scholarly journals Crime as the main negative factor in building the rule of law: to define the concept, essence and signs

2021 ◽  
Vol 1 (1) ◽  
pp. 189-193
Author(s):  
Andriy Kovalenko
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Destructive Effect ◽  
The Rule Of Law ◽  
State Institutions ◽  
Negative Factor ◽  
Legal Literature ◽  
Current Characteristics ◽  
The One ◽  
Definition Of

The article analyzes the concept, essence and features of crime as a destructive factor in the development of the rule of law in Ukraine. It is established that the concept of the rule of law covers the obligation of the state to guarantee the rights and freedoms of man and citizen determined by law, guided by the principle of the rule of law exclusively in the interests of citizens. It is further argued that the concept of the rule of law also covers the obligation of the state (in the form of its institutions) to ensure and create appropriate conditions for the equal use of all rights and freedoms by all citizens and individuals. It is argued that the determinants of crime, which simultaneously act as its features, have a destructive effect directly on the foundations of statehood, which negatively affects the functioning of all state institutions and their ability to further develop in the fight against external destructive factors. The author presents an approach to the definition of signs of crime, which consists in the fact that among the most accurate and detailed signs of crime in the legal literature are such as: «illegality», «systematic», «mass». It is found out, on the basis of the analyzed positions of scientists, that the interconnectedness of the destructive influence of crime as a social manifestation with the process of building the rule of law in Ukraine is due to the fact that the main object of criminal encroachment is the basic characteristic of the rule of law (requires on the one hand proper support, and on the other-counteraction to destructive factors). The positions presented in the article emphasize that modern crime, taking into account the peculiarities of its structure, growth and elements of the system, as well as other current characteristics, poses a major threat to the stable and consistent development of democracy in Ukraine, which is a guarantee and one on the necessary conditions for the establishment of the rule of law in Ukraine. Emphasis is also placed on the fact that the prospect of further scientific study of this topic is to determine measures to optimize the mechanism for responding to crime in the context of ensuring the rule of law in Ukraine.

The State and the Rule of Law

1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The State ◽  
The Political ◽  
The Rule Of Law ◽  
The Law ◽  
Democratic Principles ◽  
Set Up ◽  
The One ◽  
Real Chance

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.

Vergaberecht als Digitalisierungsfolgenrecht

2019 ◽  
Vol 52 (1) ◽  
pp. 65-98
Author(s):  
Christoph Krönke
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Information Technologies ◽  
Public Procurement ◽  
The State ◽  
Effective Control ◽  
Legal Requirements ◽  
The Rule Of Law ◽  
Margin Of Appreciation ◽  
The One

Abstract The State bears a certain responsibility for the consequences of digitalizing public administration and services. The principles of democracy and the rule of law demand that the state retains effective control over the digitalized performance of ist tasks. This “digital responsibility” of the State also has an impact on the application of public procurement rules governing the procurement of information technologies and services (IT). On the one hand, ensuring digital responsibility will often mean that the contracting authority needs a broad margin of appreciation when interpreting the rules of procurementlaw – for examplewith regard to the legal requirements for choosing special procurement procedures enabling a particulary flexible IT procurement. On the other hand, the contracting authority’s digital responsibility can also be turned against it: When involving, for instance, private parties in the preparation of substantial decisions concerning the procurement of IT, the authority must keep itself well informed and may not simply take over prepared decisions. This way, the digital responsibility of the State can be (and should be) used as a distinct legal argument under public procurement law.

scholarly journals KONSEPSI NEGARA HUKUM PANCASILA DAN IMPLEMENTASINYA DI INDONESIA

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (1) ◽  
pp. 43-52
Author(s):  
Tubagus Muhammad Nasarudin
Keyword(s):  
State Government ◽  
Rule Of Law ◽  
The State ◽  
Mutual Cooperation ◽  
The Rule Of Law ◽  
Free Trial ◽  
Government Power ◽  
The Difference ◽  
The Republic ◽  
The One

The rule of law in the perspective of Pancasila which can be termed the law state of Indonesia or the rule of law state of Pancasila besides having the same elements as the rule of law in the rechtstaat and rule of law, also has specific elements that make the Indonesian law state different from the concept of the state generally known law. The difference locates in the values contained in the Preamble to the 1945 Constitution which contain Pancasila with the principles of the Belief in the one and only God and the absence of separation between the state and religion, the principle of deliberation in the implementation of state government power, the principle of social justice, kinship and mutual cooperation, as well as laws that serve the integrity of the unitary state of Indonesia. The Pancasila Law State concept is characterized by: (1) Close relations between religion and state (2) Stand on the one and only God (3) Freedom of religion in a positive sense (4) Atheism is not justified and communism is forbidden and (5) The principle of kinship and harmony. As for the main elements of the Republic of Indonesia Law State are: (1) Pancasila (2) MPR (3) Constitutional system (4) equality and (5) Free trial.

scholarly journals HEALTH EMERGENCY MANAGEMENT. A LEGAL ANALYSIS OF THE ITALIAN EXPERIENCE

2020 ◽  
Vol 2 (2) ◽  
pp. 117-146
Author(s):  
Vicenzo Baldini
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
Legal Order ◽  
Legal Analysis ◽  
State Of Emergency ◽  
Landing Point ◽  
The Rule Of Law ◽  
Italian Experience ◽  
The One

The state of emergency that is being experienced has generated a sort of dynamic disorder of complex systematic re-elaboration within the framework of the legal system of the state. We appreciate a permanent tension between the rule of law and the discipline of emergency which manages to find a problematic landing point in the prefiguration of the existence of an emergency legal system, based on a different Grundnorm and parallel to the one that sustains the whole establishment of the legal system of the sources of the state legal order

The Rule of Law

2017 ◽  
Author(s):  
J. M. Bernstein
Keyword(s):  
Coercive Force ◽  
Rule Of Law ◽  
Necessary Conditions ◽  
The State ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The One ◽  
Formal Features

This chapter analyzes the concept of rule of law. It examines Gustav Radbruch's theory since his argument against the extremes of Nazi law was a pivotal moment in the re-emergence of antipositivist conceptions of legality. It then elaborates Lon L. Fuller's account of eight constitutive, formal features of law that, he contends, begin to get at the “inner morality of law.” Next, the chapter offers a version of Caesar Beccaria's argument that the formal and procedural elements constituting the rule of law should be conceived as, on the one hand, generating the necessary conditions for relations between the citizen and the state and, on the other hand, among citizens themselves that will be sufficient to free individuals from coercive, force-based relations both among themselves and between themselves and the state.

Corruption as Political Decay

2020 ◽  
pp. 13-42
Author(s):  
Camila Vergara
Keyword(s):  
Rule Of Law ◽  
Socioeconomic Inequality ◽  
Political Influence ◽  
Political Corruption ◽  
Political Regimes ◽  
Normal Functioning ◽  
The Rule Of Law ◽  
The One ◽  
Definition Of ◽  
Systemic Corruption

This chapter begins by providing a diagnosis for the crisis of democracy based on systemic corruption. After reconstructing from the works of Plato, Aristotle, Polybius, and Niccolò Machiavelli, a notion of systemic political corruption particular to popular governments, it reviews recent neorepublican and institutionalist attempts at redefining political corruption within the current political regimes. It also underscores the lack of a proper conception of systemic corruption comparable in sophistication to the one offered by ancient and modern philosophers due to the inability to account for the role that procedures and institutions play in fostering corruption through their normal functioning. The chapter proposes a definition of systemic corruption as the oligarchization of power transpiring within a general respect for the rule of law. It describes the conception of corruption that appears as intrinsically connected to increasing socioeconomic inequality, which enables the inequality of political influence and drift toward oligarchic democracy.

4. The Rule of Law

Public Law ◽  
2019 ◽  
pp. 85-124
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Definition Of ◽  
Lord Chancellor

This chapter explains ‘the rule of law’. It first presents a definition of the rule of law followed by a discussion of the practical protection of the rule of law. In Britain, all three of the major branches of the state — the judiciary, Parliament, and government (especially through the office of Lord Chancellor) — have functions in the development and application of rule of law principles.

scholarly journals Principles of Interaction between the State Border Guard Service of Ukraine and Other Law Enforcement Agencies

2019 ◽  
Vol 87 (4) ◽  
pp. 62-70
Author(s):  
I. I. Baidyuk
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Personal Responsibility ◽  
The State ◽  
Law Enforcement Agencies ◽  
Main Method ◽  
The Rule Of Law ◽  
Scientific Nature ◽  
Definition Of ◽  
Scientific Doctrine

The author has studied the essence of the principles of interaction of the State Border Service with other law enforcement agencies, which is conditioned by the importance of ensuring proper protection of the state border in the current conditions of the state development. The main method of the research was the method of critical analysis, which made it possible to analyze the provisions of the current national legislation and the approaches in the scientific doctrine to understanding the principles of interaction of the State Border Service of Ukraine with other law enforcement agencies. The content of the concept of “principles of interaction” has been clarified. The definition of the concept of “principles of interaction of the State Border Guard Service with other law enforcement agencies” has been formulated. The author has revealed the content of such principles of interaction of the Border Guard Service with other law enforcement agencies as: the rule of law, legality, respect and observance of human and citizen rights and freedoms, equality of the subjects of interaction, scientific nature, planning, personal responsibility of the management and employees of the subjects of interaction for its results, combination of open, secret and conspiratorial forms and methods of activity, promptness and professionalism of the employees of the subjects of interaction, coherence of actions of the subjects of interaction and independence of each of them within their powers. The author has offered to classify the principles of interaction of the Border Guard Service with other law enforcement agencies, by dividing them into general and special ones.

7. Citizenship, legal status, and proof of identity

2019 ◽  
pp. 77-88
Author(s):  
Florian Coulmas
Keyword(s):  
Rule Of Law ◽  
Legal Status ◽  
Identity Theft ◽  
The State ◽  
The Other ◽  
Individual Identity ◽  
Legal Concept ◽  
The Rule Of Law ◽  
Legal Identity ◽  
The One

‘Citizenship, legal status, and proof of identity: identity as a legal concept’ explains that individual identity is the cornerstone of the rule of law and the relation of state and citizen. In law, it has to do with that which makes a person (or thing) distinct from any other person (or thing). It means that a subject is the same as it claims, or is charged, to be. The digital turn has added a new aspect to our legal identity, and protecting us against identity theft is a new obligation of the state, while we have no choice but to learn to protect ourselves against profit-seeking corporations, on the one hand, and a surveillance state, on the other.

PUBLIC SECURITY – OBJECT OF POLICE PROTECTION

2016 ◽  
Vol 1 (74) ◽  
pp. 17
Author(s):  
Aleksandrs Matvejevs
Keyword(s):  
The State ◽  
The Other ◽  
Public Security ◽  
Public Realm ◽  
State Institutions ◽  
The Public ◽  
Sense Of Security ◽  
Police Protection ◽  
The One ◽  
Definition Of

The analysis of the notion ‘public security’ reveals its two parts: 1) conditions where there is no threat to an individual, society or state; 2) measures by the state that ensure these conditions and instills in people the sense of security. These elements to a certain extent determine the features and characterize public security as an object of police protection and as a definition of the notion. Public security is based on two elements: 1) public peace when there is peace, cooperation and confidence in safety in the public realm; 2) conditions of protects ability where the state (the police) continuously provides public security and is ready to render help and neutralize any threats. Thereby in the legal reality public security is police legal relations where the subjects are, on the one hand persons, society, state institutions that have a constant need of protection against crimes and other offences and, on the other hand, the state whose task is to ensure the protection stated in the legislation via competent institutions.

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