scholarly journals The principle of legality in the activities of the police during the use of technical means of recording administrative offenses

2020 ◽  
pp. 208-213
Author(s):  
Yevhen Bakutin
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Legal Consciousness ◽  
Basic Principles ◽  
Legal Norms ◽  
Legal Principles ◽  
The Social ◽  
Preservation Of Evidence ◽  
Principle Of Legality

The article covers the analysis of the basic legal principles, in particular the principle – legality. In modern conditions, lawenforcement police cannot be successfully carried out without proper application of advances in science and technology. The role andpurpose of science – the search for problem areas, their research and suggestions for ways to eliminate shortcomings and areas forimprovement. Among the basic principles that contribute to the quality implementation, development and use of technical means are:legality; efficiency; ethics; scientificity; security; preservation of evidence, etc.In the context of understanding principles, it is a means to ensure the integrity of the legal system and the effectiveness of law asa social regulator. Considering the scope of the use of technical means for fixing offenses, the principles that are specified to this objectof legal regulation, can contribute to the effectiveness of police law. Effectiveness in this sense is considered as a resultant influence ofthe law with the achievement of the most expedient for society and the state of results.The main features of the principles: objectively predetermined by the social environment, the nature of social relations and havea reverse effect on them; is an ideological creature, the result of the development of the legal consciousness of society, and at the sametime aimed at promoting the growth of the legal consciousness of society, its culture; is an ideological basis for objective law, expresslyexpresses the laws of its development, essence and social purpose; describe (specify) the established right, make uniformity in the systemof legal norms; serve as the basic principles of legal regulation of social relations, provide coherence to all of its mechanism, actas guidelines for the formation and improvement of the legal system, its framework, support, reflect the objectively existing tiesbetween the elements of the legal system and the social system; accumulate world experience in the development of law, embody democraticand humanistic traditions and at the same time constitute the legal values that are part of the world legal treasury.

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

scholarly journals Prohibitions in the Social and Legal Regulation: an International Aspect

2019 ◽  
pp. 2230-2240
Author(s):  
Aleksandr V. Mal’ko ◽  
Veronika S. Khizhniak
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Effective Mechanism ◽  
Basic Principles ◽  
Legal Norms ◽  
Effective Implementation ◽  
The Social ◽  
Legal Mechanism

This work is focused on the problems arising in imposing prohibitions in international relations; the authors identify the main legal and social aspects hindering creation of effective mechanism for implementing prohibitions in international relations and enlist possible ways of eliminating the possible problems. The analysis of the international legal norms of institutionalizing prohibitions and practices of their implementation revealed that an effective implementation of prohibitions is often associated with the need to amend national legislation, as well as with the presence of Russia’s own legal norms that make it possible to apply the norms of international law in the state directly, or to apply them jointly with the norms of the national law. The absence of a universal international instrument governing the responsibility of states for breaching legal prohibitions makes it difficult to implement these prohibitions and comply with them, although states may follow the rules of the “Draft Articles on Responsibility of States for Internationally Wrongful Acts” as a document stating moral (political) prescriptions. The main problems cumbering the development of an effective mechanism for implementation of prohibitions are the following: the absence of agreed international and domestic legal mechanisms for implementation of prohibitions; the reluctance of states to bear responsibilities; the attempts to mitigate the prosecution of citizens, especially officials; and failures to take adequate legal measures for resolving the problem. The authors necessitate adoption of documents that could regulate the issues of international legal responsibility, though in a unipolar world it is very problematic and can even aggravate the situation. The mechanism developed under such conditions can reflect the position of only one state and therefore can result in consolidating an undesirable hierarchy of states in international relations. An effective legal mechanism of responsibility for the violation of prohibitions in international relations can arise only in a multipolar world. It is also necessary to abide the basic principles of international law, to strengthen international cooperation and improve the mechanisms of international legal regulation. These efforts also call forth the establishment of a multipolar world

scholarly journals Monopoly of legal provisions

2021 ◽  
Vol 108 ◽  
pp. 01007
Author(s):  
Anna Konstantinovna Sheremetyeva ◽  
Zoya Fedorovna Sofrina ◽  
Artem Aleksandrovich Gamaley ◽  
Natalia Nikolaevna Novopashina
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Synthesis Methods ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Systemic Analysis ◽  
Legal Provisions ◽  
Comparison Results ◽  
Definition Of

The existing defect of the legal field in the form of the inconsistency of the norms that make it up, gives rise to inconsistency, imbalance of the main social regulator of social relations. Building the normative material without analysing the need to create a separate regulator, as well as the obligation to establish a relationship with existing norms, determined the significance of such a study. The definition of competition of norms is an object of scientific research quite often. However, the content of this category and its law enforcement significance, in our opinion, have not been established quite correctly. The presence of competition of norms indicates the inconsistency of legal regulators with the principles of certainty of law, fairness and stability of legal regulation, which affects the effectiveness of laws. The research patterns are due to the need for a systematic analysis of this institution in order to identify uncovered aspects in the construction of a clear, systemic and interdependent system of legal regulation. Purpose of the research. The importance of developing fundamentally new approaches to the institution of uncertainty mediated by the phenomenon of competition to overcome the imbalance of the existing legal system, in connection with the existing need to present the normative material unambiguously and clearly. Methods. In the course of the study, in combination with a complex and systemic analysis, the following general scientific methods of cognition were used: dialectical, hermeneutic, and synthesis methods, the method of ascent from the abstract to the concrete, and the method of generalization and comparison. Results and novelty. Competition of norms is the result of an incorrect construction of the system of legal norms indicating a certain artificiality of this definition regarding the possible flexibility of the legal system. In our opinion, an increase in monopoly and individualized norms will lead to a systematic nature of the normative material, as well as an increase in confidence in it on the part of all participants in legal relations. The certainty of law must become a legal axiom.

scholarly journals Practical and theoretical problems of legal regulation of surrogacy

2021 ◽  
pp. 1-12
Author(s):  
Yana Ivanovna Suprun ◽  
Anastasiya Maksimovna Kozlova
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Case Law ◽  
Legal Regulation ◽  
Surrogate Mother ◽  
Legal Norms ◽  
The Social ◽  
Legal Nature ◽  
The Subject ◽  
Genetic Parents

The subject of this research is the legal norms applied to the surrogacy program as an independent institution that requires a separate place in the system. The object of this research is the social relations arising in the sphere of surrogacy procedures for future parents, as well as protection of the rights of a child born from artificial insemination. Special attention is given to such aspects as the surrogacy contract, registration of a child born to a surrogate mother, court opinion on the refusal to register a child born to a surrogate mother, and right of a single father to register a child born to a surrogate mother. The novelty of this article lies the analysis and examination of case law dedicated to the practical and theoretical problems of using surrogacy. The definitions are provided to the concepts of surrogacy and surrogate mother. Recommendations are made on the amendments to family and civil legislation by introducing norms that would regulate and determine the legal nature of surrogacy contract, norms on the child’s registration by the genetic parents who are not legally marries, as well as norms that to regulate the rights and responsibility, legal status of the father of a child born to a surrogate mother.

scholarly journals НАСТУПНІСТЬ ПРАВА ЯК ЗАГАЛЬНОТЕОРЕТИЧНА КАТЕГОРІЯ В ДОСЛІДЖЕННІ ТРАНЗИТИВНОСТІ ПРАВА

2019 ◽  
Vol 14 ◽  
pp. 234-243
Author(s):  
Л. Г. Матвеева
Keyword(s):  
Lived Experience ◽  
Social Relations ◽  
Legal System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Traditions ◽  
The Social ◽  
The Law ◽  
Theoretical Category ◽  
Sense Of Justice

У статті розглядається проблематика наступності права як загальнотеоретичної кате­горії, аналізуються різні позиції щодо сутності наступності права. Виявляються й аналізу­ються фактори, які зумовлюють наступність права. До соціальних факторів наступності в праві слід відносити фактори розвитку суспільства, державну волю. Виділяється такий соціальний і водночас правовий фактор, як традиції правового регулювання, до яких різні автори відносять об'єднання різних цівілізаційних моделей і правової системи. Наступність у праві може виражатися в правових нормах, правових інститутах, право­свідомості, правовій поведінці. Найбільш яскраво наступність права проявляється в коди­фікованих нормативно-правових актах і правових звичаях. Наступність права є важливим механізмом, завдяки якому відбувається оновлення нормативно-правової бази регулювання суспільних відносин, зберігається цінний накопичений і пережитий досвід. Поряд із вивченням наступності права в законодавстві та юридичній практиці також розглядається наступність у юридичній науці. Зроблено висновок, що наступний зв'язок у праві дозволяє виявити співвідношення вибудованої вітчизняної державно-правової систе­ми та конкретних історичних умов її існування.   The article deals with the problems of law succession as a general theoretical category; it is analyzed different points of view concerning the nature ot law succession. It is identified and analyzed the factors that determine the law continuity. The social factors of continuity in the law should include; factors of development of society, a will of state. It is distinguished at the same time a social and legal factors as the tradition of legal regulation to which different authors include unification of different civilizational model and the legal system. Law succession may be expressed in the law and legal institutions, sense of justice, legal behavior. The law succession is manifested most clearly in codified legal acts and legal traditions. The law succession is an important mechanism by which updates the legal framework regulating social relations and saved valuable lessons, a lived experience. Along with the study of law succession in legislation and legal practice, it is considered the continuity in jurisprudence. It is concluded that the successive link in the law ratio reveals the architecture of the domestic state legal system and the specific historical conditions of its existence.

Characteristics of Legislation on Legal Relations of Information Dissemination

2020 ◽  
pp. 18-23
Keyword(s):  
Social Relations ◽  
Information Dissemination ◽  
Legal Regulation ◽  
Legal Scholarship ◽  
Legal Norms

Information and telecommunication technologies have radically changed all social relations. This required corresponding changes in the information legislation. System of legal norms regulating information relations has been updated and increased. However, this changes did not improve legal regulation of information relations. Scientists emphasize that imperfection of information legislation depends on inadequacy of legal norms. Legal scholarship discover different defects of legal norms: antilogy, deficiency of law, inadequacy in logic, duplications and declarativity of norms. Legislation on information dissemination is also characterized by these defects. They entailed problems of application by the courts. Scientific immaturity of legal regulation of information relations is noted. The necessity for creating special legal act, which will regulate relations on information dissemination, is justified.

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

On the emergence of new branches in the legal system of Ukraine

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Zemko Alla ◽  
◽  
Pyndor Yulia ◽  
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Human Life ◽  
Legal Regulation ◽  
Current Approach ◽  
Modern World ◽  
Negative Attitudes ◽  
Global Trends ◽  
Qualified Personnel ◽  
Regulation Method

The article analyzes the current approach to the identification of new branches in the legal system of Ukraine.The modern world does not stand still and is constantly evolving and gives impetus to the development of all spheres of human life, respectively, there are relationships that require legal regulation.Some scholars believe that in the presence of an independent subject of legal regulation, its ownmethodology of legal regulation and a set of specialized legislation, it is possible todistinguish an autonomousbranch of law. It is determined that the emergence of new branches of law is hindered by the dominant concept of the existence of only the main ones. Proponents of this concept categorically reject the possibility of the existence of relevant secondary, complex branches of law. This scientific approach inhibits the study of modern social relations. Negative attitudes towards the separation of new branches of law inevitably lead to gaps in the field of special legal research and, as a consequence, to a lack of qualified personnel with specialized knowledge. It is suggested to take into account the positive experience of foreign colleagues of lawyers who boldly present the achievements of current practices and are not afraid to consider them branches of law, we mean educational, sports, military, gender, «cryptocurrency», admiralty law and others. It is concluded that the division of law into new branches allows more effective regulation of legal relations in relevant areas, given that global trends are increasingly in demand for universal lawyers, but with specialization, with in-depth knowledge in one or more areas of law. Keywords: branch of law, subject of legal regulation, method of legal regulation, complex branch of law

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

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