scholarly journals DETERMINANTS OF CONCEPTUALITY IN LAW, LEGAL PRACTICE AND THEORY

2019 ◽  
Vol 7 (4) ◽  
pp. 6-10
Author(s):  
Anna Chuval'nikova
Keyword(s):  
Legal System ◽  
Legal Regulation ◽  
Legal Consciousness ◽  
Legal Practice ◽  
Value System ◽  
The Relationship ◽  
Conceptual Nature ◽  
Content Characteristics

In the context of the problem of increasing formalism of modern law, the article analyzes the conditions by which a formally defined by its nature law acquires a conceptual nature, that is, a certain set of content characteristics that give legal regulation meaning and set it a certain logic. The author substantiates the relationship between the conceptual and value system of legal consciousness, which allows us to identify as determinants of the conceptuality of law and other elements of the legal system of society semantic legal values.

scholarly journals TO THE QUESTION OF LEGAL CONSCIOUSNESS AS AN IDEOLOGICAL SOURCE OF LAW

2020 ◽  
Vol 35 (3) ◽  
pp. 14-18
Author(s):  
E.K. Dzhamalova ◽  
◽  
Z.G. Ramazanova ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Consciousness ◽  
Legal Practice ◽  
Spiritual Values ◽  
Integral Criterion ◽  
The Public ◽  
Legal Ideology ◽  
The Relationship ◽  
Single Approach

The article explores the relationship between "source of law" and "form of law." It is noted that in modern legal science there is no single approach to this problem. The "ideological" sources of law, which include legal consciousness and legal ideology, are analyzed. It is emphasized that this source of law has not been sufficiently researched. It is concluded that legal awareness and legal ideology are the intellectual basis of the law, capable of streamlining relations between the subjects of law and the role of such phenomena of law as legal awareness, legal culture and the legal ideology is very significant, as they, reflecting spiritual values, are an integral criterion of the legal progress of society and determine the vector of social development. Ideological sources of law are at the heart of legal practice, defining the public importance and expediency of its legal regulation.

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

The sysyems in law and legal process 3rd edition

2019 ◽  
Author(s):  
Михаил Осипов ◽  
Mikhail (Michail) Osipov
Keyword(s):  
Legal System ◽  
Legal Culture ◽  
Legal Regulation ◽  
Legal Consciousness ◽  
Legal Process ◽  
Legal Processes

The proposed monograph presents the results of the author's study of General theoretical problems of legal processes, as well as their effectiveness. Also in this monograph the main types of systems in law and legal processes are considered. Much attention is paid to the optimization of legal regulation in various fields of law and the effectiveness of legal processes. Also in this monograph features of influence of legal consciousness and legal culture as components of legal system on efficiency of legal processes are considered.

scholarly journals The Relations Between the Institution of Procedural Responsibility, Legal Relationships and Legal Practice

2019 ◽  
pp. 73-85
Author(s):  
Elena Valerievna Chuklova
Keyword(s):  
Legal System ◽  
Basic Research ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Practice ◽  
Judicial Practice ◽  
Functional Relations ◽  
Genetic Level ◽  
Definition Of ◽  
Basic Research Project

The subject of this research is the institution of procedural responsibility and its relations with legal relationships and legal practice. In her research Chuklova defines genetic, coordination, subordination and functional relations. According to the author, implementation of procedural responsibility provisions creates both material and procedural legal relations. The author demonstrates that the institution of procedural responsibility either relates to legal relationships at the functional genetic level disregarding the definition of a particular legal relationship or acts as a result of legal regulation or means of regulation. There should be legal grounds for creating such an institution, too. The institution of procedural responsibility creates conditions for discovering the truth in criminal, civil or administrative cases, thus demonstrating subordination relations. The research is based on general and special research methods such as comparative law, formal law analysis, functional and systems approaches, etc. As a result of the research, the author concludes that judicial practice is a coordination link between procedural form and material law, however, many court decisions demonstrate a negative tendency in implementation of the procedural responsibility provisions when there is a total substitution of one term with the other. For example, contempt of court includes such actions as numerous continuous disqualifications, non-submission of documents, failure to appear in court, non-compliance with court orders, negative remarks about a judge's professional or personal qualities. The article is funded by The Russian Foundation for Basic Research, project No. 19-011-00103 А 'Legal Responsibility in Russia's Legal System: the Concept of Interaction, Interconnection and Elimination of Contradictions with Other Elements of Legal System'. 

scholarly journals The spirit of the law versus the letter of the law: the nature of correlation

2021 ◽  
Vol 5 (2) ◽  
pp. 5-15
Author(s):  
V. V. Sorokin
Keyword(s):  
Legal Regulation ◽  
Spiritual Health ◽  
Legal Consciousness ◽  
Legal Practice ◽  
Legal Process ◽  
Scope Of Application ◽  
The Subject ◽  
The Law ◽  
Positivist Approach ◽  
Selection Of

The subject of the research is the categories “the spirit of the law” and “the letter of the law” in their regulatory sense.The purpose of the research is to confirm or disprove hypothesis that the concept of “the spirit of the law” fundamentally impacts the methodology of legal research, legal con-sciousness and the mechanism of legal regulation.The methodology for researching the spirit of the law presupposes an adequate selection of means of knowledge. It is impossible to study the spirit of the law with the tools of ma-terialism or economic determinism. The spiritual-moral, axiological, metaphysical, systemic methods and the method of synthesis are preferred for the study of the spirit of the law. The legal system of society ceases to meet the elementary requirements of the formation of a person's legal consciousness, his improvement and spiritual health when the spirit of the law is denied. It is generally impossible to understand how law functions and achieves a regulatory effect using the dogmatic, positivist approach to law as a dominant method of cognition.The main results, scope of application. The problem of the operation of the spirit of the law is one of the ignored problems of legal practice. If the legal act is at odds with the spirit of the law, the law enforcer faces a difficult choice: either morality or law. This dilemma is fraught with serious conflicts both in the mental, psychological sphere of the law enforce-ment officer himself, and between all participants in the legal process. Every person has an internal imbalance if he makes decisions and performs actions that are contrary to his con-science. Jurisprudence, which adequately perceives the subordination between the spirit of the law and the letter of the law, warns against the temptation to consider law as a sphere independent of spiritual absolutes. The current law is not exactly what is set out in the texts of regulatory acts. Distinguishing between the spirit of the law and the letter of the law, therefore, requires special types of interpretation of texts (broad, restrictive), as well as analogies of legislation and analogies of law.

scholarly journals Theoretical approaches to determining the principles of codification of legislation in the field of intellectual property

2021 ◽  
pp. 128-139
Author(s):  
Nataliia Myronenko
Keyword(s):  
Intellectual Property ◽  
Legal System ◽  
Theoretical Basis ◽  
Legal Regulation ◽  
Practical Significance ◽  
Theoretical Approaches ◽  
The Law ◽  
Law And Justice ◽  
The Relationship ◽  
External Form

Keywords: law, intellectual property, codification and systematization of legislation,principles of codification, concepts, types and system of principles of codification The article revealstheoretical approaches to defining the system of principles of codification, theirplace in the legal system, which characterize the content of law in a concentratedform, its structure, the relationship between sources of law, law and justice, law andgovernment coercion and belief in legal regulation. It is proved that the system-formingcriterion of the principles of law and the principles of legislation are their functionaland purpose. The practical significance of the principles in the process of systematizationof legislation in the field of intellectual property, including its type suchas codification, is revealed. The correlation of principles of law and principles of legislationare investigated. It is established that there is a dialectical connection betweenlaw and law, which is manifested in the fact that: legislation is an external form of expressionof law, a way of expressing its content; most of the law is substantively includedin the legislation; the spheres of law and law do not coincide but intersect; inthat part, in which law and law coincide, the principles of law are the essence of theprinciples of law and vice versa — the principles of law are the principles of law. At the same time, since the legislation is an external form of expression of law and doesnot completely coincide with the law and does not contradict it, its creation and developmentare subject to certain specific rules and technologies. The main methodologicalprinciples that influence the separation of the system of principles, their place inthe theory of codification are determined; substantiates the need to include in the systemof general and special principles of codification and sectoral principles, which arethe theoretical basis and ensure those features are taken into account in the processof codification of individual branches of legislation. It is proved that there is a dialecticalrelationship between the purpose of codification, its tasks and the principles onwhich codification activity is based, the dependence of its result on the degree of consistencyof these elements of codification.

Legal Theory and Legal Doctrinal Scholarship

2010 ◽  
Vol 23 (2) ◽  
pp. 483-514 ◽  
Author(s):  
Mátyás Bódig
Keyword(s):  
Legal System ◽  
Legal Theory ◽  
Vital Role ◽  
Legal Positivism ◽  
Legal Practice ◽  
Making Sense ◽  
The Relationship

The essay is an attempt to clarify some issues concerning the point of doing conceptual legal theory. It provides a reassessment of the relationship between conceptual legal theory, legal doctrinal scholarship and the legal practice. The analysis concentrates on what may be termed the ‘mainstream’ discourse on conceptual legal theory (characterised by authors like Hart, Raz, Dworkin, Finnis), and depicts the mainstream discourse as functionally connected to legal doctrinal scholarship. The essay argues that a more open commitment to reflecting current problems of legal doctrinal scholarship would make the position of mainstream conceptual legal theory more intelligible. If it wants to maintain its position as a complex theoretical discourse, mainstream conceptual legal theory must take direct responsibility for serving the epistemic needs of legal doctrinal scholarship – by way of providing conceptual and methodological foundations for it. Conceptual legal theory can make a contribution to doctrinal debates by relying on its ability to assess competing doctrinal claims in light of the epistemological characteristics of the legal doctrines in a modern legal system. The mainstream conceptual discourse can also have a vital role in in making sense of the external challenges to legal doctrinal scholarship. Such cionsiderations lead to a criticism of Hartian methodological legal positivism: it is blamed for becoming oblivious of the ways in which the mainstream conceptual discourse is parasitic on the conceptual tensions encountered or even generated by doctrinal scholarship.

scholarly journals Lawyers’ ethics before a civil court

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (3) ◽  
pp. 57-69
Author(s):  
Miroslav Sedláček
Keyword(s):  
Legal System ◽  
Code Of Conduct ◽  
Legal Practice ◽  
Legal Ethics ◽  
Civil Court ◽  
Basic Assumptions ◽  
Administration Of Justice ◽  
Relationship Of ◽  
The Relationship

Principles of legal ethics, whether written or unwritten, not only regulate the conduct of legal practice but also reflect the basic assumptions, premises, and methods of the legal system within which the lawyer operates. They also reflect the profession’s conception of its own role in the administration of justice. The objective of this paper is to analyse the ethical rules, to define the relationship of a lawyer to the court and his duties in proceedings, competent representation, confidentiality, and personality of the lawyer, and further deal with the legislation contained in the Czech Act on Advocacy and the Code of Conduct.

scholarly journals The principle of legality in the activities of the police during the use of technical means of recording administrative offenses

2020 ◽  
pp. 208-213
Author(s):  
Yevhen Bakutin
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Legal Consciousness ◽  
Basic Principles ◽  
Legal Norms ◽  
Legal Principles ◽  
The Social ◽  
Preservation Of Evidence ◽  
Principle Of Legality

The article covers the analysis of the basic legal principles, in particular the principle – legality. In modern conditions, lawenforcement police cannot be successfully carried out without proper application of advances in science and technology. The role andpurpose of science – the search for problem areas, their research and suggestions for ways to eliminate shortcomings and areas forimprovement. Among the basic principles that contribute to the quality implementation, development and use of technical means are:legality; efficiency; ethics; scientificity; security; preservation of evidence, etc.In the context of understanding principles, it is a means to ensure the integrity of the legal system and the effectiveness of law asa social regulator. Considering the scope of the use of technical means for fixing offenses, the principles that are specified to this objectof legal regulation, can contribute to the effectiveness of police law. Effectiveness in this sense is considered as a resultant influence ofthe law with the achievement of the most expedient for society and the state of results.The main features of the principles: objectively predetermined by the social environment, the nature of social relations and havea reverse effect on them; is an ideological creature, the result of the development of the legal consciousness of society, and at the sametime aimed at promoting the growth of the legal consciousness of society, its culture; is an ideological basis for objective law, expresslyexpresses the laws of its development, essence and social purpose; describe (specify) the established right, make uniformity in the systemof legal norms; serve as the basic principles of legal regulation of social relations, provide coherence to all of its mechanism, actas guidelines for the formation and improvement of the legal system, its framework, support, reflect the objectively existing tiesbetween the elements of the legal system and the social system; accumulate world experience in the development of law, embody democraticand humanistic traditions and at the same time constitute the legal values that are part of the world legal treasury.

Domestic Anti-Avoidance Legislation in Relation to Tax Treaty Law

2017 ◽  
Vol 6 (2) ◽  
pp. 312
Author(s):  
Shkumbin Asllani
Keyword(s):  
International Law ◽  
Tax Avoidance ◽  
International Taxation ◽  
Main Principle ◽  
Legal Practice ◽  
Tax Treaties ◽  
International Tax ◽  
Tax Payers ◽  
The Relationship ◽  
Domestic Law

In today’s international taxation most of the developing countries enter into tax treaties which are drafted in line with the OECD MC to eliminate double taxation. Yet, is well-known fact that tax treaties in practice are abused by tax payers, therefore, majority of states have introduce legislation specifically designed to prevent tax avoidance and protect their domestic interests. In legal practice and literature the act of overriding international tax treaties and denying treaty benefits in favour of domestic law provisions threatens main principle of international law and therefore is questionable to what extend the relationship between domestic law and international tax treaty agreements bridges the international norms.

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