scholarly journals The importance of addition, competition, collisions of law principles for enforcement and other types of legal activities

2022 ◽  
Vol 5 (4) ◽  
pp. 20-29
Author(s):  
S. V. Biryukov
Keyword(s):  
Law Enforcement ◽  
Systems Approach ◽  
Traditional Approach ◽  
Mutual Exclusion ◽  
Property Relations ◽  
Legal Ideology ◽  
Legal Method ◽  
Scope Of Application ◽  
The Law ◽  
Definition Of

The subject of this research is the problem of combining (interrelation) of various principles of law used in the framework of law enforcement and other types of legal activity.The purpose of the study is to confirm or refute the hypothesis that the principles of law can not only complement each other, but also "collide" with each other when they are used in the framework of legal activity.The research methodology includes dialectics, systems approach, specific sociological methods, culturological and theoretical-sociological analysis, formal legal method. The author describes the degree of scientific elaboration of the problem in foreign and Russian studies, including works devoted to such related topics as the functions of the principles of law and the system of principles of law, as well as the opinions directly on the issue of R. Dworkin and A. Barak.The main results, scope of application. The author substantiates the presence of at least three ways of combining (interconnecting) the principles of law: (1) addition – the concerted action of several principles; (2) competition – limiting the operation of one principle to another; (3) collision – direct contradiction of one principle to another, their mutual exclusion. The definition of factual circumstances, the choice of applicable rules and their interpretation by court or other enforcement official can be influenced by ideology underlying the prevailing practice or the enforcer's own position. The specificity of a particular ideology is correlated by the author with the use of one or another combination of principles of law when making a law enforcement decision. It is shown in the article with specific examples of so-called "complex cases" from the practice of Russian higher courts. Complementing the principles of law is the predominant way of their relationship, used in law enforcement. It contributes to the preservation of the unity of the system of law. At the same time, the consistent implementation of one principle can limit the possibilities for the implementation of others. It leads to the fact in the process of law enforcement that it is often necessary to make a choice in favor of one of the principles within the framework of their competition. This choice is determined by several factors, including not only the established practice (law enforcement customs and precedents), but also the current social context, the position and interests of the law enforcement officer and the participants in the case. Finally, in some cases, situations are possible when the principles of law are mutually exclusive, come into conflict with each other. This, in particular, can occur when the principles of law belong to different systems (subsystems) of law or reflect the peculiarities of the legal ideology of different historical periods. The article identifies certain patterns of combining the principles of law, examines the importance of this topic for studying the issues of legal monism and legal pluralism, shows the importance of complementarity, competition and conflict of principles of law not only for the law enforcement process, but also for the knowledge of law, criticism of law, lawmaking, powerless implementation rights.Conclusions. Although within the framework of the traditional approach for domestic jurisprudence, the essence of law is associated with the interests and property relations reflected in the law, legal ideology has a relatively independent meaning nevertheless. A certain duality is inherent in legal activity, as a result of which the problems of combining interests are expressed precisely through various options for combining the principles and norms of law. It is proved that the system of principles of law is a complex system in which the same principles can be used in various combinations with each other.

scholarly journals Business splitting: compliance with the principle of tax certainty in law enforcement practice

2020 ◽  
Vol 4 (2) ◽  
pp. 41-48
Author(s):  
Karina A. Ponomareva
Keyword(s):  
Tax Evasion ◽  
Legal Consciousness ◽  
Splitting Scheme ◽  
Judicial Practice ◽  
Legal Method ◽  
New Business ◽  
Scope Of Application ◽  
Tax Benefits ◽  
Business Entities ◽  
Definition Of

The subject. The problems of business splitting, when several new business entities are created on the basis of an existing organization in order to maintain a preferential special tax regime, are considered in the article. The aim of this paper is to find out criteria of unjustified tax benefit in the cases concerning business splitting. The methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and analysis of recent judicial practice. The main results, scope of application. The problems of assessing the circumstances of cases involving the application of a business splitting scheme by the taxpayer are inextricably linked to the assessment of the validity of the tax benefit. According to the author, splitting schemes should not be considered as tax evasion, but as an abuse of law. In addition, in order to substantiate the conclusion that a taxpayer has applied a business splitting scheme, the tax authority must have evidence that will indicate that the taxpayer has committed deliberate concerted actions together with persons under its control, aimed not so much at dividing the business as at obtaining an unjustified tax benefit as a result of using such a scheme. Judicial practice is quite ambiguous. Conclusions. The author comes to the conclusion that еhe key concept subject to criticism is the blurred criteria for obtaining tax benefits for taxpayers and the definition of the edge when it passes into the category of unjustified tax benefit.

scholarly journals Contemporary forms and methods of counteracting narcotization of the youth

2020 ◽  
Vol 9 (28) ◽  
pp. 377-385
Author(s):  
Anatoliy Trokhymovych Komziuk ◽  
Ruslan Semenovych Orlovskyi ◽  
Bohdan Mykhailovich Orlovskyi ◽  
Taisa Vasylivna Rodionova
Keyword(s):  
Law Enforcement ◽  
Developed Countries ◽  
Law Enforcement Agencies ◽  
Lower Efficiency ◽  
Systematic Analysis ◽  
Legal Method ◽  
The Developed Countries ◽  
Definition Of ◽  
Major Factors ◽  
Preventive Methods

The purpose of the paper is to examine the most efficient forms and methods of counteracting narcotization in society, especially of the youth, and also to characterize the most important factors of the proliferation of narcotization. The authors used the following methods in the research: dialectical, dogmatic, method of systematic analysis and comparative-legal method. The paper analyses forms and methods of counteracting narcotization of the youth in Ukraine and worldwide. It elaborates the definition of the following terms: “narcotization”, “counteracting narcotization”, “forms of counteracting narcotization” and “methods of counteracting narcotization”. It ascertains that emerging and proliferation of narcotization has a direct correlation with the complex of social factors, each one of them obtained a specific characteristic. Besides analyzing the major factors of emergence and proliferation of narcotization of the youth, the paper gives particular attention to defining forms, methods and means of counteracting this socially harmful phenomenon. The paper studies positive experience in regard to activities of law enforcement agencies of the developed countries in the sphere of counteracting narcotization, including narcotization of the youth. It emphasizes that coercive methods of reducing narcotization have much lower efficiency compared to preventive methods that are generally more humane and economically efficient. The paper formulates the conclusion about the necessity of ongoing engagement of the community in counteracting narcotization of society, especially of the youth.

scholarly journals Application of the concept of collective dominance in the Russian competition law: challenges and solutions

2020 ◽  
Vol 210 ◽  
pp. 13030
Author(s):  
Igor Bashlakov-Nikolaev ◽  
Sergey Maximov
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Legal Regulation ◽  
Formal Approach ◽  
The Law ◽  
Definition Of ◽  
Statutory Regulation ◽  
Collective Dominance

The Russian competition law does not include the definition of the concept of collective dominance, and the notion of this institution itself contains many gaps. The indicated disadvantages of statutory regulation and simplified approaches of the Federal Antimonopoly Service, which became possible due to the formal approach, have led to the formation of controversial law enforcement practice by the antimonopoly authority and courts. The article presents the analysis of legal regulation, as well as the law enforcement practice, and proposition on solutions to the stated problems.

scholarly journals Global Reform of the Labor Code of the Republic of Belarus in 2019-2020 (Issues of Labor and Collective Agreements)

Lex Russica ◽  
2020 ◽  
pp. 143-154
Author(s):  
K. L. Tomashevski ◽  
E. A. Volk
Keyword(s):  
Law Enforcement ◽  
Collective Agreement ◽  
Collective Agreements ◽  
Technical Errors ◽  
Legal Method ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Law ◽  
The Republic ◽  
Personnel Practice

The law of the Republic of Belarus of July 18, 2019 No. 219-Z "On changing laws" introduced significant changes and additions to the Labor Code of the Republic of Belarus. These innovations can be assessed as the third global reform of labor legislation. The importance of this reform is evidenced by the following facts. First, more than 170 articles were corrected. Second, the Code was supplemented with two new chapters. Third, 12 new articles were introduced (except for new chapters), about the same number of articles were excluded. Fourth, 25 articles of the Labor Code of the Republic of Belarus were set out in a new version. The paper analyzes in detail the new legal definitions of labor function, qualification, contract, and local legal acts. The Law of July 18, 2019 No. 219-Z introduced a new Chapter in the Labor Code of the Republic of Belarus on the contract system of employment, which implemented norms from a number of decrees and decrees of the President of the Republic of Belarus. In the course of the last reform, the Labor Code of the Republic of Belarus amended the provisions on the term of the employment contract, employment, transfer, changes in essential working conditions, and dismissal of an employee. The paper reveals a number of conflicts, legal and technical errors and legal uncertainties associated with the adoption of the Law of July 18, 2019 No. 219-Z, which may lead to problems in practice when applying the updated Labor Code of the Republic of Belarus. Special attention is given to the new rules of the Labor Code of the Republic of Belarus on the extension and scope of the collective agreement. The authors make suggestions for improving the labor legislation of Belarus. The comparative legal method is used, in particular, it is compared with the labor legislation of the Russian Federation. It is concluded that the Belarusian legislator has not approached the reform of the Labor Code of the Republic of Belarus in a well-thought-out and scientifically justified way. The shortcomings of the Law of July 18, 2019 No. 219-Z noted in this paper will be overcome and leveled by law enforcement and personnel practice.

scholarly journals The International Criminal Police Organization (Interpol): issues of legal ideology

2020 ◽  
pp. 79-89
Author(s):  
A. I. Klimenko ◽  
A. A. Solukov
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Legal Discourse ◽  
Present Moment ◽  
Functional Potential ◽  
Legal Ideology ◽  
International Regulations ◽  
Unique Nature ◽  
The Law ◽  
Legal Policies

INTRODUCTION. The article is devoted to the problem of identifying the ideological and legal foundations of international cooperation of the criminal police. The paper considers International law as a special ideological form of law. One of the functions of this law is the function of organizing cooperation in combating crime at the international level. The segment of international law governing criminal police cooperation within an organization such as Interpol is primarily involved in the implementation of this function.MATERIALS AND METHODS. Using a socio-axiological approach, which studies the law not as a set of norms, but as a system of conventional values based on needs and interests of social actors in the process of legal discourse, the authors analyse the legal values and ideas that underlie the activities of Interpol. The paper studies international regulations of the Interpol activities as well as the regulations of the activities of the National Central Bureau of Interpol of Ministry of Internal Affairs of Russia, also studies theoretical materials (articles and studies), that could shed light on the aspects of formation and development of these ideas and values on the doctrinal level. The paper undertakes functional and structural analyze of the legal ideology of Interpol. It utilizes dialectical, system, formal-logical and comparative law methods.RESEARCH RESULTS. The authors build the theoretical model of the legal ideology structure and determine its basic functions. Its contents, i.e. values, ideas and principles, could formally manifest themselves in legal documents on both international and/or national levels, or informally emerge in the public legal discourse in the law enforcement field. On the functional level, the legal ideology of Interpol creates ideological foundations for law enforcement, including legal data base for combating crime and co-operation in law enforcement field and law enforcement practices, legitimizes international co-operation in combating crime, brings together international eff ts in combating crime, and strengthens international co-operation in this field. It also facilitates the universalization of the international law order and creation of legal policies in combating crime.DISCUSSION AND CONCLUSIONS. The legal ideology of Interpol is a complex system employing functional potential, that remains to be studied in details. The unique nature of ideas and values (law values), that lay ground for the legal ideology of Interpol, their high effi ency, derive from its particular functions, proven to be valuable on the modern stage of international co-operation in law enforcement field. The legal ideology of Interpol, in terms of its contents, tends to be very specific on the values level, because it encompasses legal values of conventional nature, as well as legal ideas supporting these values, and principles directed at them. Its contents never stop transforming accordingly to ever changing realities of international relations in the process of uninterrupted public legal discourse in law enforcement field. At the present moment, both its flexibility in terms of contents and functional potential allow us to see it as an important factor contributing to the development of the international law.

scholarly journals Genesis of legislation in the field of operational investigative activities in independent Ukraine

2020 ◽  
Vol 3 (3) ◽  
pp. 151-155
Author(s):  
Oleh Yemets ◽  
Olha Zlahoda ◽  
Yevhen Shapovalenko
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Sufficient Information ◽  
Law Enforcement Agencies ◽  
Conceptual Problems ◽  
The Law ◽  
Western Law ◽  
Definition Of ◽  
Time Information ◽  
Subsequent Identification

The purpose of the article is to study the genesis of national legislation in the field of operational investigative activities in independent Ukraine, with the subsequent identification of conceptual problems, as well as the development and publication of proposals to address them taking into account the experience of post-Soviet countries. It is established that the process of formation and becoming of the legal basis for the work of operative subdivisions of authorized state bodies is not complete and it must be continued, as there are problems even with definition of conceptual bases of such activity, in particular related to the requirements of current legislation regarding its grounds. It is a question of whether the operative subdivisions should initiate operative-investigative cases and conduct operational investigative activities or send materials about preparations for a crime to the pre-trial investigation body, except for minor gravity, that is, about crimes being prepared, as well as persons preparing crimes. To solve the problem, we propose to discuss amendments to article 6 of the Law of Ukraine «On operational investigative activities», which would exclude from the list of grounds for conducting for operational investigative activities such as the availability of sufficient information obtained in accordance with the law, requiring verification by means of operational investigative measures, about crimes being prepared, as well as persons preparing crimes. At the same time, information about crimes being prepared, as well as persons who are preparing crimes, should be immediately entered into the Unified Register of Pre-trial Investigations, except for minor ones, and preparation for a crime should be investigated immediately by an investigator. This model is more consistent with the work of Western law enforcement agencies, but, as the study showed, is not typical of post-Soviet countries. These proposals, as well as alternative ones, on the harmonization of operational investigative and Criminal procedure legislation require professional discussion, but changes in one form or another are inevitable. The obtained and published results can be used by scientists in further research in this area, as well as law enforcement officers in the conduct of operational investigative activities and crime investigations.

scholarly journals Concept and structure of the special forces of operative-search activity

2019 ◽  
Vol 73 (2) ◽  
pp. 69-74
Author(s):  
В. М. Давидюк
Keyword(s):  
Law Enforcement ◽  
International Experience ◽  
Structural Elements ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Special Forces ◽  
Criminal Process ◽  
Separate Category ◽  
The Law ◽  
Definition Of

Some essential aspects of the concept of “special forces of operative and search activity” have been revealed, as well as their structural elements have been outlined. Information to clarify the content of the concept of “special forces of operative and search activity” and its certain components has been systematized. The author has studied the interpretation of the relevant components of this term in the literature, as well as taking into account the practical aspects of the organization of operative and search activities. The relevant international experience has been analyzed. Attention has been paid to the fact that only those persons, who cooperate with law enforcement agencies on a confidential basis are logically treated as special forces of operative and search activity. Some aspects of the application of special forces of operative and search activity have been revealed. Emphasis has been placed on ensuring secrecy and confidentiality in the use of special forces of operative and search activity. It has been emphasized that in case of the fulfillment of the tasks of operative and search activity such forces get a special attitude from the law enforcement agencies. The author has attempted to classify such forces, and has defined the attributes relevant to them. Based on the research, the definition of special forces of operative and search activity has been provided – it is a separate category of forces of operative and search activity, which does not belong to the subjects of operative and search activity, but indirectly and on a confidential basis promotes the fulfillment of tasks of operative and search activity and criminal process. The author has substantiated that disclosing party and anonymous author, who provide information on a confidential basis, belong to special forces of operative and search activity.

Second Thoughts on Property Relations and Exploitation*

1989 ◽  
Vol 15 ◽  
pp. 255-266
Author(s):  
John E. Roemer
Keyword(s):  
Labor Market ◽  
Traditional Approach ◽  
Classical Approach ◽  
Property Relations ◽  
Per Capita ◽  
Definition Of ◽  
Productive Assets ◽  
The Relationship

The definition of capitalist exploitation that I put forth was as follows. Let a society be divided into a coalition S and its complement S’. S is exploited and S’ is exploiting if: (1) S would be better off if it withdrew with its per capita share of productive, alienable assets; (2) S’ would be worse off if it withdrew with its per capita share of productive, alienable assets; and (3) S’ would be worse off if S withdrew from society with its own assets. Call this the property relations (PR) definition of exploitation. I favored the PR definition over the traditional approach, which focuses upon the relationship between capitalist and worker mediated by a labor market and consummated at the point of production, because the classical approach fails to locate the source of exploitation in the unequal and unfair distribution of the productive assets.

scholarly journals Peningkatan Koordinasi Struktur dalam Penegakan Hukum Illegal Fishing di Aceh

2020 ◽  
Vol 22 (3) ◽  
pp. 531-546
Author(s):  
Adwani Adwani ◽  
Sulaiman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Law Enforcement Agencies ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Legal Method ◽  
Research Findings ◽  
The Law

Tujuan penelitian ini untuk menganalisis bagaimana koordinasi struktur dalam penegakan hukum terhadap penangkapan ikan ilegal di perairan Aceh. Analisis ini berdasarkan pemahaman bahwa pemanfaatan sumber perikanan yang dilakukan oleh kapal perikanan harus selalu berdasarkan izin. Khusus bagi nelayan kecil dikecualikan. Realitasnya penangkapan ikan banyak terjadi secara ilegal, sehingga perlu dilakukan penegakan hukum terhadap pelaku pelanggaran. Penelitian ini menggunakan metode sosio-legal, dengan melihat hukum yang tidak terpisahkan dari berbagai faktor lain. Temuan penelitian menunjukkan bahwa penegakan hukum belum terlaksana secara efektif. Struktur yang terlibat dalam penegakan hukum di laut adalah Penyidik Pegawai Negeri Sipil, Tentara Nasional Indonesia Angkatan Laut, dan Kepolisian Air dan Udara. Penegakan hukum dilakukan melalui pengawasan dan penangkapan terhadap kapal-kapal yang melakukan penangkapan ikan secara ilegal. Sebanyak 36 kapal ditangkap dan dikenakan sanksi hukumnya. Koordinasi struktur dalam penegakan hukum masih kurang. Disarankan supaya dilakukan penegakan hukum secara terus-menerus yang efektif dan dilakukan koordinasi secara intensif antara para penegak hukum dengan memperkuat personil dan peralatan dalam penegakan hukum di laut. Improvement of Structural Coordination in Illegal Fishing Law Enforcement in Aceh This study aims to analyze the structural coordination in law enforcement against illegal fishing on the Aceh coast. This analysis is based on the understanding that the use of fisheries by fishing vessels must always be based on a permit. Especially for small fishermen it is excluded. In fact, many fishing occurs illegally, so it is necessary to enforce the law against the perpetrators. This research uses the socio-legal method, by looking at the law that is inseparable from various other factors. Research findings indicate that law enforcement has not been implemented effectively. The structures involved in the law enforcement are Civil Servant Investigators, the Indonesian National Army, the Navy, and the Air and Water Police. Law enforcement is carried out through the supervision and arrest of vessels fishing illegally. A total of 36 ships were arrested and subject to sanctions. Structural coordination in law enforcement is lacking. It is recommended that effective continuous law enforcement and intensive coordination between law enforcement agencies be carried out by strengthening personnel and equipment in law enforcement at sea.

scholarly journals To the problem of improving normative legal basis of organization of local self-government in Russia

2017 ◽  
Vol 1 (3) ◽  
pp. 108-116
Author(s):  
Olga Bazhenova
Keyword(s):  
Local Government ◽  
Legal Regulation ◽  
State Regulation ◽  
Regulatory Framework ◽  
Systematic Analysis ◽  
Division Of Powers ◽  
Legal Method ◽  
Scope Of Application ◽  
Definition Of ◽  
Legal Mechanism

The subject. The crisis of local self-government actualizes the problem of effectiveness oflegal regulation of the issues of its organization.The purpose of the paper is evaluation of the effectiveness of the regulatory framework forthe organization of local government.The methodology of research includes systematic analysis, formal legal method, interpretationof legislation.The results and scope of application. The crisis of local self-government actualizes the problemof effectiveness of legal regulation of the issues of its organization. Evaluation of theeffectiveness of the regulatory framework for the organization of local government is reducedto two questions: what are the limits of state legal regulation and what are the beginningof the division of powers on the organization of local government between the RussianFederation and the subjects of the Russian Federation.Recognizing the optimal legislative approach to the definition of the limits of state regulation,which assumes the creation at the federal level of a full-fledged legal mechanism for the implementationof local self-government, subject to its combination with the beginning of municipalself-regulation, the author criticizes the legislative approach to delineating the powersto organize local self-government between the Federation and the subjects of the Federation.Conclusions. Due to the legislative formula, according to which the scope of regional powersdepends on the discretion of the federal legislator, the local self-government turned out tobe "hostage" to the emerging federal relations.

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