scholarly journals Correlation between the subject offense and the complainant from the perspective of the general theory of law

2021 ◽  
pp. 35-42
Author(s):  
Lyudmila Valerievna Starodubova
Keyword(s):  
General Theory ◽  
Public Relations ◽  
Negative Impact ◽  
Legal Protection ◽  
Great Majority ◽  
Administrative Law ◽  
Legal Literature ◽  
The Subject ◽  
Theory Of Law

  This article examines the correlation between such concepts as the “subject of offense” and “complainant” within the framework of the general theory of law. The modern legal literature features sufficient research on this topic, however does not [au due attention to the object of illegal encroachment, although namely this question is most controversial and ambiguous in the theory of violation of law. Moreover, the great majority of theoreticians dealing with delinquency carry out their research within the framework of sectorial legal sciences, first and foremost, of the sciences of criminal and administrative law. The general theory of state and law should be fundamental, methodological science that dictates its view upon the concepts and ideas, which is further perceived by the sectoral sciences. The acquired results allow concluding that the subject of offense is the elements of matter under the legal protection, the negative impact of which inflicts harm to public relations; and the complainant is the element of legal relations that from its perspective cannot act as neither the object nor subject of legal relations. Through illegal encroachment on the complainant, the offender causes harm to the protected by law public relations as a whole.  

scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

2020 ◽  
pp. 30-44
Author(s):  
Iuliia Rossius
Keyword(s):  
General Theory ◽  
Practical Importance ◽  
Dialectical Tension ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Theory Of Law ◽  
The Impact ◽  
Hans Georg Gadamer

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates “legal” origin of the canons of Bettis’ hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law.   Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced  the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the “general theory of interpretation”. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

METHODOLOGICAL FOUNDATIONS OF THE CONCEPT OF GENERAL THEORY OF LAW J.-L. BERGEL

2021 ◽  
pp. 14-23
Author(s):  
Вадим Леонидович Афанасьевский
Keyword(s):  
General Theory ◽  
Scientific Knowledge ◽  
Legal Discourse ◽  
Scientific Methodology ◽  
Existential Philosophy ◽  
Objective Reality ◽  
Methodological Basis ◽  
The World ◽  
The Subject ◽  
Theory Of Law

Предметом статьи является экспликация методологического базиса разработанной французским правоведом Жаном-Луи Бержелем концепции общей теории права. Автор фиксирует, что методология этой конструкции отличается принципиальной спецификой от классического рационализма научного знания. Бержель для разработки проблем теории права использовал импрессионистский метод, принципиально выходящий за рамки научной методологии. Это приводит к тому, что читатель превращается в соавтора, выстраивая свое представление о предмете теории права. Причем фантазия автора и читателя ничем не ограничена, ибо она уходит от исторических трансформаций развития правовой реальности и традиций теоретического правового дискурса. В статье показано, что предложенная методология привела Бержеля к размытости и непроясненности понятийного аппарата и «терминологическому анархизму». Представив свой анализ его концепции общей теории права, автор статьи приходит к выводу, что основанием методологии Бержеля являются характерные для французской социогуманитарной мысли принципы экзистенциальной философии и постмодернистских штудий. Именно в этом коренится отсутствие целостности в теоретических построениях, наличие эклектизма и туманности употребляемых терминов и понятий. В эту парадигму прекрасно укладывается импрессионистский метод, используемый французским правоведом. Если читатель сам определяет понимание читаемого текста, то смысл уже не определяется объективной реальностью. Он выступает проблемой изолированного индивида, находящегося в произвольно выстроенном им фрагментированном мире, в том числе и мире права The subject of the article is the explication of the methodological basis of the concept of the general theory of law developed by the French jurist Jean-Louis Bergel. The author notes that the methodology of this construction differs in fundamental specificity from the classical rationalism of scientific knowledge. Bergel used the impressionist method to develop problems in the theory of law, which fundamentally went beyond the framework of scientific methodology. This leads to the fact that the reader turns into a co-author, building his own idea of the subject of the theory of law. Moreover, the imagination of the author and the reader is not limited by anything, for it moves away from the historical transformations of the development of legal reality and the traditions of theoretical legal discourse. The article shows that the proposed methodology led Bergel to a vague and unclear conceptual apparatus and «terminological anarchism». Having presented his analysis of his concept of the general theory of law, the author of the article comes to the conclusion that the basis of Bergel's methodology is the principles of existential philosophy and postmodern studies that are characteristic of French socio-humanitarian thought. This is the root of the lack of integrity in theoretical constructions, the presence of eclecticism and the vagueness of the terms and concepts used. The impressionistic method used by the French jurist fits perfectly into this paradigm. If the reader himself determines the understanding of the text being read, then the meaning is no longer determined by objective reality. It acts as a problem of an isolated individual who is in a fragmented world arbitrarily built by him, including the world of law

Medical Indemnity Reform in Australia: “First Do No Harm”

2005 ◽  
Vol 33 (3) ◽  
pp. 429-443 ◽  
Author(s):  
Fiona Tito Wheatland
Keyword(s):  
Public Relations ◽  
Negative Impact ◽  
State Level ◽  
Daily Basis ◽  
Political Organization ◽  
Personal Injury Litigation ◽  
Do No Harm ◽  
The Subject ◽  
Public Relations Campaign ◽  
Voluntary Liquidation

Medical indemnity is not usually the stuff of high political and social drama in Australia. When the biggest medical defense organization went into voluntary liquidation in 2002, this all changed. Newspapers carried stories on an almost daily basis about the actual or possible negative impact of the “crisis” on doctors, hospitals, and communities. Doctors became increasingly vocal in their criticisms and expansive in their claims. Their political organization, the Australian Medical Association, lobbied powerfully and successfully for government intervention to address the problem of dramatically escalating premiums for some doctors. This, combined with a broader public relations campaign about public liability insurance, resulted in significant changes in the law at both the federal and state level - not just in the area of medical negligence but in relation to most personal injury litigation.The genesis of and reasons for current medical indemnity problems in Australia have been the subject of much speculation and little rigorous analysis.

scholarly journals The sphere of land relations as a component of administrative and legal regulation subject

1970 ◽  
pp. 283-289
Author(s):  
Vladyslav Zalievskyi
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Status ◽  
Great Part ◽  
Legal Regulation ◽  
Administrative Law ◽  
Point Of View ◽  
Land Relations ◽  
Private And Public ◽  
The Subject

The author’s approach to defining the range of land-related and ground-related phenomena based on administrative law is proposed in the article. The availability of subject authority power relations in the structure and the fulfillment of relevant functions is the main criterion for the separation of such relations. The expediency of using the term “sphere of land relations” as those arising in connection with the exercise of power by the executive authorities and bodies of local self-government is validated and the subject of the relations is land, ground area, rights to them, as well as objects and subjects derived from them. Land relations are one of the largest in volume masses regulated by the norms of public relations law where an absolute majority of both private and public entities are involved. However, due to the diversity of such entities and differences in their legal status, the legal regulation of land relations uses the methods inherent in both civil and administrative law. In addition, in terms of the land law the existence of its own legal regulation method is emphasized. A great deal of research has been devoted to the issues of administrative and legal regulation of land relations, in particular by such scientists as E. Gladkova, M. Kovalsky, V. Pakhomov, M. Shulga, O. Nevmerzhitsky, D. Busuyok and others. Relevant papers from the administrative law point of view emphasize that a great part of the relations which have the subject of land and the phenomena connected with the ground are covered by the subject of administrative law. The aim of this article is to determine the range boundaries of land-related and ground-related phenomena that are regulated by administrative law. Taking into account the normative definition peculiarities of the “land relations” concept content in order to make scientific research, it is more correct to use the term “administrative and legal regulation in the field of land relations” in comparison with the term “administrative and legal regulation of land relations”. The term “sphere of land relations”, in our opinion, should be understood as a set of relations, which in addition to land includes relations arising in connection with the exercise of power by executive authorities and local governments and the subject of these relations is land, ground area, rights to them, and subjects and objects derived from them.

scholarly journals The development of customs law in the scope of Eurasian integration

2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina
Keyword(s):  
Public Relations ◽  
International Law ◽  
Social Relations ◽  
Administrative Law ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
The Relationship ◽  
Further Development

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.

scholarly journals ADMINISTRATIVE LAW MECHANISM FOR THE IMPLEMENTATION OF PRIVATE INTERESTS

2020 ◽  
Vol 1 (37) ◽  
pp. 57
Author(s):  
L. Konduforova
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Administrative Law ◽  
Legal Norms ◽  
Private Interests ◽  
The Subject ◽  
Definition Of ◽  
Legal Mechanism ◽  
Structural Methods

The subject of the article is the determination of the essence of the administrative-legal mechanism for the implementation of private interests. The purpose of the article is to formulate the concept of this mechanism and to determine its elements. This goal led to the use of formal-dogmatic and system-structural methods with which the author determines the structure of the administrative-legal mechanism for the implementation of private interests. The author offers his own definition of administrative and legal mechanism for the implementation of private interests. The results of the study can be used in legislative work in the field of protecting the rights and freedoms of participants in public relations, as well as in law enforcement.Key words: administrative-legal mechanism, administrative-legal relations, administrative-legal norms, private interests, public administration, administrative-legal means.

O FATO JURÍDICO NO DIREITO ADMINISTRATIVO BRASILEIRO

2020 ◽  
Vol 4 (14) ◽  
pp. 139-164
Author(s):  
Vladimir Da Rocha França
Keyword(s):  
General Theory ◽  
Administrative Law ◽  
Fundamental Concept ◽  
Law System ◽  
Empirical Basis ◽  
Positive Law ◽  
Theory Of Law ◽  
Legal Fact

O conceito de fato jurídico é conceito fundamental da Teoria Geral do Direito e se mostra relevantíssimo para a compreensão do fenômeno jurídico no âmbito do Direito Administrativo. O objetivo do presente ensaio é expor e analisar o conceito de fato jurídico no Direito Administrativo, tendo-se como base empírica o sistema do Direito Positivo brasileiro. The concept of legal fact is a fundamental concept of the General Theory of Law, and it proves to be extremely relevant to the understanding of the legal phenomenon within the scope of Administrative Law. The purpose of this essay is to expose and analyze the concept of legal fact in Administrative Law, having as an empirical basis the Brazilian Positive Law system.  

scholarly journals Legal principles of counteraction to corruption and organized crime and the place of administrative and legal regulation among them

2020 ◽  
Vol 77 (2) ◽  
pp. 58-63
Author(s):  
О. О. Вороний
Keyword(s):  
Public Relations ◽  
Organized Crime ◽  
Legal Regulation ◽  
Administrative Law ◽  
Public Law ◽  
Public Authorities ◽  
Legal Principles ◽  
National Importance ◽  
Legal Relationship ◽  
The Subject

Based on the analysis of the current domestic and international legislation, the author has provided characteristics of the legal principles for combating corruption and organized crime. It has been established that the legal principles for combating corruption and organized crime covers currently a large number of regulatory acts of international and national importance; it has been emphasized that a key place among them belongs to administrative and legal regulation. It has been found out that administrative and legal regulation is a form of legal influence on public relations, which is carried out on the basis of the norms of administrative branch of law. Thus, this legal influence operates in the field of public relations that arise as a result of the activities of public law entities, in particular public authorities. Besides, administrative and legal regulation is, first of all, the system of norms that regulate organizational and administrative issues, aspects of the division of competence of public law entities and their legal relationship. The emphasis has been placed on the fact that if we consider the system of legal principles for combating corruption and organized crime, they mostly consist of the rules of administrative law, since they regulate organizational forms of combating corruption and organized crime as a special activity of public authorities, determine the competence of each of the subject of combating corruption and organized crime, establish structural and system aspects of such activities, establish features of control and supervision over the process of its implementation, etc. It has been established that administrative and legal regulation is dominant in the system of legal principles for conducting activities to combat corruption and organized crime in Ukraine.

scholarly journals Modification of the claim: limits and their impact on the availability of justice in the Russian Federation

2021 ◽  
Vol 118 ◽  
pp. 04005
Author(s):  
Lyudmila Valerievna Starodubova ◽  
Leonardo Aurelio Ingannamorte ◽  
Igor Vladimirovich Mashtakov ◽  
Olga Sergeevna Lapshina ◽  
Golib Nurullo Kodirzoda
Keyword(s):  
General Theory ◽  
Interdisciplinary Science ◽  
Scientific Methods ◽  
Civil Proceedings ◽  
Legitimate Interests ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Principles Of Justice ◽  
Theory Of Law

The purpose of the study is to prove the need to lift restrictions in civil proceedings and proceedings in arbitration courts in terms of the limits of modification of the claim and to provide the applicant with the possibility of simultaneous modification of the subject and the basis of the claim while maintaining their previously stated legally protected interest. Certainly, this may be possible only and exclusively with the approval of the judge, as well as with the preservation of all procedural guarantees for the defendant. The methodological basis of the research is the general, general scientific and private scientific methods of cognition used by legal science in the object-subject sphere of cognition of the general theory of law. In addition, a number of synthetic, integrative methods of research are used, which are included in the methodology of interdisciplinary science, which is relevant for modern socio-humanitarian science. The results of the study are the justification that these limits in some cases can completely block the applicant’s access to the mechanisms of justice. The authors argue that this is unacceptable since it violates both the subjective right of the applicant to a defense, and one of the most important principles of justice is the principle of accessibility. The authors also considered the issue of the validity of the limits of the modification of the claim. The novelty of the work is in the results of the analysis of the practice and the alleged hypothetical situations in which the existence of limits for the modification of the claim does not allow the applicant to defend its rights and legitimate interests, as in the identified causes, conditions, and consequences of such phenomena.

scholarly journals Object and Subject of Legal Regulation as Components of the Structural Organization of Law and Order

Lex Russica ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 118-131
Author(s):  
E. V. Svinin
Keyword(s):  
Public Relations ◽  
Structural Organization ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Order ◽  
Law And Order ◽  
Legal Literature ◽  
The Subject ◽  
Dynamic Structures ◽  
Fundamental Categories

The relationship of the legal order with the categories "object of legal regulation" and "subject of legal regulation" has not been studied comprehensively enough. The legal literature has developed an approach to defining the structure of law and order as a set of public relations regulated by law. This approach seems limited, since it inevitably leads to the identification of the structure of the rule of law and the subject of legal regulation. Other aspects of the interaction of law and order with the categories "object of legal regulation" and "subject of legal regulation" are yet to be studied.The multi-aspect nature of the "law and order" category necessitates an integrated approach to its structure, for the analysis of the categories "object of legal regulation" and "subject of legal regulation" are of great methodological importance. The peculiarities of the manifestation of order in the legal sphere allow us to distinguish three relatively independent sides of a single concept: law and order as a "norm", "process" and "result" of legal life.The study of static and dynamic structures of law and order is impossible without analyzing the categories "object of legal regulation" and "subject of legal regulation". These categories are considered as the most important components of the structural organization of law and order. In this capacity, they allow you to see the internal logic and regularities of the manifestation of order in the system of legal phenomena such as sources of law, the system of law, the system of legislation, legal relations and legal activity.The application of the categories "object of legal regulation" and "subject of legal regulation" allows you to create a comprehensive and complete picture of the structure of law and order. However, it seems that legal science should pay more attention to these categories. The established traditional and dogmatic views need a new system update. The development of a private theory of the object of legal regulation and the subject of legal regulation will make it possible to achieve significant results in understanding other fundamental categories, in particular the legal order.

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