GENESIS OF THE INSTITUTE OF CONSTITUTIONAL RESPONSIBILITY IN THE LEGAL SYSTEM OF KYIV RUS

2019 ◽  
pp. 22-29
Author(s):  
Vitalii Knysh
Keyword(s):  
Legal System ◽  
Scientific Knowledge ◽  
Functional Results ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Practical Significance ◽  
Logical System ◽  
Historical Experience ◽  
Political Activities ◽  
Comprehensive Study

Purpose. The aim of the article is to study the genesis and development of constitutional responsibility in Kyiv Rus. Methodology The methodology provides for a comprehensive study of historical and theoretical material on this issue, as well as the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: historical, historical-legal, terminological, formal-logical, system-functional. Results. In the course of the study it was established that during the period of Kyiv Rus constitutional legal responsibility had the following types: 1) individual constitutional and legal responsibility, which was manifested in the responsibility of the Kyiv prince and princes for their social and political activities; 2) collegial constitutional and legal responsibility, the subjects of which were the council, the council of boyars, as well as other state bodies that existed under the Kyiv prince and princes. Scientific novelty. According to the results of the study, it was established that the institution of constitutional legal responsibility of the period of Kyiv Rus was at the stage of formation and provided for a combination of positive and negative, individual and collegial aspects of constitutional legal responsibility. Practical significance. The results of the study and historical experience of legal regulation can be used to improve the current legislation of Ukraine on constitutional responsibility.

LEGAL REGULATION THE MECHANISM OF CONCLUDING AGREEMENTS AS A MEANS OF REACHING A COMPROMISE IN THE CRIMINAL JUSTICE OF UKRAINE: HISTORICAL ASPECT

2020 ◽  
pp. 119-129
Author(s):  
Mariia Sirotkina
Keyword(s):  
Criminal Justice ◽  
Functional Results ◽  
Legal Regulation ◽  
Practical Significance ◽  
Political Regime ◽  
Final Decision ◽  
Criminal Proceedings ◽  
Historical Aspect ◽  
Historical Periods ◽  
Comprehensive Study

Purpose. The aim of the article is to study the genesis and development of legal regulation of the mechanism of concluding agreements as a means of reaching a compromise in the criminal justice of Ukraine. Methodology. The methodology involves a comprehensive study of historical and theoretical material on this issue, as well as the formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: historical, historical-legal, terminological, formal-logical, system-functional. Results. In the course of the research it was established that the domestic experience of the development of the institution of agreements in criminal proceedings originates from Russka Pravda, which enshrined the rules of simplified proceedings, and the guilty plea directly affected the final decision. An important stage in the development of legal regulation of compromise procedures was the adoption in 1864 of the Statute of Criminal Justice. According to its provisions, if the accused pleaded guilty and his confession did not cause the judge to doubt, the judge could immediately proceed to sentencing in the case, without further investigation. In the pre-revolutionary and Soviet historical periods, the nature of criminal justice was particularly strongly influenced by the political regime. In 1918-1960 there was a significant slowdown in the development of compromise criminal procedure institutions. Scientific novelty. According to the results of the study, it is established that the institution of agreements in criminal proceedings continues its formation taking into account the historical preconditions of its development. Practical significance. The results of the research and historical experience of legal regulation can be used to improve the current legislation of Ukraine, which regulates the mechanism of concluding agreements in criminal proceedings.

Doctrinal principles of law: concept and specificity

2021 ◽  
pp. 9-21
Author(s):  
Vera A. Iliukhina
Keyword(s):  
Legal System ◽  
Scientific Knowledge ◽  
Driving Force ◽  
Historical Period ◽  
Social Significance ◽  
Historical Experience ◽  
Legal Principles ◽  
Positive Law

Based on the understanding of the doctrinal principles of law as socially significant ideas formulated by scientists, practitioners, politicians in scientific works and other texts, as well as in public speeches and have not found a normative consolidation, the peculiarities of the doctrinal principles of law are highlighted. It is proposed to delimit the doctrinal principles of law from legal axioms and normatively enshrined principles of law (principles of positive law). The similarity between the doctrinal principles of law and legal axioms is that they are ideas. It is substantiated that their differences lie in the fact that legal axioms are always ideas that are socially important and tested by historical experience, and doctrinal principles can be absolutely any, including new ones, coinciding or not coinciding with the needs of society; doctrinal principles are always not normatively fixed (this is their main specific feature), and legal axioms may or may not have normative consolidation. The main differences between doctrinal and normatively enshrined principles of law are highlighted. Three ways are established for the implementation of doctrinal ideas to the level of sectoral, inter-sectoral or general legal principles. The position is substantiated that doctrinal principles have enormous social significance and play an important role in the legal system of Russia, since are the basis for innovative changes in law, are a driving force for the development of legislation, based on the level of development of scientific knowledge and the needs of society in a specific historical period.

Tendencies of Development of Activities of a Prosecutor in Elimination of Obstacles to Consideration and Resolution of Criminal Cases under the 1864 Charter of Criminal Proceedings

2020 ◽  
Vol 15 (1) ◽  
pp. 36-45
Author(s):  
M. F. Yelchiev
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Historical Experience ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Legal Method ◽  
Additional Investigation

The paper substantiates the relevance of historical experience of the legal regulation in the context of the modern reform of the prosecutor’s work aimed at elimination of obstacles to consideration and resolution of criminal cases with a view to ensure the adoption of a lawful and reasonable decision on the case, which will certainly contribute to the achievement of the objectives of criminal proceedings. The paper investigates the cases of the 19th century when prosecutors returned criminal cases for additional investigation at the pre-trial stage of criminal proceedings. The author has examined the evolution of the goals, objectives and functions of the institution of return of cases by the prosecutor for further investigation in the specified period. The subject of the study amounts to the examination of the institution of additional investigation from the standpoint of its historical genesis. The author focuses on the analysis of the procedure applied to cases returned by the prosecutor for further investigation, the grounds for investigation and ways of correcting the revealed violations. Taking into account the historical experience, the author comes to the conclusion that it is necessary to improve the activity of the prosecutor aimed at eliminating obstacles. The author has formulated and substantiated proposals for modernization of the legal regulation of the procedure under consideration, as the return of the case for additional investigation constitutes a reserve mechanism for achieving the purpose of criminal proceedings that has restorative nature with regard to the legal rights and interests of the participants of criminal proceedings and their compliance with the relevant legal procedure. This procedure is important for making the right decision on the merits. Thus, the purpose of the work is to elucidate the process of formation and functioning of the institution of additional investigation enshrined in the Charter of Criminal Proceedings. To achieve this goal, the basic scientific methods (dialectical method of cognition, method of systematic analysis, deduction and induction, methods of comparisons and analogies, and a number of others) have been used. The main objectives of the study have been achieved on the basis of the comparative legal method. The practical significance of the work is that it justifies the need for legislative unification of legal norms regulating the activities of the prosecutor aimed at removing the obstacles to the consideration and resolution of criminal cases and introduction of appropriate amendments and additions to normative legal acts that would coordinate the procedure for sending cases by the procurator for additional investigation in strict compliance with the fundamental principles of domestic criminal proceedings.

scholarly journals The Relations Between the Institution of Procedural Responsibility, Legal Relationships and Legal Practice

2019 ◽  
pp. 73-85
Author(s):  
Elena Valerievna Chuklova
Keyword(s):  
Legal System ◽  
Basic Research ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Practice ◽  
Judicial Practice ◽  
Functional Relations ◽  
Genetic Level ◽  
Definition Of ◽  
Basic Research Project

The subject of this research is the institution of procedural responsibility and its relations with legal relationships and legal practice. In her research Chuklova defines genetic, coordination, subordination and functional relations. According to the author, implementation of procedural responsibility provisions creates both material and procedural legal relations. The author demonstrates that the institution of procedural responsibility either relates to legal relationships at the functional genetic level disregarding the definition of a particular legal relationship or acts as a result of legal regulation or means of regulation. There should be legal grounds for creating such an institution, too. The institution of procedural responsibility creates conditions for discovering the truth in criminal, civil or administrative cases, thus demonstrating subordination relations. The research is based on general and special research methods such as comparative law, formal law analysis, functional and systems approaches, etc. As a result of the research, the author concludes that judicial practice is a coordination link between procedural form and material law, however, many court decisions demonstrate a negative tendency in implementation of the procedural responsibility provisions when there is a total substitution of one term with the other. For example, contempt of court includes such actions as numerous continuous disqualifications, non-submission of documents, failure to appear in court, non-compliance with court orders, negative remarks about a judge's professional or personal qualities. The article is funded by The Russian Foundation for Basic Research, project No. 19-011-00103 А 'Legal Responsibility in Russia's Legal System: the Concept of Interaction, Interconnection and Elimination of Contradictions with Other Elements of Legal System'. 

scholarly journals The principle of objective truth in law

2018 ◽  
Vol 55 ◽  
pp. 02011
Author(s):  
Natalia Embulaeva ◽  
Lyubov Ilnickaya
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Practical Significance ◽  
Law Enforcement Agencies ◽  
Philosophical Foundations ◽  
Objective Truth ◽  
The Russian Federation ◽  
Russian Law

The relevance of the study of the problems of truth in law is conditioned by the essential nature of man and his purposeful activity, including the sphere of legal regulation of social relations. At the present stage, the issue of securing the principle of truth in the norms of Russian law is not unambiguously resolved. In this regard, it seems relevant to investigate the issues of the legalization of truth and the mechanisms for its achievement in the conditions of application of measures of legal responsibility. The paper is devoted to the study of philosophical foundations of truth in law, the analysis of practical significance of obtaining truth in the procedural branches of law on the basis of analysis of the norms of the procedural legislation of the Russian Federation. Formal-legal and comparative-legal methods are used for a comprehensive analysis of procedural legislation and the implementation of the principle of objective truth in the legislation. With the use of the dialectical method, epistemological grounds and their significance for the implementation of law enforcement activities are revealed. The article reflects the views of researchers on the content of truth and the realization of the principle of objective truth in law. The conclusion is made that it is necessary to interpret the principle of objective truth as universal one, which must permeate not only the sphere of law enforcement, but also the formation of laws. A proposal is formulated on the need to separate and normatively fix the principle of objective truth in the procedural branches of law as an independent principle. Law enforcement agencies should strive achieving objective truth in the cases in question.

scholarly journals Theoretical approaches to determining the principles of codification of legislation in the field of intellectual property

2021 ◽  
pp. 128-139
Author(s):  
Nataliia Myronenko
Keyword(s):  
Intellectual Property ◽  
Legal System ◽  
Theoretical Basis ◽  
Legal Regulation ◽  
Practical Significance ◽  
Theoretical Approaches ◽  
The Law ◽  
Law And Justice ◽  
The Relationship ◽  
External Form

Keywords: law, intellectual property, codification and systematization of legislation,principles of codification, concepts, types and system of principles of codification The article revealstheoretical approaches to defining the system of principles of codification, theirplace in the legal system, which characterize the content of law in a concentratedform, its structure, the relationship between sources of law, law and justice, law andgovernment coercion and belief in legal regulation. It is proved that the system-formingcriterion of the principles of law and the principles of legislation are their functionaland purpose. The practical significance of the principles in the process of systematizationof legislation in the field of intellectual property, including its type suchas codification, is revealed. The correlation of principles of law and principles of legislationare investigated. It is established that there is a dialectical connection betweenlaw and law, which is manifested in the fact that: legislation is an external form of expressionof law, a way of expressing its content; most of the law is substantively includedin the legislation; the spheres of law and law do not coincide but intersect; inthat part, in which law and law coincide, the principles of law are the essence of theprinciples of law and vice versa — the principles of law are the principles of law. At the same time, since the legislation is an external form of expression of law and doesnot completely coincide with the law and does not contradict it, its creation and developmentare subject to certain specific rules and technologies. The main methodologicalprinciples that influence the separation of the system of principles, their place inthe theory of codification are determined; substantiates the need to include in the systemof general and special principles of codification and sectoral principles, which arethe theoretical basis and ensure those features are taken into account in the processof codification of individual branches of legislation. It is proved that there is a dialecticalrelationship between the purpose of codification, its tasks and the principles onwhich codification activity is based, the dependence of its result on the degree of consistencyof these elements of codification.

scholarly journals The concept of integrating artificial intelligence into the legal system

2021 ◽  
Vol 25 (3) ◽  
pp. 673-692
Author(s):  
Yulia A. Gavrilova
Keyword(s):  
Artificial Intelligence ◽  
Legal System ◽  
Human Life ◽  
Legal Regulation ◽  
Practical Significance ◽  
Russian Society ◽  
Technical Standards ◽  
Human Environment ◽  
System A ◽  
Smart Regulation

The article is devoted to the issue of artificial intelligence integration into the legal system. The human life is inextricably linked with digital technologies in the digital age. Legal regulation of developing and applying artificial intelligence has a complex influence on the legal system of Russian society. In this regard, the issue is characterized by high scientific and practical significance and meets the strategic needs of the legal policy of the Russian Federation. The purpose of the article is to formulate the main elements of the concept of integrating artificial intelligence into the legal system. Research methods contributing to reaching the aim are formal-legal, analogy, extrapolation, cultural-historical, modeling and forecasting. The results of the study can be outlined as follows. We think that humanistic approach to domestic legal system is the most optimal; within this approach artificial intelligence is naturally and imperceptibly integrated into the human environment as a smart intelligence that performs the functions of smart regulation. The legal regulation of embodied (robotic) and swarm (collective) artificial intelligence should be introduced with reasonable caution and predictability with regard to technical standards and controlled legal experiments after conducting the widest possible ethical expertise. When forming the concept of artificial intelligence integration into the legal system a number of fundamental factors must be taken into consideration: legal continuity of doctrinal legal knowledge, differentiation of legal regimes and consideration of the cultural and civilizational code and psychology and mentality of the society where such legal regulation is being developed and implemented.

scholarly journals The Principle of Performance in Inter-Budgetary Subsidy Provision Legal Relationships

2021 ◽  
Vol 1 ◽  
pp. 41-44
Author(s):  
Alina A. Timerkhanova ◽  
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Performance Indicators ◽  
Legal Regulation ◽  
Practical Significance ◽  
Synthesis System ◽  
Scientific Methods ◽  
Dialectical Method ◽  
Judicial Practice ◽  
General Scientific

Purpose. The article discusses the importance of the princ iple of ef fectiveness in relations for the provision of intergovernmental subsidies. Judicial practice shows that there is no detailed legal regulation of the composition of this principle, which leads to failure to achieve the result of using subsidies. Methodology: dialectical method of scientific knowledge. The research used such general scientific methods as analysis, synthesis, system and structural-functional. Conclusions. The author comes to the conclusion that the composition of the principle of effectiveness should be fixed in the Budget code of Russian Federation, which includes performance indicators, deadlines for achieving the purpose and exceptional circumstances. Scientific and practical significance. Based on the analysis of judicial practice, the composition of the principle of effectiveness is proposed, which will contribute to achieving the purpose of provision of intergovernmental subsidies.

scholarly journals How does the evaluation categories of the legislation affect on the law enforcers of justice

2015 ◽  
Vol 2 (3) ◽  
pp. 46-51
Author(s):  
K E Kovalenko
Keyword(s):  
Legal System ◽  
Legal Reform ◽  
Legal Culture ◽  
Legal Regulation ◽  
Research Topic ◽  
The State ◽  
Practical Significance ◽  
Russian Society ◽  
Separate Study

The relevance of the research topic due to the theoretical and practical significance of the requirements of reasonableness in solving issues of law and the development of organic elements of the legal system of the Russian society. The level of legal culture of society depends not only on the state of quality of its individual elements, but their consistency, correspond to each other. Provide reasonable legal regulation is one of the important directions of legal reform becomes a problem of legal science in general, requires a comprehensive research. These issues have not received a separate study on monographic level.

Implementation of the functions of law in the process of its implementation

2020 ◽  
pp. 32-38
Author(s):  
Ruslana Ivanychuk
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Active Form ◽  
Functional Results ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Norms ◽  
The Law ◽  
Scientific Results ◽  
High Level

Goal. This article examines the main forms of implementation of the functions of law in the context of law enforcement. Method. The methodology includes a set of analysis and generalization of scientific and theoretical material. In order to obtain the most reliable scientific results, the study used general scientific, conceptual and philosophical approaches, including the following methods: hermeneutic-legal, comparative-legal and structural-functional. Results. The study recognized that the implementation of law is a mechanism for implementing legal norms that meet the requirements of the purpose of legal regulation as the formation of individuals with a high level of orthodox behavior, streamlining public relations and strengthening the requirements of law and order. The implementation of the law is carried out in the following forms: compliance - is the implementation of the requirements of prohibitive legal norms, compliance - binding rules of law and the use - authorizing rules of law. As for the subjective behavior of participants in the implementation of legal norms, it can be manifested both in active form (implementation, use) and in passive abstinence from it (compliance). The implementation of the functions of law are a means of influencing the law on the behavior of participants in public relations, which are manifested in the following forms: information; orientation and legal regulation. Scientific novelty. The study identified and substantiated the main forms of implementation of the functions of law and its implementation, in particular by conducting a comparative analysis of these categories in theoretical and practical aspects, it is determined that their implementation is based on an effective mechanism for implementing the will of the legislator and the state. society and the concept of the rule of law in Ukraine. Practical significance. The results obtained during the study can be used in law enforcement and research.

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