scholarly journals Unity and Differentiation of Types of Legal Proceedings in the Russian Legal System: Grounds and Limits

2021 ◽  
Vol 8 (4) ◽  
pp. 1-5
Author(s):  
Timur Sokolov
Keyword(s):  
Legal System ◽  
Legal Proceedings ◽  
Legal Science ◽  
Key Issues ◽  
Relationship Of ◽  
The Relationship

One of the key issues of modern procedural and legal science is the issue of dividing legal proceedings into types and the relationship of these types with each other. The severity of this issue is explained by the discrepancy between the constitutionally enshrined list of types of legal proceedings and the set of procedural codes. The article discusses approaches to differentiating the types of legal proceedings, developed a criterion for distinguishing between the types of legal proceedings, and also indicates the grounds and limits of the unity and differentiation of the types of legal proceedings.

scholarly journals Some Arguments about the Benefits of Applying the System of Civil Procedure Law in Civil Proceedings

2020 ◽  
pp. 060-066
Author(s):  
A. D. Zolotukhin ◽  
◽  
L. A. Volchihina ◽  
Keyword(s):  
Positive Result ◽  
Civil Procedure ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

On the basis of research, the structure of civil procedural law is defined as a system rather than an elementary set of legal norms and institutions. Determining the significance of the system of civil procedural law, it was concluded that having individuality, such a structure is one of the features that distinguish civil procedural law from other branches of law. The authors also come to the conclusion that the established properties of the system of civil procedural law, such as unity, interconnection (interaction) and independence of application, determine the possibility of applying individual elements of the structure of the system of civil procedural law, when considering substantive situations as an independent both individually and collectively. This ensures the possibility of obtaining the required positive result and characterizes it as universal. Critically examining various concepts, the authors offer their own definition of the concept of the system of civil procedural law. The conclusion is also made about the relationship of the system of civil procedural law with the principles of civil procedural law and the procedural form of civil legal proceedings.

scholarly journals LEGAL AXIOMS: APPROACHES TO UNDERSTANDING

2020 ◽  
Vol 1 (9) ◽  
pp. 8-12
Author(s):  
Inna Zelenko ◽  
Keyword(s):  
Legal Regulation ◽  
Complex Phenomenon ◽  
Legal Principles ◽  
Common Features ◽  
The Third ◽  
Legal Science ◽  
The Difference ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article reflects the diversity of views on the concept of "legal axiom". It is clarified that there are lawyers who deny the existence of the concept of "axiom" in law. It is presented that some scholars identify legal axioms with legal customs in terms of content, formulation and existence, as well as methods of provision. It is revealed that legal axioms have common features and differences with legal presumptions. It is emphasized that the legal presumption and legal axiom are understood as true without evidence. It is considered that the difference between a legal presumption and a legal axiom lies in the difference of circumstances: they allow to consider them plausible; possibilities (impossibilities) of refutation; significance, content and form It is demonstrated that there are several approaches to the relationship of legal axioms with the principles of law. It has been found that the first group of scholars identify the principles of law and axioms. Attention is drawn to the fact that the second group of scholars notes that axioms are prerequisites for the principles of law. It is presented that the representatives of the third group distinguish between the concepts of principles of law and legal axioms. It has been shown that the complex interrelationships of principles and axioms are reflected in their dialectical unity, their ability to pass from one to another, and the disclosure of one phenomenon through another. It is noted that axioms are subject to change, so axioms and presumptions are closely interrelated and under certain conditions can replace each other. The definition of legal axioms has been further considered. Legal axioms are a multifaceted complex phenomenon of legal reality related to law, legal awareness and legal science. regularities, properties of special legal principles of law and serve to simplify legal regulation.

Cicero's ‘Response of the haruspices’ and the Voice of the Gods

2012 ◽  
Vol 102 ◽  
pp. 20-39 ◽  
Author(s):  
Mary Beard
Keyword(s):  
Public Works ◽  
Political Speech ◽  
Religious Ideology ◽  
Republican Rome ◽  
Key Issues ◽  
Religious Importance ◽  
Relationship Of ◽  
The Relationship ◽  
The Voice

AbstractThis article explores the religious importance of Cicero's De Haruspicum Responso against the background of prodigy-handling in Republican Rome. Comparing the prodigy in question to an ‘auditory epiphany’, it argues that key issues raised by the speech include the nature of the divine voice, the relationship of the prodigious ‘rumbling and clattering’ to the gods themselves, and the ambiguous temporalities implied by Roman practices of divination. The article also suggests that De Haruspicum Responso proposes a significant overlap between religious and political speech, and it questions the radical split often assumed between the religious ideology of Cicero's philosophical and his more ‘public’ works.

scholarly journals About the essence and concept of a legal text

2020 ◽  
pp. 45-51
Author(s):  
Dmitriy Orlov
Keyword(s):  
Legal System ◽  
Clear Understanding ◽  
Legal Text ◽  
The Rule Of Law ◽  
The Subject ◽  
Points Of View ◽  
Legal Technology ◽  
Legal Understanding ◽  
Relationship Of ◽  
The Relationship

The question of the essence and understanding of the normative legal text is complex, affecting many legal and theoretical problems: legal understanding; the relationship of the legal system and the legal system; understanding the method of regulatory regulation and systematization of law; understanding the rule of law itself and its interpretation as a specific legal activity, as well as a number of aspects of legal technology. Variations of research on the presented topic have been the subject of various Humanities, such as philosophy, sociology, or even philology. However, previous studies did not provide a clear understanding of the phenomenon in question. Based on the analysis of different points of view and approaches, the author of the article examines the essence of the normative legal text, formulates its concept.

scholarly journals ANALISIS TERHADAP UNDANG-UNDANG NOMOR 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT (PERSPEKTIF HUKUM ISLAM)

2016 ◽  
Vol 15 (2) ◽  
Author(s):  
Budi Rahmat Hakim
Keyword(s):  
Islamic Law ◽  
Legal Framework ◽  
The State ◽  
New Paradigm ◽  
New Era ◽  
Key Issues ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
Tax Deduction

The Birth of Law No. 23/2011 marks a new era of transformation of the national charity which has given rise to a new paradigm of charity management in our country. Some rules are the result of constitutive ijtihadin the ?eld of charity gets a reaction from some quarters, especially related to the management of charity by the state authority. Regardless of the debate which led to the material and formal lawsuit, there are several key issues to be further analyzed in relation to the reconstruction of ?qh paradigm evaluated from the perspective of contemporary Islamic law. First, the authorities and the involvement of the state as charities through the agency or institution that is of?cially established or recognized by the state, so that the management of charity can be done effectively, guaranteed. And have legal certainty. Secondly, the absence of sanctions for muzaki who shirk the obligation of charity in Law No.23 / 2011 shows that the payment of charity is voluntary, therefore charity regulations in Indonesia are still considered weak in the legal framework that can bind to the individual or business entity that is exposed to the taxpayer , Third, the reform paradigm of subject, object and charity tas{arruf ?eld have already accommodated in Law No.23 / 2011 in accordance with the principle of mas}lah}atand justice. Fourth, the relationship of charity and tax reaf?rmed in the amendment of new Law charity as?scal incentives for charity payers to make charity as a reduction of PKP (tax deduction), although this provision has not been able to realize the position of charitywhich is more signi?cant as a tax deduction(tax credit).

Citizens and the European Union since 1950

2021 ◽  
Vol 27 (2) ◽  
pp. 213-222
Author(s):  
Hartmut KAELBLE
Keyword(s):  
European Union ◽  
The European Union ◽  
Legal Proceedings ◽  
European Court ◽  
The 1950S ◽  
Relationship Of ◽  
The Relationship ◽  
Opinion Polls ◽  
Interest Organizations ◽  
Active Citizen

The article covers the relationship of the citizens with the European Union and its predecessors since the beginnings of the European integration in the 1950s. It dis­tinguishes the period of the unquestioned citizen during the 1950s and 1960s, the period of the questioned and mobilized citizen since the 1970s and the period of the active citizen since around the turn the of century, in looking at European elec­tions, referendums, European movements, interest organizations, regular European opinion polls, complaints by citizens at the European Parliament, at the European Commission and at the European ombudsman and legal proceedings by citizens at the European Court in Luxemburg. In addition, the article looks at the change be­tween periods of trust and periods of distrust by citizens in the European institu­tions since the 1950s. It argues that the trend towards the mobilized and active citi­zen includes an eventual strong rise of distrust in periods of crisis, but also by a return of trust by the citizens even in difficult periods such as the recent Covid19 pandemic.

Status of Treaties in Domestic Legal Systems: A Policy Analysis

1992 ◽  
Vol 86 (2) ◽  
pp. 310-340 ◽  
Author(s):  
John H. Jackson
Keyword(s):  
Legal System ◽  
International System ◽  
Extensive Literature ◽  
Political Systems ◽  
International Treaty ◽  
International Legal System ◽  
Basic Concepts ◽  
Relationship Of ◽  
The Relationship ◽  
Domestic Law

The degree to which an international treaty is “directly applied” or “self-executing” in a national (municipal) legal system, i.e., to what extent the treaty norms are treated directly as norms of domestic law (“statutelike law”) without a further “act of transformation,” has been debated in an extensive literature for more than a century. This subject is now receiving increased recognition as part of a broader trend acknowledging that understanding an international legal system necessitates understanding the relationship of national legal and political systems to that international system. In connection with treaties, the basic concepts of “monism” and “dualism” have long been used to explain some of the relationships of treaty law to domestic law.

scholarly journals Legal Ontology, Scientific Expertise and The Factual World

2017 ◽  
Vol 3 (1) ◽  
pp. 49-65 ◽  
Author(s):  
Lena Wahlberg
Keyword(s):  
Scientific Information ◽  
Legal Discourse ◽  
Legal Proceedings ◽  
Scientific Experts ◽  
Scientific Expertise ◽  
Legal Ontology ◽  
Relationship Of ◽  
The Relationship ◽  
Scientific Ontology

AbstractThis article analyses the role of scientific information in legal proceedings by exploring the relationship of law, science and the factual world. The article compares legal and scientific ontology, and discusses how they relate to each other. The comparison is used to explain previous controversies between legal and scientific experts. Special consideration is devoted to the legal notion of cause-in-fact, which is discussed at length. The article distinguishes among different meanings of “facticity” in the legal discourse on causation, and discusses the bearing that these meanings have on the legal relevance of scientific information.

Reply to my critics

2021 ◽  
pp. 147488512110020
Author(s):  
Ryan Patrick Hanley
Keyword(s):  
Political Philosophy ◽  
Political Thought ◽  
History Of Political Thought ◽  
Religion And Theology ◽  
History Of ◽  
Key Issues ◽  
Relationship Of ◽  
The Relationship

This reply to my five generous and insightful critics – Gianna Englert, David Williams, Alexandra Oprea, Geneviève Rousslière, and Brandon Turner – focuses on three key issues they raise: the relationship of past ideas to present politics, the utility of ideological labels in the history of political thought, and the relationship of political philosophy to religion and theology.

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