scholarly journals Review of the monograph: Malko, A.V., Lipinsky, D.A., Musatkina, A.A. (eds.). (2020) Legal responsibility in the legal system of Russia: regulatory and legal implementation problems of relationships, interactions and contradictions. Moscow, RIOR Publ.

2021 ◽  
Vol 25 (4) ◽  
pp. 946-950
Author(s):  
Victoria V. Bolgova
Keyword(s):  
Legal System ◽  
Research Problem ◽  
Legal Responsibility ◽  
Modern Theory ◽  
Monographic Study ◽  
Implementation Problems

The review of the collective monograph Legal responsibility in the legal system of Russia: regulatory and legal implementation problems of interconnections, interactions and contradictions assesses the content of a monographic study and evaluates contribution of its authors to the modern theory of legal responsibility. The review formulates critical remarks and suggestions on the research problem.

Private property, public access and occupiers’ liability

Legal Studies ◽  
1995 ◽  
Vol 15 (3) ◽  
pp. 335-355
Author(s):  
FR Barker ◽  
NDM Parry
Keyword(s):  
Legal System ◽  
Private Property ◽  
Good Deal ◽  
Public Access ◽  
The Other ◽  
Legal Responsibility ◽  
Policy Preference ◽  
Duty Of Care ◽  
Liability Rules ◽  
Legal Rules

There is nothing new about legal rules which provide that a person who is in control of land owes a duty of care to entrants thereto. These occupiers’ liability rules are often seen as something primarily to do with tort, but their content and substance are also likely to reveal a good deal about the ‘property policy’ of the legal system in question, in the sense that they will indicate the respective weight and importance attachkd to various kinds of competing claim over land. A legal system containing rules that restrict the circumstances in which those with individual, controlling claims over land owe a duty of care to other persons entering that land would appear to indicate a policy preference for supporting and protecting ‘private property’ claims to land above others. On the other hand, a system which imposes on those controlling land a greater degree of legal responsibility for persons entering thereon may be one based on a policy of recognising, protecting and supporting a range of claims in land beyond those of a narrow, private nature.

scholarly journals THE LAST WOLF. THOMAS HOBBES’ PHILOSOPHY OF CRIME AND PUNISHMENT

2019 ◽  
Vol 1 (1) ◽  
pp. 75-127
Author(s):  
Silvia Alves
Keyword(s):  
Political Science ◽  
Legal System ◽  
Legal Theory ◽  
Thomas Hobbes ◽  
Modern Theory ◽  
Judicial Discretion ◽  
Crime And Punishment ◽  
Ex Post ◽  
Ex Post Facto ◽  
The Right

This article draws a reconstruction of Thomas Hobbes’ philosophy of crime and punishment. In Leviathan or Philosophical rudiments (De Cive) political science, legal theory and philosophy of crime and punishment compose a coherent unity. This scenario where power and law emerge allows to erect an extraordinarily modern theory that shelters preference for statutory law and suspicion of judicial discretion; consistency and predictability of the legal system; preventism and utilitarianism on punishments; prohibition of ex post facto laws and, in general, defense of strict legality. Boldness and the disconcerting frankness of Hobbes’ thinking coexist with some defiant antinomies. The duty to obey never eclipses the inalienable right to self-preservation. And the theorist of absolute sovereignty can present himself as an unexpected liberal. But perhaps the most disturbing is the permanent reminder that punishment remains brutal violence. The right to punish and the right to resist are the brutal remains of the state of nature.

Aspekty prawne przeciwdziałania i zwalczania prania pieniędzy w Polsce. Wyzwanie dla polskich instytucji finansowych

2019 ◽  
Vol 77 ◽  
pp. 7-22
Author(s):  
Małgorzata Brulińska
Keyword(s):  
Money Laundering ◽  
Financial Institutions ◽  
Legal System ◽  
Task Force ◽  
Research Problem ◽  
National System ◽  
Legal Challenges ◽  
New Challenges ◽  
Financing Of Terrorism

This publication consists of two parts: The first part concerns new challenges, which financial institutions will have to meet on the basis of the new act on counteracting money laundering and financing of terrorism (Dz.U. 2018, item 723), which came into force on 13 July 2018 and implement the provisions of Directive of the European Parliament and of the Council (EU) 2015/849 of 20 May 2015 to the Polish legal system. and introduces revised Financial Task Force (FATF) recommendations. The changes are aimed to increasing the effectiveness of the national system of counteracting money laundering and financing of terrorism and will have a significant impact on the functioning of the Polish financial institutions. The second part focuses on presenting long-term challenges in the area of AML (Anti-Money Laundering) / FTR (Financial Transaction Report) that will be faced by Polish financial institutions. The research problem is the question, which legal challenges will appear for the Polish institutions at the time of entry into force of the Act of 1 March 2018 on counteracting money laundering and financing of terrorism and what new challenges will face the legislator (and not only legislator) in the further future.

scholarly journals When Institutional Multiplicity Backfires: The Battle Over the Jurisdiction to Prosecute Politicians for Administrative Improbity in Brazil

2021 ◽  
Vol 17 (2) ◽  
Author(s):  
Vivian Pereira Ferreira
Keyword(s):  
Legal System ◽  
Judicial Decisions ◽  
Long Time ◽  
The Law ◽  
Feasible Solutions ◽  
Corrupt Behavior ◽  
Implementation Problems

Abstract Brazilian Administrative Improbity Act (Law n. 8.429/1992) created a different form of punishment for corrupt behavior and it may be understood as an attempt to introduce institutional multiplicity in the country’s legal system. Even though the law has been largely applied and resulted in the imposition of sanctions, it also has limitations: cases often taken several years before being concluded and the recovery of assets has not been substantial overtime. This paper seeks to elucidate some of the reasons why this might have happened. We argue that poor legal design combined with legal implementation problems resulted in delays in final judicial decisions. This paper focuses on a topic that has occupied Brazilian courts for a long time: determining in which jurisdiction should authorities and politicians be tried for administrative improbity. We describe the most prominent Supreme Court’s decisions about the theme and try to draw institutional lessons from them, by developing feasible solutions to improve the enforcement of Law n. 8.429/1992.

Draft concept of legal responsibility in the legal system of Russia

2021 ◽  
Author(s):  
Dmitriy Lipinsky ◽  
Aleksander Malko ◽  
Aleksandra Musatkina ◽  
Roman Markunin ◽  
Nikolay Makareyko ◽  
...  
Keyword(s):  
Legal System ◽  
Legal Culture ◽  
Legal Responsibility ◽  
The Right ◽  
Law Making ◽  
Legal Training

The doctrinal document defines the relationships, interactions and contradictions of legal responsibility with such elements of the legal system as: the system of law; implementation of the right; principles of law; legal awareness and legal culture. The publication is intended for researchers, law-making bodies, government bodies, as well as students of legal training.

Legal responsibility in the legal system of Russia: some research results and project prospects

2021 ◽  
pp. 24
Author(s):  
Alexander V. Mal’ko
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Current System ◽  
Basic Research ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Legal Norms ◽  
The Russian Federation ◽  
The Relationship ◽  
Relationship Interaction

The article contains the most important conclusions and results from a project supported by the Russian Foundation for Basic Research, on which a team of authors has been working since 2019. The features of the relationship, interaction and existing contradictions between legal responsibility and the legal system are determined. The existing contradictions between the doctrinal conclusions about the principles of responsibility and their implementation in the current system of legal norms and law enforcement practice have been investigated. The practice of the Constitutional Court of the Russian Federation is generalized and its role in the mechanism of identifying legal defects of the institution of legal responsibility is established.

scholarly journals Between Necessity and Legal Responsibility: The Development of EEWS in Italy and its International Framework

2021 ◽  
Vol 9 ◽  
Author(s):  
Cecilia Valbonesi
Keyword(s):  
Legal System ◽  
Early Warning Systems ◽  
Legal Responsibility ◽  
Main Question ◽  
Protective Behavior ◽  
Ground Shaking ◽  
2009 L’Aquila Earthquake ◽  
Earthquake Effects ◽  
The Right ◽  
The Relationship

Earthquake Early Warning Systems (EEWSs) represent a technical-scientific challenge aimed at improving the chance of the population exposed to the earthquake shaking of surviving or being less affected. The ability of an EEWS to affect the risk and, in particular, vulnerability and exposure, may determine serious legal responsibilities for people involved in the system, as scientists and experts. The main question concerns, in fact, the relationship between EEWSs and the predictability and avoidability of earthquake effects-i.e., the ground shaking affecting citizens and infrastructures - and the possibility for people to adopt self-protective behavior and/or for industrial infrastructures to be secured. In Italy, natural disasters, such as the 2009 L’Aquila earthquake, teach us that the relationship between science and law is really difficult. So, before EEW’s become operational in Italy, it is necessary to: 1) examine the legislative and technical solutions adopted by some of the international legal systems in countries where this service is offered to citizens; 2) reconstruct the international and European regulatory framework that promotes the introduction of EW systems as life-saving tools for the protection of the right to life and understand whether and how these regulatory texts can impose an obligation on the Italian legal system to develop EEWS; 3) understand what responsibilities could be ascribed to the scientists and technicians responsible for managing EEWS in Italy, analyzing the different impact of vulnerability and exposure on the predictability and avoidability of the harmful event; 4) reflect on the lessons that our legal system will have to learn from other Countries when implementing EEW systems. In order to find appropriate solutions, it is essential to reflect on the opportunity to provide shared and well-structured protocols and creating detailed disclaimers clearly defining the limits of the service. A central role must be recognized to education, because people should not only expect to receive a correct alarm but must be able to understand the uncertainties involved in rapid estimates, be prepared to face the risk, and react in the right way.

scholarly journals The Relations Between the Institution of Procedural Responsibility, Legal Relationships and Legal Practice

2019 ◽  
pp. 73-85
Author(s):  
Elena Valerievna Chuklova
Keyword(s):  
Legal System ◽  
Basic Research ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Practice ◽  
Judicial Practice ◽  
Functional Relations ◽  
Genetic Level ◽  
Definition Of ◽  
Basic Research Project

The subject of this research is the institution of procedural responsibility and its relations with legal relationships and legal practice. In her research Chuklova defines genetic, coordination, subordination and functional relations. According to the author, implementation of procedural responsibility provisions creates both material and procedural legal relations. The author demonstrates that the institution of procedural responsibility either relates to legal relationships at the functional genetic level disregarding the definition of a particular legal relationship or acts as a result of legal regulation or means of regulation. There should be legal grounds for creating such an institution, too. The institution of procedural responsibility creates conditions for discovering the truth in criminal, civil or administrative cases, thus demonstrating subordination relations. The research is based on general and special research methods such as comparative law, formal law analysis, functional and systems approaches, etc. As a result of the research, the author concludes that judicial practice is a coordination link between procedural form and material law, however, many court decisions demonstrate a negative tendency in implementation of the procedural responsibility provisions when there is a total substitution of one term with the other. For example, contempt of court includes such actions as numerous continuous disqualifications, non-submission of documents, failure to appear in court, non-compliance with court orders, negative remarks about a judge's professional or personal qualities. The article is funded by The Russian Foundation for Basic Research, project No. 19-011-00103 А 'Legal Responsibility in Russia's Legal System: the Concept of Interaction, Interconnection and Elimination of Contradictions with Other Elements of Legal System'. 

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