scholarly journals The structure of logical, prescriptive and specialized legal norms

2021 ◽  
Vol 5 (2) ◽  
pp. 45-61
Author(s):  
V. V. Kozhevnikov
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
The Status ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
Logical Norm

The subject of this article is the norms of contemporary Russian law. The purpose of the article is the author's vision of the problem concerning the structure of the norms of contemporary Russian law. The following tasks were solved to achieve this goal: 1) to show the importance of the structure of the rule of law; 2) to analyze the arguments of both supporters and opponents of the three-tier structure of the logical rule of law; 3) substantiate the two-tier structure of prescriptive norms; 4) determine the status of specialized legal norms and their types; 5) to substantiate the author's vision of specialized legal norms.The author uses a system of methods such as: general philosophical (dialectical-materialistic), general scientific (analysis and synthesis, induction and deduction, etc.), special (philological, etc.), private scientific (formal-dogmatic, interpretation, etc.) methods. Conclusions. The author is not a supporter of the three-tier structure of the logical norm of law. It seems that theory and legal practice should focus on the structure of norms-prescriptions (regulatory and protective), respectively highlighting the hypothesis and disposition and the hypothesis and sanction. As for the specialized norms of law (declarative, norm-principles, definitive, operational), they include such structural components as a supposed hypothesis and a real disposition. Conflict norms as a kind of specialized norms include a real hypothesis and a real disposition.

scholarly journals About the Status of Law Norms

2021 ◽  
Vol 1 (2) ◽  
pp. 58-68
Author(s):  
Vladimir Valentinovich Kozhevnikov
Keyword(s):  
Social Sciences ◽  
Point Of View ◽  
Scientific Article ◽  
Special Sciences ◽  
Legal Literature ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
The Status ◽  
General Scientific ◽  
The Subject

This article analyzes the problem of recommendatory norms in Russian literature, both Soviet and modern, which is solved ambiguously. As for Soviet theoretical scientists, recommendation norms were the subject of study by such authors as Nikolai Grigorievich Alexandrov, Alexander Filippovich Shebanov, Peter Yemelyanovich Nedbailo, Vladimir Srgeevich Petrov, Valery Evaldovich Krasnyansky. Viktor Mikhailovich Gorshenev, Cecilia Abramovna Yampolskaya, Vladimir Matveevich Solyanik, Viktor Lavrenievich Kulapov, whose scientific works are given below. Regarding modern legal literature, unfortunately, we have to state that, basically, with rare exceptions (scientific articles by Vladimir Valentinovich Kozhevnikov, Alexander Evgenievich Kondratyev, Sadri Salikhovich Kuzakbirdiev), this problem is considered only in educational literature. When preparing a scientific article, the following methods were used: general philosophical (dialectical-materialistic), which is used in all social sciences; general scientific (analysis and synthesis, logical and historical, comparisons, abstractions, etc.), which are used not only by the theory of state and law, but also by other social sciences; special methods (philological, cybernetic, psychological, etc.), developed by special sciences and widely used for the knowledge of state and legal phenomena; private scientific (formal legal, interpretation of law, etc.), which are developed by the theory of state and law. Soviet scientists - legal theorists: supporters and opponents of the recognition of recommendatory norms of law.  From the point of view of scientists, a "recommendatory" -containing recommendation, i.e. advice, wish [1], instruction [2].

scholarly journals Custom and law and order in the anthropological and legal perspective

2021 ◽  
Vol 2021 (3) ◽  
pp. 10-16
Author(s):  
Irina Lomakina
Keyword(s):  
Rule Of Law ◽  
Classical Type ◽  
Human Society ◽  
Traditional Values ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Social Law ◽  
Legal Perspective ◽  
The Status ◽  
New Research

In this article, the author raises the problem of understanding legal customs in the context of the existence of the rule of law, which is not limited only to a set of legal norms and forms of their objectification. The author reveals that the new methodological situation requires a more adequate vision of legal phenomena, including legal customs. For this purpose, the anthropological and legal approach is proposed as a new research program that acts as an alternative to such classical approaches as positivism and natural law. Therefore, the author states that the use of the anthropological and legal approach as a kind of a non-classical type of scientific rationality, focusing on the intersubjectivity of legal phenomena that form the rule of law through social practices with the activity orientated, value-based, formal-dogmatic aspects of the existence of law, is a more constructive strategy in the study of legal customs in particular, and the rule of law in general. The article highlights the different nature of legal and juridical customs. The author proves that legal customs cannot be reducible to juridical ones from the standpoint of the anthropological and legal approach. Juridical customs fall under legal ones and do not reflect the full concept of legal customs. It is noted that legal customs sanctioned by the jurisdictional authorities acquire the status of juridical ones. Legal customs, in turn, are a kind of social law; they constitute the traditional legal order, along with traditional values, principles and institutionalized activities in a socially significant sphere. The author actualizes the idea that legal customs existed, exist and will exist in a socially significant sphere, and sees them as a «shadow» accompanying human society throughout its entire lifetime.

SUBJECTS EXECUTING CUSTODIAL SENTENCES: CONCEPT, CHARACTERISTICS, CLASSIFICATION

2021 ◽  
pp. 82-88
Author(s):  
Ренат Зинурович Усеев
Keyword(s):  
Scientific Article ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Legal Basis ◽  
Legal Norms ◽  
Analysis And Synthesis ◽  
Deductive Method ◽  
The Status ◽  
The Subject ◽  
State Coercion

В последние десятилетия окончательно определена правовая основа служебной деятельности сотрудников уголовно-исполнительной системы и исправительных учреждений. Сотрудники исправительных учреждений помимо субъекта несения службы являются важным субъектом, на которого государством возложены полномочия по приведению в исполнение меры государственного принуждения - наказания (самостоятельно или в составе учреждения, органа). Субъекты, исполняющие наказания в виде лишения свободы, обладают определенными признаками. К ним относятся: внешняя обособленность, персонификация, способность вырабатывать, выражать и осуществлять персонифицированную волю, приобретение свойства субъекта права в силу юридических норм. Рассматриваемых субъектов следует классифицировать на три группы: 1) исправительные учреждения (территориальный орган ФСИН России); 2) коллективные субъекты, исполняющие наказания (администрация, персонал (работники) исправительных учреждений); 3) персональные субъекты, исполняющие наказания (начальник исправительного учреждения, сотрудник исправительного учреждения). Цель работы - показать роль и значение субъектов, исполняющих наказания в виде лишения свободы, определить их ключевые черты и установить виды (персональные, коллективные либо имеющие статус юридического лица). Методами исследования в научной статье явились универсальные методы (анализ и синтез, индукция и дедукция, аналогия и классификация); теоретические методы (абстрагирование, гипотетико-дедуктивный метод) и др. Выводы и результаты работы определяются достижением ее целей. In recent decades, the legal basis for the official activities of employees of the penitentiary system and correctional institutions has been finally determined. Employees of correctional institutions, in addition to the subject of service, are an important subject to whom the State has the authority to enforce a measure of state coercion - punishment (independently or as part of an institution, body). Subjects who execute sentences in the form of deprivation of liberty have certain characteristics. These include: external isolation, personification, the ability to develop, express and exercise a personalized will, the acquisition of the property of the subject of law by virtue of legal norms. The subjects under consideration should be classified into three groups: 1) correctional institutions (territorial body of the Federal Penitentiary Service of Russia); 2) collective subjects executing punishments (administration, staff (employees) of correctional institutions); 3) personal subjects executing punishments (the head of a correctional institution, a correctional institution employee). The purpose of the work is to show the role and significance of the subjects executing sentences in the form of imprisonment, to identify their key features and to establish types (personal, collective or having the status of a legal entity). The research methods in the scientific article were universal methods (analysis and synthesis, induction and deduction, analogy and classification); theoretical methods (abstraction, hypothetical and deductive method), etc. The conclusions and results of the work are determined by the achievement of its goals.

Rehabilitation of Victims of Political Repression as a Comprehensive Criminal Procedure Institute

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Sergey Vorobev
Keyword(s):  
Criminal Procedure ◽  
Comparative Law ◽  
Legal Regulation ◽  
Political Repression ◽  
Scientific Analysis ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
Characteristic Features ◽  
Regulatory Actions

The article is devoted to development problems of the criminal procedure Institute of rehabilitation. The author makes a scientific analysis of the formation of the institute of rehabilitation as a comprehensive criminal procedure institute aimed at restoration of social justice for victims of political repression. In addition, the article describes characteristic features of the regulatory actions of the institute of rehabilitation in the system of the Russian law in its historical, political, and unique processes. In this paper we use modern general scientific and special methods of cognition: analysis, synthesis, historical, legal, structural-functional, normative-logical, comprehensive and comparative law. Scientific novelty of the work lies in consideration of normative-legal regulation of the institute of rehabilitation of victims of political repression as a comprehensive legal institution. Also this article reflects the author’s subjective position on the subject.

scholarly journals Political Parties and the Rule of Law, Kosovo’s Perspective

2017 ◽  
Vol 5 (8) ◽  
pp. 44
Author(s):  
Luz Balaj ◽  
Florent Muçaj
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Political Life ◽  
The Political ◽  
Law And Order ◽  
The Rule Of Law ◽  
Scientific Analysis ◽  
The Reformation ◽  
General Scientific

The role of political parties in increasing the capacities for the rule of law and the internal development of political parties, are two issues among several ones discussed in this analysis. The reformation of political parties from nationwide movements in structured political parties was and remains a very little analyzed process. The developments in Kosovo and the solution of its final status have distracted the political parties from having the dedication towards many vital issues, such as rule of law, their internal reformation. In the end I have analyzed another issue which appears as an obstacle for substantial reforms of political parties, which is the lack of constitutional control for political parties’ programs and their way of functioning.The treatment of the organization of political life, focusing on the role of political parties and their dedication for law and order, is undoubtedly a substantial and analytical innovation, important for the political parties themselves. Having a look in general scientific analysis for political parties not only within Kosovo, we can understand that studies that treat certain segments of political parties, especially their platforms, are quite late.

scholarly journals A Juridical Study of the Policy for Determining Separatism in Papua as Terrorism

2021 ◽  
Vol 04 (12) ◽  
Author(s):  
Elias Hence Thesia ◽  
Keyword(s):  
Rule Of Law ◽  
Government Policy ◽  
Research Method ◽  
Legal Research ◽  
The Rule Of Law ◽  
Legal Norms ◽  
The Status ◽  
Research Goal ◽  
The Government ◽  
Research Show

This research goal was to find out the Government Policy on Establishing the Status of Free Papua Organization (Organisasi Papua Merdeka – OPM) or known as separatism in Papua through Law No. 5 of 2018 on Eradication of Criminal Acts of Terrorism. The policy aims to soak up the situation of conflict in Papua caused by separatism. The research method used in this research was normative juridical with the type of research conducted was legal research to seek and discover the principles and rules that regulate status, which was to be presented as a match between the rule of law and legal norms. The results of the research show that the government's actions through issuing a policy establishing the status of the Free Papua Organization or known as separatism as terrorism. The policy was also issued without looking at the factors or motives for the emergence of separatism in Papua. This determination will certainly have an impact on the actions of the apparatus who abuse their power, which in fact does not solve the problem in Papua, but will lead to human rights violations.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

THE WIDENING GYRE: COUNTER-TERRORISM, HUMAN RIGHTS AND THE RULE OF LAW

2008 ◽  
Vol 67 (1) ◽  
pp. 69-91 ◽  
Author(s):  
Arthur Chaskalson
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Internet ◽  
The Rule Of Law ◽  
Counter Terrorism ◽  
Daunting Task ◽  
The Subject ◽  
Google Search ◽  
Is Value ◽  
Do So

There are two themes that recur in previous Sir David Williams lectures. First, that it is a considerable honour to be invited to give the lecture. Secondly, that it is a daunting task to do so in the presence of Sir David, particularly in a field in which he has expertise. Since that covers most of the law there is no escape from this dilemma. Let me then acknowledge the privilege of having been asked to give this year's lecture, and confess that it is with some trepidation that I do so. The subject, terrorism and human rights, is not exactly uncharted territory. When I looked into the internet for some guidance on what might be relevant to terrorism and human rights, the response to my Google search informed me that in .03 seconds 32,900,000 references had been found. This seemed to indicate that it was unlikely that I would be able to say anything that has not already been said. But there are some subjects that are of such importance that there is value in reminding ourselves of the issues that are at stake, and if necessary for that purpose, repeating what others have said. And it is with that in mind that I approach my chosen topic.

scholarly journals Treasury Control of Budget Expenditures of the Russian Federation Constituent Entities: Practice and Optimization Opportunities.

2021 ◽  
Vol 27 (8) ◽  
pp. 1894-1910
Author(s):  
Marzhinat I. KANKULOVA ◽  
Sabina Z. OSMANOVA
Keyword(s):  
Russian Federation ◽  
Business Processes ◽  
Practical Interest ◽  
Budget Process ◽  
Labor Costs ◽  
Analysis And Synthesis ◽  
Automated Information System ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

Subject. This article examines the business processes of treasury control in the course of authorizing budget expenditures of the subject of the Russian Federation. Objectives. The article aims to develop recommendations for improving the business processes of treasury execution of budget expenditures of the subject of the Russian Federation. Methods. For the study, we used the methods of formalization, analysis and synthesis, induction and deduction, comparison, observation, and other general scientific theoretical and empirical research methods. Results. The article identifies reserves for increasing the potential of treasury control of the financial body of the Russian Federation subject by modifying the functionality of the budget process automated information system. It offers recommendations to increase the number of transactions for which extensive documentary control is carried out, while reducing the labor costs for performing the same type of current operations. Conclusions and Relevance. The proposals to optimize treasury control are in line with the solution of common tasks for the development of modern technologies for budget execution based on digitalization and automation of budget procedures. The results obtained may be of practical interest to the financial authorities of the Russian Federation constituent entities (municipalities) that implement their budgets independently through the current budget account opened at the Federal Treasury.

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