scholarly journals Оn the problems of understanding the category «sanction» in the theory of law and branch jurisprudence

2021 ◽  
Vol 66 ◽  
pp. 288-293
Author(s):  
T.V. Mikhailina ◽  
Yu. Gotsulyak ◽  
А. Gel
Keyword(s):  
Legal Liability ◽  
Legal Norm ◽  
Legal Responsibility ◽  
Scientific Article ◽  
Negative Consequences ◽  
Structural Element ◽  
Theoretical Approaches ◽  
Theory Of Law ◽  
Definition Of ◽  
Restrictive Measures

The scientific article is devoted to the analysis and rethinking of the category «sanction» in the theory of law and branch jurisprudence.As a result of the conducted research, the general theoretical definition of the category «sanction» as part of a legal norm that provides for negative consequences of non-compliance or improper implementation of the rule enshrined in the disposition of the rule of law, is supported.It is noted that, despite the existence of certain terminological differences, in general, the sciences of criminal law and the theory of law are moving in the same direction regarding the definition of sanctions and their classification, which cannot be said about other branches of law. In the science of civil law, modern definitions take us not only beyond the legal norm, but also beyond the law as a whole, focusing on the ability of sanctions to be contained in the contract between the parties, and therefore associating the sanction not with part of the legal norm, but with legal responsibility as such. And sanctions in economic law fully relate to the type and degree of responsibility.It is concluded that theoretical approaches to the definition of sanctions in administrative law can be clearly divided into two groups, the first of which «fits» into the general understanding of sanctions. When referring to the latest doctrinal sources (the second group), there is a significant variability in them and attempts to move away from the established definition. Moreover, the understanding of the sanction goes far beyond both the legal norm and legal liability, extending it, among other things, to preventive measures.Thus, it is necessary to distinguish the category of «sanction» as specifically restrictive measures, as measures of legal liability and as a structural element of a legal norm. Moreover, if the term «sanction» may well be applied to restrictive measures, which is due to the etymology of this concept, then the identification of sanctions as an element of a legal norm and measures of legal liability should be completely excluded. The use of such categories as synonymous at both the doctrinal and practical levels leads to legal uncertainty and confusion of concepts.

scholarly journals Is There Material Liability of Workers and Employees as a Type of Legal Liability in Contemporary Russian Law and Legislation?

SIASAT ◽  
2021 ◽  
Vol 6 (1) ◽  
pp. 9-20
Author(s):  
Vladimir Valentinovich Kozhevnikov
Keyword(s):  
Social Relations ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Scientific Article ◽  
Negative Consequences ◽  
Criminal Proceedings ◽  
Protection Measures ◽  
Legal Coercion ◽  
Labor Legislation ◽  
Law And Legislation

The subject of this article is the social relations regulated by the legal institution of material responsibility of workers and employees. The purpose of the article is the argumentation of the position according to which material liability does not have the status of legal liability. To achieve this goal, the following tasks were implemented: 1) the positions of the overwhelming number of supporters - theorists of law and scientists of labor law - were considered - recognition of material responsibility as one of the types of legal responsibility, along with criminal law, administrative law, etc., which is interpreted as compensation for harm caused to a worker or employee to an enterprise (organization, institution): 2) the views of scientists (Anatoly Borisovich Vengerov, Mikhail Mikhailovich Rassolov, Magomed Imranovich Abdulaev), who do not recognize material responsibility as a type of legal responsibility, have been analyzed; 3) analyzed approaches to understanding legal responsibility; 4) the author's position of understanding legal responsibility and its signs is given, focusing on such as the onset of negative consequences, imposing new additional duties on the offender; 5) the problem of correlation of legal liability measures and protection measures is considered. In conclusion, it is concluded that the identification of measures of legal responsibility and measures of protection have led, first, to an incorrect definition of civil liability, with which material liability is often compared; secondly, the controversial allocation of both the legal function of legal responsibility and material responsibility as a kind of legal responsibility, which, despite its consolidation in labor legislation, in our opinion, in its essential and substantive characteristics refers to protection measures. The scientific article also emphasizes that the problem of distinguishing between legal liability and protection measures is extremely important for law enforcement entities, who must adequately understand what measures of state-legal coercion they apply, which thereby realize their goals. At the same time, they should keep in mind that in practice the named types of state legal coercion are often applied simultaneously (for example, a civil suit in criminal proceedings).    

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

scholarly journals THE ESSENCE OF LEGAL RESPONSIBILITY

2020 ◽  
pp. 26-48
Author(s):  
Н.А. Боброва ◽  
Р.Л. Хачатуров
Keyword(s):  
General Theory ◽  
Legal Responsibility ◽  
Theory Of Law ◽  
Definition Of

Аннотация. Между «чистыми» теоретиками права и «приземлёнными» отраслевиками идёт своеобразное соревнование в вопросе о том, кто быстрее отвечает на вызовы времени и продуцирует востребованные практикой доктринальные конструкции юридической ответственности. Некоторые ученые высказывают сомнения в способности общей теории права дать определение юридической ответственности, объединяющее все её отраслевые виды. В статье исследуются причины появления некоторых ущербных теоретических доктрин и вытекающих из них определений юридической ответственности, не пригодных для отраслевых видов ответственности. Даётся определение юридической ответственности, пригодное для всех отраслей права. There is a kind of competition between "pure" legal theorists and "down-to-earth" branch specialists in the question of who responds faster to the challenges of the time and produces the doctrinal constructions of legal responsibility demanded by practice. Some scholars express doubts about the ability of the general theory of law to give a definition of legal responsibility, uniting all of its branch types. The article examines the reasons for the emergence of some flawed theoretical doctrines and the definitions of legal responsibility arising from them, which are not suitable for industry types of responsibility. The definition of legal responsibility is given, suitable for all branches of law.

scholarly journals Contribution to a New Approach of Legal Liability under the Aspect of the General Theory of Law

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Nguyen Van Quan
Keyword(s):  
General Theory ◽  
Traditional Approach ◽  
German Law ◽  
Legal Liability ◽  
Roman Law ◽  
Legal Responsibility ◽  
Viet Nam ◽  
New Approach ◽  
Theory Of Law ◽  
Legal Fact

Abstract: In Vietnamese legal science today, legal liability is approached in a negative way that is linked to the violation of law. This approach causes difficulties in acquiring specialized legal knowledge. This paper analyzes the limitations of the traditional approach and proposes a new approach to legal liability. Keywords: Legal responsibility; violation of law; willingness; legal act; legal fact. References 1. Hoàng Thị Kim Quế, Giáo trình lý luận nhà nước và pháp luật, Nxb. Đại học Quốc gia Hà Nội, 2015, tr.397.2. Nguyễn Văn Động, Giáo trình lý luận chung về nhà nước và pháp luật, Nxb. Chính trị Quốc gia, 2014, Chương XI; Lê Văn Cảm, Vi phạm pháp luật và trách nhiệm pháp lý, trong Hoàng Thị Kim Quế (Chủ biên), Giáo trình Lý luận chung về nhà nước và pháp luật, Nxb. Đại học Quốc gia Hà Nội, 2005, tr. 537-575.3. Hoàng Thị Kim Quế, Giáo trình lý luận nhà nước và pháp luật, Sđd, tr.398; Lê Văn Cảm, Vi phạm pháp luật và trách nhiệm pháp lý, Sđd, tr.550.4. Hoàng Thị Kim Quế, Giáo trình lý luận nhà nước và pháp luật, Sđd, tr.395; Lê Văn Cảm, Vi phạm pháp luật và trách nhiệm pháp lý, Sđd, tr.550.5. Đào Duy Anh, Hán - Việt từ điển giản yếu, Nxb. Văn hóa thông tin, 2013, tr. 716.6. Đỗ Minh Hợp, Tự do và trách nhiệm trong đạo đức học hiện sinh, Tạp chí Triết học, số12/2007, tr. 27-33.7. Nguyễn Văn Phúc, Tự do và trách nhiệm trong hoạt động của con người, trong: Phạm Văn Đức và các cộng sự, (chủ biên), Công bằng xã hội trách nhiệm xã hội và đoàn kết xã hội, Nxb. Khoa học Xã hội, Hà Nội, 2008, tr. 330-331.8. Cao Minh Công, Trách nhiệm công vụ và đạo đức công chức ở nước ta hiện nay, Luận án Tiến sĩ, Viện Khoa học xã hội Việt Nam, Hà Nội, 2012, tr.43.9. Xem: Christoph Eberhard, “La responsabilité en France: Une approche juridique face à la complexité du monde”, in Edith Sizoo (dir), Responsabilité et cultures du monde. Dialogue autour d’un défi collectif, Éditions Charles Léopold Mayer, Paris, 2008, tr.160.10. Christoph Eberhard, “La responsabilité en France: Une approche juridique face à la complexité du monde”, Sđd, tr.161.11. L B. Curzon, Roman law, London: Macdonald & Evans, 1974, tr.131.12. Eugène GAUDEMET, H. DESBOIS et J. GAUDEMET, Théorie générale des obligations, Paris. Sirey, 1965, tr. 18; Henri, Léon et Jean MAZEAUD, Leçons de droit civil, t. 2, vol. 1. Obligations — Théorie générale, 8e éd., par François CHABAS, Paris, Montchrestien, 1992, tr. 44. Trong “Institutes” (3, 88) của Gaius viết: Nunc transeamus ad obligationes, quarum summa divisio in duas species deducitur: omnis enim obligatio vel ex contractu nascitur, vel ex delicto. Tạm dịch: Bây giờ chúng ta sẽ nói đến nghĩa vụ, trong đó sự phân biệt nền tảng gồm hai nhóm: nghĩa vụ sinh ra từ hợp đồng và nghĩa vụ từ vi phạm pháp luật.13. André Edmond Victor GIFFARD, Robert VILLIERS, Droit romain et ancien droit français — Les obligations, Dalloz, 1958, tr. 10.14. Ngô Huy Cương, Nguồn gốc của nghĩa vụ và phân loại nghĩa vụ, Tạp chí Nghiên cứu lập pháp, số 8/2008, tr.5-14.15. Robert Joseph POTHIER, Traité des obligations, Paris, Cosse et Marchai, 1821, n° 123, tr.59; François TERRE, Philippe SIMLER et Yves LEQUETTE, Droit civil — Les obligations, 5e éd., Paris, Dalloz. 1993, tr.20.16. Jean Hauser, Objectivisme et subjectivisme dans l’acte juridique, L.G.D.J, 1971, note 5, tr. 27.17. Nigel Foster, German Law & Legal System, Blackstone Press Limited, London, 1993, dẫn theo Ngô Huy Cương, Nguồn gốc của nghĩa vụ và phân loại nghĩa vụ, Sđd.18. Jacques FLOUR et Jean-Luc AUBERT, Les obligations — L'acte juridique, 6e éd., Paris, Armand Colin, 1994, tr.32.19. Xem: Benoî Moore, De l’acte et du fait juridique: un critère de distinction incertain, Revue juridique Thémis, n277/1997, tr.281—309.20. Jacques GHESTIN, Gilles GOUBEAUX et Muriel FABRE-MAGNAN, Traité de droit civil — Introduction générale, T éd., Paris, L.G.D.J., 1994, tr. 137 ; Nicole CATALA, La nature juridique du payment Paris, L.G.D.J., 1961, tr.26; Gérard CORNU, Vocabulaire juridique, 2 éd., Paris, PUF, 1990, Các từ “Acte”, “fait” et “volonté”.21. Mircea DURMA, La notification de la volonté: Rôle de la notification dans la formation des actes juridiques, Paris, Sirey, 1930, tr. 9.22. Jacques MARTIN DE LA MOUTTE, L'acte juridique unilatéral : essai sur sa notion et sa technique en droit, Paris, Sirey. 1951.23. Jacques MARTIN DE LA MOUTTE, Sđd., note 36, tr.26.24. Grégoire Forest, Essai sur la notion d'obligation en droit privé, Dalloz, 2012, tr.15 ; J. Hauser, Dictionnaire de la culture juridique, dir. D. Alland et S. Rials, Lamy-PUF, 2013, tr.9.25. Jacques MARTIN DE LA MOUTTE, Sđd., note 36, tr.27.  

scholarly journals Danger Mental Abuse for Society and Man

2016 ◽  
Vol 3 (4) ◽  
pp. 108-117
Author(s):  
S M Vorobyev
Keyword(s):  
Psychological Characteristics ◽  
Scientific Article ◽  
Negative Consequences ◽  
Psychological Violence ◽  
Definition Of ◽  
The Individual ◽  
The Relationship ◽  
Social Level

This scientific article is devoted to the problems of the risk of causing psychological violence, it examines the relationship causing psychological violence with negative consequences for society and the individual. In addition the article shows the typical physiological and psychological characteristics of fear of the advancing person as a result of criminal exposure to mental violence. The author based on the study of opinions of various scholars in this field comes to the conclusion about the necessity of legislative consolidation of the definition of psychological violence and offers, thus their definition of mental violence individual-social level and society-wide level. The paper used is modern, scientific and special methods of cognition: analysis, synthesis, historic-legal, structural-functional, normative, logical, complex.

PARADIPLOMACY AS A NEW ARCHITECTUREOF INTERNATIONAL RELATIONS

2019 ◽  
pp. 311-315
Author(s):  
О.V. DUBROVINA ◽  
R.R. SALAMOV
Keyword(s):  
Functional Analysis ◽  
International Relations ◽  
Systematic Approach ◽  
Scientific Research ◽  
Scientific Article ◽  
Theoretical Approaches ◽  
Analysis And Synthesis ◽  
Characteristic Features ◽  
Definition Of

The purpose of this scientific article is to study the paradiplomacy that acts as the new architecture of international relations. In this context, the article presents theoretical approaches to the definition of the concept of paradiplomacy and reveals its characteristic features. In addition, the role and importance of paradiplomacy in strengthening modern international relations are determined. The main methods of this scientific research are analysis and synthesis, induction and deduction, a systematic approach, the institutional method and structural-functional analysis.

scholarly journals SOCIAL NETWORKS IN THE CONTEXT OF SOCIAL CAPITAL: A REVIEW OF FOREIGN THEORETICAL APPROACHES

2020 ◽  
Vol 3 (3) ◽  
pp. 146-166
Author(s):  
Darya A. Lastovkina
Keyword(s):  
Social Capital ◽  
Social Networks ◽  
Social Network ◽  
Social System ◽  
Structural Element ◽  
Theoretical Approaches ◽  
Communication Space ◽  
Characteristic Features ◽  
Developing Area ◽  
Definition Of

Currently, society lives in the conditions of continuous expansion of the communication space. This is manifested in the transformation of old and the emergence of new types of interaction of individuals in the economic, political, social, spiritual spheres of society. The study of social networks is an actively developing area in theoretical sociology, and the concept of social networks is the most natural in the description and construction of a social structure. In a broad sense, a social network is understood as many points (members of a social system), to a greater or lesser extent, related to each other. In this article we will illustrate the main stages of the evolution of the concept of “social network” in the works of foreign researchers. Let's take a closer look at foreign theoretic approaches to the study of social networks as a structural element of social capital. In the conclusion of our analysis, we will list the main characteristic features of a social network, on the basis of which we will formulate a generalized definition of this phenomenon.

scholarly journals LEGAL LIABILITY AS AN ELEMENT OF THE LEGAL STATUS OF CIVIL SERVANTS

Social Law ◽  
2019 ◽  
pp. 20-26
Author(s):  
К. Lyubimov
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Civil Servant ◽  
Legal Liability ◽  
Civil Servants ◽  
Legal Responsibility ◽  
Applicable Law ◽  
The Public ◽  
Definition Of ◽  
The Individual

The article reviews the scientific positions on understanding the concept of "legal responsibility", considers it as a positive and retrospective liability, and also proposes its own definition of legal liability of a civil servant. Emphasis is placed on distinguishing the civil servant's legal liability from the ordinary employee's legal liability, since the civil servant's legal responsibility is at the heart of each official's official activity, follows from the powers conferred, is a guarantee of the civil servants' observance of the law, civil service principles and their proper performance ulcers, etc. The legal responsibility of a civil servant is considered, which is quite complex and multifaceted in contrast to the legal liability of ordinary citizens, since it is connected with the powers of the individual, the performance of their individual actions and functions, the exercise of administrative and administrative-legal influence on public relations in the state. Accountability of civil servants has both general and specific features of legal liability. The scientist has identified a number of features that distinguish the legal liability of civil servants from the legal liability of ordinary workers. Such features include: 1) the legal liability of a civil servant is characterized by an increased level of liability of such persons for similar crimes, offenses or disciplinary offenses as provided by the current legislation; 2) increased possibilities for applying the head of the department, directly subordinate to a civil servant, to have powers to identify disciplinary actions and to bring a civil servant to disciplinary responsibility; 3) the broad effect of the legal liability of a civil servant for the offenses committed; 4) the purpose of legal responsibility consists not only in punishment of the guilty person, restoration of the violated rights and interests of the person, carrying out preventive activity, but also in ensuring in the further proper fulfillment by the civil servant of his official duties, prevention of behavior which could discredit the public service and the public employee as a whole; 5) features of its classification. The author of the article emphasizes that applying to a civil servant a certain type of legal responsibility not only condemns a civil servant by applying to him a state coercion, but also encourages other persons to behave properly and properly perform their official duties, to prevent committing actions that directly prohibited by applicable law.

scholarly journals Normative and Procedural Grounds for Legal Liability of a Judge

2020 ◽  
Vol 6 (12) ◽  
pp. 1001-1010
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Legal Liability ◽  
Point Of View ◽  
Legal Norm ◽  
Legal Responsibility ◽  
Legal Obligation ◽  
Basic Principles ◽  
Legal Grounds ◽  
Illegal Action

The article defines the basic principles of formation of normative and procedural grounds of legal responsibility of a judge. It has been found out that bringing a judge to a legal obligation by the regular basis indicates the necessity to enshrine the relevant list of offences in law. It has been determined that getting a judge to legal responsibility on regulatory grounds means committing an illegal action (from an objective point of view), primarily enshrined in the appropriate level of regulatory prohibitions. It has been established that the main essence of the factual basis for bringing a judge to legal responsibility is the action or inaction of a judge which indicates a prohibited legal norm, including offences. It has been found that the essence of the procedural and legal grounds for bringing a judge to legal liability primarily depends on the clarity of the decision of unique bodies that are competent in the field of imposing measures of legal liability on a judge. It has been proved that the procedural conditions for bringing judges to justice today are interrelated with the initiative of proceedings against them. It is determined that the basic principles of bringing judges to justice should be interpreted as objective signs of an act (action or inaction) committed by a judge on illegal grounds, which is the fundamental right that guarantees the victim of offence administration of fair justice is damaged. Researching the critical grounds for bringing a judge to various types of legal liability for committing an offence as prospective in further research in this direction has been suggested.

scholarly journals CONCEPTUAL APPROACHES TO DETERMINE THE ESSENCE AND STRUCTURE OF THE STRATEGIC POTENTIAL OF THE ORGANIZATION OF AGRO-INDUSTRIAL COMPLEX

2019 ◽  
Vol 7 (2) ◽  
pp. 180-186
Author(s):  
A.I. Doschanova ◽  
O.V. Mishulina ◽  
N.A. Baranova ◽  
G.K. Dambaulova ◽  
N.S. Gorelova
Keyword(s):  
Strategic Management ◽  
Scientific Article ◽  
Industrial Complex ◽  
Scientific Methods ◽  
Theoretical Approaches ◽  
Analysis And Synthesis ◽  
Huge Impact ◽  
Strategic Goals ◽  
General Scientific ◽  
Definition Of

Purpose of study: The aim of the study is to systematize theoretical approaches to the consideration of the nature and structure of the strategic potential of the organization of the agro-industrial complex, since its effective management has a huge impact on the achievement of the organization’s strategic goals of its development and the competitiveness of the organization as a whole. Methodology: The theoretical and methodological basis of the study are the works of foreign and domestic economic scientists, who present approaches to the study of the strategic potential of the organization of the agro-industrial complex. General scientific methods, such as analysis and synthesis, induction and deduction, detailing and generalization, comparison, formalization, analogy, historical, logical and systematic approaches, were used as research tools in the present work. Main Findings: The feasibility of applying an effective target approach to determine the essence of the organization’s strategic potential has been determined. The definition of the strategic potential of the organization of the agro-industrial complex is formulated and its characteristics are determined. The necessity of using the resource-functional approach to determine the structure of the organization’s strategic potential has been proved. Applications of this study: The main provisions of the scientific article are the basis for solving practical problems of improving the management of the strategic potential of the organization of the agricultural and industrial complex and can be used directly by the head in making strategic management decisions that provide economically justified development of the organization in the future. Novelty/Originality of this study: The scientific novelty of the study is to substantiate the theoretical provisions on the essence and structure of the strategic potential of the organization of the agro-industrial complex, aimed at solving the problems of improving strategic management in the agro-industrial complex to improve its efficiency and competitiveness.

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