scholarly journals Evaluation criteria contained in the penal legislation, and features of their application

2021 ◽  
Vol 225 (2) ◽  
pp. 27-37
Author(s):  
E.E. NOVIKOV ◽  
Keyword(s):  
Law Enforcement ◽  
Key Words ◽  
Evaluation Criteria ◽  
Active Participation ◽  
Educational Activities ◽  
Enforcement Officer ◽  
Law Enforcement Officer ◽  
The Law

Abstract. Based on the results of a survey of practitioners, the article examines the assessment categories, most difficult for a law enforcement officer, contained in the criminal executive legislation, such as «good behavior», «conscientious attitude to work», «active participation in educational activities», «extraordinary personal circumstances», «active participation in educational activities» and others. The paper highlights the legal features that form the most complex assessment categories, which the law enforcement officer must study when identifying, registering and applying the relevant concepts. Key words: assessment categories, legal facts, convict, criminal-executive legal relations, conscientious attitude to work.

scholarly journals Public Policy Interests and Algorithm for Determining the Law Applicable to Private Law Relations Complicated by a Foreign Element

2021 ◽  
Vol 16 (4) ◽  
pp. 184-192
Author(s):  
A. A. Shulakov
Keyword(s):  
Public Policy ◽  
Law Enforcement ◽  
Public Order ◽  
Private Law ◽  
Law And Order ◽  
Applicable Law ◽  
Cross Border ◽  
Enforcement Officer ◽  
Law Enforcement Officer ◽  
The Law

The study contains a step-by-step algorithm for determining the law applicable to private cross-border legal relations. The algorithm is developed based on legislation, law enforcement practice and doctrine. The initial rule of the sequential execution of the stages (steps) of the algorithm is a mechanism in which the determination of the law applicable to the legal relationship at one of the stages excludes the subsequent stages of the algorithm. Public policy interests dictate the rules for determining the law to be applied to private law relations complicated by a foreign element. The establishment by the legislator and law enforcement officer of the closest connection between the interests of conflicting public orders (legal orders) with elements of cross-border legal relations is the basis for the process regulation in the Russian Federation. At the first, second and third stages of the algorithm, the interests of the domestic public order (law and order) dominate. At the fourth stage of the algorithm, public interests in the part not regulated by super imperative norms are correlated with the agreement of the parties on the choice of the applicable law. At the fifth — eighth stages of the algorithm, the law enforcement officer is guided by the rules established by the legislator taking into account the interests of public orders that are conflicting in cross-border legal relations. At the last, ninth stage of the algorithm, the applicable law is established by the judge based on the closest connection between the interests of public order (law and order) with elements of crossborder legal relations.

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