scholarly journals Leader in law theory: in memory of Alexander Fedorovich Cherdantsev

2021 ◽  
Vol 25 (4) ◽  
pp. 917-929
Author(s):  
Nikolay A. Vlasenko
Keyword(s):  
Legal Norm ◽  
Integrative Approach ◽  
Legal Regulations ◽  
Legal Norms ◽  
Educational Literature ◽  
Legal Science ◽  
Scientific Papers ◽  
Legal Theorist

The article is dedicated to the memory of Professor A.F. Cherdantsev, a well-known Russian legal theorist. In the focus are creative periods of the scientist's life. Particular attention is paid to his contribution to the development of legal science with the emphasis on law interpretation, scientists achievements in the field of investigating epistemological nature, values (principles) of interpretation of legal norms, formulation of linguistic, systemic and other rules. The author's contribution to the development of methodology of law and his criticism of the integrative approach in jurisprudence have also been illustrated. The article analyzes the scholars development of the legal norm doctrine, its structure, technical and legal regulations, etc. His contribution to the development of educational literature is separately considered and highly appreciated. The tribute is also given to his individual scientific papers. It is proposed to systematize and republish Professor Cherdantsevs works.

O wymogu niefragmentarycznej interpretacji tekstu prawnego. Perspektywa prawodawcy

2021 ◽  
pp. 102-113
Author(s):  
Sławomir Lewandowski
Keyword(s):  
Legal Norm ◽  
Legal Regulations ◽  
Appropriate Use ◽  
Legal Text ◽  
Legal Norms

The legislative standard is the coding of legal norms in legal regulations, because the lawmaker has no need, or even the possibility, to directly present the fully developed legal norms. This coding process enforces the fragmentation of a legal norm, which in turn results in the fact that the interpretation of a legal text, as a process opposite to the activities of the lawmaker, must be non-fragmentary. The lawmaker can and should provide the interpreter with guidelines on how to carry out this non-fragmentary interpretation, and especially indicate which fragments of the legal text are to be related to each other in this interpretation and how to bind them together. The lawmaker may find it extremely helpful in the implementation of this task to make appropriate use of the means of legislative technique, in particular the systematics of a normative act and the references contained in these acts.

scholarly journals Pengaturan Kewenangan Notaris Melakukan Pengesahan Fotokopi Surat dengan Aslinya

Acta Comitas ◽  
2019 ◽  
Vol 3 (3) ◽  
pp. 535
Author(s):  
I Dewa Gede Ngurah Anandika Atmaja
Keyword(s):  
Journal Writing ◽  
Scientific Journal ◽  
Legal Norm ◽  
Legal Certainty ◽  
Legal Norms ◽  
Original Letter ◽  
Legal Science ◽  
The Future

Article 15 paragraph (2) letter d UUJN-P concerning the authority of Notaries to approve the suitability of a photocopy with the original letter there is an obscurity of legal norms which gives rise to multiple interpretations in terms of validating the suitability of photocopies made by a Notary in accordance with the original letter which does not provide clarity of understanding of how the Notary to do matching and any letter that can be validated by a Notary. The writing of this journal aims to develop Notary Legal Science that examines the authority of the Notary to validate the suitability of the photocopy with the original letter. The study of scientific journal writing uses a type of normative research that departs from the obscurity of legal norms Article 15 paragraph (2) letter d UUNJ-P regarding the authority of a Notary to authorize the compatibility of a photocopy with the original letter. The results of this journal research is legal certainty Article 15 paragraph (2) letter d UUJN-P related to the authority of the Notary in validating the suitability of the photocopy with the original letter there is still a vague legal norm that does not provide clarity of understanding of how the Notary does the matching and what letter matching validation can be done. The authority of the Notary in ensuring the correctness of the suitability of the photocopy with the original letter whether or not having the authority in the study of the author is a Notary having the authority stipulated in the provisions of Article 15 paragraph (2) letter d UUJN-P but in this case it needs to be corrected in the future considering UUJN-P is not provide legal certainty to the extent of the authority of the Notary in validating the suitability of the photocopy with the original letter. Berdasarkan Pasal 15 ayat (2) huruf d Undang-Undang Nomor 2 Tahun 2014 tentang Perubahan Atas Undang Undang Nomor 30 Tahun 2004 tentang Jabatan Notaris mengenai kewenangan Notaris melakukan pengesahan kesesuaian fotokopi dengan surat aslinya terdapat kekaburan norma hukum yang menimbulkan multitafsir dalam hal pengesahan kecocokan fotokopi yang dilakukan oleh Notaris sesuai dengan surat aslinya yang tidak memberikan kejelasan pemahaman tentang bagaimana cara Notaris untuk melakukan pencocokan fotokopi dengan surat asli dan apa saja yang dapat dilakukan oleh Notaris untuk mengetahui keaslian fotocopi dokumen yang diberikan penghadap dalam melaksanakan pengesahan pencocokan sesuai dengan aslinya.Tujuan penulisan jurnal ini guna mengembangkan Ilmu Hukum Kenotariatan yang mengkaji tugas Notaris melakukan pengesahan kecocokan fotokopi dengan surat aslinya. Penelitian penulisan jurnal ilmiah ini menggunakan metode penelitian  normatif yang berawal dari adanya kekaburan norma hukum Pasal 15 ayat (2) huruf d UUNJ-P mengenai kewenangan Notaris untuk melakukan pengesahan kecocokan fotokopi dengan surat aslinya. Hasil penelitian jurnal ini adalah kepastian hukum Pasal 15 ayat (2) huruf d UUJN-P terkait kewenangan Notaris dalam mengesahkan kesesuaian fotokopi dengan surat aslinya masih terdapat kekaburan norma hukum. Kekaburan tersebut tidak memberikan kejelasan pemahaman tentang bagaimana cara Notaris dapat mengetahui pencocokan fotocopy surat yang akan dicocokan dapat dikatakan asli. Kewenangan Notaris dalam memastikan kebenaran kesesuaian fotokopi surat dengan surat aslinya tertdapat dalam ketentuan Pasal 15 ayat (2) huruf d UUJN-P akan tetapi hal ini kedepannya perlu dilakukan pembenahan mengingat dalam pasal tersebut tidak memberikan kepastian hukum sejauh mana kewenangan Notaris dapat melakukan pengesahkan persesuaian fotokopi dengan surat aslinya.

scholarly journals Tax Sanctions as the Institutions Conditioning Efficiency of Collecting Tax Information – Limits of Legal Regulations

2020 ◽  
Vol 29 (4) ◽  
pp. 189
Author(s):  
Paweł Majka
Keyword(s):  
International Law ◽  
Degree Of Saturation ◽  
Tax Law ◽  
Legal Regulations ◽  
Legal Norms ◽  
The Subject ◽  
The Law ◽  
Principle Of Proportionality

<p>The subject of the study is to outline the boundaries within the legislator may sanction the obligations to provide information to tax authorities using tax sanctions. The author analyzes tax sanctions as instruments guaranteeing the effectiveness of legal norms related to information obligations in the light of the protection of the taxpayer’s rights. In the author’s opinion, there is a clear outline of the possible shape of the sanction, which limits the legislator in excessive interference with the rights of taxpayers. These limits, both in national and international law, are determined primarily by the principle of proportionality, which is decisive for the degree of discomfort associated with the application of sanctions. It should be indicated that the shape limits of these sanctions, characterized in this study, guarantee, in turn, the protection of the rights of these entities. At the same time, it should be emphasized that tax sanctions are, in principle, a complementary element of the system of the guarantees of the law effectiveness and the legislator deciding on their wider use should properly balance the degree of “saturation” of tax law with sanctions taking into account its nature.</p>

scholarly journals Ochrona prawna tradycyjnej wiedzy rolniczej dotyczącej zasobów genetycznych

2020 ◽  
Vol 29 (2) ◽  
pp. 25
Author(s):  
Paweł Gała
Keyword(s):  
Intellectual Property ◽  
Conceptual Framework ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Modern Science ◽  
Legal Protection ◽  
Legal Regulations ◽  
Legal Norms ◽  
Living Organisms

<p>Traditional knowledge, including genetic resources of living organisms, especially plants, plays an extremely important role also in the development of modern science and present-day industry. This prompts us to consider the need, scope, and model of legal protection for such knowledge, both for the needs of the communities that create and cultivate it and for the wider public good. The present article includes an analysis of international legal regulations concerning the protection of traditional knowledge, with particular emphasis on the knowledge related to genetic resources, as well as legal works in this field. The considerations cover issues related to the development of the conceptual framework of such legal norms and the foundations of the legal protection of traditional knowledge, in particular the arguments concerning the need for such protection. The article also presents the basic types of intellectual property rights that can be the basis for legal protection of traditional knowledge.</p>

scholarly journals CLASSIFICATION OF CRIME OBJECTS IN THE CONCEPTUAL POSITIONS OF THE THEORY OF STATE AND LAW

2019 ◽  
pp. 22-25
Author(s):  
O. H. Panchenko
Keyword(s):  
Social Relations ◽  
Direct Object ◽  
Legal Norm ◽  
Legal Norms ◽  
The Social ◽  
Specific Object ◽  
Categorical Classification ◽  
General Object ◽  
Single Set

The article examines the specifics of the philosophical and legal classification of crime in the conceptual positions of the theory of state and law. The categorical classification of the objects of the crime system as structured vertically and structured horizontally, which allowed distribution of crimes directly, kind, generic, general, was analyzed. It is shown that the general object of the crime is traditionally in the conceptual positions of the theory of state and law called the whole set of social relations, which are protected by criminal law. The generic object of the crime is a certain circle of homogeneous economic, social, political content of social relations, which, for some reason, should be protected by a single set of legal norms. It is made general that the specific object of a crime is a set of social relations within the generic object, which reflect the same interest of the participants in such relations or express though the nonidentical, but closely interrelated interests. The direct object of the crime is those specifically social relations, set by the legislator under the protection of a certain legal norm. It is shown that structured horizontal objects of crime are distributed directly to the main and directly additional. It is traced that under the direct object of the crime is understood those social relations, the violation of which is the social content of the crime and for the protection of which there is a legal norm, which implies responsibility for the commission of the crime. Under the direct additional object of the crime are those social relations, the encroachment on which does not constitute the content of the crime, but the commission of such a crime is always caused damage. It is concluded that the study of the concept of crime within the conceptual concepts of the theory of state and law is justified by the subject of its study. The fundamental questions in this context arose the problem of what exactly is the legal facts, which, depending on the result, can be classified categorically into legal, lawful, and law-stopping. It is proved that the most important is the distribution of legal facts by their individual connection with the participants in the legal relationship. Thus, according to the categorical regularity of concepts of the theory of state and law, wrongful actions are divided, first, into offenses, that is, crimes and misdemeanors; and secondly, on objectively unlawful acts.

The Conceptual Framework of the Information and Telecommunication Law: Enforcement Issues

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Людмила Терещенко ◽  
Lyudmila Tyeryeyenko
Keyword(s):  
Law Enforcement ◽  
Conceptual Framework ◽  
Internet Technology ◽  
The Internet ◽  
Legal Certainty ◽  
Legal Norms ◽  
Communication Law ◽  
Legal Science ◽  
Information Law ◽  
Use Of Internet

This article analyzes the existing conceptual framework of the information and telecommunication law in general and those norms, which recently have been included into the legislation of terms and their definitions, and relation of the terms used. It is shown that information law and communication law are heavily influenced by the information and telecommunication technologies, the Internet. First and foremost these technologies are sources of new terms in law. It is noted that the use of Internet technology arises questions in legal science: whether regulation is required within emerging relationships, whether it is possible to apply existing &#34;traditional&#34; legal norms and whether law is really able to influence these relationships. Given the fact that a mandative feature of norms established by a State should be legal certainty, it is necessary to adapt the new terms to law, to include them into the framework and to provide adequate definitions.

scholarly journals WHY LEGAL THEORY IS POLITICAL PHILOSOPHY

Legal Theory ◽  
2013 ◽  
Vol 19 (4) ◽  
pp. 331-346
Author(s):  
William A. Edmundson
Keyword(s):  
Political Philosophy ◽  
Legal Theory ◽  
Moral Judgments ◽  
Legal Institutions ◽  
Legal Norms ◽  
Evaluative Judgments ◽  
Adequate Theory ◽  
The Concept Of Law ◽  
Theory Of Law ◽  
Legal Theorist

The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means “saving the truisms” as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to dismiss them as false of law or not of the essence of law. Thus the legal theorist must give an account of the truth grounds of the more central evaluative truisms about law. This account is a theory of legitimacy. It will contain framing judgments that state logical relations between descriptive judgments and directly evaluative judgments. Framing judgments are not directly evaluative, nor do they entail directly evaluative judgments, but they are nonetheless moral judgments. Therefore, an adequate theory of law must make (some) moral judgments. This means that an adequate theory of law has to take a stand on certain (but not all) contested issues in political philosophy. Legal theory is thus a branch of political philosophy. Moreover, one cannot be a moral-aim functionalist about legal institutions without compromising one's positivism about legal norms.

scholarly journals Interpretative Norms: The Concept and Legal Nature

Legal Concept ◽  
2021 ◽  
pp. 73-78
Author(s):  
Evgeny Terekhov ◽  
Keyword(s):  
Current System ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Methodological Framework ◽  
Legal Norms ◽  
Legal Science ◽  
Legal Nature ◽  
The Common ◽  
Russian Law ◽  
System Today

Introduction: a legal interpretation activity is an independent type of legal activity. Despite this, its system today is rather poorly studied, which leads to the contradictions in the formation of interpretative practice. One of the elements of the system of legal interpretation activity is interpretative norms, which in legal science have not been distinguished as an independent legal category and have not been comprehensively studied. Purpose: to establish the truth in the issue of distinguishing interpretative norms as an independent legal category. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including consistency, analysis, comparative legal, formal legal. Results: the author’s position grounded in the work is based on the study of the term “interpretative norms”, as well as their comparative analysis with the norms of law to identify the common and individual features. Conclusions: as a result of the conducted research, it is established that interpretative norms should be considered in the legal science as an independent legal category. This is confirmed by the possibility of distinguishing one’s own concept, as well as the presence of an individual legal nature. The current system of Russian law is an interdependent tandem of legal norms and interpretative norms, which interact with each other, allowing the most optimal way to achieve the goals of the legal regulation.

scholarly journals Criteria, procedure and evaluation of results of dissertational researches on the theory and history of law, government and jurisprudence in Russia (1802-2014)

2016 ◽  
Vol 3 (2) ◽  
pp. 42-48
Author(s):  
A N Yakushev ◽  
S A Komarov
Keyword(s):  
Research Development ◽  
Legal Regulations ◽  
Preliminary Results ◽  
Legal Science ◽  
Dissertation Research ◽  
Science In Russia ◽  
History Of ◽  
History Of Law

The preliminary results of the research, development gaps, status, problems, statistics, and legal errors in relation to the criteria, procedure and evaluation of results of dissertational researches on the theory and history of law state and legal science in Russia in the period from 1802 to 2014. Formulate intended new proposals for replenishment and change of legal regulations, re-pulirula procedure for evaluating the dissertation research and the sweet-tions.

scholarly journals Common Law legal norm

2021 ◽  
pp. 15-29
Author(s):  
Damir Šite
Keyword(s):  
Common Law ◽  
Legal Norm ◽  
Legal Systems ◽  
Legal Norms ◽  
Language Structure ◽  
Anglo American

In this paper the author attempts to define the otherness of common law legal norm in relation to that of a civilian one, through the analysis of differences identified in their formation and language. The first part deals with similarities and discrepancies in the process of creating a legal norm within two major legal families, examining the operational particularities of the two fundamentally different norm-creators. In this respect, the paper presents essential dissimilarities between the activities of a parliament as a legislator, opposed to an Anglo-American court as a creator of a binding precedent. The second part is dedicated to the analysis of the language of legal norm in two major European legal systems. The paper examines the language structure both in common law and civilian legal norms, as well as its limitations based on the particularities of forums in which they were created: the parliament and the court.

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