Peculiar Features of Terms Word Combinations in the Criminal Code of Ukrainian Language

2019 ◽  
pp. 206-212
Author(s):  
Iryna Tsarova
Keyword(s):  
Legal System ◽  
Structural Models ◽  
Criminal Code ◽  
Modern World ◽  
Semantic Structure ◽  
Criminal Prosecution ◽  
Legal Language ◽  
Communication Needs ◽  
Legal Concepts ◽  
Specialized System

The article analyzes the structural models of terminological phrases of the Criminal Code of Ukraine. The essence of the phenomenon of the term “terminological phrases” is determined; attention is paid to the fact that terminological phrases are noted by the constant character of the structure. The paper describes the features of legal language as a specialized system of legal concepts, which provides communication needs in the field of legal science and practice. Attention is focused on the study of the semantic structure of the Ukrainian legal terms. From this perspective it is important to make complex typological analysis of the term system of the Ukrainian language legal on the basis of termmaking processes of the modern world. The researches of the Ukrainian legal borrowings of terminological legal system of term elements of other languages due to different historical conditions and traditions are connected with mentioned above is the result of from above research. Term-words by lexical and grammatical affiliation are divided into nouns, adjectives, verbs and adverbs. Terminological phrases can be two-, three-, four- and multi-component “criminal prosecution”.

scholarly journals Contextual definitions and their applicability in the language of law

2019 ◽  
pp. 11-20
Author(s):  
V. V. Ogleznev
Keyword(s):  
Philosophy Of Science ◽  
Legal System ◽  
Legal Language ◽  
Legal Science ◽  
Contextual Definition ◽  
Basic Concepts ◽  
Points Of View ◽  
Characteristic Area ◽  
Legal Concepts ◽  
Area Of Application

Contextual definitions within the framework of modern logics and philosophy of science are widely used and explained. Moreover, they have acquired an independent epistemological meaning, along with other types of definitions. However, in the humanities, their applicability has been questioned and challenged many times. The author, on the contrary, substantiates the premise that the effectiveness of contextual definitions, in particular in the legal language, is not lower, and sometimes even much higher than the effectiveness of generic definitions. In a contemporary, especially western legal science, Bentham’s and Harts’s points of view that the contextual definition is opposed to the genetic definition continues to dominate, and the latter in relation to the analysis of legal concepts is recognized as ineffective and unproductive. The author is of the opinion that these two types of definitions may well coexist and in some sense complement each other, taking into account different areas of their applicability. The main and most characteristic area of application of contextual definitions, according to the author, are the constitutional rules of law. Constitutional rules of law in this approach are considered as contextual definitions of the basic concepts by which other rules of law in the legal system are formulated. Contextual definitions are very useful when we need to clarify the very general concepts and terms that can be found, for example, in the text of the Constitution. As a result, the defined terms become semantically meaningful, and their use in the legal language becomes syntactically consistent.

scholarly journals Realisticity of Individual Choice Model Does Matter: On Cartel Prosecution

2021 ◽  
Vol 13 (2) ◽  
pp. 7-25
Author(s):  
A. Ye. Shastitko ◽  
K. V. Dozmarov
Keyword(s):  
Choice Model ◽  
Criminal Code ◽  
Deterrent Effect ◽  
Criminal Prosecution ◽  
Individual Choice ◽  
Antitrust Enforcement ◽  
Sensitive Tool ◽  
The Russian Federation ◽  
Legal Concepts ◽  
The Relationship

Criminal prosecution of monopolistic activities in the form of market cartelization is the most sensitive tool for individuals, which can have both a serious deterrent effect and limit behavior that is beneficial to public welfare. This paper discusses the theoretical aspects of the issue of choosing a regime of antitrust enforcement in connection with the design of amendments and enforcement of the norms of Article 178 of the Criminal Code of the Russian Federation, taking into account possible differences between the initialization, conclusion of a cartel agreement and participation in it. The article shows that there are various options for the relationship between the concept of conclusion and participation in the agreement, including anti-competitive one. However, this requires the application of realistic assumptions regarding the behavior of individuals. Practical issues of designing criminal penalties for cartels are considered taking into account various legal concepts, including the form and types of guilt, as well as on the basis of a comparison with other articles of the Criminal Code that punish collective unlawful acts. In connection with the problem of reproduction of an inhospitable tradition, the Russian antitrust identified the risks of imputed imputation (risks of I type errors) and insufficient punishment of the cartel organizer (risks of II type errors) in case of underestimating the importance of economic concepts based on the principle of methodological individualism and the assumption of bounded rationality of individuals.

scholarly journals Translation as a Catalyst in the Development of Modern Chinese Legal Language

2021 ◽  
Vol 45 (1) ◽  
pp. 39-60
Author(s):  
Deborah Cao
Keyword(s):  
Legal System ◽  
Cross Cultural ◽  
Cultural Communication ◽  
Legal Language ◽  
Cross Cultural Communication ◽  
Modern Chinese ◽  
Western Law ◽  
Legal Concepts

AbstractThis paper focuses on the translation of legal language and the development of modern Chinese legal language as a translated legal language. It first describes the historical contexts in which China underwent enormous and unprecedented social and political changes including changes to law in the late 1800s and early 1900s. It then discusses how translation played an important catalyst role in introducing Western law, legal practices, legal concepts and terminology in the emerging modern Chinese legal language as we know it today, and in the process, lent a helping hand in negotiating China’s transition to modernity through translation and creating a new legal language and legal system. It also considers the issues in translingual and cross-cultural communication and understanding translated Chinese legal language.

scholarly journals Law and economics vs. formal legal approach in criminal prosecution of the cartel

2020 ◽  
pp. 23-38
Author(s):  
Andrey Shastitko ◽  
Kirill Dozmarov
Keyword(s):  
Bounded Rationality ◽  
Law And Economics ◽  
Criminal Code ◽  
Methodological Individualism ◽  
Deterrent Effect ◽  
Criminal Prosecution ◽  
Type I ◽  
Antitrust Legislation ◽  
Projected Changes ◽  
Legal Concepts

Criminal prosecution of monopolistic activities in the form of market cartelization is the most sensitive instrument for individuals and can both have a serious deterrent effect and restrict behavior that is beneficial to the public welfare. The paper considers theoretical and economic aspects of choosing an antitrust enforcement regime in view of the projected changes in the discussion and application of the norms of article 178 of the Criminal Code of the Russian Federation, taking into account possible differences between organizing a cartel, entering into a cartel agreement and participating in a cartel. It is obvious that there are various options for correlating the concept of concluding an agreement and participating in it, including anti-competitive. However, it requires realistic assumptions about human behavior. Based on the principle of methodological individualism and the concept of bounded rationality used in economic sciences, the authors demonstrate restrictions on projecting the ratio of agreement conclusion/participation of legal entities (economic entities) on actions of individuals. Practical issues of designing criminal punishment for cartels are considered taking into account various legal concepts, including the form and types of guilt, as well as on the basis of comparison with other articles of the Criminal Code providing punishment for collective unlawful acts. In connection with the reproduction of the tradition of hostility in antitrust legislation, the Russian antimonopoly legislation has identified the risks of objective imputation (risks of type I errors) and insufficient punishment of the cartel organizer (risks of type II errors) in case of underestimation of the weight of economic concepts based on the principle of methodological individualism and the assumption of bounded rationality of individuals.

scholarly journals From Norms to Facts: The Realization of Rights in Common and Civil Private Law

2011 ◽  
Vol 56 (1) ◽  
pp. 77-114 ◽  
Author(s):  
Helge Dedek
Keyword(s):  
Legal System ◽  
Deep Structure ◽  
Common Law ◽  
Social Reality ◽  
Judicial Decision Making ◽  
Legal Traditions ◽  
The United Kingdom ◽  
The Common ◽  
Legal Concepts ◽  
The Ideal

Every legal system that ties judicial decision making to a body of preconceived norms has to face the tension between the normative formulation of the ideal and its approximation in social reality. In the parlance of the common law, it is, more concretely, the remedy that bridges the gap between the ideal and the real, or, rather, between norms and facts. In the common law world—particularly in the United Kingdom and the Commonwealth—a lively discourse has developed around the question of how rights relate to remedies. To the civilian legal scholar—used to thinking within a framework that strictly categorizes terms like substance and procedure, subjective right, action, and execution—the concept of remedy remains a mystery. The lack of “remedy” in the vocabulary of the civil law is more than just a matter of attaching different labels to functional equivalents, it is the expression of a different way of thinking about law. Only if a legal system is capable of satisfactorily transposing the abstract discourse of the law into social reality does the legal machinery fulfill its purpose: due to the pivotal importance of this translational process, the way it is cast in legal concepts thus allows for an insight into the deep structure of a legal culture, and, convergence notwithstanding, the remaining epistemological differences between the legal traditions of the West. A mixed jurisdiction must reflect upon these differences in order to understand its own condition and to define its future course.

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 Can experiments on animals constitute a criminal offence of cruelty to animals?

2014 ◽  
Vol 66 (4) ◽  
pp. 1339-1344
Author(s):  
Branislav Ristivojevic ◽  
Tatjana Bugarski
Keyword(s):  
Animal Welfare ◽  
Criminal Code ◽  
Legal Rule ◽  
The Other ◽  
European Convention ◽  
Criminal Prosecution ◽  
Criminal Offence ◽  
Experimental Animals ◽  
The Law ◽  
Cruelty To Animals

The criminal offence ?killing and torturing animals? under Article 269 of the Criminal Code says that it can be committed only ?contrary to regulations?. The regulations governing the treatment of experimental animals are the Animal Welfare Law from 2009 and the Law on the Ratification of the European Convention for the Protection of Vertebrate Animals used for experimental and other scientific purposes amended by the Protocol of amendment to the European Convention for the Protection of Vertebrate Animals used for experimental and other scientific purposes from 2010. The first one imposes numerous obligations and introduces numerous prohibitions in the treatment of experimental animals, which at first sight make the possibilities of committing this criminal offence greater. The other law does not contain most of the prohibitions and restrictions that are included in the Animal Welfare Law. Thanks to a legal rule which says that a later law regulating the same subject replaces the former one (lex posterior derogate legi priori) and the aforementioned unconstitutionality of many provisions of the Animal Welfare Law, researchers and teachers in Serbia are not in particular danger of criminal prosecution.

scholarly journals Rasisme dan Penerapan Pasal Makar terhadap Kebebasan Ekspresi Politik Papua

2021 ◽  
Vol 4 (1) ◽  
pp. 49-80
Author(s):  
Herlambang P. Wiratraman
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Criminal Code ◽  
District Court ◽  
Constitutional Court ◽  
Human Rights Law ◽  
Freedom Of Association ◽  
Political Expression ◽  
Ratio Decidendi ◽  
The Republic

Freedom of political expression has not been fully guaranteed in the Indonesian legal system. One of the most prominent in the legal debate is the matter of treason (makar) charges against political expressions of self-determination. In the case of Papua, many Papuans have been detained, criminalised, and even killed because of their political expression. Interestingly, the Constitutional Court, through its decision Number 7/PUU-XV/2017, provided guidance in its ‘ratio decidendi’ argument, specifically the interpretation of treason phrases in the Criminal Code. Interpretation is given by the Constitutional Court after seeing the reality that law enforcement has been arbitrarily abused by the application of the treason article. This is contrary to the freedom of association, opinion and expression, as guaranteed in the 1945 Constitution of the Republic of Indonesia. This article discusses how the application of the phrase treason in law enforcement, especially in connection with the conviction of many Papuans after the Surabaya anti-racism rallies in September 2019. A number of district court decisions on dozens of convicted Papuans show that the legal system that guarantees freedom of political expression has not changed much and law enforcement in fact emphasises the position of racial discrimination and is far below the standard of human rights law. Abstrak Kebebasan ekspresi politik belum sepenuhnya dijamin dalam sistem hukum Indonesia. Salah satu yang paling mengemuka dalam perdebatan hukum adalah soal tuduhan makar terhadap ekspresi politik menentukan nasib sendiri. Dalam kasus Papua, tidak sedikit jumlah warga Papua yang ditahan, dikriminalkan, hingga tewas terbunuh karena soal ekspresi politiknya. Menariknya, Mahkamah Konstitusi melalui putusannya Nomor 7/PUU-XV/2017 memberikan panduan dalam argumen ratio decidendinya, khusus interpretasi frasa makar dalam Kitab-Undang-Undang Hukum Pidana. Penafsiran diberikan oleh Mahkamah Konstitusi setelah melihat realitas penegakan hukum telah banyak disalahgunakan penerapan pasal makar. Hal demikian bertentangan dengan kebebasan berkumpul, berpendapat dan berekspresi, sebagaimana dijamin dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Artikel ini membahas bagaimana penerapan frasa makar dalam penegakan hukumnya, khususnya berkaitan dengan dipidananya banyak warga Papua setelah aksi anti rasisme Surabaya pada September 2019. Sejumlah putusan pengadilan negeri atas puluhan warga Papua yang dipidana tersebut memperlihatkan sistem hukum yang menjamin kebebasan ekspresi politik tidak banyak berubah dan penegakan hukum justru menegaskan posisi diskriminasi rasial serta jauh dari standar hukum hak asasi manusia.

scholarly journals Efficiency of Judiciary and Penalty Policy of Courts in Serbia for Criminal Work Violence in Family // Efikasnost pravosuđa i kaznena politika sudova u Srbiji za krivično delo nasilje u porodici

2019 ◽  
Vol 9 (9) ◽  
pp. 69
Author(s):  
Dragan Jovašević
Keyword(s):  
Domestic Violence ◽  
Rule Of Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
The Family

Under the influence of international standards, in the first place of the Istanbul Convention, in Serbia at the beginning of this century, there were several statutory texts such as the Criminal Law (2002), the Family Law (2005), the Criminal Code (2005) and the Law on the Prevention of Violence in the family (2016) determined the concept, elements, characteristics and forms of manifestation of the criminal act of domestic violence, as well as a system of preventive and punitive measures in order to prevent and suppress it. However, there is a greater or lesser disparity between legislative solutions and judicial practice, which also affects the efficiency of the functioning of the judiciary, and therefore the rule of law in general. To a large extent they contribute to the results of the policy of criminal prosecution, ie the criminal policy of the courts for the criminal offense of domestic violence in the last decade in Serbia whose results are presented in this paper.

The Failure of The Remedy of Reduction in Israeli Law — Causes and Lessons

1989 ◽  
Vol 23 (4) ◽  
pp. 469-505 ◽  
Author(s):  
Eyal Zamir
Keyword(s):  
Legal System ◽  
Future Development ◽  
Comparative Research ◽  
Civil Code ◽  
Private Law ◽  
Legal Tradition ◽  
Land Law ◽  
Legal Literature ◽  
Legal Concepts

The process of codifying Israeli private law began in the mid-1960's. Since then, numerous laws have been enacted, each devoted to a certain field or transaction (land law, pledges, sales, etc.). The idea was, and continues to be, that after the enactment of the separate laws is completed, they will be combined in order to create an integral, complete civil code. This stage of enactment is nearly finished, and at present a jurists' committee is considering changes and adjustments required in any of the laws in order to fit them together into one code. This method of legislation by stages has many disadvantages, which have been pointed out in the legal literature. However, there are also advantages. The new laws in the sphere of private law are not inspired by a single legal system or by any particular existing code; rather, they constitute an original, modern Israeli creation, based on comprehensive comparative research and implementation of new, original ideas. In the absence of an established Israeli legal tradition, and absent rooted legal concepts or terminology, the Israeli legislature must create a code which does not grow naturally out of an existing legal system. The code itself will constitute the basis for future development of the system.

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