PRINCIPLES OF BUDGET LAW: LEGAL NATURE, CONCEPT AND SYSTEM

2020 ◽  
Vol 10 (4) ◽  
pp. 116-122
Author(s):  
Ivanna Prots ◽  
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Law System ◽  
Legal Literature ◽  
Legal Nature ◽  
General Principles Of Law ◽  
The Difference ◽  
Definition Of ◽  
Law Making ◽  
Budget System

The article conducts a theoretical and legal study of the concept and system of principles of budget law, scientific approaches to understanding and implementing the principles of the budget system of Ukraine. The analysis of approaches to the definition of principles of law, financial law is carried out, definitions of principles of budgetary law which are contained in scientific national and foreign legal literature are considered, features of influence on the formation of principles of budgetary law and normative-legal fixing are specified. The difference between the principles of budget law and the principles of budget activity is indicated. The place of budget law as a sub-branch of financial law is defined. Budget law is an element of the financial law system. The system of principles in force in budget law is similar to the system of principles of financial law with the difference that a group of special principles is added to them. These principles can be called their own, as they apply only to budgetary relations, have a unique legal scope, and are externally normatively expressed in the budget legislation in the form of principles of the budget system of Ukraine. The system of principles of budget law includes: general principles of law inherent in the entire legal system; intersectoral principles inherent in financial law, all elements of this branch of law; principles inherent only in financial law and apply to all elements of this branch of law; principles inherent only in budget law, own principles that apply to all elements of this subsector and are normatively expressed in budget legislation as the principles of the budget system of Ukraine. The definition of �principles of budgetary law� is given, it is proved that as a mechanism of regulation of budgetary activity the principles are manifested in law-making and law-enforcement documents, normative-legal acts.

scholarly journals PROTECTION OF THE RIGHTS OF THE JUDGMENT CREDITOR IN ENFORCEMENT PROCEEDINGS: CHALLENGES AND PROSPECTS FOR DEVELOPMENT

2020 ◽  
Vol 6 (4) ◽  
pp. 136-141
Author(s):  
E. N. Gubina ◽  
D. V. Davitavyan
Keyword(s):  
Scientific Literature ◽  
Federal Law ◽  
Legal Literature ◽  
Legal Nature ◽  
Legitimate Interests ◽  
The Difference ◽  
Definition Of ◽  
Single Approach ◽  
Object Of Knowledge ◽  
Legal Meaning

Based on the analysis of scientific literature, the paper defines the concept of protection of rights in enforcement proceedings. The article discusses the provisions of the current executive legislation on the protection of the rights of the claimant in enforcement proceedings. The study of the concept of protection of rights and its legal nature is relevant for enforcement proceedings, however, will allow a comprehensive review of special ways to protect the rights of claimants. In the legal literature, you can find different approaches to determining the legal meaning of the term protection of rights. There is no single approach to the definition of protection of rights. The difference in the interpretation of the concept is due to the multidimensional nature of the term and the variety of methodological attitudes of the authors in the study of the object of knowledge. Particular attention is paid to the issue of the possibility of foreclosure on the debtor's only residential premises in order to establish a balance of interests in the framework of enforcement proceedings. To ensure the rights and legitimate interests of the claimant in enforcement proceedings and eliminate gaps in the current enforcement legislation, the authors propose to make amendments and additions to the current legislation, in particular, to the Federal Law On enforcement proceedings.

THE QUESTION OF THE NATURE AND THE REASONS OF LEGAL COLLISIONS

2021 ◽  
pp. 54-58
Author(s):  
Наталья Алексеевна Макарова
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Legal Practice ◽  
Advantages And Disadvantages ◽  
Legal Literature ◽  
Legal Nature ◽  
Professional Requirements ◽  
Russian Law ◽  
The Law ◽  
Definition Of

В статье анализируется правовая природа юридических коллизий, систематизируются предложенные в юридической литературе последних лет определения понятия «юридическая коллизия», выделяются достоинства и недостатки исследуемых подходов, формулируется авторское определение данного понятия. Под юридической коллизией предлагается понимать противоречие между нормами права, а равно нормами права и (или) положениями правоприменительных и интерпретационных правовых актов, потенциально или практически порождающее трудности в реализации права. Коллизии в праве (юридические коллизии) рассматриваются в их соотношении с другой разновидностью правовой неопределенности - пробелами в праве. Автор статьи приходит к выводу о том, что, хотя оба этих явления имеют негативное влияние на развитие правовой системы государства и юридическую практику, именно юридические коллизии создают наиболее серьезные трудности в ходе правоприменительного процесса. Если причины возникновения пробелов в праве носят смешанный объективно-субъективный характер, зачастую с уклоном в сторону объективных причин (нормы права объективно не всегда оперативно подлежат формальному закреплению вследствие очень высоких темпов развития общественных отношений), то причины возникновения юридических коллизий преимущественно субъективны. Любая юридическая коллизия, так или иначе, представляет собой ошибку правотворца, правоприменителя или интерпретатора. Сделан вывод о том, что для предотвращения «разрастания» коллизионности в российском праве требуется снизить темпы правотворческого процесса, четко определить границы законотворчества и подзаконного правотворчества, но прежде всего - ужесточить профессиональные требования к субъектам правоприменительной, интерпретационной и особенно правотворческой юридической практики. The article analyzes the legal nature of legal collisions, the definitions of the concept of «legal collisions» proposed in the legal literature of recent years are systematized, the advantages and disadvantages of the investigated approaches are highlighted, the author's definition of the concept is formulated. It is proposed to understand a legal collision as a contradiction between the norms of law, the norms of law and the provisions of law enforcement and interpretive legal acts, potentially or practically giving rise to difficulties in the implementation of the law. The legal collisions are considered in their relation to another kind of legal uncertainty - gaps in law. The author of the article comes to the conclusion that, although both of these phenomena have a negative impact on the development of the legal system of the state, legal collisions create the most serious difficulties in the course of the law enforcement process. The reasons for the appearance of gaps are rightfully objective, and the nature of legal collisions is predominantly subjective. Any legal collision is, in one way or another, an error. It is concluded that, in order to prevent the "growth" of collision in Russian law, it is necessary to reduce the pace of the lawmaking process, to clearly define the boundaries of lawmaking and bylaw lawmaking, toughen professional requirements for subjects of legal practice.

scholarly journals THE IMPLICATION OF DEFINING REFUGEE IN INDONESIAN IMMIGRATION LEGAL SYSTEM

2018 ◽  
Vol 1 (1) ◽  
pp. 63-72
Author(s):  
Anindito Rizki Wiraputra
Keyword(s):  
Foreign Policy ◽  
Legal System ◽  
Asylum Seekers ◽  
Immigration Law ◽  
Policy Perspective ◽  
Law System ◽  
Presidential Decree ◽  
The Subject ◽  
Handling Methods ◽  
Definition Of

Indonesia as a country which did not ratify UN Convention 1951 on Status of Refugees and Protocol 1967,  issued a Presidential Decree No.125/2016 on Handling Overseas Refugee in addressing the issues of  foreign nation subject who intend to seek refuge by passing through Indonesian territory, generally aiming  to seek refuge in Australia. These foreign nation subject introduced as “refugee” by media although the  subject is unrecognized by Indonesian immigration law system. Indonesian immigration law only recognize  subject as a person who enter or leave Indonesian territory by legal or illegal means. The definition of  Refugee on Presidential Decree No.125/2016 is the first definition of the subject in Indonesian legal system,  refers to both Refugee and Asylum Seekers in UN Convention 1951, which supposed to have different  handling methods. Therefore, the implementation of Presidential Decree No.125/2016 leads to different  understanding in immigration and foreign policy perspective on Refugee subject.   

Overcoming of Corruptogenic Factors of Criminal Legislation: Concept and Main Methods

10.12737/5503 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 68-75
Author(s):  
Сергей Иванов ◽  
Sergey Ivanov
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Positive Role ◽  
Legal Nature ◽  
Rational Explanation ◽  
Definition Of ◽  
Criminal Matters ◽  
Criminal Legislation

This article deals with the definition of overcoming the corruptogenic factors of the criminal law; notes its positive role in combating corruption in the criminal justice and highlights the main features: universality, casuistry, functional character, law-enforcement level of the implementation. This article discusses some of the most important ways of overcoming the corruptogenic factors of the criminal law: the uniformity of practical activity (the same understanding and application of the criminal law to all situations with a similar set of actual data and identical criminal-legal nature); motivation (rational explanation subject to enforcement activities of the reasons and circumstances underlying the decision on this or other legal and penal question) and formalization of the decision-making (development and implementation of the criminal law or court practice on certain criteria that must underlie the adoption of any authority of any decisions in criminal matters and to narrow the scope of his discretion); raising the level of legal awareness of subjects of criminal-law relationships.

scholarly journals CONCEPTS OF ADMINISTRATIVE PROCESS IN MODERN SCIENCE OF ADMINISTRATIVE LAW AND PROCESS

2019 ◽  
pp. 66-69
Author(s):  
N. Yu. Hut
Keyword(s):  
Law Enforcement ◽  
Modern Science ◽  
Administrative Law ◽  
Administrative Process ◽  
Legal Literature ◽  
Administration Of Justice ◽  
Narrow Definition ◽  
Definition Of ◽  
The Right ◽  
Broad Understanding

The paper analyzes the concepts of administrative process presented in legal science. It is stated that every concept of the administrative process has the right to exist, because all of them are based on the facts, phenomena and norms actually existing in the legal system of Ukraine. However, three of them are most thoroughly presented in the legal literature: 1) the concept of a broad understanding of the administrative process; 2) jurisdictional (law enforcement) concept of the administrative process; 3) the concept of a narrow understanding of the administrative process. Representatives of a broad understanding of the administrative process argue that the procedural form is present wherever there is a need to implement substantive rules of administrative law, and all organizational legal relations are inherently procedural relations. Representatives of the jurisdictional and law-enforcement concepts of the administrative process, firstly, are convinced that the procedural form can be inherent only in activities related to the administrative-jurisdictional or law-enforcement activities of the competent authorities, and secondly, that the organizational legal relations are evenly distributed between substantive and procedural relations. Representatives of the concept of narrow definition of the administrative process insist that the procedural form relates solely to the activity of one branch of power - the judiciary, and therefore procedural relations arise only in the sphere of administration of justice by the courts.

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 Bioethics in the Context of Law-Making and Law Enforcement (Surrogate Motherhood)

Lex Russica ◽  
2019 ◽  
pp. 29-39 ◽  
Author(s):  
V. V. Momotov
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Legal Order ◽  
Complex Nature ◽  
Surrogate Motherhood ◽  
Public And Private ◽  
Legal Literature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Law Making

The article is devoted to one of the most topical issues for the Russian legal order, namely: the regulation of surrogacy. This topic, unfortunately, is not sufficiently covered in the scientific and legal literature due to its novelty and a complex nature of bioethical problems.This article provides an overview of normative legal acts regulating surrogacy, Russian and international law enforcement practice in this area, as well as legal approaches existing in other legal orders. Particular attention is paid to the latest trends and approaches associated with the adoption of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 16, 2017, “On the application of legislation by courts in cases related to the establishment of the origin of children.” At the same time, attention is paid to both public and private law aspects of the phenomenon in question. 

FEATURES OF DISCRETION IN LEGAL PRACTICE OF THE STATES OF THE ROMANO-GERMANIC LEGAL FAMILY

2020 ◽  
pp. 18-23
Author(s):  
Yu. V. Onosov ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Scientific Development ◽  
Judicial Discretion ◽  
Dual Nature ◽  
Leading Role ◽  
The Will ◽  
Law Making

The paper discusses general regularities affecting the discretion in law enforcement and law-making practice in the countries of the Romano-Germanic legal family. Factor analysis provides a detailed description of the most important laws related to the exercise of discretion in the law enforcement and law-making practice of the states of the specified legal family. In particular, the author draws attention to the dual nature of judicial rulemaking, the pronounced codified nature of legislation, the leading role of a normative legal act in the system of law sources, the presence of explicit conceptuality and doctrinality, and other essential factors. In comparison with the system of common law, the continental legal family is characterized by the significant influence of the works of legal scholars and the expressed and intense perception of legal doctrines and theories. The author notes that the array of acts of interpretation significantly influences the uniformity of judicial practice in the continental legal system since this is a way to give flexibility to the legal regulation of public relations. Besides, the codifiers use a large number of scientifically based general provisions to formulate prescriptions, which are the main focus. The paper considers the fact that in the Romano-Germanic legal family, the lawyers regard as unacceptable the situation when the will of the judicial authorities determines the decisions made by the legislator since a traditionary one is a situation when the judicial authorities implement the will of the legislator. The author concludes that the rule of law is a consistent principle of the continental legal system. The paper states that scientific development should pay particular emphasis to the problems of law enforcement discretion. Thus, judicial discretion in law is most typical for the legal systems of the Anglo-Saxon legal family, and administrative discretion (the discretion of administrative jurisdiction) – for the Romano-Germanic legal family. The legal system developed in a particular state determines the general and specific regularities of exercising discretion in law practice.

scholarly journals Takzir as a Punishment in Islamic Criminal Law (Study of the Establishment of Punishment in Criminal Acts in Qanun)

2019 ◽  
Vol 1 (2) ◽  
pp. 100-108
Author(s):  
Usammah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Social Life ◽  
State Power ◽  
Public Law ◽  
Nation State ◽  
Positive Law ◽  
Western Law ◽  
Law Making

Formalizing the Shari'a of Islam both in the realm of social and social life, in the state and nation are not infrequently debated, both socio-political and religious debates. The debate is in addition to understanding the teachings of religion and its relationship with the nation-state, as well as understanding the existing legal system within the country, especially that the country embraces a positive legal system that is more influenced by western law. The notion of enforcement of Islamic criminal law can not necessarily be carried out properly without any legislation and the establishment of a material Islamic criminal law as a positive law in force. Also, Islamic criminal law is a public law requiring state power both in law making and in law enforcement. In relation to the legislation and the formation of the law (qanun syariat Islam), the most interesting thing is how to determine the shape of the finger and its uqubat both belonging to the category of hudud, qisas and takzir as part of the Islamic Shari'a law enforcement system

scholarly journals Peculiarities of Protection of Rights and Interests of Heirs: Theoretical Aspects

2020 ◽  
Vol 10 ◽  
pp. 355-362
Author(s):  
Yuri O. Zaika ◽  
◽  
Oleksandr Ye. Kukhariev ◽  
Volodymyr L. Skrypnyk ◽  
Aliesia A. Mytnyk
Keyword(s):  
Civil Rights ◽  
Scientific Community ◽  
Civil Law ◽  
Inheritance Law ◽  
Legal Literature ◽  
Legal Nature ◽  
The Will ◽  
Methodological Approaches ◽  
Definition Of ◽  
The Right

The relevance of this study is due to the necessity to ensure the proper exercise of subjective civil rights in the field of inheritance law. Protection in inheritance is related to the general right to protection. Due to the peculiarities of inheritance law as a sub-branch of civil law, it has its own specifics, which is manifested primarily in the definition of special ways to protect violated unrecognized or challenged rights. In addition, the protection of the rights of heirs takes place only within the inheritance relationship, which is characterized by a long nature. The purpose of the article is to identify the features of protection of subjective civil rights of heirs in the field of inheritance. This necessitates the use of special methodological approaches that will identify the characteristics of protection of the rights of heirs, as well as research methods such as dogmatic, formal-logical, systematic, comparative law. The article analyses the recognition of the right of ownership of inherited property in court and proves that this exceptional method of protection is used if there are obstacles to the notarization of inheritance rights. The most typical and widespread special ways to protect the rights of heirs are considered: removal from the right to inherit, invalidation of the will, change of the order of obtaining the right to inherit, reduction of the size of the obligatory share in the inheritance. The outlined issues were not widely covered in the legal literature, as the attention of scholars was mainly in the perspective of clarifying the legal nature of protection and defence, the ratio of forms and methods of protection of subjective civil rights, analysis of general methods of protection of subjective civil rights. That is why this work is an important contribution to outlining the issue of inheritance law and attracting due attention of the scientific community.

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