scholarly journals Legal obligation as the legal value

2020 ◽  
pp. 43-47
Author(s):  
Tereziia Popovych
Keyword(s):  
Individual Behavior ◽  
The State ◽  
Legal Order ◽  
Legal Obligation ◽  
Law And Order ◽  
Order Model ◽  
Legal Science ◽  
Legal Obligations ◽  
Definition Of ◽  
The Individual

The article describes some aspects of understanding legal values and legal obligations in modern legal science.To achieve the goal of the study, the author envisaged the performing such tasks as: clarifying the understanding of legal valuesand legal obligations used by legal science; proving the possibility of recognizing a legal obligation as a legal value; formulation of theconcept of legal obligation as a legal value.The author traces the interrelation between legal values and the legal order, emphasizing that without legal values, the rule of lawis ineffective, in turn, – legal values outside the legal order have no practical content.Based on this, the author proposes his own definition of the concept of legal values as ideal legal entities and principles that determinea person’s perception of the importance of law, assessment of phenomena occurring in society through law, form a certain modelof legal person’s behavior and are designed to ensure legal order and discipline in society.Given this understanding of legal values, as well as the position of modern legal science on the essence of legal obligation, theauthor defines the concept of legal obligation as a legal value: this is a legal prescription which is formulated by the state as necessaryto ensure law and order model of individual behavior, established in order to maintain the proper functioning of society as a collectivewhole and to ensure the interests of all its members, and fulfilled on the basis of the perception of certain behavior as fair and sociallyappropriate. The author’s approach to the justification of a legal obligation as a legal value is proposed due to the following factors: theperson’s perception of the relevant behavior as necessary, fair, socially acceptable, which expresses a socially significant benchmark;the formulation by the state through the legal norm the socially significant behavior; realization through such behavior the human socialnature as a part of the collective whole; the implementation of the principle of interdependence and complementarity of the rights andobligations of the individual.

POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE

2021 ◽  
pp. 64-76
Author(s):  
Tatyana K. Ryabinina ◽  
◽  
Daria O. Chistilina ◽  
Keyword(s):  
Citizen Participation ◽  
Criminal Procedure ◽  
The State ◽  
Jury Trial ◽  
Criminal Proceedings ◽  
Strict Adherence ◽  
Jury Trials ◽  
Definition Of ◽  
The Individual

The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.

To the Issue of Bringing Legal Definitions in the Normative Legal Regulation of National Security and Its Individual Types into a Single System: Legal and Theoretical Dimension

2021 ◽  
Author(s):  
O.A. Kolotkina ◽  
Keyword(s):  
Strategic Planning ◽  
National Security ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
National Interests ◽  
Legal Space ◽  
Industry Affiliation ◽  
Definition Of ◽  
The Individual

The article deals with the issues related to the definition of the essence, role and meaning of legal definitions in the regulatory legal regulation of national security. The author emphasizes the uniqueness of the phenomenon of national security, which acts as a guarantor of ensuring the national interests of the state, society, and the individual and as a basis for the unhindered implementation of the strategic national priorities of the state. It is possible to ensure these interests and implement strategic priorities by creating an effective legal regulation that includes various legal means, as well as regulatory requirements. An important role in the regulatory legal regulation is played by legal definitions, which contain definitions of concepts that act as integral elements of the legal basis for ensuring national security. It is indicated that legal definitions of concepts are generally binding and contribute to the formation of a single legal space. It is stated that the current Federal Law «On Security» does not contain a legislative definition of key concepts in the field of national security. The article raises the problem of unification of the conceptual and categorical apparatus in the field of ensuring national security, through the adoption of fundamental documents of strategic planning. The author attempts to evaluate the legal definitions in the field under consideration in terms of their universality and industry affiliation, the problems of the completeness of their textual expression, as well as the state policy implemented in the field of national security. The author proposes the formulation of the concept «national security», which could become the basis for adjusting the legal definitions of certain types of national security, enshrined in legislative acts and strategic planning documents. The functions of legal definitions in the regulatory legal regulation of national security are identified and disclosed.

scholarly journals Scientific approaches to the system of concepts of "national security": international legal aspect

2020 ◽  
Vol 7 (12) ◽  
pp. 70-77
Author(s):  
А. Альван
Keyword(s):  
National Security ◽  
Legal Aspect ◽  
The State ◽  
Constitutional Rights ◽  
External Threats ◽  
Wide Range ◽  
Single Well ◽  
Definition Of ◽  
The Individual

Scientific approaches to the concept of "national security" are systematized in the article. The author substantiates that there are four main approaches to the concept of "national security". The first group - works devoted to the terminological characterization of national security. Another group - the authors define national security because of the state of protection of vital interests, the individual, society and the state against all kinds of threats. The third group is studies that analyze the types of national security, in particular: economic, environmental, financial, personnel, financial, social, etc. These characteristics reflect their socio-political nature, trace the unity of personal, public and state security, developing political and other processes. The fourth group of studies are those that pay attention to problems related to the correct use of the concept of "national security" and the possibility of its replacement. Fifth group - analyzes the interaction and correlation of threats and security.There is no single, well-defined definition of national security today. No matter what approach the authors use, there are different approaches, and in some cases, complications or simplifications of this category.In our opinion, national security should be understood as a state of protection of the individual, society and state against a wide range of internal and external threats, which ensure the realization of citizens' constitutional rights and freedoms, decent quality and standard of living, sovereignty, independence, state and territorial integrity. , sustainable socio-economic development of the state.

scholarly journals To the Question on the Nature of Military Threats and Non-Military Responses

2015 ◽  
pp. 133-142
Author(s):  
S. R. Tsyrendorzhjyev
Keyword(s):  
National Security ◽  
The State ◽  
Theory And Practice ◽  
Structural Elements ◽  
Common Task ◽  
Military Security ◽  
Definition Of ◽  
The Individual ◽  
The Military

The notion of "military danger, military threats, military and non-military measures to Parry, and other definitions from the policy of the State to ensure the military security of the now widely used in journalism, conceptual, other documents and research. The attentive reader it is not difficult to notice the ambiguity in the interpretation of these concepts. This makes it difficult to not only the perception of the relevant topics for ensuring military security publications, but also the development of the theory and practice of ensuring the defence and security of the State. The author's view on the essence of the reasoning logic of non-military measures to counter military threats, as the ultimate goal of the article is the following.First the task of analyzing the concept of "national security", "object of national security" and understand the functions of the State, society and the individual to ensure national security. Decomposition of an object of national security, which is "national property" (the content of the concepts described in the article) has made it possible to substantiate the basis for classification of national security threats and with better understanding of the nature, variety, Genesis. This provided a rationale for the role and the place of the tasks ensuring military security in the common task of ensuring national security, the correlation of military and non-military threats.The final phase of the research, the results of which are set out in the article is devoted to analysis of military threats, which made it possible to identify their main structural elements: source, media, military-political and strategic nature, install the main factors defining the content of these elements and their interaction. Based on these results, the proposed definition of the essence of non-military measures for counteracting of military threats, as well as guidelines for developing these measures.

scholarly journals PERCEPTION OF QUALITY OF LIFE AMONG COMMUNITY IN SELANGOR

2018 ◽  
Vol 16 (6) ◽  
Author(s):  
Nur Farhanah Rosli ◽  
Noor Suzilawati Rabe ◽  
Mariana Mohamed Osman
Keyword(s):  
Quality Of Life ◽  
Living Condition ◽  
The State ◽  
Living Standard ◽  
Individual Work ◽  
Level Of Satisfaction ◽  
Perception Of Quality ◽  
Definition Of ◽  
The Individual

The quality of life (QOL) is a subjective matter that has been diversely defined by scholars. Since 1930s researchers from various fields have expressed interests in the definition of QOL, including investigating and measuring QOL using different methods. Over the last four decades, Malaysia has made remarkable achievements regarding its economic growth as well as its socio-economic development. Numerous factors have been identified that may affect the quality of life of people according to their personal preferences. For example, the quality of the individual work as an engineer may differ with the quality of life of an individual work as a teacher. Nevertheless, how the individual itself measures the quality of life can be different between each other. Definitions of quality of life are as numerous and inconsistent as the methods of assessing it. This paper highlights the perception towards the quality of life for the community living in the state of Selangor. The objectives of this research are to identify the current living condition in Selangor and the level of satisfaction towards the living condition in the State. Data was obtaine through a questionnaire survey of 500 respondents living in Selangor. The outcome of the study indicates that the community in Selangor measured their quality of life differently based on their socio-economic background. Also, several indicators and action were highlighted by the community to be considered as part of the recommendation to improve the current living standard towards a better quality of life in Selangor.

Право на жизнь как ценность

2018 ◽  
Author(s):  
Анастасия Сергеевна Шабанова
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Health Protection ◽  
Personal Integrity ◽  
Right To Life ◽  
Legal Science ◽  
Definition Of ◽  
The Individual ◽  
The Right

The right to life is the highest value, is the basis of all other human rights and freedoms, but Russian legislation does not contain a definition of a person's life. In legal science, the right to life is interpreted as the right of the individual to freedom and personal integrity, health protection, reducing the problem to the abolition of the death penalty and euthanasia. The article deals with issues that are especially relevant in connection with the development of artificial methods of reproduction: from when does the right to life arise and whether the embryo has a legal value.

METHODOLOGICAL PARADIGM OF MODERN LEGAL SCIENCE IN UKRAINE

2020 ◽  
Vol 10 (4) ◽  
pp. 12-20
Author(s):  
Vladimir Yashchenko ◽  
◽  
Olha Balynska ◽  
Keyword(s):  
Law Enforcement ◽  
General Theory ◽  
Social Relations ◽  
Positive Law ◽  
Legal Science ◽  
The Will ◽  
Definition Of ◽  
The Individual ◽  
The Relationship ◽  
Interacting Components

The leading idea of the article is the application of the most appropriate methodology for disclosing the essence and content of law, its origin, evolution, contradictions and their coordination in the context of the relationship between natural and positive law, social and individual paradigms, in particular, in the context of nationalizing the individual, and, on the contrary, individualizing the collective in a wide humanistic plane. This aspect synthesizes approaches to the disclosure of individual and collective through the categories of �self�, where dialectical, phenomenological, existential and other approaches are qualified as communicative and dialogic paradigm, which today finds its practical embodiment in lawmaking and law enforcement. Feeling the controversy of these views, the authors emphasize the deepening of the humanistic content of the legal regulator of social relations. Domestic modern legal science in its development should focus on deepening the humanistic content of the normative regulation of social relations. This actualizes the need to solve such scientific problems as the methodology of research and functioning of law, achieving a harmonious relationship between individual and collective in law, the connection of its natural and positive aspects, etc. A fundamentally new definition of the essence of law is proposed, not as the will of a certain class or majority, but as the will to self-existence, which is expressed in the phenomenon of self as a harmonious synthesis of individual and social. In this context, to investigate the legal phenomena dialectics can be effectively used not as a materialistic or idealistic methodology, but as the most general theory and way of ascending to the truth. After all, opposites in law are not necessarily antipodes, but can act as interacting components of legal reality

scholarly journals Transformation of the concept of state security

Legal Ukraine ◽  
2020 ◽  
pp. 12-23
Author(s):  
Serhii Hordiienko
Keyword(s):  
National Security ◽  
Political Power ◽  
Negative Impact ◽  
The State ◽  
State Security ◽  
Political Sovereignty ◽  
Qualitative State ◽  
Definition Of ◽  
The Individual ◽  
Political Economic

The paper considers the genesis of the theory of the concept of state security in Ukraine, its legal dimension, the definition of a set of state bodies, each of which has its own competence. Based on the fact that the most acceptable definition of the state is its definition as an organization of political power, it is noted that the security of the state as a system of political power in Ukraine depends on its political, economic, scientific and scientific-technological components. The author notes that the term «state security» is defined as a qualitatively defined by law state of functioning of the state as a political institution of power, which is achieved by predicting, preventing, detecting and minimizing the negative impact of existing and likely threats to the main features of the state, sovereignty, monetary and tax systems) and allows the state to effectively implement its social purpose to ensure the further development of the individual (citizen), society and the state. Thus, the hypothesis that the security of the state as an apparatus of power and management is provided by a large number of its bodies, each of which has its own competence, finds its preliminary confirmation. In the future, the author substantiates this in more detail on the example of other theoretical developments and existing legislation. Key words: national security, components of national security, threats to national security of Ukraine, qualitative state of state security, rules of definitions, state security and state security, security of state-political, constitutionally legitimized political system of state, security of state formation and constructive policy, political sovereignty, territorial integrity of Ukraine and inviolability of its borders, security of institutions of state power, security of national-state interests in the sphere of economy.

scholarly journals CURRENT PROBLEM ISSUES OF FORMATION OF LEGAL CULTURE OF LAWYER

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Valeriy P. Petkov ◽  
Keyword(s):  
Training Model ◽  
Legal Culture ◽  
Professional Culture ◽  
The State ◽  
Professional Activities ◽  
State Process ◽  
Legal Science ◽  
Successful Solution ◽  
The Individual ◽  
High Level

The article outlines the problems of forming the legal culture of a lawyer, as an urgent requirement of the present, since the professional principles of lawyers must meet the highest moral values of society, and reliably defend the violated right, the successful solution of urgent problems of the state process directly depends on their professionalism. The level of development of any legal culture of society reflects the general conditions of legal consciousnesses, which are manifested through the implementation of legal activity, legal behavior. Today in Ukraine a high level of legal culture is not observed only among the ordinary citizen, but quite often it is not enough even for legislators, political leaders, heads of public organizations. It was found that the legal culture of a lawyer combines knowledge of legislation and the possibilities of legal science, the conviction of the necessity and social usefulness of laws and regulations, the ability to use legal instruments � laws and other legal acts in everyday activities, to resort to the use of all the achievements of legal science and practice when making and the design of solutions. The necessity is theoretically substantiated: to define a model of a specialist-lawyer and, as its component, a personality model and a training model. The specialist model must meet the requirements of the legal professional of the future; systematization and structuring of education not only by the level of education, but also by branches of law. The standard of legal education, the curricula of higher and secondary educational institutions should be optimized in terms of the structure and content of the relevant branch of law; when training law managers, it is necessary to take into account the shift in the meaning and goals of education towards the idea of self-expression and full disclosure of the capabilities and abilities of the individual; the paradigm shift of education from �education for life� to �education throughout life�. Thus, a law graduate must have professional knowledge, be convinced of their social feasibility and usefulness, be able to apply them in their professional activities, and strive for continuous self-improvement, because a high level of professional culture of a lawyer is an urgent requirement today. Because the professional culture of legal professionals directly affects the successful solution of pressing problems of the state-building process.

scholarly journals Financial security of the individual as a constituent of improving remuneration at the enterprise

2019 ◽  
pp. 79-89
Author(s):  
Nadiia Kalinichuk
Keyword(s):  
Low Income ◽  
The State ◽  
Standard Of Living ◽  
Financial Security ◽  
Subsistence Level ◽  
Income Source ◽  
Tax Rate ◽  
Definition Of ◽  
The Individual ◽  
Security Indicators

Introduction. Remuneration is a determinant of raising the standard of living of employees, their purchasing power, and, consequently, economic progress in general. Therefore, improving the mechanism of its formation is a problem for the activity of both economic entities and the state. Purpose. The purpose of the article is to find ways to improve the formation of payments at the enterprise. Methods. Methods of abstraction, analysis, idealization, systematization, institutional analysis were used. Results. The article analyzes the financial security indicators of a person, namely the amount of remuneration (determines the quantity and quality of goods that can be purchased), the savings of the employee (their availability and the amount that indicates the remaining funds after spending on their needs), structure income (as an indicator that the employee does not need to look for extra work), the structure of costs (the low share of wages is indicated by the low share of education costs, satisfaction of cultural needs). The article identifies its major threats. These include the tax burden (no progressive income tax rate, which causes the budget to be filled by low-income people), the mechanism of the subsistence level (set of consumer basket, determining its value), unemployment (loss of income source (low), poor) a wage level below the subsistence level). It is emphasized that wages are not only an element of costs that should be minimized, but also their importance for the standard of living of the employee, the development of the enterprise and the state as a whole. The directions of optimization of the mechanism of formation of remuneration at enterprises with the consideration of raising the standard of living have been determined. Discussion. When determining the amount of remuneration, consider such an indicator as a person’s financial security (PFS). We include factors that influence its functioning, entities and objects, the structure of the PFS security mechanism, the definition of its purpose, objectives, principles on which it will be built, as well as the interaction of the organizational and security mechanisms.

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