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 RULE OF LAW AND LEGALITY AS PRINCIPLES OF NATIONAL POLICE ACTIVITY

2021 ◽  
pp. 45-53
Author(s):  
А. Т. Комзюк ◽  
Salmanova O. Yu.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Police Officers ◽  
Legal Regulation ◽  
General Idea ◽  
The Rule Of Law ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
The Relationship

The article defines the relationship between the principles of the rule of law and legality and their importance in the activities of the National Police of Ukraine. Indicated, that the principle of the rule of law is enshrined in the Constitution of Ukraine, and in relation to the National Police – also in the Law on it. Attention is drawn to the fact that the definition of the rule of law in the Constitution and the Law of Ukraine «On the National Police» is interpreted differently. Therefore, in a generalized form, the principle of the rule of law is proposed to be interpreted as the idea of the rule of law, which is embodied in the creation of appropriate laws, their proper implementation, prohibition of arbitrariness, human rights, non-discrimination and equality before the law. It was emphasized that it was expedient to define this principle as a general idea in the Law “On the National Police”, as its other components cannot always be fulfilled in the activity of the police. In particular, the authorities and police officers cannot question the compliance of the law with the ideas of social justice, freedom, equality, etc. Nor can they, in the performance of their tasks and functions, be guided by norms of morality, traditions, customs, etc., and not by formally defined norms of law (ie laws). It is in the light of such reservations that it is proposed to define this principle. The police must implement it through certain requirements – legality, prohibition of arbitrariness, respect for human rights, non-discrimination and equality before the law. Therefore, legality is of paramount importance in the activity of the police – the police act exclusively on the basis, within the powers and in the manner determined by the Constitution and laws of Ukraine. In this regard, the proposals to improve the legal regulation of the rule of law and legality as principles of the National Police of Ukraine are substantiated.

scholarly journals Some Issues of the Relationship of the Judicial Systems of the Republic of Uzbekistan and the Republic of Karakalpakstan

2020 ◽  
Vol 6 (6) ◽  
pp. 244-251 ◽  
Author(s):  
G. Berdimuratova
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
The Rule Of Law ◽  
The Republic ◽  
The Government ◽  
Relationship Of ◽  
Principle Of Legality ◽  
The Relationship ◽  
Mechanism Of Separation ◽  
Judicial Systems

This work is devoted to the consideration of the constitutional directions of interaction and interdependence of the judiciary of the Republic of Uzbekistan and the Republic of Karakalpakstan. As a result of studying the issues under consideration, the author concludes that the importance and significance of the role and place of the judicial branch of the government in the mechanism of separation of powers is precisely in ensuring the rule of law, avoiding violations of the principle of legality and the rule of law based on it.

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 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 Anti-Corruption Policy, the Constitution, and Human Rights in Poland

2020 ◽  
Author(s):  
Valentina Rudenko ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Science Research ◽  
Legal Regulation ◽  
Political Environment ◽  
The Rule Of Law ◽  
Democratic State ◽  
Historical Comparative ◽  
The Relationship

The aim of the article is to investigate the relationship between the anti-corruption policy and the implementation of human rights in Poland. The following basic legal and political science research methods were used: axiological- normative, systematic, historical, comparative, institutional, structural-functional, formal-juridical methods. The article analyses the socio-political environment in which an anti-corruption policy in Poland was formed and the strategies for its implementation. Significant institutional changes of the system of anti-corruption agencies and legal regulation of anti-corruption activities of governmental authorities were addressed. The role of social supervision in the field of corruption control in Poland was analysed. Polish anti-corruption policy peculiarities were highlighted, which increase the risk of violations and the disproportionate restriction of human rights. Particular attention was paid to the analysis of the scope of competencies and credentials of the Central Anti-Corruption Bureau, and its place in the system of anti-corruption agencies. Based on the analysis of anti-corruption policy in Poland, it was concluded that human rights are one of the most important criteria for the success and effectiveness of anti-corruption policy implementation. The issue of balance between anti-corruption policy and human rights implementation in modern democratic states shall be solved via a system-based approach within the framework of constitutional principles of democratic states, namely: the rule of law, human dignity as a basic value of a democratic state, respect for human rights and the admissibility of their restriction only within the limits and forms permitted by the Constitution, the principle of separation and balance of powers, the supremacy of people.

The Axiological and Praxeological Relationship Between Political Islam and Liberal Democracy

2022 ◽  
pp. 15-29
Author(s):  
Goran Ilik ◽  
Nikola Gjorshoski
Keyword(s):  
Rule Of Law ◽  
Liberal Democracy ◽  
Separation Of Powers ◽  
Political Islam ◽  
Representative Government ◽  
The Rule Of Law ◽  
Muslim Countries ◽  
Democratic Discourse ◽  
Relationship Of ◽  
The Relationship

The question of the correlation between Islam, political Islam, and liberal democracy has so far been the most exposed topic in exploring the democratic capacity of political Islam and Islamic societies in general. What is particularly intriguing about the relationship between political Islam and liberal democracy is the fact of its Westernized triviality that has received a pejorative tone in Islamic political circles. The following chapter analyzes the relationship of political Islam to specific inherent categories of liberal democracy such as the rule of law, representative government, the separation of powers, and secularism as differentia specifica of liberal Western democratic discourse. This chapter argued how appropriate tangent or divergence is illustrated and how this is reflected in the general ideological positioning of political Islam towards the liberal democracy in the Muslim countries through an axiological and praxeological perspective.

scholarly journals The Principle of Prohibition of the Retroactive Effect of Law: Implementation Peculiarities and Development Tendencies

2020 ◽  
Vol 10 ◽  
pp. 7-13
Author(s):  
Irina A. Aleshkova ◽  
◽  
Anastasia S. Stalnova ◽  
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legal Regulation ◽  
The State ◽  
The Rule Of Law ◽  
Retroactive Effect ◽  
The Law ◽  
The Relationship

The article is devoted to the comprehension, disclosure and description of the principle of prohibition of retroactivity of the law “Lex ad praeteriam non valet” in a systemic relationship with a number of principles of the rule of law. The authors note the relationship between the principle of prohibition of retroactive force of law and the principles of the rule of law and maintaining citizens’ confidence in the law and actions of the state, as well as such trends in its development as substantive stability and liberalization in law enforcement based on the sphere of legal regulation.

scholarly journals Law and Order, the Rule of Law, and the Legitimation of the Colonial Presence in Late British Burma

2021 ◽  
pp. 1-21
Author(s):  
Ian Brown
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Rule Of Law ◽  
Justice System ◽  
Colonial Rule ◽  
Law And Order ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Colonial Modernity ◽  
Colonial Government

Abstract In Britain's empire across Asia and Africa from the mid-nineteenth century, two political-legal principles were central to colonial modernity, law and order, and the rule of law. These two principles secured the legitimation of colonial rule, in the eyes of those who ruled. It is striking then to see that in late colonial Burma, in the 1920s and 1930s, the colonial government struggled to maintain law and order and to embed the rule of law. Violent crime soared while the criminal justice system failed hopelessly for serious offences. This article seeks to explore the ways in which senior British officials in Burma navigated the disjuncture between the imperial principles that were central to colonial justification and Burma's reality. Perhaps most notably, they did so by putting blame for the soaring crime rates and the failures of the criminal justice system firmly on the Burmese. In the early 1940s, however, with the end of colonial rule clearly imminent, the legitimation of the colonial presence became of less pressing importance, and the failure of colonial practice to live up to its ideological rhetoric could now be more openly faced.

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