TERMINOLOGICAL DIFFERENCES IN THE DEFINITION OF THE CONCEPT OF FAUNA IN THE LEGISLATION OF UKRAINE AND IN THE ECOLOGICAL AND LEGAL DOCTRINE

2021 ◽  
pp. 56-59
Author(s):  
Kh. Сhopko
Keyword(s):  
Legal Doctrine ◽  
Definition Of

ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Legal Status ◽  
Modern World ◽  
Legal Regime ◽  
Legal Doctrine ◽  
City Councils ◽  
The Social ◽  
District Management ◽  
Definition Of ◽  
The Relationship ◽  
The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

Coercive Persuasion As a Specific Type of Violence in Criminal Law

2020 ◽  
Vol 1 (1) ◽  
pp. 61-72
Author(s):  
Carlos Bardavío Antón
Keyword(s):  
Criminal Law ◽  
Comparative Law ◽  
Third Parties ◽  
Physical Injury ◽  
Comprehensive Understanding ◽  
Legal Doctrine ◽  
New Approach ◽  
Freedom Of Will ◽  
Definition Of ◽  
Regulatory Problems

The field of cults, and that of destructive or coercive cults in particular, has received little attention from the perspective of criminal law doctrine. Supporters of such groups often claim to be victims of a violation related to freedom of will. In this article, I consider various methodologies and manipulation techniques used by such groups and suggest that comparative law, criminal definitions, and regulatory problems provide the basis for a more comprehensive understanding of criminal phenomenology that includes these concerns: the loss of freedom through coercive persuasion, and thus being the victim of a crime, or through becoming an instrument for the commission of crimes ordered by third parties. Research shows that the conventional definition of crime against freedom of will and physical injury is inadequate. I posit that a new approach to legal doctrine and criminal classification is required to fight against new crime phenomenology. I propose a criminal classification aimed at considering coercive persuasion as a crime, and a definition for the criminalization of certain organizations that engage in willful misconduct or reckless conduct.

scholarly journals Definition of actors of administrative and legal support of information security in the customs area

2020 ◽  
Vol 3 (3) ◽  
pp. 294-299
Author(s):  
Turhut Salayev
Keyword(s):  
Information Security ◽  
Local Governments ◽  
Legal Status ◽  
General Information ◽  
Legal Doctrine ◽  
Theoretical Understanding ◽  
The Subject ◽  
The Difference ◽  
Definition Of ◽  
Broad Approach

The article deals with scientific and theoretical understanding and the provision of the definition of the category "actors of administrative and legal support of information security in the customs area". The author has disclosed and analyzed the provisions of the administrative and legal doctrine of the above questio, besides, the problematic issues of the definition of "subjects of administrative and legal support of information security in the customs sphere" are identified, andthe necessity of distinguishing this concept from other related concepts and categories is defined. Disclosing issues of actors of administrative and legal support of information security in the cus-toms sphere, it is necessary to avoid substitution of concepts and clearly understand the difference between the concepts of "institutional mechanism of administrative and legal support of information security in customs" and "state mechanism of administrative and legal support of information security in the customs sphere "from the concept of" subjects of administrative and legal support of information security in the customs sphere ". After all, the concept that is the subject of our study, of all the above, has the most comprehensive and broad scope and meaning. That is why, disclosing a set of subjects of administrative and legal support of information security in the customs sphere, it is advisable to apply a broad approach to understanding this category, given that among such subjects must be considered non-state subjects. objects - local governments, public organizations, etc. Because without their activities such a list will not be complete, and the mechanism of administrative and legal support of information security in the customs sphere will not be such that covers all possible spheres of public life and methods of information security. The current general information and administrative legislation, as well as special legislation gov-erning the procedure of customs, is considered in order to more clearly disclose the features and legal status of the actors of administrative and legal support of information security in the customs area. Each of these entities plays an appropriate role and occupies the necessary place in the system of national security of Ukraine, information security of Ukraine in general and information security in the customs area in particular. This role can be described as the implementation of general control over information security in the customs area, as well as taking measures to respond to violations of information legislation and the emergence of threats to information in the customs area within the powers defined by law. At the same time, the administrative and legal provision of information security is carried out directly by the customs authorities.

Legal philosophy of Rudolf Stammler

2017 ◽  
Author(s):  
Николай Шавеко ◽  
Nikolai Shaveko
Keyword(s):  
Social Sciences ◽  
Natural Law ◽  
Subsequent Development ◽  
Russian Philosophy ◽  
Philosophy Of Law ◽  
Legal Doctrine ◽  
The Social ◽  
Definition Of ◽  
Law And Science ◽  
Outstanding Representative

The monograph is devoted to the identification of the main provisions and features of the philosophy of law R. Stammler, definition of communication proposed by R. Stammler legal doctrine with the preceding and contemporary legal doctrines and its significance for the subsequent development of the theory and philosophy of law. R. Stammler – founder and outstanding representative neokantianism philosophy of law and science flow "revived" natural law, speaking with their own conception of the methodology of the social Sciences and played a key role in the development of natural law doctrine, introducing into science the concept of "proper law" (natural law with changing content) and suggesting the formula of the legal ideal "society of freely wanting people". In addition, Mr. stammler one of the first made deeply researched academic critique of Marxism and anarchism. His teaching on the law, jurisprudence and legal ideal of R. stammler had a significant impact on the development of Russian philosophy of law.

scholarly journals THEORETICAL AND LEGAL ASPECT OF THE FORMATION OF THE INSTITUTE OF ACCESSORY OBLIGATIONS.

2021 ◽  
Vol 2 (67) ◽  
pp. 68-72
Author(s):  
R. Truhan ◽  
S Nadtochij
Keyword(s):  
Legal Aspect ◽  
Civil Law ◽  
Roman Law ◽  
Soviet Period ◽  
Legal Doctrine ◽  
Stage Of Development ◽  
Legal Relationship ◽  
Characteristic Features ◽  
Definition Of ◽  
Further Development

The subject of the article is the study of the theoretical and legal aspect of the development of the institution of accessory obligations. The genesis of the category of "accessory" in Roman law is considered, where the formula of the ancients is derived: the validity of the accessory legal relationship is predetermined by the reality of the basic legal relationship, and was quite simple and concise, there is no basic obligation - no additional one. The evolution of "accessory" in domestic civil law is revealed, which consists in the following: in pre-revolutionary civil law, the theory of security deviated from accessory for the sake of convenience for the circulation of security obligations; in the Soviet period, the identification of the terms "security" and "accessory" obligation took root in the scientific circulation; and at the present stage of development of the theory of accessory in Russian civil law, the concept of "accessory" is identified with a security obligation.The author comes to the conclusion about the multidimensionality of the category of "accessory", which consists in the fact that in the course of the development of law, the understanding of accessory obligations has undergone significant changes, going from the perception of accessory as a kind of obligation that ensures the return of debt and the transfer of "belonging" to the goods sold, to its identification with security obligations in general. Gradually, in the legal doctrine, the opinion was fixed that different types of obligations have the property of accessory, and each of them has its own characteristic features and has its own specifics. According to the authors of the article, the further development of the civilistic doctrine of the accessory of obligations will contribute to the final consolidation of the definition of "accessory" within the framework of Russian civil law.

scholarly journals Damage in International Law: Precondition For State and International Organization Responsibility?

2021 ◽  
Vol 6 (3(16)) ◽  
pp. 381-408
Author(s):  
Enis Omerović
Keyword(s):  
International Law ◽  
Criminal Responsibility ◽  
International Organization ◽  
Punitive Damages ◽  
Legal Doctrine ◽  
Legal Personality ◽  
Legal Nature ◽  
Definition Of ◽  
International Law Commission ◽  
International Legal Personality

The first chapter of the paper elaborates the question of whether one of the constitutive elements of the internationally wrongful act and a precondition for responsibility could be embodied in an existence of damage that has to be inflicted upon participants with international legal personality. In this regards legal doctrine, the arbitral awards, international judgments as well as the works of the UN International Law Commission will be examined, particularly the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Draft Articles on the Responsibility of International Organisations from 2001 and 2011, respectively. An interesting question could be raised concerning the terms used in Law on Responsibility and that is whether there is a difference between damage, injury, and unlawful consequence. Punitive or penal damage and its application in Law on Responsibility will be further assessed. The author will begin its research with the definition of punitive damage, and will further take into consideration international legal doctrine, international arbitral awards, judicial decisions of international courts, decisions of various claims commissions as well as norms of general international law in supporting his hypothesis that international law does not entail reparations for punitive damages. One of the aims of this paper is to indicate the question of whether the existence of punitive damages in international law, if any, be linked to a legal nature of State and international organization responsibility, in the sense that application of punitive damages in international law would support the thesis on the very existence of criminal responsibility of the named subjects of international law? It is interesting to note that the criminal responsibility of states has been abandoned by the removal of Article 19 in the final Draft Articles on Responsibility of States.

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

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 The Comparative Sociology of Legal Doctrine: Thoughts on a Research Program

2020 ◽  
Vol 21 (7) ◽  
pp. 1362-1377
Author(s):  
Christian Boulanger
Keyword(s):  
Empirical Study ◽  
Research Program ◽  
Research Agenda ◽  
Legal Research ◽  
Legal Doctrine ◽  
Comparative Sociology ◽  
Legal Studies ◽  
Working Definition ◽  
Definition Of ◽  
The Uk

AbstractIn the context of the encounter of UK and German socio-legal studies in this issue, this Article develops preliminary thoughts on a research agenda for the comparative interdisciplinary empirical study of legal doctrine. Based on a working definition of doctrine as an institutionally legitimized practice of making statements on the law, it presents an overview of sociological and comparative theorizing about doctrine in Germany, and of the data and methods being used to study it, in order to identify similar or diverging trends in the UK and elsewhere. This Article aims to show that legal doctrine, which is often regarded by non-lawyers as arcane and/or tedious, is an interesting and important subject for comparative socio-legal research.

WAIVER OF SUBJECTIVE RIGHT INSTITUTE: LEGAL NATURE AND ACCEPTANCE CRITERIA IN CRIMINAL PROCEEDINGS

2020 ◽  
pp. 42-47
Author(s):  
I. N. Chebotareva ◽  
◽  
O. S. Pashutina ◽  
I. V. Revina ◽  
◽  
...  
Keyword(s):  
Back Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Interest ◽  
Criminal Proceedings ◽  
Legal Doctrine ◽  
Legal Nature ◽  
The Look ◽  
Definition Of ◽  
The Right

The nature of a subjective right causes the possibility of a criminal proceedings participant willingly, based on own interests and wishes, both to exercise the right exactly and waive it and not to use the provided procedural possibilities. Within the criminal proceedings, the waiver of the right institute is new, underdeveloped. There is practically no understanding of its subject matter and the extent of its exercise at the level of doctrine and jurisprudence as opposed to the foreign experience and civil legal regulation, which causes definite scientific interest in this topic. The paper carries out the look-back analysis of the definition of the nature of the waiver of the subjective right in Russian legal doctrine. This institute is relatively new and little researched in the Russian doctrine, which determines a particular scientific interest in the study of this issue. The paper provides the authors’ description of the waiver of the subjective right. In respect to the Russian criminal procedural legislation, the authors highlight the necessity to distinguish between the refusal of a right and the refusal to exercise a right by the participants in the criminal procedural activity; analyze the differentiated approach of the legislator on this issue. Based on the theoretical and legal analysis, the authors define that the waiver of the subjective right has definite essential features, forms, and ways of implementation, as well as specify the criteria for its admissibility. The paper proves the conclusion that the waiver of the right within the criminal process is possible under such conditions, as the direct willingness of a subject of criminal law relations to waive a right; the awareness of the existence of a particular procedural right and the consequences of such refusal; the form of a waiver showing its voluntary nature by implementing the intended freedom of choice. The authors expressed the proposals aimed at the improvement of norms of current criminal procedural legislation.

Sign in / Sign up

Export Citation Format

Share Document