scholarly journals Features of the judicial practice influence on the sphere of law enforcement activity of internal affairs bodies

2019 ◽  
pp. 65-67
Author(s):  
Svetlana Sergeevna Nikolaeva ◽  
Lubov Konstantinovna Fortova
Keyword(s):  
Law Enforcement ◽  
Court Decisions ◽  
Judicial Practice ◽  
The Law ◽  
Internal Affairs ◽  
The Concept Of Law ◽  
Enforcement Activity ◽  
Concept Of Law

This article analyzes the concept of law enforcement activity of internal affairs bodies, as well as its interconnection with judicial practice. Concrete examples of judicial practice that are directly relevant for the law enforcement acivity of internal affairs bodies are examined and the significance of these court decisions is assessed.

Legal Means of Procuring the Unity Application of the Criminal Procedure Law

2020 ◽  
Vol 27 (2) ◽  
pp. 156-169
Author(s):  
Olha Shylo ◽  
Nataliia Hlynska
Keyword(s):  
Law Enforcement ◽  
Scientific Development ◽  
General Mechanism ◽  
Judicial Reform ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
The Subject ◽  
The Law

Ensuring the unity of judicial practice is the implementation of the legal certainty principle, which is considered as the part of the rule of law, ensures the predictability of court decisions. At the theoretical level, the issues of the unity of judicial practice are mostly the subject of research in the context of judicial reform and the judiciary, but comprehensive research on this issue in the field of modern criminal justice is almost absent. The purpose of the study is to establish a system of legal means to ensure the unity of judicial practice. The methodological basis of the study was based on general and special methods, namely: dialectical, systematic, formal-legal and logical methods. The authors provide a brief overview of the theoretical provisions that determine the socio-legal value of the unity of law enforcement practice. The concept of "unity of judicial practice" in the field of criminal proceedings is analyzed and it was emphasized the usage of the approach of understanding the unity of judicial practice as a synonym of equal (adjustment) application of procedural and material norms in homogeneous categories of court decisions, which are adopted in the course of criminal proceedings. It is established that the limit of permitted differences in the application of the law is quite flexible and informal. It is established that the quality of the law cannot be assessed in isolation from the practice of its application. The authors also emphasize the instrumental role of judicial practice in the general mechanism of ensuring uniformity of law enforcement. A position was expressed on the role of explanations of the Plenum of the Supreme Court in the general mechanism of ensuring the unity of judicial practice. It is established that the system of legal means to ensure the unity of application of the law in the field of criminal proceedings consists of a set of interrelated elements. The results of the study can be used in further scientific development of the problem of ensuring the unity of judicial practice, scientific substantiation of proposals aimed to improve the current legislation of Ukraine, which regulates the issues that have become the subject of this research

scholarly journals Consistency of Law Enforcement Practice in Matters of Deviation from the Principle of Equality of the Spouses’ Shares in Their Common Property

Legal Concept ◽  
2021 ◽  
pp. 116-124
Author(s):  
Natalia Ablyatipova ◽  
Keyword(s):  
Law Enforcement ◽  
Common Property ◽  
General Rule ◽  
Court Decisions ◽  
Judicial Practice ◽  
Marital Property ◽  
The Law ◽  
The Right ◽  
Joint Property

Introduction: the issues of the division of the jointly acquired property of spouses do not lose their relevance. As a general rule, in the absence of an agreement between the spouses, the division is carried out in court based on the legally established presumption of equality of shares, regardless of the method of participation in the formation of joint property. However, this principle is not absolute and the court has the right to deviate from the principle of equality by increasing the share of one of the spouses. Meanwhile, the possibility of increasing the share in the marital property is interpreted ambiguously in law enforcement, and the incorrect interpretation of the norm is revealed. In this regard, the author sets the goal: to summarize the approaches developed by the judicial practice on this issue, to identify and analyze the grounds for deviation from the principle of equality of shares in the division of property of spouses. Results: the reasons for the increase in the marital share are investigated, the problems of determining the criteria are identified, and the inconsistency of court decisions in similar cases when considering the categories “child’s interest” and “spouse’s interest” is established. Conclusions: based on the analysis of the legislation and materials of judicial practice, the problems of applying the grounds for derogating from the equality of the shares of spouses in the division of jointly acquired property and the ambiguity of the law enforcement are highlighted. Based on the results of the work, the author has developed some practical proposals and recommendations for improving the legislation.

scholarly journals State Service in the Law Enforcement Sphere and Its Major Features

2020 ◽  
Vol 14 (4) ◽  
pp. 507-513
Author(s):  
R.V. Nagornykh ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
State Service ◽  
Functional Features ◽  
The Law ◽  
Characteristic Features ◽  
The Concept Of Law ◽  
Enforcement Activity

The article investigates the main features of state service in the law enforcement sphere and the place of state service in administrative and legal regulation mechanism. The goals of the work are as follows: to consider state service in the law enforcement sphere as a single legal category, to reveal its essence and characteristic features as a social system, to provide a scientific classification of its constituent elements and disclose their administrative and legal content. We highlight the following main functional features of those state bodies the service in which can be calledlaw enforcement activity:state and power-based nature of activity, exercising executive and administrative powers, special functional and target purpose, application of special measures of legal influence based on the use of persuasion and coercion methods, and a special legal status. We conclude that practical solution to the question of classifying state service in a particular state body as law enforcement activity may be found through legislative definition of the concept of law enforcement activity of the state, law enforcement functions of state authorities, and the system of state authorities exercising law enforcement functions.

Law and Protestantism in Denmark

2016 ◽  
Vol 102 (1) ◽  
pp. 406-418
Author(s):  
Ditlev Tamm
Keyword(s):  
Criminal Law ◽  
Marriage Law ◽  
The Reformation ◽  
The Law ◽  
The Concept Of Law ◽  
The Church ◽  
Concept Of Law ◽  
Catholic Bishops

Abstract This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church. The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582.

Introduction: The Guiding Ideas

2018 ◽  
Author(s):  
Philip Pettit
Keyword(s):  
Undergraduate Student ◽  
The Law ◽  
The Concept Of Law ◽  
Scholastic Philosophy ◽  
Concept Of Law

H.L.A. Hart’s (1961) book The Concept of Law already caught my fancy as an undergraduate student in Ireland. It seemed to do more in illumination of its theme than most of the tomes in analytical, continental or scholastic philosophy to which I was introduced in a wonderfully idiosyncratic syllabus. What I attempt here, many years later, is guided by a desire to explore the possibility of providing for ethics and morality the sort of perspective that Hart gave us on the law....

REGULATORY AND LEGAL FUNCTIONING OF POWERS OF INTERNAL AFFAIRS ON THE EXAMPLE OF THE ACTIVITIES OF ROAD PATROL AND PATROL POST SERVICES OF POLICE

2021 ◽  
pp. 50-59
Author(s):  
Ф.Н. Зейналов
Keyword(s):  
Law Enforcement ◽  
Road Safety ◽  
Legal Framework ◽  
Educational Process ◽  
Federal Legislation ◽  
Educational Organizations ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
Internal Affairs ◽  
Legislative Activities

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.

Some aspects of studying public opinion of the population of the Orel region of activities of the Department of Internal Affairs

2016 ◽  
Vol 11 (4) ◽  
pp. 46-53
Author(s):  
Гаврилин ◽  
Sergey Gavrilin
Keyword(s):  
Public Opinion ◽  
Law Enforcement ◽  
Data Structures ◽  
Professional Competence ◽  
Sociological Research ◽  
Administrative Practices ◽  
Immoral Behavior ◽  
The Law ◽  
Internal Affairs

The article presents the results of sociological research reflecting opinion of the citizens of the Orel region on the activities of the law-enforcement bodies. It is shown that the lack of professional competence, immoral behavior of workers, the violation of laws by them, indifference to people, poor culture of communication reduce the credibility of law-enforcement bodies. It is determined that the inclusion of public opinion in the system of adjustments of the administrative practices of the law-enforcement bodies is aimed at increasing the credibility of the data structures among the population. Some recommendations to increase the level of population confidence of the region to the law-enforcement bodies are suggested.

scholarly journals Role of the Plenum of Russian Supreme Court in the judicial practice formation

2022 ◽  
Vol 5 (4) ◽  
pp. 209-225
Author(s):  
Yu. S. Pestereva ◽  
I. G. Ragozina ◽  
E. I. Chekmezova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Complex Analysis ◽  
The Other ◽  
Judicial Discretion ◽  
Dialectical Theory ◽  
Judicial Practice ◽  
Other Hand ◽  
The Law

The subject. The article considers the role of the Plenum of Russian Supreme in forming judicial practice on the example of giving qualification to the crimes committed against sexual freedom and inviolability, as well as against property and public health.The objective of the article is to conduct a complex analysis of the function of the decisions, taken by the Plenum of Russian Supreme Court, in the formation of a unified vector of judicial practice. The authors dare to refute the hypothesis hat judicial practice can be recognized as a source of law.The methodological basis of the research is the dialectical theory of development and interrelation of phenomena. Historical, formal-logical, systematic methods of knowledge have been identified as relevant to the topic of the study.The main results, scope of application. The authors draw attention to the problem of evaluative features used in the process of law enforcement when interpreting the norms of the Special Part of the Criminal Code of the Russian Federation. A norm with such signs acquires an unformalized essence from the point of view of the boundaries of criminalization of a particular phenomenon. On the other hand, the nature of crimes is so diverse that without the flexibility of criminal law regulation (allowing the use of evaluative features), the application of the norm taking into account specific circumstances in a particular case may not be possible. The authors also consider issues related to the characteristics of the objective side, the end time of these crimes, the application of the formula of a single ongoing crime and its separation from related compounds. The process of law enforcement is based on such guidelines as the norms of law, judicial discretion, established judicial practice, the position of the Plenum of Russian Supreme Court. Attributing an explanatory role to the decisions of the Plenum of Russian Supreme Court does not completely eliminate the shortcomings inherent in legal technology. Correcting the current situation with the help of judicial discretion is not always justified, since this is possible only if there is a legitimate alternative. Assigning the status of a precedent to a judicial decision may lead to the substitution of the law by decisions taken in a particular case.Conclusions. The judicial practice concerning these issues is completely different. Despite the existence of similar situations, courts, as a rule, qualify an offense using various norms of the law, which negatively affects compliance with the principle of legality. The issue related to the function of the decisions of the Plenum of Russian Supreme Court in the formation of a single vector of judicial practice has been and remains debatable. The continued addition of new articles to criminal legislation, on the one hand, indicates the desire of the legislator to bring it to perfection, but, on the other hand, forms a mechanism for clarifying the rules of its application, which sometimes leads to their contradictory interpretation. At the same time, crime and punishment should be determined only by legislation.

scholarly journals Some challenges in developing and implementing comprehensive crime-fighting programmes

2019 ◽  
pp. 187-191
Author(s):  
Oleg Morozov ◽  
Oleg Korelov
Keyword(s):  
Law Enforcement ◽  
Systematic Approach ◽  
Current State ◽  
The Law ◽  
Internal Affairs ◽  
Social Management ◽  
Law Enforcement Management

On the basis of a systematic approach, the general problems of using the law enforcement management of the bodies of internal Affairs software method are addressed. The current state of programming is considered; in the network of general patterns of social management the main areas of improvement of this work are proposed.

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

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