scholarly journals Legal and linguistic uncertainty of terms and norms of Russian laws

2021 ◽  
Vol 19 (2) ◽  
pp. 138-154
Author(s):  
Marina V. Batyushkina
Keyword(s):  
Legal Discourse ◽  
Legal Regulation ◽  
Point Of View ◽  
Expert Assessment ◽  
Legal Rules ◽  
Interdisciplinary Practice ◽  
The One ◽  
Procedural Decisions ◽  
Expert Practice ◽  
Modern Russian

The article presents the results of a study of de jure (modeled) and de facto (real) interpretation of the concept legal and linguistic uncertainty, which is relevant for modern Russian legal discourse, lawmaking, judicial, and expert practice. These features are typical for Russian legal discourse, lawmaking, judicial, expert practice, as well as the scientific sphere of communication. The article is aimed at studying the objective and subjective reasons for legal and linguistic uncertainty of legislative terms and legislative norms; analysing the conditions under which uncertainty is considered as an attribute of law language and a means of legal regulation or a defective formulating legal rules, falsa leclio. Legal and linguistic uncertainty is considered from different points of view: (a) the dichotomy clarity/ uncertainty; (b) the legislative definition; (c) attitude to the system of Russian legislation terms; (d) variability, disambiguate, double-meaning; (e) the basis for procedural decisions (expert assessment, adjustment of the norm of the draft law or the current law, rejection of the draft law). The subjective factors of legal and linguistic uncertainty are analyzed, on the one hand, from the position of professional competencies of law developers and specialists examining laws in different aspects - linguistic, legal, anti-corruption, legal and technical, pedagogical, etc. On the other hand, they are analysed from the point of view of legal and other knowledge of the addressees, those, who interpret the law. The research methodology is traditional for modern Russian studies and legal linguistics: analysis, comparison, deduction, induction, analogy, modeling, as well as contextual, interpretive, systemic, discursive, interdisciplinary, practice-oriented and other approaches. Due to interdisciplinary nature of the research, works on linguistics, jurisprudence, legal linguistics, documents of legislative, judicial, expert practice, texts of Russian (federal) laws, materials from the Dictionary of Terms of Russian Legislation were used. The prospects for the study are outlined: considering legal and linguistic uncertainty in the aspect of creating laws in two or more state languages, orthology, etc.

Տրանսցենդենտալ ֆենոմենալոգիան որպես իրավական հետազոտությունների իրականացման մեթոդ

2021 ◽  
pp. 258-274
Author(s):  
Gevorg Barseghyan ◽  
Mane Markosyan ◽  
Hrayr Hovakimyan
Keyword(s):  
Transcendental Phenomenology ◽  
Phenomenological Approach ◽  
Legal Regulation ◽  
Law School ◽  
Point Of View ◽  
Legal Doctrine ◽  
Legal Studies ◽  
Advantages And Disadvantages ◽  
Positive Law ◽  
The One

This article examines the essential meanings of phenomenological philosophy and law school of transcendental phenomenology. Attention is paid to methodological features of phenomenological approach of legal perception. In the context of domestic legal doctrine, attention is paid to both advantages and disadvantages of this approach. Conclusion is made that phenomenology is a specific, effective methodology synthesizing diverse explorative perceptions. Phenomenology, as a theory and methodology of law, is part of non-classical legal science, separate elements of this method are used in the context of other non-classical legal approaches such as hermeneutics and axiology of law. It must be emphasized that phenomenology of law is an alternative to sociological and natural-legal perception of law and, at the same time, in its context the synthesis of these two methods of legal exploration is done to some extent. The main feature of legal phenomenology is its orientation to modern law as a sociological process that is going on in the world of “open” life on the one hand, and to potential law as a basis for universal ideal law, on the other hand. Phenomenological approach can be used as a mechanism for exploring current positive law. From such point of view, ideal legal system is discovered in any legal regulation due to which the enforcement of legal regulation is exercised. The purpose of this work is to conduct a comprehensive study of transcendental phenomenology of law as a method of conducting legal study. In order to satisfy the purpose set above, the following problems are introduced.  The study of transcendental phenomenology as an approach,  The study of transcendental phenomenology as a research method,  The reveal of transcendental phenomenology essence as a means of methodology of acknowledgement of law. The methodological basis of this article are the dialectical and historical methods. The object and subject of the research were observed using such general and special methods of scientific knowledge, as dogmatic, comparative-legal, legal modeling, logical analysis. Based on the analysis made in the context of this work, suggestions are made which are directed at developing the efficiency of phenomenology as a means of conducting legal studies, as well as the accomplishment of legal modeling.

Implementation of the personal data minimization principle in financial institutions: Lithuania’s case

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Marius Laurinaitis ◽  
Darius Štitilis ◽  
Egidijus Verenius
Keyword(s):  
Financial Institutions ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
Point Of View ◽  
Content Type ◽  
General Data Protection Regulation ◽  
Minimization Principle ◽  
General Data ◽  
The One

Purpose The purpose of this paper is to assess such processing of personal data for identification purposes from the point of view of the principle of data minimisation, as set out in the EU’s General Data Protection Regulation (GDPR) and examine whether the processing of personal data for these purposes can be considered proportionate, i.e. whether it is performed for the purposes defined and only as much as is necessary. Design/methodology/approach In this paper, the authors discuss and present the relevant legal regulation and examine the goals and implementation of such regulation in Lithuania. This paper also examines the conditions for the lawful processing of personal data and their application for the above-mentioned purposes. Findings This paper addresses the problem that, on the one hand, financial institutions must comply with the objectives of collecting as much personal data as possible under the AML Directive (this practice is supported by the supervisory authority, the Bank of Lithuania), and, on the other hand, they must comply with the principle of data minimisation established by the GDPR. Originality/value Financial institutions process large amounts of personal data. These data are processed for different purposes. One of the purposes of processing personal data is (or may be) related to the prevention of money laundering and terrorist financing. In implementing the Know Your Customer principle and the relevant legal framework derived from the EU AML Directive, financial institutions collect various data, including projected account turnovers, account holders' relatives involved in politics, etc.

scholarly journals GENERALIZATION OF EXPERT PRACTICE IN THE ASSESSMENT OF CERTAIN TYPES OF MILITARY PROPERTY – FLAK JACKETS

2019 ◽  
pp. 772-783
Author(s):  
Keyword(s):  
Personal Protective Equipment ◽  
Market Value ◽  
Point Of View ◽  
Operating Conditions ◽  
Classification Systems ◽  
Expert Assessment ◽  
Protective Equipment ◽  
Personal Protection Equipment ◽  
Synthetic Materials ◽  
Expert Practice

The article presents the results of the generalization of expert practice in determining the market value of personal protective equipment for servicemen, namely, flak jackets of different protection classes. The need to calculate the market value of military property is a key task in determining the material damage caused to the state, as a result of negligence towards the entrusted military property or its intentional damage or theft, as well as the destruction during a combat engagement with the enemy. In the course of consideration of this topic, the authors made a compact description of the design of flak jackets on the main types, different classes of protection, with examples of typical samples for each type of personal protective equipment. The basic classifiers used by manufacturers of flak jackets all over the world are given. The possible ways of selection of analogue for the assessed personal protective equipment, price information in the domestic market of Ukraine is absent, but a conditional comparison of protection classes relative to the national classifier is given. On the example of the described classification systems the substantiation of impossibility from the technical point of view, absolute comparison of flak jackets protection classes of different manufacturers is given. In addition, there is a brief description of the most common synthetic materials that are used in the manufacture of standard flak jackets (outer covers, inner frame, fillers and additional ballistic packages) with the indication of their basic physical properties and description of the features in different environmental conditions (humidity temperature, intensity of ultraviolet exposure). Taking into account the analysis of the information from open sources, as well as the information provided by national manufacturers, it is necessary bear in mind the degree of wear and tear of a particular product depending on the actual period of operation of the investigated object in specific operating conditions – in the area of combat or in the rear. There is also a variant of possible definition of the market value of personal protection equipment, the appointed resource of which has expired, is also given, however they are used not by armies, but by individuals for their intended purpose. Key words: military property, expert assessment, flak jackets.

Cuidado personal en la Ley 20.680. De la inconstitucionalidad a la corresponsabilidad

2018 ◽  
pp. 143
Author(s):  
María José Fuenzalida San Martín ◽  
Karina Cerda Gallardo
Keyword(s):  
Child Custody ◽  
Legal Regulation ◽  
Point Of View ◽  
Best Interests ◽  
Parental Responsibility ◽  
The Law ◽  
The One

ResumenEl trabajo examina la regulación del cuidado personal de los menores en caso de separación de los padres bajo la normativa previa a la Ley de Corresponsabilidad (20.680), desde la óptica de la igualdad entre los padres, concluyendo que su afectación de este derecho hacía necesaria sumodicación. La segunda parte del trabajo analiza la nueva regulación, poniendo énfasis en los efectos de ella sobre el bienestar del menor en casos de separación. Se concluye con algunas observaciones críticas, basadas en los conceptos y criterios vagos de la ley, respecto de la posibilidad de que efectivamente la ley sirva, por un lado, como guía parael ejercicio de la corresponsabilidad entre los padres, y, por otro, para evitar la judicialización de los desacuerdos entre estos.Palabras clave: Cuidado personal; Igualdad ante ley; Corresponsabilidad; Interés superior del niño.AbstractThe article examines the legal regulation of child custody in cases of separation of parents under rules prior to the Act on Joint Parental Responsibility (20.680), from the point of view of equality among the parents, concluding that the infringment of that right made necessary theirreform. The second part examines the new rules, emphasizing their eects on the child's welfare in cases of separation. It concludes, based on the law's vague concepts and criteria, with some critical remarks on the chances of the Act to eectively serve as guide for the parents in the excercise of joint parental responsibility, on the one hand, and to prevent litigation in cases of disagremeent among them, on the other.Keywords: Child custody; Equality before the law; Joint parental responsibility; Best interests of the child.

Norms of Soft Law as a New Source of Financial Law of Russia

2018 ◽  
Vol 9 (1) ◽  
pp. 278
Author(s):  
Gulnara RUCHKINA ◽  
Sergey G. EREMIN ◽  
Natalia V. ZALYUBOVSKAYA ◽  
Irina I. ROMASHKOVA ◽  
Evgeniy L. VENGEROVSKIY
Keyword(s):  
Legal Regulation ◽  
Soft Law ◽  
Legal Rules ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
The One ◽  
Definition Of ◽  
Official Sources ◽  
Better Than

The goal of this study is the analysis of norms of soft law as a new source of financial law in the Russian Federation. The methodological basis of the research of the problem involves General scientific dialectic method of scientific knowledge, especially legal methods (structural-functional, legal and dogmatic), methods, legal modeling, comparative and historical jurisprudence, as well a generic methods (analysis and synthesis, description, observation, induction and deduction, comparison, generalization, formal logical and systematic). A brief review of research on the topic of ʼsoft lawʼ, a definition of the term ʼsoft lawʼ. Conducted theoretical analysis of the concept of ʼsoft lawʼ. Analyzed the specific use of the norms of soft law as a new source of Finance. The examples and identifies advantages of the use of norms of soft law as a new source of Finance. In General, ʼsoft-lawʼ standards fill in the gaps of legal regulation, both in international and national aspect, complement legal rules by means of references, interpretations or direct reproduction in the official sources of law, and, in some cases, act as a subsidiary regulator of international legal relations. The introduction into the fabric of international financial law, soft law norms, on the one hand, will increase the risks contributing to arbitrarily interpret and apply financial rules, on the other – may cause enough skepticism about the use of norms of soft law as a new source of Finance. However, there is no doubt that relative certainty, is always better than uncertainty. Thus, norms of soft law as a new source of financial law in Russia should be considered as an effective way to reduce the uncertainty in the financial relations system as a real alternative to soft law norms are not so much rules of law, but rather the lack of legal regulation insinuations when the objective need in the settlement.

scholarly journals On the Connection between Legal Understanding and Politics and Economics

Lex Russica ◽  
2021 ◽  
pp. 80-88
Author(s):  
A. R. Gilmullin
Keyword(s):  
Public Relations ◽  
Natural Law ◽  
Legal Regulation ◽  
Point Of View ◽  
Driving Mechanism ◽  
Public Authorities ◽  
Political Activities ◽  
The Status ◽  
The One ◽  
Legal Understanding

The paper is devoted to the fundamental issues of modern legal regulation, in particular, its grounds and limits. The author substantiates the position according to which the absence of certain essential imperatives of law that help direct and restrict the functioning of public authorities and other subjects, complicates the activities of the latter, concedes its inconsistency and spontaneity, creates conditions for the perception of law as a kind of "designer" of economic, political and other relations. According to the author, the lack of unified conceptual criteria in determining the essence of law leads to an imbalance in public relations, to their turbulence at all levels (national, international, etc.) and as a result has a detrimental effect on the life and security of a person, society and the state.The author notes that at the present stage of civilization development, it is the economy with its interests and principles that acts as the "nerve", as the main driving mechanism in recognizing the status of the subject state. From the author’s point of view, economic interests and relations today form the world agenda, set the tone for political and legal relations, and often directly correct the value bases of other social regulators.The author summarizes that in general, the current situation in the international legal space, associated with the lack of a generally recognized doctrine of legal understanding alongside the variability and inconsistency of views in the field of human rights and freedoms based on the natural law approach, allows some subjects to arbitrarily interpret and impose certain decisions and positions in the course of their political activities, based on their own resources and potential. This supports law usurpation, making it an instrument of manipulation and blackmail in the field of politics, economics, culture, ecology, etc. in order to create the most profitable conditions and obtaining the expected results.Thus, the natural law approach, on the one hand, needs to be rethought, transformed, on the other hand, it needs to be refined or analyzed in detail when building an original concept of legal understanding.

scholarly journals Silenced Voices

2021 ◽  
Vol 3 (02) ◽  
Author(s):  
Moa Bladini
Keyword(s):  
Freedom Of Expression ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Women's Voices ◽  
Living Space ◽  
Legal Situation ◽  
Legal Perspective ◽  
Online Abuse ◽  
The One

In this article I examine from a legal point of view some of the consequences for women, and hence for society in general, of online sexist and misogynist abuse in a Swedish context. I argue that one effect is that women’s living space online is demarcated and ultimately, that it threatens women’s possibilities to participate in public debate online. An everyday life perspective and the continuum of sexual violence, both part of a feminist legal perspective, are used as a  theoretical framework to show how online abuse is silencing women. The situation demands action from the state, in order to safeguard freedom of expression and, consequently, democracy. I argue that in this particular situation, two basic aspects of freedom of expression collide: the one most emphasised, the prohibition of censorship, and the less acknowledged aspect, i.e. a diversity of voices.  Deficient ways to handle sexist and misogynist online abuse leads to indirect censorship where women’s voices are silenced. Hence, the state must take action not to fail to guarantee justice for all. There are many initiatives addressing problems of online abuse, both internationally and nationally. In this article I seek to capture and examine the Swedish policy and legal regulation (criminal law and freedom of expression) in this area to sketch the legal situation, to highlight ongoing initiatives and pointing out lacunas and obstacles that needs to be dealt with to guarantee a diversity of voices.

Understanding functional illiteracy from a policy, adult education, and cognition point of view: Towards a joint referent framework

2019 ◽  
Vol 30 (2) ◽  
pp. 109-122
Author(s):  
Aleksandar Bulajić ◽  
Miomir Despotović ◽  
Thomas Lachmann
Keyword(s):  
Adult Education ◽  
Operational Definition ◽  
Literacy Skills ◽  
Point Of View ◽  
Industrialized Countries ◽  
Functional Illiteracy ◽  
Scale Levels ◽  
Components Of Reading ◽  
The One ◽  
Definition Of

Abstract. The article discusses the emergence of a functional literacy construct and the rediscovery of illiteracy in industrialized countries during the second half of the 20th century. It offers a short explanation of how the construct evolved over time. In addition, it explores how functional (il)literacy is conceived differently by research discourses of cognitive and neural studies, on the one hand, and by prescriptive and normative international policy documents and adult education, on the other hand. Furthermore, it analyses how literacy skills surveys such as the Level One Study (leo.) or the PIAAC may help to bridge the gap between cognitive and more practical and educational approaches to literacy, the goal being to place the functional illiteracy (FI) construct within its existing scale levels. It also sheds more light on the way in which FI can be perceived in terms of different cognitive processes and underlying components of reading. By building on the previous work of other authors and previous definitions, the article brings together different views of FI and offers a perspective for a needed operational definition of the concept, which would be an appropriate reference point for future educational, political, and scientific utilization.

SOME CHARACTERISTICS OF CONTEMPORARY POLITICAL AND LEGAL DISCOURSE OF ETHNIC AND NATIONAL CONFLICTS IN RUSSIA

2020 ◽  
Vol 10 (4) ◽  
pp. 53-64
Author(s):  
ANDREY KURIUKIN ◽  
Keyword(s):  
Modern Science ◽  
Legal Discourse ◽  
Legal Regulation ◽  
Ethnic Relations ◽  
Soviet Society ◽  
The Russian Federation ◽  
The Russian Empire ◽  
New Research ◽  
The 19Th Century ◽  
Developing System

The issue of ethnic relations and the conflicts generated by them is acutely relevant. Many branches and directions of modern science study it. Political science and jurisprudence are in the foreground of the modern study of ethno-national conflictology. Over a long period of research, they have developed several influential approaches that have become widespread. The growing complexity of the surrounding political and legal reality, the escalation of conflict in society, including ethno-national, require the search and application of new research paradigms. One of these is the analysis of political and legal discourse, which consists in studying the ways of how legal meanings, ideas, opinions and preferences, which are carried by legislators, are technically and meaningfully embodied in the texts of normative acts, subsequently forming a specific political and legal reality. Analyzing the domestic ethno-conflictological political and legal discourse, the author concludes that in the era of the Russian Empire, the legalization of ethno-national relations had little attention from legislators, the documents adopted in the 19th century carried widespread ideas of the legislative theory and existed unchanged until 1917. The basic paradigm of the Soviet political and legal regulation of ethno-national relations was the ideological dogmas of the theorists of Marxism-Leninism, within which, in Soviet society, such a phenomenon as an ethno-national conflict was denied, but, in fact, existed. At the present stage, after the acute events of the second half of the 1980s - 1990s, a serious system of political and legal regulation of ethno-national relations was developed. It bore fruit. Today, the domestic political and legal regulation of ethno-national relations has the character of a developing system designed to adequately respond to changes. The article can be used to improve the state social and legal policy of the Russian Federation. Also, the materials presented can provide the interest of students, graduate students, teachers, researchers and other people who are interested in the current social, political and legal development of Russia.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

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