scholarly journals On the role of legal education of non-professional participants of criminal proceedings in the criminal science

2021 ◽  
pp. 19-25
Author(s):  
Evgenii Vladimirovich Zubenko ◽  
Evgenii Nikolaevich Bugaev ◽  
Darima Andreevna Garmaeva
Keyword(s):  
Social Relations ◽  
Legal Education ◽  
Legal Regulation ◽  
Criminal Investigation ◽  
Research Subject ◽  
Criminal Proceedings ◽  
Public Authorities ◽  
Investigation Technique ◽  
General Provision

The research subject is the activity of public authorities and officials related to anti-criminal education of non-professional participants of criminal proceedings, and the legal regulation of such an activity within a criminal investigation. The authors study the role of legal awareness in criminal science. The research object is social relations regulating the activity at the level of public authorities and their officials aimed at legal education. The authors consider legal education as a part of an investigator’s work, which should be reflected in criminal science. The research methodology is based on the dialectical and formal-legal research methods, as well as the analysis of regulatory documents and criminalistic literature. The authors describe the role of legal education (in the course of their formation) within the structure of criminal science. It can be implemented within one or several tactical methods (their combination); as a general provision of the criminal investigation technique; as a subtheory of criminal science.   

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS

2020 ◽  
Vol 33 (20) ◽  
pp. 77-81
Author(s):  
N. Yu. Veselov
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Main Body ◽  
Criminal Proceedings ◽  
Rights Of The Child ◽  
The Law ◽  
Keywords Child ◽  
Legal Mechanism

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.

scholarly journals Digital Law and Problems of Gradual Transformation of the Russian Legal System

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 9-18
Author(s):  
V. N. Sinyukov
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Culture ◽  
Legal Regulation ◽  
Legal Tradition ◽  
Legal Form ◽  
Culture Development ◽  
Digital Law ◽  
Gradual Transformation

The relevance of the topic of the balance between the system of law and processes of digitalization of legal regulation is preconditioned by fundamental changes that are taking place in the legal system of Russia due to current technological challenges. The author qualifies changes under consideration as the processes of gradual transformation of law and its system. The article explores the dynamics of evolution of the legal understanding of the world due to technical progress. The author concludes that the new technological lifestyle pattern changes not only the usual lifestyle of people, but also the nature of legal regulation. The problem of consistent legal interpretation of the technological revolution is presented. It is concluded that the preservation of the systemic unity of the legal form is possible on the basis of the step-by-step revision of foundations of macroorganization of law. The paper demonstrates the difference between the current period of development of law and the classical epoch that proves the fact that the legal culture is about to include the virtual world into its subject matter. A sectoral approach based on monodimensional or complex subjects and methods of legal regulation can no longer provide for the comprehensive understanding of the nature of law. The paper depicts the evolution of notions of the norm and institute of law on the basis of symbiosis of deontic and behavioral elements that characterize the concept of legal technology. The conclusion about normativity of technological processes is made. The article substantiates the place and role of digital law in the process of gradual transformation of the legal system. The article justifies the provision that digital law performs the function of restructuring the legal system. The article reveals the subjects and methods of digital law as a source of law having impact on social relations. The author suggests the concepts of digital environment that creates a new type of lawyerism, namely: digital and analog law, and describes the correlation between them. The author puts forward the hypothesis of fundamental and applied law, describes their subject areas. On the basis of the analysis of the structural evolution of the legal system in the context of technological changes, the author provides for the forecast of parameters of the future legal order. It is concluded that conflicts of virtual and classical legal orders can be resolved under norms of digital law that eliminate the contrasting sides of legal permits and prohibitions. The author poses the issues regarding subjects of digital legal culture development, the new legal language, the role of analog law in restructuring the legal system, the balance between digital law and national legal tradition. The hypothesis of national models of digitalization of legal culture is put forward.

scholarly journals Essence and significance of legislation systematization in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 101-106
Author(s):  
Nataliya Obushenko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Effective Means ◽  
Legal Education ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
Effective Implementation ◽  
The Right ◽  
Further Development

The article highlights that the systematization of legislation is an essential measure on the path to European integration of our country, as well as that the systematization allows improving and streamlining legislation for ease of application and effective implementation in practice. The article reveals that the role of systematization of legislation is to create all the necessary conditions for its further development, to get rid of gaps and shortcomings in it and to ensure its internal unity. The article clarifies that the systematization of legislation creates opportunities to quickly find and correctly interpret all the necessary regulations, which provides a purposeful and effective legal education of society. Systematization of legislation becomes important in reviewing the sources of law, orientation in the system of legislation, for the adoption of new regulations by law enforcement agencies in coordination with all regulations, addressing obsolete acts and finding the most effective means of regulatory regulation of public relations. In the article, the systematization of legislation should be understood as a set of organizational and legal actions defined by the current legislation of Ukraine, which is carried out by authorized public authorities to bring existing regulations into a single internally coordinated system that improves overall efficiency. Systematization is a process of organizing individual elements, creating the right conditions for them to cooperate and interact with each other. Systematization is one of the main factors of purposeful and effective legal education (formation of legal awareness) and research in the field of student education.

scholarly journals Classification of factors determining criminality in the sphere of housing and utilities infrastructure

2021 ◽  
pp. 14-25
Author(s):  
Denis Yur'evich Goncharov
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Research Subject ◽  
Public Authorities ◽  
Internal Factors ◽  
Scientific Methods ◽  
Determination System ◽  
General Scientific

The research object is criminality in the sphere of housing and utilities infrastructure. The research subject is the combination of factors determining criminality in this sphere. The topicality of such a classification is conditioned by a special role of the housing and utilities infrastructure in the country’s economy. All crimes committed in the housing and utilities infrastructure, trespassing upon property, also threaten public safety. The author uses general scientific methods of dialectics, analysis and generalization, as well as specific methods of summarizing and grouping. The author formulates the classification of factors determining criminality in the sphere of housing and utilities infrastructure. The classification is based on the distinction between objective (external) and subjective (internal) factors. The former ones are historically determined, i.e. caused by the existing mechanisms functioning in the sphere, which can be overwhelmed only by means of reforming the regulating legislation and modernizing the engineer infrastructure. The latter ones are caused by the drawbacks in the organization of public authorities supervising the housing and utilities infrastructure, and law enforcement bodies. The proposed determination system allows organizing comprehensive and targeted planning of measures preventing this type of criminality.   

scholarly journals Social Technologies and Principles of Criminal Justice in the Context of its Digitalization

Lex Russica ◽  
2020 ◽  
pp. 84-92
Author(s):  
V. I. Przhilenskiy
Keyword(s):  
Criminal Justice ◽  
Social Relations ◽  
Social Engineering ◽  
Criminal Proceedings ◽  
Social Technologies ◽  
The Individual ◽  
Methodological Guidelines ◽  
The Relationship ◽  
Gradual Transformation

The paper analyzes the problems that arise in the process of digitalization of criminal proceedings, when its organizers are forced to organize the interaction of social and computer technologies, the joint development and application of which become inevitable in modern conditions. The basic concepts of social technologies theory that were originally developed as a means of organizing human activities, with criminal justice system being only one of them, are interpreted in a new way. The main contexts of application of "social technology" concept, as well as the significance of social technologies in the formulation of principles and achieving the goals of criminal proceedings are studied. The author defines a special type of social technologies, humanitarian technologies in the paper, and analyzes the relevance of this type of technology in the system of principles of criminal procedure. The author substantiates the need to distinguish between the theoretical and technological aspects of compliance with the principles of criminal justice, which allows us to reconstruct the entire system of goal-setting impact on people’s actions and social relations through the development and application of social technologies. The concept of gradual transformation of society through the use of social engineering, put forward by K. Popper, is analyzed in detail. The role of the theoretical distinction between methodological essentialism and methodological nominalism (antirealism) is reconstructed. The ideological and political contextualization of the theory of social technologies, which dominates in modern social science, is subjected to critical analysis. The author examines the ontological assumptions and methodological guidelines proposed by K. Popper for the approval of his socio-technological doctrine. The author identifies and describes the specifics of the use of social technologies in the context of the use of artificial intelligence systems in criminal proceedings. The point about the need to search for the relationship and mutual consistency of the systems of the individual and society in the process of digitalization of criminal proceedings both at the level of principles and at the level of technology is substantiated.

scholarly journals Individual Regulation of Legal Relationships in Science and Engineering in the Conditions of Digitalization: A Theoretical Legal Aspect

2021 ◽  
Vol 1 ◽  
pp. 14-17
Author(s):  
Lenar A. Gumerov ◽  
Keyword(s):  
Civil Society ◽  
Social Relations ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Self Organization ◽  
Evidence Based ◽  
Science And Engineering ◽  
Individual Regulation ◽  
Law Making

The author creates evidence-based knowledge about the essence of individual regulation of legal relations, revealing the features of this type of regulation in the scientific and technological sphere in the context of the digitalization of civil society. The increasing role of individual regulation is substantiated in connection with the openness of society, the existing processes of its self-organization, as well as the need for self-realization of individuals. It has been established that the development of individual regulation in the scientific and technological sphere is facilitated by the lack of proper legal regulation of new social relations. The article analyzes the existing approaches to individual regulation in legal science, identifies the differences between legal and individual regulation of legal relations. The theoretical debatable nature of the concept of «individual legal regulation» has been proved. Results of a research can be used in law-making activity, including in the process of interaction between civil society and the state, aimed at improving the legal regulation of the scientific and technological sphere, in the subsequent scientific research.

Electronic Investigation Technologies and Modern Format of Technical and Criminalistic Support for Criminal Cases Investigation

2021 ◽  
Author(s):  
G.V. Romanova ◽  
◽  
V.I. Romanov ◽  
Keyword(s):  
Information Technologies ◽  
Rapid Development ◽  
Continuous Process ◽  
Modern Society ◽  
Legal Regulation ◽  
Point Of View ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Processing And Storage

The article considers the main aspects of the electronic criminal investigation technologies application from the point of view of modern legislation of Russia and foreign countries. In modern society, there is a continuous process of improving the means of transmitting information, developing and implementing new technical devices for its processing and storage. The rapid development of science and technology inevitably leads to the desire to regulate the relations that arise in this area from a legal point of view. Meanwhile, in the Russian legal science, the information space is defined through the unity of its two components: the technical one, which includes the communication and communication infrastructure, and the social one – the community of Internet users. In this regard, the normative regulation of this area justifiably causes objective difficulties. The development of high technologies leads to the most frequent use of a relatively new form of technical and forensic support for the investigation of criminal cases in the process of criminal investigation. In the modern practice of investigation, the traces left by criminals on various media due to the expansion of digitalization processes are becoming more and more important every year. Timely, systematic development of legal regulation of the use of electronic information technologies is recognized as the most important condition for the successful digitalization of criminal proceedings. Understanding the need for the introduction of electronic technologies in the investigation of a criminal case from the point of view of the informational and technological nature is necessary, since the criminal process should not be an exception within the framework of a single international information policy, and its technological effectiveness should be dominant.

Defense of local autonomy in the Constitutional Court of Spain

2020 ◽  
Vol 29 (5) ◽  
pp. 89-111
Author(s):  
Evgeny Komlev
Keyword(s):  
Negative Impact ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Local Autonomy ◽  
Legal Doctrine ◽  
Public Authorities ◽  
Autonomous Communities ◽  
Advantages And Disadvantages ◽  
Formal Requirements

The article examines the procedure for considering complaints about violation of local autonomy in the Constitutional Court of Spain. The study is based on the analysis of legal regulation of such a category of cases as conflicts in defense of local autonomy and the relevant practice of the Constitutional Court of Spain. The aim of the study is to identify the features of Spanish procedure for protecting the local autonomy by means of constitutional justice, to determine the main advantages and disadvantages of the legal regulation of this procedure. As a result of the analysis, the author comes to the conclusion that the mechanism for defense of the local autonomy in the Constitutional Court of Spain is not free from significant drawbacks. Some of such drawbacks are mainly procedural, based on the relevant legal regulation (among them – excessive requirements for the municipalities or provinces in terms of the number of territorial entities authorized to lodge the complaint; the existence of some formal requirements that can be abolished without reduction in effectiveness of justice). Positions rooted in Spanish legislation and practice of the Constitutional Court of Spain regarding the place and role of local self-government bodies in the system of public authorities in some cases also have a negative impact on the limits of defense of the local autonomy. Such positions are often taken from German legal doctrine, but they are not always successfully adapted within the framework of the Spanish legal system. It seems that the drawbacks noted in the article do not allow to completely attain the aims for which local bodies were empowered to apply to the Constitutional Court of Spain. Among the advantages of the procedure for considering complaints about violation of local autonomy are the flexible approach of the legislator and the Constitutional Court of Spain to a number of issues; taking into account the historical and national (including linguistic) characteristics of Autonomous Communities; the interpretation of the disputed issues by the Constitutional Court of Spain mainly in favor of the applicants. The article formulates ideas regarding the possible improvement of the procedure for defense of the local autonomy in the Constitutional Court of Spain.

scholarly journals Current State of Normative and Legal Regulation of the Rehabilitation Institution in Criminal Proceedings of Ukraine

2020 ◽  
Vol 91 (4) ◽  
pp. 272-281
Author(s):  
H. I. Hlobenko
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Social Relations ◽  
Radical Change ◽  
Legal Regulation ◽  
The State ◽  
The European Union ◽  
Criminal Proceedings ◽  
Current State ◽  
Original Definition

The authir has carried out theoretical study of the current state of regulation of the rehabilitation institution in criminal proceedings of Ukraine, the immediate task of which is to protect human and civil rights and freedoms within relations between the state and an individual. Numerous appeals to the ECHR by citizens of Ukraine, who have been illegally or unjustifiably prosecuted, as well as the existence of decisions in their favor indicate on the shortcomings of this institution. The essence of the term of “rehabilitation” and its normative enshrinment in legislative acts at some historical stages of the world community development has been studied. It has been established that it was first used in medieval France to denote the pardon of a convict with the restoration of all his former rights. However, due to the development of social relations and a radical change in society’s attitude to sentencing, the concept of “rehabilitation” has become much broader than the original definition. Based on the detailed analysis of theoretical developments of leading scholars, international and legal acts, criminal procedural legislation of Ukraine, some countries of the European Union and the post-Soviet space, special attention has been focused on significant shortcomings of legal regulation of the specified area of public relations in Ukraine. The author has suggested own vision of the concept of “rehabilitation”. The author has offered to reffer it to the tasks of criminal proceedings stipulated by the provisions of the Art. 2 of the Criminal Procedura; Code of Ukraine. Besides, special attention has been paid to the fact that a rehabilitated person, in addition to compensation for damages and restoration of violated rights, must receive an official apology on behalf of the state for unjustified or illegal prosecution.

scholarly journals E-GOVERNMENT AS A METHOD FOR LEGAL COMMUNICATION BETWEEN CIVIL SOCIETY AND PUBLIC ADMINISTRATION

2021 ◽  
Vol 1 ◽  
pp. 125-138
Author(s):  
Olena Makeieva ◽  
Liudmyla Shapenko ◽  
Kateryna Vodolaskova
Keyword(s):  
Civil Society ◽  
Public Administration ◽  
Local Governments ◽  
Digital Age ◽  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
Depth Analysis ◽  
Legal Communication

E-government is a form of public administration which promotes efficiency, openness and transparency of public authorities and local governments with the use of information and telecommunications technologies to form a new type of state focused on meeting the needs of citizens. E-government is studied as a way, a form, the concept, system and mechanism of cooperation between the state (public administration) and public sectors (civil society). As a method for legal communication between civil society and public administration, e-government plays the role of a means of public self-government, which involves interactivity and continuity of interaction between citizens and the state, the presence of public control over the activities of public authorities. This article is dedicated to reveal the role of e-government for realizing the goals of legal communication between its participants in public life. However, further in-depth analysis requires understanding the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, as well as exploring promising areas of legal regulation of virtual legal relations between public authorities and civil society. The implementation of e-government in Ukraine should be provided on a qualitatively new level to develop efficient legal communication between government and society as a whole, strengthen confidence in the state and its policies, improve cooperation between public authorities and local governments, business, citizens and civil servants. The authors of this article adhered to its purpose, which is to analyze the understanding of the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, and exploring promising areas of legal regulation of virtual legal relations between government and civil society.

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