scholarly journals On the Conceptual and Categorical Apparatus in the Field of Personal Rights Protection in Criminal Proceedings

2021 ◽  
Vol 17 (2) ◽  
pp. 85-94
Author(s):  
T. A. Rytikov
Keyword(s):  
Legal Theory ◽  
Point Of View ◽  
Theory And Practice ◽  
Individual Rights ◽  
Criminal Proceedings ◽  
Rights Protection ◽  
Legitimate Interest ◽  
Legal Science ◽  
Personal Rights ◽  
The Relationship

The problem of protecting human rights and freedoms is one of the urgent and fundamental problems of modern legal theory and practice. The actualization of this problem is currently due to a significant update of the criminal procedure legislation. The solution to the problems of this protection is not possible without identifying and analyzing the theoretical basis for the protection of individual rights in criminal justice. In the course of the study, conclusions are drawn about the relationship between the concepts of “right”, “freedom” and “legitimate interest” that are similar in content. At the same time, it is noted that legal science proceeds from the fact that there is essentially no fundamental difference between the concepts of “right” and “freedom”, the concept of “legitimate interest” is a prerequisite for the implementation of the first two concepts. The article presents the positions previously expressed in legal science regarding the ratio of fairly similar general legal categories, such as “protection” and “preservation”. The author's point of view on the correlation of these concepts is expressed, it is concluded that the concept of “preservation” is broader in its content than the concept of “protection”, and includes the latter. It’s developed its own approach to understanding the protection of individual rights in criminal proceedings.

scholarly journals Interrogation tactics with an interpreter

2021 ◽  
Vol 118 ◽  
pp. 03004
Author(s):  
Sergey Vladimirovich Shvets ◽  
Vladimir Dmitrievich Zelensky ◽  
Svetlana Alexandrovna Kuemzhieva ◽  
Anastasiya Plotskaya
Keyword(s):  
Sharp Decrease ◽  
Point Of View ◽  
Theory And Practice ◽  
Criminal Proceedings ◽  
Linguistic Rights ◽  
Information Interaction ◽  
Lack Of Control ◽  
The Difference ◽  
Transfer Of Information ◽  
Investigation Procedure

In holding an investigation in relation to or with the involvement of persons, who do not know or insufficiently know the language of criminal proceedings, it becomes necessary to involve an interpreter in the crime investigation procedure. However, the contemporary investigative theory and practice take into account only one situation, namely the monolingualism of parties to a criminal proceeding. The situation when the investigator and his/her procedural opponent are fluent in different languages is still overlooked by our today’s researchers. The article examines features of the influence of the need to use an interpreter on the interrogation from the point of view of information interaction between the parties. Within the framework of this research, it was substantiated that during the interrogation involving an interpreter, additional tasks, that are not characteristic of interrogation in its classical sense, arise. The groups of communication features of interrogation with the involvement of an interpreter, generated by the difference in the language system, the lack of control on the part of the investigator over the transfer of information between the interpreter and interrogated person, as well as a sharp decrease in the range of tactical techniques suitable for use, were identified. It is proposed to divide tactical techniques during interrogation involving an interpreter into four groups depending on the need to explain the essence of them to the interpreter, as well as the need to prepare an interpreter to participate in their implementation. The article concludes the influence of an interpreter on the tactics of investigative actions, if necessary, to involve him/her to guarantee the linguistic rights of the parties to criminal proceedings, and also offers recommendations for overcoming the tactical difficulties that arise during interrogation.

Money in Classical Islam: Legal Theory and Economic Practice

2018 ◽  
Vol 25 (4) ◽  
pp. 427-466
Author(s):  
Norbert Oberauer
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Theoretical Concept ◽  
Theory And Practice ◽  
Money Markets ◽  
Economic Practice ◽  
Wide Range ◽  
The Relationship

AbstractThe present study examines the conception of money in classical Islamic law, specifically the relationship between scholarly discourses on money and actual economic practice. I shall argue that the theoretical concept of money was to some extent a fiction. Muslim jurists conceived of money in terms of a three-tier currency system that involved gold dinars, silver dirhams and copper fulūs. The market was much more complex. A wide range of coins of various metallic content, weight and value circulated. In the first part of the study I describe the complexity of Islamic money markets. In the second part, I investigate how scholars reacted to the gap between theory and practice and posit some tentative conclusions about the relationship between Islamic law and practice.

The Legitimacy of the Bolshevik Order, 1917-1918: Language Usage in Revolutionary Russian Law

2012 ◽  
Vol 37 (4) ◽  
pp. 395-419 ◽  
Author(s):  
Tatiana Iu. Borisova
Keyword(s):  
Legal Theory ◽  
Point Of View ◽  
Theory And Practice ◽  
Legislative Politics ◽  
Legal Language ◽  
Bolshevik Revolution ◽  
The People ◽  
Legal Legitimacy ◽  
Legislative Policy ◽  
Further Development

This article describes and analyzes the legislative politics of the revolutionary regimes in Russia in 1917-1918. The author aims to demonstrate the political meaning of the form of early Soviet legislation and its legitimizing effect. Revolutionary legislators often used specific language in new laws as a vehicle for legitimacy, i.e., as a means of making the people comply with those laws. The two main types of legal language used by the Bolsheviks can be interpreted from the perspective of different types of legitimacy. The revolutionary strategy used propagandistic legislation, written in the language of lay people, which urged them to act according to the new law. This can be seen as a request for the people to take certain actions and thus to legitimize the soviets. On the other hand, they also used the traditional strategy by employing old bureaucratic means of writing and distributing legislation to the local soviets. The language used by this strategy could not be easily understood by a lay audience and implied a tradition of obeying the law written in familiar legal language, which in turn implied rational/legal legitimacy. The second strategy had already become dominant after the first months of the Bolshevik Revolution. This observation demonstrates that, from the very beginning of their rule, Soviet leaders approached legislative policy from a technocratic point of view, which determined the further development of Soviet legal theory and practice.

THEORETICAL AND LEGAL FRAMEWORK OF PROCEDURAL GUARANTEES OF PERSONAL RIGHTS IN A CRIMINAL PROCEDURE

2021 ◽  
Vol 6 (9) ◽  
pp. 65-72
Author(s):  
Dildora Bazarova ◽  
Keyword(s):  
Analytical Data ◽  
Criminal Procedure ◽  
Legal Framework ◽  
Public Confidence ◽  
Individual Rights ◽  
Criminal Proceedings ◽  
Legal Reforms ◽  
Personal Rights ◽  
Legitimate Interests ◽  
The Individual

Ensuring reliable protection of the rights, freedoms and legitimate interests of citizens in the judicial system, as well as further strengthening public confidence in justice, the content of legal reforms is to ensure the rights of the individual. Accordingly, this article examines the theoretical and legal foundations of procedural guarantees of individual rights in criminal proceedings on the basis of theoretical and practical analytical data. The article also analyzes the scientific views of scientists on the theoretical aspects of procedural guarantees of individual rights in criminal proceedings.Keywords:law, law, standard, crime, criminal procedure, investigation.

5. The Supremacy of EU Law

2019 ◽  
pp. 140-167
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Rights Protection ◽  
The Individual ◽  
The Uk ◽  
The Eu

This chapter examines the supremacy of EU law from both the point of view of the Union, as understood by the Court of Justice of the European Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU law supremacy is accepted only insofar as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU law or to review EU law in light of their own constitutions. The changing position of the UK and the EU is also considered including the Brexit referendum result and possible consequences of that.

5. The Supremacy of EU Law

2017 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Rights Protection ◽  
The Individual ◽  
The Uk ◽  
The Eu

This chapter examines the supremacy of EU law from both the point of view of the Union as understood by the Court of Justice of the European Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU law supremacy is accepted only insofar as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU law or to review EU law in light of their own constitutions. The changing position of the UK and the EU is also considered including the Brexit referendum result and possible consequences of that.

The Methodology of Jurisprudence: Thirty Years Off the Point

2006 ◽  
Vol 19 (1) ◽  
pp. 67-105 ◽  
Author(s):  
Andrew Halpin
Keyword(s):  
Detailed Analysis ◽  
Legal Theory ◽  
Legal Reasoning ◽  
Theory And Practice ◽  
Morbid Condition ◽  
The Relationship ◽  
Independent Assessment

This essay considers the growing interest in the methodology of jurisprudence in the context of a broader examination of the relationship between legal theory and the practice of law. Attention is drawn to the particular puzzles of how theory can both be independent of and yet inform practice, and how methodology can take a similar stance towards theory. Through a detailed analysis of the methodological positions adopted by Dworkin, Raz, and Coleman and Simchen, the conclusion is reached that methodology is not a resource capable of offering an independent assessment of the merits of competing theories.Mainstream jurisprudential discussion is traced through the Hart-Dworkin debate to assumptions on the relationship between theory and practice initially adopted by Hart and sustained by subsequent contributors. The morbid condition of a prominent part of contemporary jurisprudence is identified with an unwarranted elevation of theory over practice. A more fruitful role for theory is suggested, in expounding the controversies met in the practice of law and considering the potential that exists for resolving them. It is suggested that this approach breaks down an artificial divide between descriptive and normative jurisprudence.A number of ancillary matters are discussed in the essay including: semantic (and metasemantic) approaches to legal theory, Dworkin’s semantic sting, the distinction between methodological and theoretical elements of Law's Empire, Dickson on the ‘indirectly evaluative approach’, the position of Hart in his Postscript, and Raz's split theory of legal reasoning and law.

scholarly journals The Legal Theory of the Juridical Coup: Constituent Power Now

2011 ◽  
Vol 12 (8) ◽  
pp. 1553-1572
Author(s):  
Luigi Corrias
Keyword(s):  
Legal Theory ◽  
Point Of View ◽  
Eu Law ◽  
Constituent Power ◽  
Coup D'etat ◽  
The Relationship

In a thought-provoking article, Alec Stone Sweet put forward a problem he called the juridical Coup d'État. His work was the opening of a debate to which Neil Walker, Wojciech Sadurski and Gianluigi Palombella contributed. In a subsequent essay, Stone Sweet responded to their comments. In this article, I would like to sketch this debate and explore its significance for legal theory. It is my hypothesis that the problem of the juridical coup is closely connected with the relationship between constituent (constituting) and constituted (constitutional) power. Moreover, the juridical coup shows in an exemplary way how this relationship should be understood. Before addressing the problem in these terms (Section C), analyzing an additional example of a juridical coup in EU law (Section D) and developing my own position vis-à-vis the different contributors (Section E), in the following section, I will give an overview of the argument of Stone Sweet. Taking into account the wealth of issues raised by him, I will concentrate on those aspects of his essay that are of most interest from a legal-philosophical point of view. Thus, the first question to be answered is: What are we to understand under a Juridical Coup d'État and what is its theoretical importance?

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