scholarly journals Lawful behavior as a substantive basis of law and order

2021 ◽  
pp. 58-61
Author(s):  
Sergey Sumenkov
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Real Life ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Real

The article highlights the basics of law and order. It is noted that the rule of law is based primarily on the lawful behavior of the subjects of social relations. Lawful behavior embodies the real embodiment of the rule of law and, as a result, implies the rule of law as a result. Lawful behavior serves as the actual basis of law and order, since it is lawfulness that entails a state of orderliness in real life.

scholarly journals Normative-Instrumental Law-Order Constant

2019 ◽  
pp. 395-403
Author(s):  
Olga GANCHUK
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Social Life ◽  
Legal Regulation ◽  
Legal Regulations ◽  
Law And Order ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Positive Law ◽  
Dialectical Approach

The article updates the normative and instrumental component as a permanent basis for the sustainable concept of law and order. In this case, the rule of law is defined as a state of ordering social relations based on law; as an objectively and subjectively established state of social life, based on the regulatory needs, principles of law, and on the democratic needs, rights and obligations, freedom and responsibility of all subjects of law. The constant and permanent basis of law and order is the sphere of implementation of legal regulations. The sphere of the legal order is the sphere of the legislation. A prerequisite for the existence of law and order in society is the proper exercise of rights and obligations by all legal entities, which, in turn, requires clear legal regulations, predictability and stability of legal regulation. The unambiguous and relatively stable meaning of the concepts used in the legislation should facilitate the effective realization of the rights and duties of the person, and provide the possibility of foreseeing the legal consequences of her actions. Legal rules should be clearly and unambiguously formulated to prevent the possibility of arbitrariness in the enforcement process. However, when using the dialectical approach, the article draws attention to the fact that in some cases the excessive detail of the legal regulation, associated with it the possibility of incompatibility of legislation with the level of development of social relations, its obsolescence and static, can be a source of violation of human rights and, accordingly, a factor that adversely affects the state of law and order in society. Recognizing the rule of law as the ultimate result of the action of positive law, the author emphasizes that its achievement in a modern self-organized society inevitably involves a reasonable combination of both normative and non-normative regulation (carried out on the basis of values formed in society). It is within the reconciliation of normative and non-normative, positive law and order are judged and qualified as meeting the requirements of due diligence - fair or unfair, timely or untimely, appropriate or impractical, nominal or real, progressive or reactionary, etc.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

APPLICATION OF THE RULE OF LAW IN JUDICIAL PRACTICE

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Political Power ◽  
Early Stage ◽  
The State ◽  
Broad Sense ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Judicial Practice

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.

scholarly journals Correlation of Law and Order in Society

2020 ◽  
Vol 37 (64) ◽  
pp. 53-61
Author(s):  
Gabdrakhman H. Valiev ◽  
Sergey V. Kondratyuk ◽  
Natalia A. Prodanova ◽  
Irina A. Babalikova ◽  
Kermen I. Makaeva ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Modern Society ◽  
Legal Regulation ◽  
Law And Order ◽  
The Rule Of Law ◽  
Human Rights Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Concrete Reality

The problem of the relationship of law and order is relevant to any modern society. The article tries to analyze this relationship, taking into account judicial, police and other activities. The named concepts are closely interconnected, but are not identical. They are correlated as cause and effect: there is a rule of law, there is no rule of law. One suggests the other. The rule of law as concrete reality logically precedes the rule of law as a doctrine, the connection here is hard, causal. The process is one. Law and order: a real indicator of the state of legality, reflects the degree of compliance with the laws, the requirements of all legal regulations. It is concluded that the rule of law is the end result of the implementation of legal requirements and, at the same time, the objective of legal regulation, since it is for the formation and maintenance of the rule of law that laws are issued, thus like other regulatory legal acts, various institutions and bodies and, above all, the justice system, the control system, various human rights organizations and social movements.

The Politics of Public Order, 1795–1802

2014 ◽  
Author(s):  
Howard G. Brown
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Liberal Democracy ◽  
Public Order ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Road ◽  
Basic Law ◽  
National Convention ◽  
New System

The Thermidorian National Convention, despite some efforts at ‘transitional justice’, failed to master the legacies of the Terror. Therefore, the fledgling regime needed to impose the new republican political order while also restoring basic law and order—two tightly entwined tasks. The Constitution of 1795 articulated a liberal democracy based on the rule of law, but political instability and endemic lawlessness led first to multiple violations of the constitution, especially in the wake of elections, and a steady shift from democratic republicanism toward ‘liberal authoritarianism’. This shift received added impetus during waves of repression intended to restore order on strictly republican terms. The result was the creation a new ‘security state’, one that combined coercive policing, administrative surveillance, exceptional justice, and militarized repression. The emergence of the new system helped to restore order, and thereby to legitimize the Consulate, but it also paved the road to personal dictatorship in 1802.

El delito de lavado de dinero

2021 ◽  
pp. 54-66
Author(s):  
Argus Ariel Gómez Mendiola
Keyword(s):  
Money Laundering ◽  
Rule Of Law ◽  
Organized Crime ◽  
Global Perspective ◽  
Financial Systems ◽  
The Rule Of Law ◽  
The Real

The aim of this essay is to present a brief introduction to the crime of money laundering, starting from its conceptualization as well as the purpose sought by the mechanisms that are implemented to operate the resources of illicit origin. A mention is made of the origin of the term ""money laundering"" and why the term money is used specifically. Organized crime mainly integrates the great fluxes of illicit capital it generates into the financial systems of various countries, with the aim of laundering money in its different stages. This, however, impacts different activities of countries and societies in general. The phenomenon of money laundering must be focused from a wide and global perspective to appreciate the real magnitude of the problem, since it undermines the rule of law, therefore have been detected some activities that are particularly vulnerable to being carried out to money laundering, which are being controlled more severely to stop the flux of this type of capital.

The General doctrine of the legal order. The rise of law and order

2019 ◽  
Author(s):  
Николай Черногор ◽  
Nikolay Chernogor ◽  
Дмитрий Пашенцев ◽  
Dmitriy Pashentsev ◽  
Максим Залоило ◽  
...  
Keyword(s):  
Graduate Students ◽  
Social Integration ◽  
Detailed Analysis ◽  
Rule Of Law ◽  
Legal Order ◽  
Law And Order ◽  
The Rule Of Law ◽  
New Type ◽  
Normative Foundations

The monograph opens a series of studies, which set out the General doctrine of the rule of law. The first book is devoted to the Genesis of the legal order, its foundations and properties. The rule of law is regarded as a civilizational phenomenon and its evolution is characterized in the context of a combination of different principles and interests, social integration and differentiation, legality and justice, sustainability and its weakening. The socio-economic, intellectual-volitional, subject-institutional, normative foundations of law and order are revealed, its new typology is proposed, a detailed analysis of the archaic, traditional and modern law and order is given, the preconditions are shown and the forecast of its new type formation is presented. For researchers, legal practitioners, employees of state and municipal authorities, teachers, graduate students.

scholarly journals Safeguarding the Rule of Law within the EU: Lessons from the Polish Experience

European View ◽  
2017 ◽  
Vol 16 (2) ◽  
pp. 281-291 ◽  
Author(s):  
Konrad Niklewicz
Keyword(s):  
Rule Of Law ◽  
Real Life ◽  
Protective Mechanisms ◽  
Current Form ◽  
The Rule Of Law ◽  
Polish Experience ◽  
Law And Justice ◽  
Polish Government ◽  
First Time ◽  
Fundamental Values

The rule-of-law procedure against Poland, opened in January 2016, has painfully tested the safeguards supposed to protect the EU's fundamental values. It is now obvious that the protective mechanisms need to be strengthened. For in their current form, tested in real life for the first time, they have not dissuaded the present Polish government, led by the nationalist Law and Justice party (Prawo i Sprawiedliwość, PiS), from seriously and continuously breaching the rules. All interested EU parties—that is, willing member states and institutions—should acknowledge this and start preparing modifications both to Article 7 of the Treaty on European Union, which includes a sanction mechanism, and to the European Commission's Rule of Law Framework, so that the EU's internal defences are strengthened for future needs.

scholarly journals Formation’s Principles of the Judiciary of Ukraine

2021 ◽  
Vol 7 (6) ◽  
pp. 1001-1009
Author(s):  
Vitaliy Hudyma
Keyword(s):  
Rule Of Law ◽  
Professional Competence ◽  
Political Influence ◽  
The Political ◽  
Law And Order ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Supreme Council ◽  
The Status ◽  
Definition Of

The article reveals and researches the basic principles of the formation of the judiciary in Ukraine. It is established that judicial corps should be understood as an appropriate number of civil servants who hold the relevant positions as judges in the judicial bodies of Ukraine. It has been proved that judges make universally binding decisions, which determine, for example, other processes of maintaining law and order in the state. It is determined that the legislation lacks a clear definition of the term “judiciary” and lacks the primary grounds and principles by which the process of formation of the judicial corps in Ukraine should take place. It is established that the principles of formation of the judiciary in Ukraine should be based on the requirements for candidates for the position of judges, which are defined by Article 69, “Requirements for candidates for the position of the judge” of the Law of Ukraine “On Judiciary and the Status of Judges”. It is proved that one of the components of the procedure for the formation of the judiciary in Ukraine is the qualification assessment of candidates for the position of judges. It was found out that the qualification assessment of judges by the criterion of professional competence should be based on the principle of specialization and instance. It is established that the main principles based on which the appointment of judges-candidates for the positions of members of the Supreme Council of Justice are: the principle of the rule of law; the principle of professionalism; the principle of publicity; the principle of political neutrality. It is determined that one of the critical principles of formation of the judiciary in Ukraine should be the principle of non-political influence, namely its essence is revealed in the fact that entities that will participate both directly and indirectly in the formation of the judiciary should not, in any case, have any relation to the political sphere. It is noted that the prospects for further research in this area are the study of the holistic system and features of the formation of the judiciary in Ukraine.

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