scholarly journals FINANCIAL AND LEGAL COERSION IN THE CUSTOMS CASE: NOTION, ESSENCE, FEATURES

2019 ◽  
pp. 10-18
Author(s):  
Василь Шімон
Keyword(s):  
Public Relations ◽  
Foreign Exchange ◽  
Rule Of Law ◽  
Scientific Research ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Enforcement ◽  
Legal Coercion ◽  
Scope Of Application ◽  
Exhaustive List

The paper reviews the essence and specificity of financial and legalcoercion in the sphere of state customs. It is noted that taking account thecomplex nature of customs legal relations, state enforcement in the customssphere is regulated by a set of legal norms of various sectoral affiliations. Itis argued that, along with other types of state enforcement in the customssphere, it is also necessary to allocate financial and legal.It is suggested that under financial and legal coercion in the sphere ofthe state customs business, compulsory measures of influence established bythe regulations of the financial law, applied by the authorized state bodiesto the subjects of customs legal relations that violate the financial and legalnorms in the customs sphere. It is concluded that financial and legal coercionin the customs sphere is applied in relations with regard non-fulfillment orinadequate fulfillment of the obligation to pay customs duties and violationof the procedure for foreign exchange operations in the sphere of foreigneconomic activity.Special signs of financial and legal coercion in the customs sphere aresingled out, which include: 1) scope of application - public relations arising inthe process or concerning the movement of items across the customs border;2) is regulated by financial and legal norms that establish an exhaustive list ofcoercive measures, grounds, conditions and procedures for their application;3) is applied in case of violation of financial and legal norms in the customssphere and with a view to preventing and detecting financial offenses in thecustoms sphere.The goal of financial and legal coercion in the field of customs regulationis identified: 1) ensuring the rule of law in the sphere of state customs;2) protection of customs relations from unlawful attacks; 3) prevention offinancial offenses in the customs sphere; 4) termination of unlawful actionsof the obligated subjects of customs relations; 5) restoration of the violatedrights of subjects of customs relations; 6) attraction to the financial and legalresponsibility of the subjects of customs relations, which violate the financialand legal norms in the customs sphere.Types of measures of financial and legal coercion in the sphere of statecustoms are given: preventive, suspensive, right-handed, punitive. Prospectsfor further scientific research on financial and legal enforcement in thecustoms sphere have been determined.

scholarly journals doctrine of the rule of law in the light of the theory of legal interpretation

2021 ◽  
Vol 7 (Extra-B) ◽  
pp. 335-342
Author(s):  
Vladimir Gavrilovich Rotan ◽  
Vladimir Nikolaevich Koval ◽  
Sergey Zenin ◽  
Ivan Mikhaylovich Yapryntsev ◽  
Yuliya Valentinovna Chertkova
Keyword(s):  
Rule Of Law ◽  
Field Of View ◽  
Legal Norm ◽  
Legal Interpretation ◽  
Holistic View ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Enforcement ◽  
Almost All

The article deals with the problem of the connection of legal norms with the texts of the provisions of legislative acts, in which the legal norms are fixed. The purpose of this article is an attempt to develop such aspects of the doctrine of legal norms that would allow the concept of legal norms to cover almost all the legal content of the recognized theories, law, and practice of legal enforcement sources of law and create a holistic view of the legal norm. There are legal norms that are fixed textually (expressed verbally), and legal norms that are fixed logically. The latter type of norms usually does not fall into the field of view of scholars. The article substantiates the need to study the legal norms that are logically fixed in the provisions of legislative acts and the corresponding development of the doctrine of legal norms.

scholarly journals Authentic interpretation of legal norms: theoretical aspec

2021 ◽  
pp. 215-220
Author(s):  
M. V. Osiadla
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Rule Of Law ◽  
Legal Norm ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Internal Conflicts ◽  
Legitimate Expectations ◽  
The Law

The article examines the problem of interpretive activity in the law enforcement process, which is due to the need to clarify the content of the legal norm. The issue of interpretation in the process of application of legal norms is considered, as the modern Ukrainian legislation is not regulated and contains internal conflicts. The article describes the types of official normative interpretation, in particular, as authentic, legal, departmental. The use of interpretation in the law enforcement process as an opportunity to understand the essence of legislative terms,ensuring equal application by all subjects of public relations, which involves compliance with the principle of legitimate expectations and the rule of law. Keywords: interpretation, application, authentic interpretation, casual interpretation.

scholarly journals Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

2020 ◽  
pp. 1-22
Author(s):  
Aida TORRES PÉREZ
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Scope Of Application ◽  
Judicial Protection ◽  
Eu Fundamental Rights ◽  
The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

scholarly journals From the Court to the Classroom: Judges’ Work in International Judicial Education

2018 ◽  
Author(s):  
Toby S. Goldbach
Keyword(s):  
Rule Of Law ◽  
Skills Training ◽  
The United States ◽  
Education And Training ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Judicial Education ◽  
And Training ◽  
Scholarly Attention ◽  
The Way

49 Cornell International Law Journal 618 (2016).This Article explores international judicial education and training, which are commonly associated with rule of law initiatives and development projects. Judicial education programs address everything from leadership competencies and substantive review of human rights legislation to client service and communication, skills training on docket management software, and alternative dispute resolution. Over the last twenty years, judicial education in support of the rule of law has become big business both in the United States and internationally. The World Bank alone spends approximately U.S. $24 million per year for funded projects primarily attending to improving court performance. And yet, the specifics of judicial education remains unknown in terms of its place in the industry of rule of law initiatives, the number of judges who act as educators, and the mechanisms that secure their participation. This Article focuses on the judges’ experiences; in particular, the judges of the Supreme Court of Israel who were instrumental in establishing the International Organization of Judicial Training.Lawyers, development practitioners, justice experts, and government officials participate in training judges. Less well known is the extent to which judges themselves interact internationally as learners, educators, and directors of training institutes. While much scholarly attention has been paid to finding a global juristocracy in constitutional law, scholars have overlooked the role that judges play in the transnational movement of ideas about court structure, legal procedure, case management, and court administration. Similarly, scholarship examines the way legal norms circulate, the source of institutional change, and the way “transnational legal processes” increase the role of courts within national legal systems. There is little scholarly attention, however, to judges as actors in these transnational processes. This Article situates judicial education and training within the context of judicial functions as an example of judicial involvement in non-caserelated law reform. This Article challenges the instrumental connection between judicial education and the rule of law, arguing that international judicial education became a solution at the same time that the problem— a rule of law deficit— was being identified. This Article also explores whether international judicial education can stand as an instantiation of a global judicial dialogue. Judges have immersed themselves in foreign relations. They are, however, less strategic in pushing their ideological agenda than literature about judges and politics would suggest. This Article argues that judges experience politics as a series of partial connections, which resemble most legal actors’ engagement with the personal and the political.

scholarly journals MEMBANGUN MORALITAS DAN HUKUM SEBAGAI INTEGRATIVE MECHANISM DI MASYARAKAT DALAM PERSPEKTIF HUKUM PROGRESIF

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Adam Ilyas ◽  
Dicky Eko Prasetio ◽  
Felix Ferdin Bakker
Keyword(s):  
Rule Of Law ◽  
Legal Practice ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Law And Morality ◽  
The Law

Abstract This study aims to analyze the application of morality to legal practice in Indonesia. This is because the reality of the rule of law today is dominated by a positivist-legalistic phenomenon that prioritizes text but darkens morality's meaning in law. Morality in law seems to be immersed in legal practice that deifies the textual law but neglects the law's moral essence. This research is juridical-normative research oriented towards coherence between the principles of law based on morality and legal norms and legal practice in society. This research's novelty is the development of morality in the rule of law practice by prioritizing two aspects, namely the integrative mechanism aspect of Harry C. Bredemeier with the progressive law of Satjipto Rahardjo. This study emphasizes that efforts to develop law must not forget the elements of morality development. This study's conclusions highlight that the development of law and morality will run optimally by upholding the law as an integrative mechanism and applying progressive law as a solution in facing the lethargy of the Indonesian nation.Keywords: integrative mechanism; morality; progressive lawAbstrak Penelitian ini bertujuan untuk menganalisis penerapan moralitas pada praktik berhukum di Indonesia. Hal ini dikarenakan bahwa realitas praktik berhukum saat ini didominasi oleh fenomena positivistik-legalistik yang mengutamakan teks tetapi menggelapkan makna moralitas dalam berhukum. Aspek moralitas dalam hukum seakan tenggelam dalam praktik hukum yang mendewakan tekstual undang-undang tetapi melalaikan esensi moral dalam undang-undang. Penelitian ini merupakan penelitian yuridis-normatif yang berorientasi pada koherensi antara asas-asas hukum yang bersumber pada moralitas dengan norma hukum serta praktik hukum di masyarakat. Kebaruan dari penelitian ini yaitu pembangunan moralitas dalam praktik negara hukum dengan mengedepankan dua aspek, yaitu aspek integrative mechanism dari Harry C. Bredemeier dengan hukum progresif dari Satjipto Rahardjo. Hasil dari penelitian ini menegaskan bahwa upaya membangun hukum tidak boleh melupakan aspek pembangunan moralitas. Simpulan dalam penelitian ini menegaskan bahwa, pembangunan hukum dan moralitas akan berjalan secara optimal dengan meneguhkan hukum sebagai integrative mechanism serta menerapkan hukum progresif sebagai solusi dalam menghadapi jagat kelesuan berhukum bangsa Indonesia.

INTERNATIONAL EXPERIENCE IN COORDINATING THE ACTION OF LAW ENFORCEMENT AGENCIES

2022 ◽  
Author(s):  
Sergii Melnyk ◽  
◽  
Alina Ignatievа ◽  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Rule Of Law ◽  
Justice System ◽  
International Experience ◽  
International Treaties ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Legal Enforcement

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

The state of emergency in the Weimar Republic Legal disputes over Article 48 of the Weimar Constitution

2010 ◽  
Vol 78 (1-2) ◽  
pp. 135-158 ◽  
Author(s):  
Marc de Wilde
Keyword(s):  
Rule Of Law ◽  
Weimar Republic ◽  
The State ◽  
Legal Positivism ◽  
Carl Schmitt ◽  
Annual Conference ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Legal Norms

AbstractThe article analyzes the debate on 'constitutional dictatorship' that took place at the first annual conference of the Association of German Constitutional Lawyers in Jena in 1924. In their keynote lectures, Carl Schmitt and Erwin Jacobi argued that Article 48 of the Weimar Constitution authorized the President of the Reich to derogate from the rule-of-law provisions of the constitution if this was necessary to save its 'political substance'. Advocating a 'doctrine of derogation', they implicitly criticized one of the main methodological assumptions of legal positivism, i.e., that legal norms and politics, law and power, had to remain strictly separated. They thereby set the stage for the emerging 'conflict of methods and directions' that was to haunt German jurisprudence in subsequent years.

Features of Modern Lithuanian Society’s Legal Identity Development: from Closed to Holed Society

2018 ◽  
Vol 26 (26) ◽  
pp. 62-99
Author(s):  
Vytautas Šlapkauskas
Keyword(s):  
Identity Development ◽  
Rule Of Law ◽  
Free Market ◽  
Soviet Society ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Short Period ◽  
Legal Identity ◽  
The Republic ◽  
Western Civilisation

During the last three decades, few essential transformations of Lithuanian society took place – from a closed (according to the terminology of H. Bergman and K. Popper) soviet society during a short period of open society functioning it evolved into a holed (according to P. Aleksandravičius) society. The Republic of Lithuania becoming the rule of law and creation of liberal democracy was a favourable context of the transformations mentioned. These transformations were ensured not only by establishment of free market economy but also by corresponding legislation and implementation of legal norms. The article analyses inter-directional methodological possibilities to reveal a legal identity of Lithuanian society. Creation of such possibilities is based on three ideas of Western civilisation: 1. The idea of compliance with the rules of common or social (now – public) behaviour. 2. The idea of legitimate powers of sovereign to create common (social or public) behaviour rules and to organize and control their implementation. It evolved into the idea of the rule of law. 3. The idea of natural rights and freedom. It evolved into the protection of human rights and freedom. Based on these ideas and analysis of peculiarities of the process of the Republic of Lithuania becoming the rule of law, there are justified five stages of Lithuanian society’s legal identity development.

The Chinese Legal System: Continuing Commitment to the Primacy of State Power

1999 ◽  
Vol 159 ◽  
pp. 673-683 ◽  
Author(s):  
Pitman B. Potter
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
50Th Anniversary ◽  
State Power ◽  
Legal Requirements ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Policy Goals ◽  
Political Relationships

On the 50th anniversary of the founding of the PRC, the legal system plays an increasingly significant role in social, economic and even political relationships. Legal norms drawn largely from foreign experiences have been selected and applied through a plethora of newly established institutions. The role of law as a basis for government authority has become a legitimate and significant issue in the broader political discourse. Despite these achievements, law in China remains dependent on the regime's policy goals. Particularly where political prerogatives are at stake, legal requirements appear to pose little restraint on state power. In this sense, the ten years that have passed since Tiananmen appear to have had little impact on the willingness of the party-state to dispense with legal requirements in pursuit of political expediency. If we are to rely upon Dicey's dictum on the rule of law being in effect when the state becomes just another actor, the rule of law in China still seems a distant prospect indeed.

scholarly journals Legal Pluralism and the Rule of Law in Timor Leste

2006 ◽  
Vol 19 (2) ◽  
pp. 305-337 ◽  
Author(s):  
LAURA GRENFELL
Keyword(s):  
Rule Of Law ◽  
Legal Pluralism ◽  
The State ◽  
East Timor ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Informal System ◽  
Transitional Countries ◽  
Timor Leste

Many transitional countries face the problem of establishing the rule of law in a weak justice sector where a gulf separates local legal norms from national, constitutional norms that are drawn largely from the international sphere. As a case study of East Timor this article challenges simplistic positivist notions about the normative hierarchy of laws within a constitutionally bounded polity. It argues that in transitional countries such as East Timor legal pluralism is important but must be properly tuned to serve the rule of law. Legal pluralism poses certain dangers when it operates without any of the checks or balances that ensure accountability and the promotion of constitutional values such as equality. The rule of law is not served by an informal system where there are no formal avenues of appeal and thus minimal accountability and transparency. A more promising version of legal pluralism that comports with the rule of law is one that empowers the state to monitor local decisions to ensure that they observe the norms set out in East Timor's Constitution.

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