special Importance ◽  
Public Authorities ◽  
Administrative Procedure ◽  
The Law ◽  
The Difference ◽  
Debt Enforcement

This contribution elaborates on the rather seldom treated topic of “execution” of administrative acts which lies at the interface between the administrative law and the law on administrative procedure. Special importance hereby is attributed to remedies against decisions on the enforcement of administrative acts and other types of injunction, that are in connection with a threat of punishment in accordance with Article 292 of the Swiss Penal Code. With reference to a recent judgment of the Swiss Federal Administrative Court, the law on debt enforcement and bankruptcy is also explained pointing out the difference between the enforcement of administrative acts and the execution of contractual claims on the part of public authorities.

scholarly journals On the question of the signs of administrative Discretion

2021 ◽  
Vol 3 ◽  
pp. 48-51
Author(s):  
Y.V. Onosov ◽  
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Additional Research ◽  
Administrative Discretion ◽  
Internal Process ◽  
Judicial Control ◽  
Legal Science ◽  
Optimal Law Enforcement ◽  
The Subject ◽  
State Coercion

In legal science, the issue of judicial enforcement discretion seems to be the most studied, at the same time, the study of administrative law enforcement discretion does not cease to be relevant in view of its special specifics. The article attempts to highlight and analyze the essential characteristics of administrative discretion. According to the author, it is necessary to highlight and scientifically analyze a number of essential characteristics of administrative discretion: administrative discretion is a process of activities to select an optimal law enforcement decision by a subject of law, as well as the result of this activity; the presence in the legislation of legal mechanisms for limiting administrative discretion; implementation of administrative discretion in the application of measures of state coercion; administrative discretion is the best option for the balance between legality and expediency; the presence of freedom in the activities of the law enforcement body; the intellectual-volitional internal process of the subject of law applying. On the basis of the above, it is concluded that additional research is needed on the effectiveness of judicial control over the administrative discretion of state bodies

scholarly journals Ganti Kerugian dan Rehabilitasi Bentuk Perlindungan Terhadap Korban Tindak Pidana dan Korban Proses Penegakan Hukum di Indonesia

2020 ◽  
Vol 2 (1) ◽  
pp. 68
Author(s):  
Haeranah Haeranah ◽  
Amriyanto Amriyanto
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
The State ◽  
Judicial System ◽  
Procedural Law ◽  
The Future ◽  
Victims Of Crime ◽  
The Law

This research and analysis is interesting because the author divides victims into 2 (two) forms, namely, general victims of law enforcement processes and crimes. Compensation and rehabilitation are the rights of victims that the state must enforce through legal means. This research is a normative research through a conceptual and statutory approach and the legal materials obtained are analyzed in an explanatory-deductive. The results indicate that the normative aspects of the balance of regulations related to compensation and rehabilitation for victims of the law enforcement process and victims of crimes in the Indonesian judicial system are still partial, so that its realization still requires criminal procedural law, law civil procedural or a combination of the two, as well as through state administrative law facilities, especially rehabilitation. We note several shortcomings and weaknesses in the use of legal means in this document. the form of compensation for the victim is in cash, while rehabilitation is in the form of restoring the good name, dignity and respect. The mechanisms and procedures for enforcing compensation and rehabilitation for victims still need to be simplified in order to realize the rights of victims of crime and victims of a balanced law enforcement process in the future.

scholarly journals The Urgency of Environment Special Court to Enforce Environment Law

2021 ◽  
Vol 317 ◽  
pp. 01062
Author(s):  
Aju Putrijanti
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Administrative Law ◽  
Environmental Damage ◽  
Legal Research ◽  
Environmental System ◽  
Environmental Disputes ◽  
The Law ◽  
Special Environment

The massive damage to the environment brings loss for society. Meanwhile, development is essential. Act Number 32 the Year 2009 of Protection and Management of Environment regulates the law enforcement in private, penal and administrative law. Law enforcement in environmental cases, some are difficult to implement. This is legal research that uses the secondary data of journals, regulations, judge verdicts, and explanations to use descriptive analysis. Law enforcement is influenced by the environmental system of law consist of structure, substance and culture of law. The environment disputes file to general and administrative court with special regulations because it has to be held in line with other cases and takes more time to proceed. Law enforcement of judge verdict in environment disputes is difficult to implement, because the losing party disobedience to apply. The disobedience factor influences conservation and protection, which is needed by the society affects environmental damage, making regulation of sanctions given to losing party are less power. The high number of environmental disputes needs special environment courts to investigate faster, so there will be a mechanism to supervise law enforcement. Environment special court will only investigate environment disputes and does not interrupt with other cases, and it is expected that the judge will process it immediately.

scholarly journals Hukum Progresif dari Satjipto Rahardjo

2018 ◽  
Vol 1 (1) ◽  
pp. 159-185
Author(s):  
M. Zulfa Aulia
Keyword(s):  
Law Enforcement ◽  
Status Quo ◽  
Application Of Law ◽  
Legal Thought ◽  
Legal Problems ◽  
Legal Texts ◽  
The Status ◽  
The Law

This article attempts at discussing the so called Hukum Progresif (the Progressive Law), a legal thought indtroduced by Satjipto Rahardjo. The idea was beckgrounded with the concerns about the macro application of law in Indonesia, including after the 1998 reforms, which seemed to have failed to meet its ideal direction, namely to make people prosper and happy. What happens with law-enforcement is a downturn and decline, among others seen in the judicial mafia, commercialization, and commodification of the law. To overcome such circumstances, according to Satjipto Rahardjo with hukum progresif, the punishment method must dare to break out of conventional ways and the status quo. The legal texts that have been prioritized should be regarded as being destined for humans and humanity. Law actors must dare to interpret legal texts by freeing themselves from the logic of the law alone, making the leap, so that problems in a dynamic society can be answered and resolved by “containers of static law”. This article shows that the hukum progresif can be a panacea in solving corruptive legal problems due to the limitations and attachments of legal texts, with the requirements of law actors behaving well. However, the mention of hukum progresif in the judgment or the determination of the law of a particular case is also very vulnerable to cause its own problems because it can be pinned speakers arbitrarily to identify the punishment which (as long as it is) out of the text of the law. Abstrak Artikel ini mendiskusikan Hukum Progresif, sebuah gagasan atau pemikiran hukum yang diperkenalkan Satjipto Rahardjo. Gagasan tersebut bermula dari keprihatinan terhadap kehidupan berhukum secara makro di Indonesia termasuk setelah reformasi 1998 yang tidak beranjak ke arah yang ideal, yaitu menyejahterakan dan membahagiakan rakyatnya. Apa yang terjadi dengan kehidupan berhukum justru suatu keterpurukan dan kemunduruan, antara lain terlihat pada mafia peradilan, komersialisasi, dan komodifikasi hukum. Untuk mengatasi keadaan demikian, menurut Satjipto Rahardjo dengan hukum progresifnya, maka berhukum harus berani keluar dari cara-cara konvensional dan status quo. Teks hukum yang selama ini didewakan harus dianggap sebagai sesuatu yang diperuntukkan untuk manusia dan kemanusiaan. Para pelaku atau aktor hukum harus berani menafsirkan teks hukum dengan membebaskan diri dari logika hukum semata, melakukan lompatan, agar persoalan di masyarakat yang bergerak secara dinamis dapat dijawab dan diselesaikan dengan “wadah hukum yang statis”. Artikel ini menunjukkan, hukum progresif bisa menjawab persoalan hukum yang karut-marut disebabkan keterbatasan dan keterikatan teks hukum, dengan catatan para aktor hukumnya berperilaku baik. Namun begitu, labelisasi berhukum sebagai hukum progresif rentan menimbulkan persoalan tersendiri disebabkan bisa disematkan penuturnya secara mudah dan sembarangan untuk mengidentifikasi putusan atau penetapan hukum kasus tertentu yang (asalkan saja) keluar dari teks hukum.

scholarly journals An Analysis on the Control of Administrative Discretion

2021 ◽  
Vol 9 (4) ◽  
Author(s):  
Xiaojian Feng
Keyword(s):  
Law Enforcement ◽  
Judicial Review ◽  
Administrative Law ◽  
Discretionary Power ◽  
Administrative Discretion ◽  
Administrative Agency ◽  
Administrative Power ◽  
Law Enforcement Agency ◽  
Administrative Agencies ◽  
The Law

Administrative discretion means that administrative agencies can exercise their rights based on their own judgment and actual conditions when dealing with matters that are not authorized by the law or have not made detailed provisions.The existence of administrative discretion is not only the result of the expansion of administrative power,but also to adapt to administrative differences in different regions and departments,and to maintain social fairness and justice.However,the existence of rights leads to abuse and corruption,which requires the legislature to control the problem of excessive discretionary power from the source. The administrative law enforcement agency further improves the administrative reconsideration,strengthens the selection and supervision of the staff of the administrative agency,and the judicial agency improves the judicial review.

Sign in / Sign up

Export Citation Format

Share Document