Constitutional and Legal Foundations for Local Self-Government Law-making: Does the Slovak Republic Need More Precise Legal Regulation?

2019 ◽  
Vol 17 (3) ◽  
pp. 393-415
Author(s):  
Jaroslav Mihálik ◽  
Bystrík Šramel
Keyword(s):  
Local Community ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Community Living ◽  
Weak Points ◽  
Legal Foundations ◽  
Local Law ◽  
The Law ◽  
Law Making ◽  
Regulation Of Law

The law-making process is one of the extremely important forms of local self-government activities. By means of law-making, local self-government regulates the conditions of life and behaviour of the local community living in a particular area of local self-government. Through law-making, therefore, local self-government can significantly interfere with an individual's life. The paper is focused on the analysis of the current legal regulation of the local self-government law-making process in the Slovak Republic and the identification of its weak points. The authors examine the results of control activities of authorities performing the review of constitutionality and legality of local law-making. On this basis, we submit a number of suggestions and incentives for changing the current legal regulation of law-making competence of local self-government.

scholarly journals Selected Problems of Enacting and Interpretation of Local Law at the Level of Local Self-Government in Poland

2013 ◽  
Vol 33 (1) ◽  
pp. 101-111
Keyword(s):  
Local Community ◽  
Local Law ◽  
The Law ◽  
Law Making

Abstract This article presents crucial problems of enacting and interpretation of local law. According to the Constitution acts of local law are the source of universally binding law in the territory of the organ issuing such enactments. Enacting of local law by the local self-government is the exercise of its law- making function, derived from statutory authorization. Law-making of the local self-government does not have an autonomous character in regard to legal acts. Enacting of local law by local self-government is its duty. The interpretation of the law enacted by the local self-government has its own specifics. Law which is legislated in such way is likely to be corresponding with the expectations of the local community

scholarly journals The positive legal uncertainty as a technical and legal method of exposition of law

2021 ◽  
Vol 21 (4) ◽  
pp. 437-444
Author(s):  
Ekaterina Yu. Arkhipova ◽  
Keyword(s):  
Social Relations ◽  
Self Regulation ◽  
Historical Analysis ◽  
Legal Regulation ◽  
Russian Society ◽  
Legal Method ◽  
Legal Uncertainty ◽  
The Law ◽  
Market Relations ◽  
Law Making

Introduction. In modern Russian society with high rates of development of market relations, digitalization of the main spheres of life, popularization of the ideas of self-organization and self-regulation, legal uncertainty acts as a bipolar phenomenon, which is not only a consequence of law-making errors, but an effective technical and legal way of presenting regulations. Theoretical analysis. The historical analysis of the formation and development of ideas of certainty and uncertainty in jurisprudence showed that these categories are considered as universal phenomena characteristic of any matter. It was established that absolute certainty is unattainable and not always in demand, while legal uncertainty is inherent in the very nature of law. Еmpirical analysis. It was revealed that the need to ensure mobility and flexibility of legal regulation imposes the task of a reasonable use of legal uncertainty as a technical and legal way of presenting law on the law-making subject, which is reflected in the current legislation. Results. Legal uncertainty is an objective and inevitable phenomenon, and the total regulation of social relations is not always justified. The law is being improved on the basis of the principle of transition from the casuistic to the abstract, which proves its universality.

scholarly journals GAPS IN THE LAW AND WAYS TO FILL THEM

2020 ◽  
Vol 30 (3) ◽  
pp. 396-405
Author(s):  
P.V. Lushnikov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Negative Consequences ◽  
First Case ◽  
The Law ◽  
False Idea ◽  
Law Making ◽  
Made In ◽  
Communicative Processes

The article deals with the issues of gaps in law, it is stated that at present the problem of gaps is caused by the development of public relations. The negative consequences of gaps and their causes are determined. Several classifications of gaps that are made in science are considered. It is concluded that the deliberate creation of gaps by the subjects of law-making can be a corruption-induced factor. The classification of gaps depending on the truth (real and imaginary) is analyzed in detail. It is concluded that under the imaginary spaces can occur, both the addressees and the addressees of legal messages. In the first case, the addressees due to lack of necessary knowledge may have a false idea about the lack of legal regulation. When considering the second option, there is agreement with the scientific position that the addressees may, for subjective reasons, try to resolve gaps in the law, which do not really exist, thereby giving rise to excessive legitimization or real gaps. The article considers the options of filling the gaps in the law proposed in science. Further, it is proposed to apply to this problem the provisions of hermeneutics. The possibility of applying hermeneutic methodology to eliminate gaps is substantiated. It is concluded that preliminary modeling of communicative processes in the course of law-making can be used as a measure to counteract the gap in laws. The author suggests the need to limit the "arbitrariness of the reader" in the process of applying the analogy of law and law, as well as in the process of forming a legal precedent.

scholarly journals To the question of the essence of financial law

2020 ◽  
pp. 26-32
Author(s):  
E. Yu. Gracheva
Keyword(s):  
Continuous Improvement ◽  
Modern Society ◽  
Legal Regulation ◽  
Social Processes ◽  
Social Phenomenon ◽  
Fundamental Nature ◽  
The Social ◽  
Legal Foundations ◽  
The Law

The article discusses some issues of the essence of modern financial law, which, according to the author, remains unchanged, but is filled with new content, which is associated with constantly and rapidly changing social processes of digitalization of society, with all objectivity influencing the content and form of law in general and financial law in particular. The article emphasizes that these processes influence, but do not change the essence of financial law, since otherwise the social phenomenon itself — the law changes. The article analyzes the main essential features of financial law in their unity, interconnection and interaction, taking into account filling them with new content and emphasizing the inviolability and fundamental nature of the legal foundations of modern society, the need for continuous improvement of legal regulation as the most effective and fair instrument of influence on social processes.

Prospects for the development of law-formation in Ukraine through the prism of the application of the prognostic method of research

2021 ◽  
pp. 29-36
Author(s):  
Taras Didych
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Temporal Properties ◽  
Qualitative State ◽  
The Law ◽  
The One ◽  
Cognitive Perspectives ◽  
Law Making

The author analyzes doctrinal approaches to characterizing the prospects for the development of law-formation in Ukraine. The methodological inadequacy of ensuring the study of the prospects of development of legal phenomena, including lawmaking, is noted. It is noted that law-formation as a socio-legal phenomenon is due to various factors of its development, is influenced by the peculiarities of society as a sphere of its existence, and the state as a central subject of law-making. This conditionality of the process of law formation characterizes such dialectical regularities as the presence of prospects for development and the ability to improve legally significant activities, including activities in the field of law enforcement. Prospects for the development of law-formation as its integral property, reflects the relevant qualitative changes in the process and content of the law-formation, occurring within the temporal boundaries and characterize the law-formation as a phenomenon that has the dynamics of its development. These characteristics of the law-formation are most thoroughly and comprehensively disclosed in terms of prognostic method of scientific research, because, on the one hand, based on temporal properties and due to relations between subjects, changes in their content that form the basis of law, and on the other hand, they are manifested at the level of legal institutions (the process of law-formation, norms of law, legal regulation, the subjective composition of law-making, etc.). In this regard, the issue of prospects for the development of lawmaking and ways to improve it in terms of improving the process of law formation, identification and consideration of objective laws of its development, improving the quality of law, the quality of its expression, the effectiveness of public relations is important. scientific rethinking in order to develop scientific knowledge about the prospects of law, ways to improve both the process of its formation and improve the quality of law itself. Based on the analysis of scholars' views on the problem of studying law-formation in modern conditions of development of Ukrainian society, the cognitive perspectives of application of the prognostic method of studying law-making in Ukraine are established. Prospects for the development and ways to improve law-formation as independent theoretical and legal aspects of knowledge of law education require the isolation and further application of the prognostic method of research, which is potentially able to: first, to reveal lawmaking through the prism of its development; secondly, to reveal in the most comprehensive way the objective and subjective aspects that determine the future qualitative state of the law-formation, to determine the ways of influencing the formation of law to increase its level; thirdly, to structure the development of law-formation in separate directions.

New Regulation Vectors — “Alternative” Right?

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
YUriy Tikhomirov
Keyword(s):  
Self Regulation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Power Struggle ◽  
Legal Rules ◽  
The Social ◽  
International Obligations ◽  
The Law ◽  
Effective Use ◽  
Law Making

Manifestations of crisis in Russia and other courtiers stimulate the effective use of law resources. Complicated processes in legal sphere encourage exploration of their tendencies and new vectors. Acknowledgement of the supremacy of law is not accompanied by a single-line trend of ensuring its actual high role in the society, one can observe phenomena of lawlessness and legal nihilism. That is why it is important to search for new aspects of legal regulation, among other things, by means of using alternative social regulators. In particular, we mean other alternative social norms that do not contradict the law, including non-state sources of law-making and self-regulation. Such phenomena can be observed both in the national law and in the sphere of international legal regulation where new forms of international obligations and self-commitments of states are successfully applied along with the traditional contract forms. Tangling of the abovementioned vectors is weakened by the tendency to power struggle with the law, when violence breaks down the legal framework foundations. That is why values, principles and fair legal rules enrich the social potential of the law.

scholarly journals Factors for Establishing the Limits of Legal Regulation

Legal Concept ◽  
2021 ◽  
pp. 18-23
Author(s):  
Ekaterina Zaitseva ◽  
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Necessary Condition ◽  
Modern State ◽  
Physiological Factors ◽  
Scientific Methods ◽  
Social Nature ◽  
Smart Regulation ◽  
The Law ◽  
Law Making

Introduction: the knowledge of the legal regulation sphere and its limits is impossible without the analysis of the factors under the influence of which it is formed. Despite the obvious significance, the factors of establishing the limits of legal regulation did not become an independent subject of research but were only indirectly affected in the context of the analysis of the legal education factors. Meanwhile, these factors are of independent importance and need additional reflection. Their identification and clarification contribute to the introduction of the concept of “smart regulation” in the law-making policy of the modern state. Purpose: to identify the factors of setting the limits of legal regulation. Methods: the methodological framework for the study was made up of the general scientific and specific scientific methods of cognition. Results: the analysis of the factors of the establishment of the legal regulation sphere and its limits with the aim of its most adequate reflection as a subject of legal regulation is a necessary condition for improving the effectiveness of the law-making policy of the modern state. Conclusions: the factors that determine the limits of legal regulation can be objective and subjective. The objective factors determine the limits of the sphere of legal regulation; as such, it is necessary to consider the properties of public relations that have a legal nature, which in turn are under the influence of the objective factors of a natural and social nature, traditionally referred to as lawforming. The main natural factors should include biological, geographical, climatic, and physiological factors. The main objective social factors are scientific and technological, axiological, economic, and psychological. The identification of the sphere of legal regulation and its consolidation as a subject of legal regulation are caused not only by the influence of the objective factors but also by the subjective ones, which should include political-legal, scientific-cognitive, and technical-legal. All these factors interact with each other and “work” in the system. Depending on the specifics of the public attitude that is in the sphere of legal regulation and is fixed as its subject, the influence of various factors will be unequal.

scholarly journals Weaknesses of the Law Formulation in Vietnam and Solutions

2021 ◽  
Vol 36 (4) ◽  
Author(s):  
Hoang Thi Kim Que ◽  
Le Thi Phuong Nga
Keyword(s):  
Legal System ◽  
Social Activities ◽  
Legal Basis ◽  
The People ◽  
Weak Points ◽  
The Law ◽  
Rights And Interests ◽  
Law Making

Since the Constitution in 2013 was enacted, Vietnam has gained important achievements in formulating the legal system that is creating the legal basis for economic, cultural, and social activities and contribute to protecting the rights and interests of the people. However, there are several defects in the law formulation in particular, and the legal system in general. The paper focuses on analyzing the typical weak points and some solutions to overcome disadvantages, ensure the quality and efficiency of law-making activities, meeting current practical requirements

scholarly journals Concept of Law-Making Technology as Approach to the Problem of "Origins of Law"

2018 ◽  
pp. 285-289
Keyword(s):  
Present Article ◽  
Human Activity ◽  
Legal Regulation ◽  
New Approach ◽  
The Law ◽  
Further Development ◽  
Law Making ◽  
Key Questions ◽  
Prospects Of Application ◽  
Concept Of Law

In the present article an attempt to offer new approach to a problem of sources of the law, traditional for the Russian jurisprudence, is made. Authors set as the purpose the description of the mechanism during which various factors of law education lead to emergence of this or that form of the law: law, custom, judicial act, etc. As the category allowing to solve an objective, authors offer law-making technology as it describes the human activity (a law source in dynamics) proceeding by certain rules and predetermines the set result (a law source in a statics, or the form is law). In article the main signs of a source of the law in dynamics are analyzed. Special attention is paid to structure of law-making technology, the list of its elements is offered. Through a doctrine prism on objective and situational legal regulation the short sketch of the main forms of the law and technologies which lead to their emergence is given. In the conclusion key questions on which it will be necessary to give the answer during further development of understanding of a source of the law as law-making technology are formulated, and it is suggested about the further prospects of application of author’s approach in legal researches.

scholarly journals SOME TRENDS IN DEVELOPMENT OF THE RUSSIAN CIVIL LAW PROCESS: IMPACT OF THE DOCTRINE AND FOREIGN PRACTICES

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Сергей Синицын ◽  
Sergey Sinitsyn
Keyword(s):  
Law Enforcement ◽  
Large Scale ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Regulations ◽  
Dynamic Development ◽  
The Law ◽  
Market Relations ◽  
Law Making

Codification of civil legislation is not a one-time random phenomenon in law; it is preceded by a long and meticulous work which in modern Russia pursues the aims of creating legislation sources’ system levels that ensure stable, large-scale and comprehensive legal regulation of market relations required by the turnover. Work on modernization and renewal of the Civil Code forms an integral part of codification, it shows dynamic development of the system of civil legislation. Objectives of the civil legislation codification in ХХ—ХХI involve elimination of contradictions in legislation, regulatory consolidation of new law doctrines, well-established in law enforcement practice, their structuring in the sources of civil legislation system, rationalization of legal regulations. Status of legislation and its evaluation predetermine the tendencies of its development in future, allow forecasting, designating possible risks and priorities of the law-making process.

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