scholarly journals Doctrinal documents and doctrinal legal acts: theoretical and methodological analysis of content and correlation of concepts

2020 ◽  
Vol 11 (11) ◽  
pp. 245-250
Author(s):  
Ternavska V. M.
Keyword(s):  
Law Enforcement ◽  
The State ◽  
International Standards ◽  
General Nature ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Leading Role ◽  
Source Form ◽  
Conceptual Foundations ◽  
Law Making

The article is devoted to the study of the essence of legal doctrine and its role in forming the legal policy of the state. Legal doctrine as a system of dominant perceptions of law in society plays a multifunctional role in the legal life of society: transforming qualitatively positive social and professional sense of justice, legal doctrine contributes to the formation of the foundations of law-making and to improving the practice of law-enforcement and law-implementation. In Ukraine legal doctrine is not officially recognized as the source (form) of law. At the same time, modern European integration processes actualize the issue of need to rethink the essence and purpose of the legal doctrine, its role in the law-making process of the Ukrainian state, since the concept of human-centrism, which occupies a chief place in the European doctrine of law, encourages the Ukrainian authorities not only to reform national legislation according to the European and international standards, but also to fill the laws and other legal acts with new content. Therefore, the author puts the aim to substantiate the importance of legal doctrine that forms the Ukraine’s legal policy, because this issue has not only theoretical but also applied character. The content of such categories as “doctrinal documents” and “doctrinal legal acts” are analyzed in the context of their common and distinctive features, as well as their role in forming and implementing the state’s legal policy. It is noted that the legal doctrine, produced by scientific collectives, acquires the form of doctrinal documents – concepts and doctrines, which play a leading role in forming the bases of law-making and improving law-enforcement practice. Doctrinal documents should form the conceptual foundations for the development of legislation, and therefore, being approved by the authorities, they are transformed into doctrinal legal acts and attain binding nature. There defined doctrinal documents as a form of legal policy, while doctrinal legal acts are the means of legal policy. Doctrinal acts include norms-principles, norms-goals, norms-definitions and other norms of a general nature, which determine the actual problems in a certain sphere of public administration and propose a set of measures needed to solve these issues in the future. Doctrinal legal acts contain conceptual scientifically substantiated provisions that serve as the basis for the development and adoption of specific normative legal acts of a regulatory nature for reforming relevant sectors of the economy. Practical problems of implementing the majority of doctrinal legal acts are noted. It is proposed to solve the problem of legalization of doctrinal legal acts by defining their hierarchical place in the system of normative legal acts due to adopting the long-awaited Law of Ukraine “On Normative Legal Acts”. Keywords: legal policy of the state, legal doctrine, doctrinal documents, doctrinal legal acts, means of realization of legal policy.

scholarly journals Environmental and legal policy: modern approaches to formation

2021 ◽  
Vol 1 (19) ◽  
pp. 3
Author(s):  
Anatolii P. Getman ◽  
Anna Anisimova
Keyword(s):  
Environmental Policy ◽  
Mutual Influence ◽  
Environmental Law ◽  
Necessary Condition ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Road Map ◽  
Current State ◽  
The Law ◽  
Law Making

The article considers environmental law policy as a component, an independent type of national legal policy, as well as state and sectoral environmental policy. The existence of correlative, mutual influence of ecological and legal doctrine on formation of the corresponding policy is proved. It is substantiated that the ecological and legal legal doctrine significantly influences the current state of the state ecological policy (and this influence is mutual), formation of the ecological legislation and integration of Ukraine into the European legal space. It was stated that Ukraine first of all needs to intensify law-making, modernize the provisions of the environmental and legal doctrine, based on the concepts of which will be revised, updated provisions of public policy, legal understanding, and hence law enforcement. Further institutionalization of the basic provisions of the ecological and legal doctrine in the legislation becomes a necessary condition for the further development of law-making and statehood. It is emphasized that the use of environmental and legal doctrine will speed up the law-making process, in particular due to the adaptation of regulations to European standards; formulate legislative definitions that will gradually become an important part of environmental regulations; develop a "road map" for the development of environmental policy and legislation, etc. It is emphasized that the current state of the legal system requires a fuller use of the law-making potential of environmental law doctrine and the implementation of its main functions - stabilizing, guiding, heuristic, rule-making, evaluative and prognostic. Therefore, it is expedient to apply the ecological and legal doctrine as a methodological platform of the ecological and legal policy. The necessity of developing concepts of systematization of the ecological legislation, and also legal policy is proved.

scholarly journals PECULIARITIES OF INTERACTION WITH SPECIAL BODIES, SERVICES AND SUBSIDIES IN THE FIELD OF PROVIDING CYBER SECURITY

2019 ◽  
pp. 51-55
Author(s):  
L. Yu. Veselova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Information And Communication Technologies ◽  
Cyber Security ◽  
Rapid Development ◽  
The State ◽  
International Standards ◽  
Starting Point ◽  
Target Program ◽  
Information And Communication

The article analyzes the peculiarities of the interaction of special bodies, services and units in the field of cybersecurity. The specificityof information resources in the cybernetic space, which manifests itself in the rapid development of information and information and communication technologies, is singled out. The problem of national security is multifaceted, one of the most important areas of its support is the creation of an effective law enforcement system that can withstand negative trends in the administrative and legal sphere of public relations. Also, noting the importance of the aforementioned problematic issue, a set of tasks related to ensuring cyber security was identified, with the definition of the role and place in this process of administrative and legal means of regulation. The primary task of all branches of state power at the present stage of the development of the information society is formulated, which consists in the introduction and implementation of mechanisms for generating adopted decisions in the field of cyber security. The adoption of the State Target Program for the Cyber security of Ukraine, which will serve as a starting point for the real interaction of the subjects of the cyber security of Ukraine, is proposed. The peculiarities of the State Target Program for Cyber security of Ukraine, which consist in determining the specific areas of the state policy on counteraction to cyber threats, are characterized, the main among which should be a conceptual change in the philosophy of administration in the field of cyber security, from coordination of activities of public authorities and law enforcement agencies to the operational management of them; the development of public-private partnerships, in terms of giving private business and the public real leverage on the state of cyber security. The article focuses on the aforementioned direction, which can be implemented by the inclusion of cybersecurity entities by public institutions and independent experts; implementation of business projects in the direction of modernization of information and information and communication infrastructure to the level of international standards; implementation of measures aimed at increasing the literacy of cyber-citizens at all levels of education.

scholarly journals ANTI-CORRUPTION IN POLICE BODIES OF THE RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY

2017 ◽  
pp. 122-128
Author(s):  
Денис Печегин ◽  
Denis Pechegin ◽  
Евгения Прохорова ◽  
Evgeniya Prohorova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
The State ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Doctrine ◽  
Effective System ◽  
The Russian Federation ◽  
The Individual

The police as a law enforcement body of a specific state was created to perform a variety of tasks in order to maintain the law and order in society, to ensure the security of the state, its citizens. In accordance with the role of the police in the legal doctrine of different countries (Germany, France, England, etc.), in due time, there were even separate schools to study this institution. The police are also one of the subjects of anti-corruption. Nevertheless, this does not mean that corruption cannot exist in the ranks of the police. Despite the general increase in confidence in the police and their employees, noted by the All-Russia centre of studying of public opinion over the last few years in the Russian Federation, today the efforts to combat corruption need to be undertaken not only outside, but also within the police departments themselves. It is obvious that corrupt law enforcement bodies are not able to perform effectively and qualitatively their tasks, and this fast poses a real threat to the state, society and the individual. Thus, the task of improving the complex of anti-corruption measures in the police bodies is becoming more urgent. The article presents a comparative legal analysis of anti-corruption in the police bodies of Russia and Germany in modern conditions. The measures of influence are defined, as well as the forms of interaction of law enforcement agencies in the fight against this negative social phenomenon. The authors come to conclusion that the effective system of anti-corruption in police facilitates not only by the system of legislative sanctions adopted in the state, but also by the qualitative implementation of the state’s social policy with regard to civil servants.

scholarly journals PUBLIC ADMINISTRATION IN DEVELOPMENT OF THE PROCEDURE OF THE SECURING A CLAIM

2020 ◽  
Vol 6 ◽  
pp. 635
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Public Administration ◽  
Civil Procedure ◽  
The State ◽  
Policy Planning ◽  
Induction Method ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Systematic Improvement ◽  
The Republic

The Ministry of Justice of the Republic of Latvia is a leading public administration in the justice sectors and plays an important role in the development of the procedure of the securing a claim. Topicality and novelty of the research are reflected in the fact that until now in the legal doctrine weren’t made depth and extensive researches of the role of public administration in solving problems of the securing a claim. The aim of the research is to carry out an assessment of the activities of the Ministry of Justice in the development of the securing a claim. In the present research, using the analytical, descriptive and deduction/induction method, were analysed the normative acts, legal policy planning documents, annotations of draft amendments to the Civil Procedure Law, etc. Results: actions of the Ministry of Justice to develop the securing a claim sometimes are chaotic. Conclusions: in order to achieve the defined objectives of the institute of the securing a claim, the state should pay attention to the systematic improvement of current civil procedural regulation. 

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.

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.

Ensuring human rights in activities of law enforcement agencies

2017 ◽  
Author(s):  
Альфия Акмалова ◽  
Alfiya Akmalova ◽  
Владимир Капицын ◽  
Vladimir Kapitsyn
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
The State ◽  
International Standards ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
National Legislation ◽  
The Law ◽  
The Individual

In the textbook on the basis of consideration of international standards and national legislation in the field of the rights and freedoms of the individual are considered main mechanisms of their law-enforcement agencies. Special attention is paid to the analysis of the requirements to the law enforcement practice of public authorities concerning the rights of separate categories of citizens. The tutorial is intended for professionals studying in the direction of training "law Enforcement" and anyone involved in human rights activities, asked about the situation of the individual in society and the state.

scholarly journals Legal doctrine of yak dzherelo rights to freedom of creativity

2020 ◽  
Vol 11 (11) ◽  
pp. 190-196
Author(s):  
Opolska N. M.
Keyword(s):  
The State ◽  
Freedom Of Information ◽  
Primary Role ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Legal Duty ◽  
Creative Self ◽  
The Right ◽  
Self Learning ◽  
Law Making

The article has been informed that the doctrine of the right to legalize the primary role in establishing and developing conceptual ambushes for the Institute for Freedom of Creativity. It has been established that scholarship between science and doctrinal attainment is important and important — that is, more often than not, the recognition of freedom of information, as well as practical powers of freedom of creativity. The doctrine of law, based on the power of the key concept of the concept of the right to freedom of creativity, is justified, but not less, to be overlooked by one of the discus- sive and superlative clowns. It is signified that the legal doctrine is based on a scientific position of an obscene nature, that we have rejected a legal notice on the side of science, suspense and power, and have the right to law-making and legal duty. It has been clarified that, as a lawless law, the legal doctrine will protect the synthesis of law, manifested gaps with the right, victorious with the sphere of law-making and dignity of the state, tendencies are also observed in the laws, with the doctrines being formed. The right of law has a legal doctrine with legal force in case of ruling, so that I accept. It has been clarified that the legal principles of doctrinal provisions are realized through the incorporation of legal categories and understand the theory and concept, and the forms of supremacy of legal doctrines. It has been established that the doctrine of ер dzherel law is officially formally significant in Ukraine. It was justified, calling for the legal doctrine to be adopted, introducing the term "doctrine" in the names of the president’s legal acts, the parliament, the state ordinance of the country, which are clearly indicated in the state mandates. These are based on a number of legal categories and understand the theory and concept, in terms of supremacy of legal doctrine and hidden in these areas of suspicion, in order to require a more complete reform. Legitimization of doctrinal position in the sphere of the right to freedom of creativity of the Bula was implemented by the National doctrine of development of the doctrine of informational security of Ukraine. Dzherelom of the right to freedom of creativity є The national doctrine of developing awareness in part of the development of minds for developing specialties and creative self-realization of the skin lesion of Ukraine, the development of creative health and self-learning. As a whole, it is conceptual to lay the foundation of the security of the right to freedom of creativity, even without developing creative interests in people, it is not necessary to have the right to freedom of creativity, the right to freedom of creativity will be in the area of declarativeness. Docity was brought forward from the perspectives of the farthest gains and growth from the whole directly formulate the doctrine of freedom of creativity and the legitimacy of the doctrinal position in these spheres. Keywords: Legal doctrine, the right to freedom of creativity, dzherela law.

scholarly journals Peranan Hukum Dalam Persepektif Filsafat Terhadap Pemberantasan Korupsi

2021 ◽  
pp. 145-153
Author(s):  
Nofil Gusfira ◽  
Abdul Hafiz
Keyword(s):  
Law Enforcement ◽  
Legal Policy ◽  
Enforcement Policy ◽  
Law Making

Tindak pidana korupsi bukan saja dapat dilihat dari perspektif hukum pidana, melainkan dapat dikaji dari dimensi lain, misalnya perspektif legal policy (law making policy dan law enforcement policy), Hak Asasi Manusia (HAM) maupun Hukum Administrasi Negara. Tindak pidana korupsi merupakan salah satu bagian dari hukum pidana khusus. Apabila dijabarkan, tindak pidana korupsi mempunyai spesifikasi tertentu yang berbeda dengan hukum pidana umum, seperti penyimpangan hukum acara dan materi yang diatur dimaksudkan menekan seminimal mungkin terjadinya kebocoran serta penyimpangan terhadap keuangan dan perekonomian negara.

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