scholarly journals TEXT OF LEGAL DEFINITIONS: LINGUISTIC FEATURES

Author(s):  
Виктор Николаевич Зайковский ◽  
Валентина Сергеевна Загуменкина

Рассматриваются юридические и лингвистические особенности правовых дефиниций, анализируется их структура и определяется их роль в механизме правового регулирования. Приводятся основные правила построения юридических дефиниций. Выявляются особенности построения текстов юридических дефиниций на лексическом, морфологическом и синтаксическом уровнях. The paper considers special legal and linguistic aspects and characteristics of legal definitions, analyzes their structure and determines their role in the legal regulation mechanism. The basic rules for constructing legal definitions are given. The structure of legal definitions at morphologic, lexical and syntactic levels is analyzed.

2020 ◽  
Vol 12 ◽  
pp. 5-11
Author(s):  
Aleksandr Yu. Yakimov ◽  

The article is devoted to the consideration of important components of the mechanism of the legal regulation of the organization and implementation of road traffic. These include priorities, advantages associated with participation in road traffic, restrictions associated with participation in the specified process, and requirements for road users and vehicles. Based on the analysis of the provisions of the Traffic Rules of the Russian Federation and other regulations from the perspective of a systematic approach, the author examines the totality of these components and their interrelationships. The existing shortcomings of the legal regulation of the organization and implementation of road traffic are revealed. Taking into account the results obtained, proposals are formulated to improve the legal regulation mechanism under consideration.


2020 ◽  
Vol 16 (3) ◽  
pp. 108-119
Author(s):  
Ирина Попова ◽  
Анастасия Иванова

To achieve the purpose of criminal proceedings, law enforcers must have an arsenal of procedural tools in order to ensure the operation of the legal regulation mechanism. The system of principles of criminal proceedings, serving as the basis for the effective operation of the norms of criminal procedure law, includes the adversarial principle. The implementation of this principle has a number of features in pre-trial proceedings. In this aspect, a comparative study of the adversarial principle in national criminal proceedings and in foreign criminal proceedings is of both scientific and practical interest. Purpose: analysis of the adversarial principle at the pre-trial stages in national and foreign criminal proceedings, as an element of the legal regulation mechanism. Methods: dialectic methods as a general scientific method of cognition, as well as specific scientific methods: interpretation method, comparative legal, technical legal, formal logical in their various combinations. Results: the study reveals that the adversarial principle operates in various types of criminal process in the mechanism of legal regulation of Russia and foreign countries. To achieve the social purpose of criminal proceedings, which provides for the protection of rights and legitimate interests, the adversarial principle must be implemented, including at the pre-trial stages of criminal proceedings.


2019 ◽  
pp. 91-95
Author(s):  
V.V. Sukhonos

The article is devoted to administrative legal personality, which is part of the structure of the administrative-legal personality of private legal entities. At the same time, it is argued that, on their own, the rules of law cannot influence the behavior of their addressees, therefore the only instrument by which legal regulation is used to help ensure such influence is the mechanism of legal regulation within which the functions of law are implemented, and specific life situations are addressed. It is noted that, like any state mechanism, the mechanism of legal regulation consists of the relevant elements, namely: norms of law, legal relations, and acts of realization of rights and obligations. Thus, we can conclude that the disclosure of the features of the mechanism of legal regulation is possible only if a thorough study of its elements. Thus, each state that there is no language and there can be no legal regulation, which in its nature and nature is different from other types of regulation. It should also be remembered that, at its core, legal regulation is not material but is done through the consciousness and will of the people. It is perfect. However, any ideal process cannot occur without the participation of matter. Based on all the above, it can be stated that one of the constituent parts of the mechanism of legal regulation is legal relations. It should be remembered that public relations also have an internal structure to which the subject, object, and content relate. However, the absence of at least one of the elements of the relationship automatically complicates, or even precludes their very existence. The same rule applies to the mechanism of legal regulation. Thus, the study of each of the components of the mechanism of legal regulation has the same scientific significance and importance as the study of the mechanism itself. Therefore, if we conduct a study of administrative-legal personality, then it must take into account its place and the impact on legal regulation as a whole. Legal personality nowadays also exists in administrative law, although the very concept of “legal personality”, as a certain characteristic of a legal entity, originally originated in civil law. However, it should be remembered that the method of administrative law is significantly different from civil law, and therefore the use of civil law expertise in the field of legal personality should be used with extreme caution. In his desire to ensure state control and the possibility of applying state coercion, the legislator adapted the rules of public law to the construction of a legal entity of private law. On this basis, it should be noted that different types of legal entities under private law would have different levels of administrative capacity. That is why the legal capacity of legal persons under private law can be recognized as administrative law, both social and legal capacity, and the need to be the subject of administrative-legal relations. Keywords: administrative-legal personality, legal entity, private law, mechanism of legal regulation.


E-Management ◽  
2020 ◽  
Vol 2 (4) ◽  
pp. 11-21 ◽  
Author(s):  
O. I. Larina

An accomplished fact is the development of the cryptocurrency market, including in Russia. At the same time, the Russian legal regulation mechanism has not yet been formed, and the existing draft law on the circulation of digital financial assets has not yet been agreed. Growing demand for cryptocurrencies from investors carries systemic risks, as well as threats of using digital financial assets for illegal purposes. In this regard, regulators in different countries are forced to take measures to legislate the circulation of such assets. At the same time, such measures can be quite different: from simply informing subjects about possible risks to the adoption of detailed laws establishing the rules for the circulation of such assets, the rights and obligations of subjects. At the same time, country approaches not only to regulation, but also to the definition of the essence of cryptocurrencies (money, assets, rights) differ greatly.The purpose of the article is to form recommendations on possible development of directions of Russian regulation of the cryptocurrency market. International approaches to the regulation of digital currencies, the practice and features of their application, as well as the proposed legal norms of the Russian bill on the use of digital financial assets in civil circulation have been analyzed in the article. As the research methodology, legal and comparative analysis of Russian and foreign practice has been used. Recommendations for making amendments to the current financial legislation and emerging digital legislation have been given. According to the author, the development of the cryptocurrency market in Russia in the near future will be influenced by the following facts: the adoption of digital legislation, international experience and practice of using cryptocurrencies, technological changes.


Author(s):  
K. V. Trifonova

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.


The article is to devoted to the study of the experience of Member State in the field of practical implementation of e-governance. The author analyzed norms of the European Union legislation in the sphere of regulation the modern model of e-governance. Based on the analysis of the norms of the European Union legislation is suggested to mean the e-government as one of the priority tools of the European concept of governments’ modernisation strategу. The potential and ways of improving of the e-governance current model in the Member State are determined. The modern ways of realization of the e-governance at regional and European Union level are defined. The best Member State practices, which will provide an opportunity of the implementation the modern digital technologies in the sphere of the public services. delivery was underlined and systematized be the author. The most effective ways of realization of the e-governance, according to the author, which are used in the member states of the European Union, include: сross-border digital public services, of electronic identification and trust services for electronic transactions in the internal market (eIDAS services); Open Data Portal; shared Cloud Infrastructure; system of the e-democracy and e-participation measures; mutual public service centers; removation of the existing digital barriers; artificial intelligence technologies; using real-time data. This investigation contributed to formation of theoretical conclusions and practical recommendations that are aimed at improvement of the e-governance legal regulation mechanism at national level. The necessity of the enhancement the national e-governance system and make it consistent with standards of European Union law is emphasized.


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