scholarly journals Relationships, Interactions and Contradictions of Legal Liability and the Exercise of Law

2021 ◽  
Vol 2 ◽  
pp. 3-9
Author(s):  
I.A. Kuz'min ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Knowledge ◽  
Legal Practice ◽  
The Real ◽  
Methodological Approaches ◽  
Different Levels ◽  
Law Making

The problem of correlation of legal phenomena of legal liability and realization of law is investigated from the standpoint of interconnections, interactions and contradictions between them. The sphere of «contact» of legal liability and the realization of law, their main properties at different levels of legal reality, based on the pluralism of the established scientific approaches, has been determined. It is proposed to consider legal liability as a general theoretical and sectoral model at the macro and micro levels. The specificity of the correlation of these phenomena inof the study and possible methodological approaches to its conduct, based on existing legal knowledge, as well as taking into account the real needs of legal practice. It is concluded that it is necessary to form a general theoretical, and then a sectoral methodology for studying the processes of correlation between legal liability and the realization of law for the purposes of law-making and law enforcement.

scholarly journals The Rule of the Present, Not the Past

Jus Cogens ◽  
2021 ◽  
Author(s):  
Franco Peirone
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Practical Reasons ◽  
Legal Practice ◽  
The Rule Of Law ◽  
The Past ◽  
The Law ◽  
The One ◽  
Law Making ◽  
The Ideal

Abstract There is a perennial ambiguity in the rule-of-law preposition: it predicates that the law shall rule, but which law? This legal loophole has led to a diverse array of interpretations of the concept. Of these, two appear particularly adverse to what the rule of law should primarily be—the rulership of the law—yet still remain dominant. On the one hand, the rule of law is intended to be the vehicle to deliver above-the-law goods such as human rights or other individual entitlements like property, and to forever shield them against any other force, including the law. On the other hand, the rule of law is believed to be a tool at the rulers’ disposal, who make use of the law but are not bound by it, for either legal or practical reasons. In both cases, a pre-legal setting for society allocates rulership to something but not the law, against the very essence of the ideal: an authoritative legal practice for the sake of regulating the present society. As such, the rule of law has to meet certain requirements of craftsmanship, like conditions in law-making and law-enforcement, and sources, which are to be democratically underpinned.

scholarly journals GENETIC, COORDINATION AND SUBORDINATION RELATIONS OF LEGAL RESPONSIBILITY OF THE STATE

2019 ◽  
Vol 7 (2) ◽  
pp. 6-10
Author(s):  
Дмитрий Липинский ◽  
Dmitriy Lipinsky ◽  
Николай Макарейко ◽  
Nikolay Makareyko
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Legal System ◽  
Basic Research ◽  
The State ◽  
Legal Responsibility ◽  
Legal Practice ◽  
Significant Potential ◽  
Law Making

The article is devoted to the study of the characteristics of the genetic, coordination and subordination relations of the legal responsibility of the state with various elements of the legal system, as well as legal practice. The analysis of the current legislation and existing scientific approaches allowed the authors to conclude that there is a significant potential for studying the links between the institute of legal responsibility of the state and the need to take them into account in law-making and law enforcement. The article was supported by the Russian Foundation for Basic Research (RFBR), project No. 19-011-00083 A «Legal Responsibility in the Mechanism of Ensuring National Security».

A Sham Legal Phenomenon: The Concept and Legal Composition

Legal Concept ◽  
2021 ◽  
pp. 91-95
Author(s):  
Polina Zvereva ◽  
◽  
Dmitry Kirillov ◽  
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Tax Law ◽  
Legal Research ◽  
The Real ◽  
Scope Of Application ◽  
Theory Of Law ◽  
Legal Consequences ◽  
Law Making ◽  
Legal Meaning

Introduction: in recent decades, there has been an increase in the number of legal phenomena in which nominal properties do not correspond to the real ones. So, even such terms as, for example, the nominal value of an asset and the like began to be included in the laws. The discrepancy between nominal and real properties has long been typical for sham transactions. Therefore, the researchers considered it appropriate to extend the rules on such transactions to the legal phenomena of various branches. So, in tax law, it is proposed to talk about a sham counterparty and apply the legal consequences to the real one. It is also important that in recent years the concept of “sham object” has appeared in the acts of financial and administrative law. The accumulation of relevant circumstances predetermined the purpose of the study – based on the generalization of the construction of a sham transaction to reveal the composition of the concept of “sham legal phenomenon”. Results: the prerequisites for the formulation of the concept of “sham legal phenomenon” are revealed. The expediency of introducing this concept into the legal circulation is characterized. The relevance of extrapolating the construction of a sham transaction to sham legal phenomena is justified. It is shown that the elements of the composition of a sham legal phenomenon are the covering phenomenon claimed by the participants as real; the covered (real) legal phenomenon; the legal consequences of the covered phenomenon; the participants of the legal phenomenon seeking to achieve the legal consequences characteristic of the covered phenomenon. The rule on the legal meaning of the consequences of the covered legal phenomenon is formulated. The scope of application of the results is the theory of law, the branch legal sciences, scientific legal research, law enforcement, law-making. Conclusions: it is necessary to study the scale, causes and consequences of the prevalence of sham legal phenomena in various branches of law.

Rapport in the real world: How law enforcement defines and builds rapport with adult witnesses and suspects

2013 ◽  
Author(s):  
Jonathan P. Vallano ◽  
Jacqueline Evans ◽  
Jenna Kieckhaefer ◽  
Nadja Schreiber Compo
Keyword(s):  
Law Enforcement ◽  
Real World ◽  
The Real

TEACH-POT: Provide Opportunities in Teaching

2020 ◽  
pp. 79-91 ◽  
Author(s):  
Maria Giulia Ballatore ◽  
Ettore Felisatti ◽  
Laura Montanaro ◽  
Anita Tabacco
Keyword(s):  
Academic Community ◽  
Real Effect ◽  
The Real ◽  
Main Components ◽  
The Impact ◽  
Training Opportunities ◽  
Different Levels

This paper is aimed to describe and critically analyze the so-called "TEACHPOT" experience (POT: Provide Opportunities in Teaching) performed during the last few years at Politecnico di Torino. Due to career criteria, the effort and the time lecturers spend in teaching have currently undergone a significant reduction in quantity. In order to support and meet each lecturers' expectations towards an improvement in their ability to teach, a mix of training opportunities has been provided. This consists of an extremely wide variety of experiences, tools, relationships, from which everyone can feel inspired to increase the effectiveness of their teaching and the participation of their students. The provided activities are designed around three main components: methodological training, teaching technologies, methodological experiences. A discussion on the findings is included and presented basing on the data collected through a survey. The impact of the overall experience can be evaluated on two different levels: the real effect on redesigning lessons, and the discussion on the matter within the entire academic community.

LEGAL SKETCH «THE SIGNIFICANCE OF THE LEGAL EXCUSES AND PROVERBS OF ANCIENT ROME AS A MEANS OF LEGAL PROPAGANDA ABOUT LEGAL KNOWLEDGE AND CULTURE»

2020 ◽  
Author(s):  
Alexander Kukharev ◽  
Alexander Rusu
Keyword(s):  
Digital Age ◽  
Legal Culture ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Knowledge ◽  
The Law ◽  
Law Making

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Due diligence as a secondary rule of general international law

2021 ◽  
pp. 1-30
Author(s):  
Richard Mackenzie-Gray Scott
Keyword(s):  
International Law ◽  
Due Diligence ◽  
Legal Practice ◽  
Formed Part ◽  
International Law Commission ◽  
Domestic Law ◽  
Secondary Rule ◽  
Law Making ◽  
Law Commission ◽  
Do So

Abstract The conventional understanding of due diligence in international law appears to be that it is a concept that forms part of primary rules. During the preparatory stages in creating the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), the International Law Commission (ILC) focused on due diligence as though it could have formed part of secondary rules. Despite this process, no due diligence provision forms part of the ARSIWA. Yet a number of the final provisions are based on primary rules. This is because the ILC relied on the method of extrapolation in attempts to create secondary rules. Extrapolation is a method of international law-making by which the output of an analytical process is reproduced in a different form following an examination of its content that exists in other forms. In using this method, the ILC attempted to create secondary rules by extrapolating from primary rules. Yet it did not do so with respect to due diligence. However, due diligence can be formulated and applied differently by using this same method. This article analyses the steps of this process to construct a vision of where international legal practice should venture in the future. In learning from and amalgamating the dominant trends in different areas of international and domestic law, this article proposes that due diligence could exist as a secondary rule of general international law. By formulating and applying due diligence as a secondary rule, there is potential to develop the general international law applicable to determining state responsibility for the conduct of non-state actors.

On the knowledge education of law practice teaching in law education

2021 ◽  
pp. 002072092110134
Author(s):  
Xiaoyi Yuan
Keyword(s):  
Teaching Methods ◽  
Social Practice ◽  
Life Experience ◽  
Legal Education ◽  
Legal Knowledge ◽  
Legal Practice ◽  
Teaching Principles ◽  
Teachers And Students ◽  
Practice Teaching ◽  
Complex Knowledge

Legal knowledge is boring, and some content is not related to their life experience. To impart such complex knowledge to students, as a teacher, you must improve your professional skills, actively explore, learn, and find the best teaching methods. Only in this way can the students’ understanding of legal knowledge and thinking ability be expanded, and the boring legal knowledge can be more specific, visualized, popular, life-oriented, and easy to understand, so that students can master and understand legal knowledge and transform it into their own practical actions. This article is mainly aimed at the conditions created by the current social practice of law students by enterprises and institutions in the society, as well as the knowledge teaching situation of law practice teaching in law education during school. It emphasizes the importance of knowledge education in legal practice teaching, and calls on schools to increase investment in time teaching. All the teachers and students are required. This article scientifically and comprehensively interprets the knowledge education situation of legal practice teaching in our country’s legal education. Especially the intuitive analysis, in the process of knowledge education, the teaching methods adopted the teaching principles to follow and other issues. It makes everyone more clearly and straightforwardly aware of the positive significance of the knowledge education of legal practice teaching in legal education for the cultivation of talents. Through the discussion of the problems, this article knows the importance of constructing a reasonable teaching model of law. Among them, practical teaching knowledge education is very beneficial to students and has a profound impact on students’ future employment. The experimental results show that the traditional legal education training is not to abandon all, but to effectively integrate with the current teaching tasks and training objectives, so as to truly train students into comprehensive all-round legal professionals.

Methodological approaches to assessing the digitalization scale in types of economic activity in the region and the potential of digital technologies for the real economy

2021 ◽  
Vol 17 (8) ◽  
pp. 1519-1541
Author(s):  
Vitalii V. PECHATKIN ◽  
Liliya M. VIL'DANOVA
Keyword(s):  
Methodological Approach ◽  
Import Substitution ◽  
Digital Technologies ◽  
Industrial Sector ◽  
Digital Transformation ◽  
Real Economy ◽  
Economic Activities ◽  
The Real ◽  
Industrial Enterprises ◽  
Methodological Approaches

Subject. As digital technologies spread across all industries, active processes of digital transformation need to be managed both nationally and regionally. Assessing the extent of digitalization across types of economic activities is the key issue for setting up the socio-economic development strategy of the region and evaluating its efficiency. Objectives. The study is aimed to formulate and test methodological approaches to assessing the digitalization in types of economic activities and the potential of digital technologies for the real economy. Methods. The study relies upon the dialectical method, systems approach, questionnaires, expert approach, interpretation of empirical facts through tables, etc. Results. We devised a methodological approaches to assessing the extent of digitalization in types of economic activities across regions. The approach combines the quantification and evaluation of the process and helps determine the extent of local digital transformation at the regional level. We devised and tested the methodological approach to rating digital technologies, which have the high potential for raising the competitiveness and resilience to competition of the industrial sector in the Russian regions. As opposed to the existing approaches, the approach accounts for the current scale of digital technologies in the national economy, the potential for growth in the demand and supply in the domestic and foreign markets, and the potential for import substitution with respect to foreign technologies and products. Conclusions and Relevance. What makes the proposed methodological approaches more preferable is that they help assess not only the extent of digitalization in types of economic activities and the predominance of certain types in industrial enterprises, but also determine their potential for import substitution in terms of digital security.

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