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.

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.

scholarly journals Legal Regulation, Legal Impact, and Legal Support: An Index of Indeterminacy

2020 ◽  
pp. 46-53
Author(s):  
Onishchenko N. M.
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Legal Regulation ◽  
State Regulation ◽  
Psychological State ◽  
Coherent System ◽  
Legal Rules ◽  
Regulatory Processes ◽  
Democratic State ◽  
Legal Security

Introduction. One of the tasks of the general theory of law is the development of a categorical-conceptual apparatus. All the more, so when it comes to mutually consistent and mutually evolving categories. In our case it is “legal regulation”, “legal influence” and “legal support”. It is clear, that these categories are not synonymous, but it is also clear that they are interdependent in the context of the current regulatory processes. The aim of the article. The purpose of the article is to demonstrate the correlation of the categories of “legal regulation”, “legal influence” and “legal support”, to point out their non-identical, but interrelated nature. Results. Modern law in a democratic state is not only directly regulating certain social relations, by fixing in the norms their specific patterns of behavior, rights and obligations of their participants, etc., but also influences their further development, to a certain extent determines the trends of their evolution in the future, thereby ensuring the interests of the subjects of law and the possibility of foreseeing their prospects for their further activity. Legal regulation can be characterized as a special formalized method of state regulation of actions of legal entities in order to direct their behavior in accordance with the interests of citizens, society and the state, it requires a comprehensive study of the relevant constituents in their inseparable interaction, that is, as a coherent system, consisting of certain links that interact and each of them follows from the previous one. Any regulation at the same time is, certainly, a certain influence, but not any influence is a regulation, normalization of social life. Legal influence can be characterized as comprehensive and multifaceted (psychological, state-willed, formal, regulatory, etc.) action of law, and legal regulation is a special action of law, which differs in form and content, which is exercised through the subjective rights and obligations of the subjects of law acting as subjects of specific legal relations. The essence of the category “legal security” must be considered in view of the meaning of the term “security”, the multidimensional meaning of which organically follows from the verb “to provide”, that is, to provide sufficient means for something, to make something real workable, to create the necessary conditions for the implementation of something, to guarantee something. Legal support can be seen as a process that guarantees the effective fulfillment of the objectives of legal regulation; legal support includes not only the relevant legal components, but also specific social factors, circumstances, processes, etc., which mediate the effect of legal rules and constitute a link between law and certain social relations. Conclusions. Legal support includes: 1) legal regulation; 2) legal influence; 3) a set of measures and guarantees that ensure the reality and effectiveness of the implementation of legal rules. Legal support includes a certain set of phenomena accompanying it, which give legal regulation quality of real efficiency, achievement of the last socially useful and significant results. Legal support is impossible without legal regulation and legal influence, which are its original prerequisites or bases. However, legal regulation and legal influence often take place outside the context of legal support (for example, when formally certain relationships are regulated by law, but there is no effectiveness of legal regulation, so the socially beneficial effect to which it was directed is not achieved).

ECONOMIC EFFICIENCY OF LEGAL NORMS AND ITS ASSESSMENT THROUGH THE PRISM OF THE RULE OF LAW (ON THE EXAMPLE OF TAX LEGISLATION)

2021 ◽  
Vol 2021 (2) ◽  
pp. 63-74
Author(s):  
Volodymyr USTYMENKO ◽  
◽  
Ruslan DZHABRAILOV ◽  
Keyword(s):  
Public Relations ◽  
Rule Of Law ◽  
Social Relations ◽  
Tax Policy ◽  
Legal Regulation ◽  
The State ◽  
Project Work ◽  
Economic Science ◽  
Economic Criterion ◽  
The Rule Of Law

It is noted that an important quality of legal regulation should be the effectiveness of the method and means chosen by the state to promote the achievement of the planned socio-economic result. Despite the fact that some principles of normative project work have been covered at the legislative level (in particular, on the example of legislation in the field of regulatory policy), the practice of adopting normative legal acts the effectiveness of which remains questionable continues. One of the reasons for this state of legal regulation of social relations is the improper consideration, and sometimes conscious disregard for theoretical and applied constructions that have been substantiated within the framework of legal and economic science. As a result, this leads to the establishment of an unjust order in a certain area of public relations, which threatens the further sustainable development of the state. In view of this, attention is focused on the defects of the implementation of legal principles, especially the principle of the rule of law, in the field of legal regulation of economic relations, which leads to the imaginary effectiveness of the relevant legal acts. It is proved that the effectiveness of legal regulation of public relations will be evidenced not only by the rate of achievement of the expected result at the expense of the minimum necessary resources of economic entities, citizens and the state (i.e. the economic criterion), but also the degree of compliance with the rule of law, which will allow to talk about promoting the adoption by a legal act of the ideology of justice. Based on the analysis of some examples of legislative practice in the field of taxation, it is established that the adoption of regulations contrary to the rule of law has led to the direction of tax policy to achieve socio-economic results that contradict the principles of tax policy as a type of economic policyand principles of social policy of the state in terms of income redistribution set out in strategic documents.

scholarly journals Interpretation of Legal Norms as an Optional Component of the Legal Regulation Mechanism

2021 ◽  
pp. 252-256
Author(s):  
T. I. Tarakchonych
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Norm ◽  
Regulation Mechanism ◽  
Important Place ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Obligations ◽  
Definition Of

The article draws a special attention to the definition of such important categories of legal science as «interpretation of legal norms», «mechanism of legal regulation», «stages of legal regulation mechanism». The particular attention is paid to the understanding of the mechanism of legal regulation and its stages. The mandatory and optional stages of the legal regulation mechanism is distinguished. It is emphasized that the mandatory stage provides for the need to regulate certain social relations, which, first of all, are modeled, detected and implemented in certain subjective rights and legal obligations. The optional stage includes the necessity for an official interpretation of the legal norm in the process of its application. The place and role of interpretation of the rules of law in the mechanism of legal regulation have been determined. The article defines that the interpretation of legal norms is a process of clarifying of the content of the rule of law by the relevant subjects in order to ensure an unambiguous understanding of the content, its accurate and balanced application by both authorized and relevant entities in specific legal relations. The research at the general theoretical and methodological level distinguishes the essence and peculiarities of interpretation of legal norms, functional orientation, methods and means of its implementation. It is noted that the interpretation of legal norms ensures an unambiguous understanding of the rule of law, has an informational orientation and forms the legal consciousness of the subjects, the motivation for their behavior, is the basic basis for the development of the legal culture of society, the determinant of legal influence and the basis for improving legal regulation. The article states that the interpretation of legal norms has an important place in the mechanism of legal regulation along with its other components. It is characterized by the fact that it is carried out by analyzing of legal norms through a system of legal assessments, views, ideas, etc. Keywords: legal norm, interpretation of legal norms, functions of interpretation of legal norms, legal regulation,mechanism of legal regulation, stages of legal regulation mechanism

scholarly journals Polyvariety of the Structure of the Normative Element in the Mechanism of Legal Regulation of Civil Relations: Theoretical Aspect

2021 ◽  
Vol 16 (7) ◽  
pp. 23-31
Author(s):  
A. V. Kostruba
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Theoretical Aspect ◽  
Legal Regulation ◽  
Legal Norm ◽  
Main Element ◽  
The Rule Of Law ◽  
Regulatory Influence ◽  
Legal Nature

The mechanism of legal regulation of relations is considered as a system of legal means, methods and forms with the help of which social relations are regulated. The author argues about the variability of the normative element of the mechanism under consideration, since it is not always possible to include the multiplicity of parameters that form its content and essence exclusively into the content of a legal norm. It is argued that the rule of law is not the main element of the mechanism of legal regulation through which relations between members of the society are being regulated. The corresponding regulatory influence is ensured with the help of individual regulators that have a different legal nature due to their limited, personalized obligatoriness. The author proves that, along with a legal norm, an individual normative prescription acts as a legal means of ensuring the operation of the mechanism of legal regulation of social relations, and its form is represented by alter-normative regulators (contract, custom). In addition, along with normative and alter-normative regulators, super-normative (principles of law) and quasi-normative (judicial acts) are highlighted.

scholarly journals Quasi-Regulatory Role of the Legal Opinions of the Supreme Court on the Example of the Case of Compensation for Non-Pecuniary Damage in the Family Dispute

2021 ◽  
Vol 7 ◽  
pp. 79-86
Author(s):  
Mykhailo Shumylo
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Rule Of Law ◽  
Legal Regulation ◽  
Basic Function ◽  
Anglo Saxon ◽  
The Rule Of Law ◽  
Positive Law ◽  
The Supreme Court ◽  
Legal Opinions

Judgments of the Supreme Court, their legal nature, tasks and importance have repeatedly been the subject of discussions among the legal scholars and the legal practitioners, so this issue will not be the main point of the article.Quasi-regulation as one of the most significant functions of the legal opinions of the Supreme Court will be described in the article on the example of family dispute cases.The legal opinions of the Supreme Court are generally acknowledged as quasi-precedents and the article contains the conclusion that such terminological definition is the most balanced as the Supreme Court caselaw could not be called precedent in the meaning of this definition in Anglo-Saxon law.The research has proved that quasi-precedents can set the quasi-legal regulation.In that context, however, it is important to distinguish that precedents can create legal regulation, while the quasi-precedents can provide the rule of law with additional regulatory content by its wider interpretation.This can be clearly observed when the Court of Cassation interprets in common the general and special legal provisions.It is proved that quasi-regulation, which is provided by the Supreme Court in certain cases, is the result of the several objective processes, including:–  convergence of Anglo-Saxon and Romano-Germanic Law;–  transformation of the national legal system from authoritarian soviet to democratic;–  gradual abandonment from positivistic interpretation of legal provision in favor of rule of law and faire justice (human-centered);–  more frequent application of dynamic interpretation of legal provisions.At the same time, it should be emphasized that quasi-regulation is not the prior task of the Supreme Court for the reason that ensuring the uniformity and sustainability of case law remains its basic function. Quasi-regulation is an additional instrument aimed at strengthening the rule of law in Ukraine.In this regard such an instrument is more useful when: (1) rules of positive law do not fulfill this function; (2) there is a need to use the legal regulation for resolving the conflicts of law and filling the gaps in legislation.Quasi-regulation contributes to the development of the doctrine of law and becomes an indicator for the legislator that certain relations need urgent regulation, that public relations have changed, become more complicated and need immediate legislative regulation, and that legislators demonstrate slow response tothe mentioned changes.

scholarly journals THE ACTIVITY OF THE STATE INSPECTION OF ROAD TRAFFIC OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA AS A SUBJECT OF SECURITY OF NATIONAL SECURITY

2021 ◽  
Vol 6(72) (3) ◽  
pp. 213-220
Author(s):  
Y. V. Kapranova ◽  
G. M. Ovsepyan
Keyword(s):  
Public Relations ◽  
Rule Of Law ◽  
Social Relations ◽  
Road Traffic ◽  
Legal Regulation ◽  
Public Order ◽  
Public Places ◽  
The Rule Of Law ◽  
The Relationship ◽  
Police Activity

The article discusses the main approaches to understanding the essence of the rule of law in general, and in public places in particular, and also reveals its features as a field of activity of the police. The positions of scientists studying the rule of law and other categories related to it in the context of police activities are analyzed. The relationship between law and order and public order is demonstrated. It is concluded that the scope of police activity extends mainly to groups of public relations that make up the essence of public order in a narrow (“police”) sense. Attention is focused on the relationship of the «public» of the rule of law with the place where the actions of the subjects of the relevant legal relations are carried out. The groups of legal relations that make up the essence of the rule of law are identified, the protection of which is provided by the police. The content of the rule of law as a field of police activity has been clarified. Attention is drawn to the primacy of public order and the need for legal regulation of social relations, where civil society cannot or should not self-organize to achieve the goals of social development, create a safe environment for life, and also recognize the police as the main subject of law enforcement in public places.

scholarly journals NADZIR REGISTRATION REGULATION TO THE INDONESIAN WAQF BOARD WITH A POSITIVE LEGAL PERSPECTIVE AND ISLAMIC LAWm Islam

2020 ◽  
Vol 4 (2) ◽  
pp. 190
Author(s):  
Muhammad Luthfi ◽  
Yohana Wardoyo
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Problem Formulation ◽  
Normative Study ◽  
The Rule Of Law ◽  
Research Results ◽  
Legal Rules ◽  
Study Research ◽  
Positive Law ◽  
Legal Perspective

Regulation of nadzir registration to Indonesian Waqf Agency (BWI) is a new rule about Waqf in Indonesia. This rule has a different push point in the rules, the rule of law using the word "must" as its registration regulation, And the rules of implementation use the word "mandatory". The use of the word "obligatory" is also not followed by the sanction of the rules. This study explains the regulation of the registration of Mucconsulting to BWI's perspectives on positive laws and Islamic law. The problem formulation, how the regulation of registration of nadzir to BWI is reviewed from the rules of the positive law and the rule of Islamic law? This research is a normative study. Research results, The regulation of registration of Mucconsulting to BWI is reviewed from the positive legal rules, content is a rule that contains orders, the nature of the rule is the Factative law. According to Islamic law via ushuliyyah rules it goes into the aspect of amr (command), That do not have to be, In qiyas the order of the rules equals the order of Hajj. 

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 Legal and Practical Conditionality of the Prosecutor’s Participation in the Consideration of Administrative Off enses Cases in Commercial Courts

2021 ◽  
Vol 16 (2) ◽  
pp. 183-191
Author(s):  
Т. S. Nazritskaya
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Statistical Data ◽  
Legal Regulation ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Theoretical Foundations ◽  
Commercial Courts

The paper examines the prosecutor’s role in the administrative jurisdictional proceedings in a commercial court. The author provides numerous examples from prosecutorial and judicial practice, reflecting the activities of prosecutors to strengthen the rule of law through participation in commercial litigation. The paper also indicates the requirements imposed by legislation, organizational and administrative documents of the General Prosecutor’s Office of the Russian Federation and the prosecutor’s offices of the constituent entities for the work of prosecutors in this direction. Based on statistical data on the number of cases initiated by prosecutors and the corresponding cases considered by the courts, the role of the prosecutor in the consideration of cases of the analyzed category by the courts is determined. According to the results of the study, the author points out the shortcomings of certain provisions of the law, determines the need to improve the theoretical foundations of the participation of the prosecutor in the consideration of cases of administrative offenses in commercial courts, emphasizes that changing the procedure for legal regulation of the participation of the prosecutor in commercial litigation is necessary in connections with changing social relations, and the preservation of the existing order gives rise to stagnation in the development of procedural legislation.

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