Draft concept of legal responsibility in the legal system of Russia

2021 ◽  
Author(s):  
Dmitriy Lipinsky ◽  
Aleksander Malko ◽  
Aleksandra Musatkina ◽  
Roman Markunin ◽  
Nikolay Makareyko ◽  
...  
Keyword(s):  
Legal System ◽  
Legal Culture ◽  
Legal Responsibility ◽  
The Right ◽  
Law Making ◽  
Legal Training

The doctrinal document defines the relationships, interactions and contradictions of legal responsibility with such elements of the legal system as: the system of law; implementation of the right; principles of law; legal awareness and legal culture. The publication is intended for researchers, law-making bodies, government bodies, as well as students of legal training.

scholarly journals PERLINDUNGAN HAK WARGA NEGARA ATAS LINGKUNGAN HIDUP YANG SEHAT DIKAITKAN DENGAN MANFAAT PENERIMAAN NEGARA DARI PRODUKSI ROKOK

2018 ◽  
Vol 1 (1) ◽  
pp. 1328
Author(s):  
Billy Samuel ◽  
Rasji .
Keyword(s):  
Legal System ◽  
Research Method ◽  
Good Health ◽  
Legal Culture ◽  
Public Confidence ◽  
Healthy Environment ◽  
Health Services Need ◽  
The Republic ◽  
The Government ◽  
The Right

Cigarettes is a culture that has existed since time immemorial and has come down to the heir of the nation to this day, cigarettes which initially is a habit that is done to fill the vacuum of time, has now turned into something that makes people dependence on cigarettes. Therefore based on the 1945 Constitution of the State of the Republic of Indonesia in Article 28H paragraph (1) states that the right of citizens to obtain a good and healthy environment, and get good health services, need to be regulated further about health, especially the imposition cigarette. Now cigarettes that use tobacco which is one of addictive substances, has been regulated further by Law Number 36 Year 2009 About Health which is one of the realization of the ideals of the Constitution Article 28H Paragraph (1). However, control isn’t enough, in fact the government only carries the imposition of excise products that containing addictive substances. The research method used is normative legal research method that comes from primary, secondary, and supported by interview with related experts, which is analyzed deductively. In addition, the theory of the legal system not only refers to the substance of the law but also supported the legal culture that is more directed to the attitude of society, public confidence, values adopted by society and their ideas or expectations that determine how the legal system to obtain a place that is appropriate and acceptable to citizens within the framework of better society culture for Indonesia.

scholarly journals Legal Awareness Dynamics of the Population of the South of Russia: Cognitive Aspect

Legal Concept ◽  
2019 ◽  
pp. 75-82
Author(s):  
Lyudmila Klimenko ◽  
Oksana Posukhova ◽  
Pavel Budaev
Keyword(s):  
Human Rights ◽  
Legal Culture ◽  
Legal Responsibility ◽  
Sociological Research ◽  
The South ◽  
Cognitive Component ◽  
Cultural Heterogeneity ◽  
Cognitive Components ◽  
Rostov Region ◽  
The Right

Introduction: the integration processes in the South of Russia are complicated by the ethno-cultural heterogeneity of the macroregion, different levels of socio-economic development of the subregions and differences in the societal values of the ethno-territorial communities. In these conditions, a similar legal culture serves as the basis for the consolidation of different groups of the population. The purpose of the paper is to analyze the dynamics of the legal culture cognitive component of the population of the multi-ethnic territories of Southern Russia. Methods: the empirical basis of the study was formed as part of comparative sociological research, when more than two thousand people were interviewed in the Rostov region, Adygea and Kabardino- Balkaria in 2001-2019. Results: as a rule, the legal culture of a civil-activist type should dominate in a modernized society, when the population understands and recognizes the priority of human rights and freedoms, legal responsibility, shows respect for the existing laws. Therefore, the study of the cognitive components of the legal culture of South-Russian residents includes the analysis of knowledge and perceptions of the respondents about the basic signs of the legal state, the permissibility of limitations of human rights, the degree of importance of the rights of different actors in society, the status of law, legislation in the case of administrative arrest and witness testimony. Conclusions: the empirical tests show a rather low level of specific legal knowledge of the population in all the considered territorial subjects of the South of Russia. Moreover, from the first to the last stages of the study, the dynamics of the knowledge level is decreasing. The priority of the right is not always manifested in the attitudes of the surveyed residents in the macroregion. Against this background, in the Rostov region at different stages of the study a stable group of respondents (about half of the respondents), for whom the legal norm is a legitimate regulator of behavior, was recorded. In the republican segment, the situation is volatile; the lagging dynamics of legal systems of a civil type in the Republic of Adygea and the accelerating one – in Kabardino-Balkaria are revealed.

scholarly journals Between Necessity and Legal Responsibility: The Development of EEWS in Italy and its International Framework

2021 ◽  
Vol 9 ◽  
Author(s):  
Cecilia Valbonesi
Keyword(s):  
Legal System ◽  
Early Warning Systems ◽  
Legal Responsibility ◽  
Main Question ◽  
Protective Behavior ◽  
Ground Shaking ◽  
2009 L’Aquila Earthquake ◽  
Earthquake Effects ◽  
The Right ◽  
The Relationship

Earthquake Early Warning Systems (EEWSs) represent a technical-scientific challenge aimed at improving the chance of the population exposed to the earthquake shaking of surviving or being less affected. The ability of an EEWS to affect the risk and, in particular, vulnerability and exposure, may determine serious legal responsibilities for people involved in the system, as scientists and experts. The main question concerns, in fact, the relationship between EEWSs and the predictability and avoidability of earthquake effects-i.e., the ground shaking affecting citizens and infrastructures - and the possibility for people to adopt self-protective behavior and/or for industrial infrastructures to be secured. In Italy, natural disasters, such as the 2009 L’Aquila earthquake, teach us that the relationship between science and law is really difficult. So, before EEW’s become operational in Italy, it is necessary to: 1) examine the legislative and technical solutions adopted by some of the international legal systems in countries where this service is offered to citizens; 2) reconstruct the international and European regulatory framework that promotes the introduction of EW systems as life-saving tools for the protection of the right to life and understand whether and how these regulatory texts can impose an obligation on the Italian legal system to develop EEWS; 3) understand what responsibilities could be ascribed to the scientists and technicians responsible for managing EEWS in Italy, analyzing the different impact of vulnerability and exposure on the predictability and avoidability of the harmful event; 4) reflect on the lessons that our legal system will have to learn from other Countries when implementing EEW systems. In order to find appropriate solutions, it is essential to reflect on the opportunity to provide shared and well-structured protocols and creating detailed disclaimers clearly defining the limits of the service. A central role must be recognized to education, because people should not only expect to receive a correct alarm but must be able to understand the uncertainties involved in rapid estimates, be prepared to face the risk, and react in the right way.

Sociological Jurisprudence and Legal Realism as a Basis for the Development of Judicial Law-Making

2019 ◽  
Vol 9 (5) ◽  
pp. 1528
Author(s):  
Gyulnaz Eldarovna ADYGEZALOVA
Keyword(s):  
Legal System ◽  
The United States ◽  
Regulatory Function ◽  
Legal Realism ◽  
Sociological Jurisprudence ◽  
The Law ◽  
Anglo American ◽  
Historical Comparative ◽  
The Right ◽  
Law Making

The aim of the present work is to study the role of sociological jurisprudence and legal realism for the development of judicial law making in the modern legal system. During the study, the author used general scientific methods, including historical, comparative, and logical ones. An analysis of legal documents was also performed, which allowed making conclusions about trends in the Russian legal system. The study showed that sociological jurisprudence and the realistic school of law of the United States were milestones of the development of the same socio-legal school. It was determined that the supporters of sociological trends could be attributed to the moderate direction of the American sociological legal school, and the legal realists – to the radical one. The basis of the socio-legal school is formed by the ideas of pragmatism, which are expressed in the functional and instrumental approach to the law. One of the basic tenets of the proponents of socio-legal school is the following: the law shall harmonize the interests, actually act and be implemented in the activities of the court. Views of sociologists of law contributed to the approval of the idea of judicial law making not only within the Anglo-American legal family but also in the legal systems of the Romano-Germanic legal family. They drew attention to the process of decision-making by the court, the process of setting up the rule of law by the court. The novelty of this research is that we have identified not only the influence of supporters of sociological school of law on the beginning of the new phase in the development of law, but also that the process was legitimate, and representatives of the scientific direction were able not only to recognize the pattern of ongoing legal development but also tried to steer the process in the right direction, so that the law would not lose its regulatory function and would not become a soulless mechanism in the hands of law enforcers.

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».

scholarly journals THE STATUS AND SIGNIFICANCE OF LEGAL RESPONSIBILITY IN THE LEGAL SYSTEM OF RUSSIAN SOCIETY

2018 ◽  
Vol 6 ◽  
pp. 752-756
Author(s):  
Damir Y. Shapsugov ◽  
Yuri N. Radachinsky ◽  
Andrey V. Kurochkin
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Culture ◽  
Legal Framework ◽  
Legal Responsibility ◽  
Russian Society ◽  
New Approach ◽  
Legal Norms ◽  
Legal Studies ◽  
The Status

Only a few scientific works in Russian legal studies are devoted to the status of legal responsibility in the Russian legal framework. This article examines the status of legal responsibility in the legal system of Russian society and proposes a new approach and defines the relationships between legal responsibility and legal awareness, legal culture, and regulation of social relations on the basis of authors’ consecutive studies as well as other viewpoints presented in the literature. Authors outlined the features of legal responsibility in the context of Russian legal framework and social relations, highlighting criteria of legal behavior and Russian legal norms contributing to the development of this phenomenon.  

Creating a comprehensive peaceful assembly law for Ukraine: Idea and ideal

2021 ◽  
pp. 2336825X2098374
Author(s):  
Galyna Mykhailiuk ◽  
Larry A DiMatteo
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Historical Context ◽  
Legal Culture ◽  
Case Law ◽  
International Standards ◽  
European Convention ◽  
Court System ◽  
Reform Agenda ◽  
The Right

The right to freedom of peaceful assembly is guaranteed by Article 39 of the Ukrainian Constitution. However, there is no stand-alone law or case law that defines, regulates and supports the process of organizing and conducting peaceful assemblies. This is largely due to the fact that until the 2014 Maidan Revolution (Euromaidan), Ukraine’s history was one of autocratic rule. This article argues that given this historical context, secondary legislation is needed to safeguard this freedom and entrench it into Ukrainian legal culture. The idea of the right to peaceful assembly is sacrosanct. This article analyses the key elements needed to transform this idea into an ideal law. For example, any such legislation should follow the spirit of the European Convention of Human Rights (ECHR), especially in the area of limitations of the personal freedom. Ukraine has moved forward on a broad reform agenda including reforms of the judiciary in order to create an independent and competent court system. It is widely recognized that such a system is needed to fight widespread corruption. The article argues that now is the time to enact a law on peaceful assembly in order to elevate Ukraine’s legal system to EU and international standards.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

Sign in / Sign up

Export Citation Format

Share Document