Principles of law in the structure of legal regulators: methodological approaches to understanding the principles of law in the discourse of Russian jurisprudence

2021 ◽  
pp. 86
Author(s):  
Vladimir I. Chervonyuk
Keyword(s):  
Law Enforcement ◽  
A Priori ◽  
Legal Regulation ◽  
Fundamental Question ◽  
Paradigm Change ◽  
Legal Basis ◽  
Legal Decisions ◽  
Legal Rules ◽  
Methodological Approaches ◽  
Theory Of Law

For jurisprudence (doctrine and practice), the fundamental question of the principles of the nature of law is at the same time the question of the normative (special-legal) composition of law, the structure of its normative “substances" or a set of legal regulators. From the position of dominant views, legal regulators a priori recognize norms, or legal rules that are positive in legislation. This paradigm, which remains unshakable, is the basis of the assessment mechanism, the formed stable attitude to understanding the forms (sources) of law, the practice of making law enforcement decisions in situations of lack of legislation, as well as emerging defects in legal regulation, the need (validity) of the applicable norms. Rooted in Russian jurisprudence understanding of the principles of law as legal ideas” or more “general norms”, while the latter are not presumed as a legal basis for making individual legal decisions in resolving specific cases, is hopelessly outdated and does not correspond to the needs of developing practice. A paradigm change regarding understanding the structure and composition of regulators of law objectively requires a solution to an issue of fundamental importance, a kind of sui generis, the answer to which the pillars of philosophy and theory of law tried to answer (L.A. Hart, R.ºDvorkin, M. van Hook, R. Alexi, etc.): whether the law consists only of norms or are they a part of this whole; whether the norms of law are always perceived by law enforcement authorities, primarily by the courts, as the only legal basis, given that the norm to be applied is either absent, or differs in legal uncertainty, inconsistency, that is, is invalid.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

scholarly journals The Doctrine of Legal Regulation: Approaches to Understanding

2021 ◽  
pp. 65-72
Author(s):  
Tetiana Tarakhonych
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Close Cooperation ◽  
Theory Of Law ◽  
Definition Of ◽  
Law Making

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.

scholarly journals Legal regulation and grounds for theuse of coercive measures by law enforcement bodies of Ukraine

2020 ◽  
Vol 2 (2) ◽  
pp. 98-105
Author(s):  
Denys Sfvchuk
Keyword(s):  
Law Enforcement ◽  
National Guard ◽  
Law Enforcement Officers ◽  
Armed Forces ◽  
Legal Regulation ◽  
Legal Basis ◽  
Coercive Measures ◽  
Two Factors ◽  
The Right ◽  
National Police

The issue of regulatory and legal support for the use of coercion by authorized entities, as well as the grounds for the application of coercive measures by such bodies have been studied. According to the results of the study, it is concluded that the legal regulation of law enforcement agencies to apply coercive measures is carried out by a certain system of legislation, consisting of a large number of regulations that differ from each other in many ways and is a hierarchical system based primarily on the Constitution of Ukraine. At the same time, the legal grounds for the use of coercion by law enforcement officers are enshrined in the hypotheses of the norms of only certain regulations - the Laws of Ukraine "On the National Police", "On the National Guard", "On Pre-trial Detention", "On the Military Law Enforcement Service in Armed Forces of Ukraine ”as well as the Criminal Executive Code of Ukraine. The rest of the laws, although giving law enforcement officers the right to apply force, contain blanket rules that refer to the above three regulations to clarify the legal basis for their application, mainly to the Law on the National Police. It is also determined that the limits of harm caused by a law enforcement officer during the appli-cation of coercive measures must be commensurate with two factors: first, with the potential for danger to law enforcement interests (legal basis), and secondly, with the situation in which turned out to be the subject of coercion during the elimination of the specified non-security (factual basis). These two factors, combined, are nothing more than a complex basis of harm to the offender. And the actions of law enforcement officers will only be morally justified and permitted by law if the damage they caused is commensurate with both factors of the cause that caused it, ie the reason for the damage. The article expresses the opinion that the researched issues reflect the opposition of public and private interest, which is solved using the universal principle of proportionality. It is in this way that the legal regulation is carried out, where the legislator approaches the infliction of harm as a result of the use of force in a differentiated manner.

scholarly journals Penegakan Hukum terhadap Tindak Pidana Perjudian Toto Gelap

2021 ◽  
Vol 4 (2) ◽  
pp. 1199-1208
Author(s):  
Natanail Sitepu ◽  
Isnaini Isnaini ◽  
Muhammad Citra Ramadhan
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Criminal Code ◽  
District Court ◽  
Weak Supervision ◽  
Legal Rules ◽  
Analysis Technique ◽  
Qualitative Descriptive ◽  
Lottery Gambling ◽  
Descriptive Method

This study aims to analyze the legal rules regarding the crime of gambling to analyze what factors encourage the occurrence of illegal toto gambling crimes, especially in Deli Serdang Regency. The research method used is descriptive method, with a case approach and legislation, with interview data collection instruments and documentation studies, while the data analysis technique uses qualitative descriptive. The results of the study show that the legal regulation of lottery gambling is based on article 303 of the Criminal Code and article 303 bis and the UTE Law article 27 paragraph (2), with criminal threats in article 45 paragraph (2), as well as Law no. 7 of 1974 concerning Gambling Control in Article 1 that gambling in any form is a crime. The factors that encourage the occurrence of gambling crimes in Deli Serdang Regency are: the hope of getting a win, the influence of the environment, lottery gambling is easy for everyone to do, it doesn't take much time to do it, lottery clerks are available in many places, the development of information technology make it easier for players to send guesses for lottery gambling numbers, as well as weak supervision by the police. Law enforcement against lottery type gambling at the Lubuk Pakam District Court is still not firm.

scholarly journals Penegakan Hukum Terhadap Pemberantasan Terorisme Pada Obyek Vital (Studi Pada Kepolisian Daerah Sumatera Utara)

2021 ◽  
Vol 4 (2) ◽  
pp. 886-895
Author(s):  
Hanafi Harahap ◽  
Isnaini Isnaini ◽  
M. Citra Ramadhan
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Legal Certainty ◽  
Preventive Action ◽  
Legal Rules ◽  
Descriptive Research ◽  
The North ◽  
Library Research ◽  
Theory Of Law ◽  
North Sumatra

This study aims to show that the legal rules regarding the eradication of terrorism are regulated in Law No. 5 of 2018 concerning Amendments to Law No. 15 of 2003 concerning the Stipulation of Perpu No. 1 of 2002 concerning the Eradication of Criminal Acts of Terrorism. Law enforcement against the eradication of terrorism in Vital Objects in the North Sumatra Regional Police refers to the theory of law enforcement according to Soerjono Soekanto that law enforcement has 3 elements, namely: first, legal certainty (rechtssicherheit), second; Benefits (zweckmassigkeit), and third, Justice (gerechtigkeit). The research method used is a normative juridical research with analytical descriptive research characteristics. This study uses materials obtained from the results of library research, from library research secondary data is collected which includes primary legal materials, secondary legal materials and tertiary legal materials. Data analysis in this study is qualitative. The results showed that the opportunity for the police to take preventive action, namely to prohibit and process the law of all public actions that could be categorized as leading to radicalism or terrorism refers to law enforcement theory.

scholarly journals PUBLIC INTERESTS AND LEDAL CONSTRUCTIONS DERIVED FROM THEM

2018 ◽  
Vol 22 (4) ◽  
pp. 425-462
Author(s):  
Alexander B Zelentsov ◽  
Marina V Nemytina
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
General Interest ◽  
Constitutional Court ◽  
Russian Society ◽  
Legal Doctrine ◽  
Public Interests ◽  
Legal Science ◽  
Theory Of Law ◽  
Definition Of

The article observes public interests, firstly, as a social regulative system in the Russian law, and secondly, as a scientific conception of law in legal science. It also researches possibilities of building legal constructions based on public interests with an aim to improve the legal regulation. Basing on the general theory of law and administrative law, the authors analyze: 1) the essence and grounds of public interests; 2) transformation of the Russian historical-theoretical conceptions of public interests; 3) modern interpretations of the phenomenon of public interests in the Russian legal doctrine, legislation and judicial practice; 4) some differences in the Western and Russian conceptions of public interests; 5) separate legal mechanics based on public interests. I.e. the authors talk about objectivating public interests, defining its forms of appearance and possibilities of implementation in the Russian society, law and state. Nowadays categories «public interest», «state interest», «social interest», «general public interests» as well as similar ones are widely used in the Russian legal science, law-making and law enforcement. The problem of its defining as well as identifying public and state interests is still not solved. The article emphasizes the absence of legal definition of public interests in the Russian legislation what causes its use as an evaluation category in the law enforcement practice. This follows by uncertainty in the legal regulation. From other side the term remains flexible and movable, helps coordinate moral and legal content, allows take into account specificity of public interests in each and every case. The article observes position of the Constitutional Court of Russia which defines correlation between public interests and similar categories, e.g. general interest. According to the authors’ opinion, public interests form legal mechanics uniting legal principles, institutes and rules. Examples of such mechanics are corporate-public regulation and public-private partnership.

scholarly journals Analisis Hukum Mengenai Tindak Pidana Anak Yang Terlibat Geng Motor Sebagai Upaya Penegakan Hukum

2021 ◽  
Vol 4 (2) ◽  
pp. 1113-1121
Author(s):  
Kaston Rudy Samosir ◽  
Ediwarman Ediwarman ◽  
Taufik Siregar
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Research Method ◽  
Juvenile Court ◽  
Criminal Code ◽  
Legal Rules ◽  
The Republic ◽  
Legal Policies ◽  
Theory Of Law

This article or article aims to examine and analyze the legal rules governing children involved in motorcycle gangs, as well as the factors causing criminal acts against children involved in motorcycle gangs, as well as legal policies carried out by the police against children involved in motorcycle gangs. The problem is focused on how the legal rules regulate children who are involved in motorcycle gangs. In order to approach this problem, the reference theory of law enforcement, theory of legal certainty and theory of policy is used. The research method in this paper is a normative legal research method. The data were collected through primary, secondary and tertiary data sources, then analyzed using qualitative analysis methods. This study concludes that the legal rules regarding children involved in motorcycle gangs are contained in: the 1945 Constitution of the Republic of Indonesia, Law Number 1 of 1946 concerning the Criminal Code, Law Number 1 of 1974 concerning Marriage, Law Number 4 1979 concerning Child Welfare, Law Number 3 of 1997 concerning Juvenile Court, Law Number 23 of 2002 concerning Child Protection, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Factors that cause crime against children involved in motorcycle gangs are as follows: (1) family factors, (2) social environment factors, (3) education factors. The legal policies carried out by the police against children involved in motorcycle gangs are as follows: (1) Penal policies are applied to children involved in motorcycle gangs as well as non-penal policies.

scholarly journals Legality of Dismissal of Employees Working Irregular Hours for Appearance at Work in a State of Alcoholic, Narcotic or Other Kind of Intoxication

2020 ◽  
Vol 15 (12) ◽  
pp. 122-130
Author(s):  
I. S. Tsypkina
Keyword(s):  
Law Enforcement ◽  
Pregnant Women ◽  
Russian Federation ◽  
Working Hours ◽  
Legal Regulation ◽  
Legal Basis ◽  
Labor Disputes ◽  
Work Time ◽  
Employment Contract ◽  
The Russian Federation

The paper analyzes the issues related to irregular working hours, which arise due to the lack of proper legal regulation of this legal category. The author emphasizes that the inclusion of the irregular working hours provision into the employment contract is primarily determined by the employee’s labor functions, since it is the performance of this labor function that conditions particular working hours as the regular working hours may be not enough. In addition, the paper highlights the problem of the permissibility of establishing irregular working hours for pregnant women and persons for whom reduced working hours are established. The author concludes that the spread of the rule regarding the possibility of drawing a parallel between the restrictions provided for by Art. 99 and 101 of the Labor Code of the Russian Federation currently has no legal basis. In this regard, the author attempts to find ways to resolve this problem. The paper identifies controversial and ambiguously resolved in law enforcement issues that arise when resolving labor disputes related to the termination of an employment contract with an employee who is at work in a state of alcoholic, drug and other kind of intoxication, outside the established duration of working hours. For the purpose of uniform application of the current legislation, it should be assumed that for workers with irregular working hours, all the time they are at work is considered work time.

Judicial Rule-Making, Its Forms and Role in the Mechanism of Legal Regulation

2018 ◽  
pp. 50-57
Keyword(s):  
Law Enforcement ◽  
Theoretical Approach ◽  
Regulatory Mechanism ◽  
Legal Regulation ◽  
Legal Rule ◽  
Legal Rules ◽  
Lower Courts ◽  
Rule Making ◽  
Law Making ◽  
Over Time

The article is devoted to analysis of judicial rule-making activities performed by courts in Russia. Interpretation activity of the judiciary is not limited by understanding the sense of a legal rule, but also includes creation of specific legal rules. In the author’s opinion, legal constructions designed by courts (especially in private law) could be neither laws nor interpretation acts. But they bind the lower courts and have a special content. Considering the courts’ interpretational activities as a rule-making process is a new theoretical approach to the legal regulatory mechanism changing over time. Bringing the examples from court practice, the author shows that provisions of higher courts decisions can be used as a base for creation of new legal rules and their incorporation into normative legal acts (e. g. the Russian Civil Code). The author states that performing rule-making activity by courts is inevitable. The legislator and the judiciary do not oppose each other but do mutually enrich law-making and law-enforcement activities.

Conceptual problems of the rehabilitation institute in criminal proceedings

2020 ◽  
pp. 278-286
Author(s):  
Anton Fedyunin ◽  
Natalya Peretyatko
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Legal Nature ◽  
Legitimate Interests ◽  
Conceptual Problems ◽  
Industry Affiliation

We consider procedural and legal problems of ensuring the rights and legitimate interests of the rehabilitated person in criminal proceedings. The purpose of the work is to study the problems of industry affiliation of the rehabilitation institute, the grounds for rehabilitation, and analyze the phi-losophical and ethical categories that make up the legal basis of the rehabili-tation institution. We analyze the legislative regulation of the rehabilitation institution and identify contradictions in the current legislation in the studied sphere of legal relations, as well as focus on the possibility of violating the rights and legitimate interests of rehabilitated person stipulated by law. The methodological basis of the study consists in the use of traditional general logical and special legal methods – logical, formal and legal, analysis and generalization of law enforcement practice. We propose the author’s concept about the nature and legal nature of the rehabilitation institution as an inter-disciplinary institution, which consists in the fact that rehabilitation consists in the idea of complete innocence. A literal (adequate) interpretation of the concept of rehabilitation in this case means the presence of three key ele-ments: 1) the criminal prosecution of a person was unfair (illegal, un-founded); 2) the application of measures of criminal procedural coercion and (or) criminal punishment to him was illegal (unreasonable); 3) there were no grounds for prosecuting him, or there were grounds for excluding him. The study allows us to conclude that the rehabilitation institution of innocent needs further improvement, based on its thorough legal regulation, since, be-ing an interdisciplinary institution, it can ensure the observance and respect of the rights and freedoms of individuals and citizen only if the contradictions in the current legislation are eliminated.

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