scholarly journals To the question of functionality of administrative compulsion

2020 ◽  
pp. 27-35
Author(s):  
Aleksei Valentinovich Kurakin
Keyword(s):  
Law Enforcement ◽  
General Theory ◽  
Theoretical Framework ◽  
Administrative Law ◽  
Theoretical Research ◽  
Work Adjustment ◽  
Scientific Development ◽  
Principal Function ◽  
The Law ◽  
Theory Of Law

This article explores the problems of application of measures of administrative compulsion, pays attention to functionality of measures of administrative compulsion, as well as state the thesis on the fact that despite vast attention to the issue of administrative compulsion, its functions lack scientific development. Considering the theoretical research, the author notices that functionality of administrative compulsion is predefined by the functionality of separate measures of administrative compulsion. Therefore, emphasis is made on the functions of some of the administrative compulsory measures. The theoretical framework of the study is comprised of the works of general theory of law and recent achievements in the science of administrative law. The conclusions of the research consist in a number of proposals on lowering the level of administrative compulsion in the law enforcement work, adjustment of the goals of some types of measures of administrative compulsion, as well as improvements to the positions of legislation determining functionality of certain measures of administrative compulsion. The article highlights the fact that the principal function of administrative compulsion consists in protection of rights and liberties of the citizens.

Philisophy and Theory of Law

2015 ◽  
Keyword(s):  
Public Policy ◽  
Human Resource ◽  
Administrative Law ◽  
Corporate Law ◽  
Medical Law ◽  
The Real ◽  
The Law ◽  
Theory Of Law ◽  
Substantive Law ◽  
Massive Information

Understanding of the philosophy and theory behind the law is significance to law makers, legal practitioners, academicians and laymen. The rationales are to have some understanding of public policy and the real aim of the laws that made up particular practices or the root of practices. Therefore, this book highlight selected philosophy and theory of laws in the area of commercial, financial and corporate law; medical law; constitutional and administrative law and lastly human resource law. The massive information and knowledge in this book will benefits law makers, legal practitioners, academicians, universities students in understanding the philosophy and theory of the law first, before appreciating and applying the substantive law in their profession and life.

scholarly journals Operational and Intelligence Activities of the Law Enforcement Agencies in the System of Ensuring National Security

2021 ◽  
Vol 108 ◽  
pp. 03017
Author(s):  
Alexander Ivanovich Melikhov ◽  
Gennady Svyatoslavovich Pratsko ◽  
Victoria Aleksandrovna Chistova ◽  
Olga Dmitrievna Tyutyunik ◽  
Olga Aleksandrovna Nenakhova
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Legal Aspects ◽  
Information Support ◽  
Scientific Development ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
Stage Of Development ◽  
Human Need ◽  
The Law

The transition to the postmodern stage of development of Russian society, by the subsequent change of the system of civilizational values, required the scientific development of a new attitude to security as a basic human need with regard to changing the nature of traditional threats and interests and the emergence of completely new ones. The process of globalization being developed in the information age weakens traditional state institutions and requires a new look at national security not only as a category of foreign policy and military matters but also as an internal problem solved through operational and intelligence activities. The purpose of the study was to identify the current problems in the theory of national security by means of an analysis of scientific studies of the phenomenon of security in Russia; to consider security as a function and feature of the social system; to consider the Operational and intelligence activities of the law enforcement agencies as a mean for ensuring national security; to identify the conditions and factors of operational and intelligence activities that negatively affect the effectiveness of ensuring national security. In the course of the research, using computer indexing, about 1300 scientific, educational and methodological sources on national security and internal affairs issues have been processed and analyzed in the semantic, philosophical and legal aspects. The study examines modern theoretical and practical problems of ensuring national security as part of operational and intelligence activities of the law enforcement agencies. Operational and intelligence activities is considered in the national security system as a means of its information support, as well as as a tool for combating criminal, military and other threats. For the first time, considered are the conditions and factors of the operational and intelligence activities that negatively affect the effectiveness of ensuring national security.

scholarly journals Properties of constitutional principles

2021 ◽  
Vol 5 (3) ◽  
pp. 126-136
Author(s):  
S. A. Mosin
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Basic Rule ◽  
Constitutional Principle ◽  
The Law ◽  
Theory Of Law ◽  
The Stability ◽  
The Trinity

The subject. The article is devoted to the study of the trinity of properties of constitutional principles.The purpose of the article is to confirm the hypothesis that constitutional principles, often perceived by researchers and law enforcement officials as abstract norms with declarative content, are in fact full-fledged legal institutions that are endowed with all the necessary properties to achieve constitutional goals. In this regard, the article analyzes the property of axiomaticity, the property of presumptivity and the property of fictitiousness of constitutional principles.The methodology. The systemic-structural, comparative, formal-legal and formal-logical methods made it possible to identify and characterize the properties of constitutional principles, such as axiomaticity, presumptivity and fictitiousness. The use of these methods in their combination predetermined the appeal not only to topical problems of constitutional law, but also to issues of the theory of law, as well as other branches of law, which made it possible to most objectively and comprehensively approach the study of the properties of constitutional principles.The main results of the research. The trinity of the properties of the constitutional principle lies in the fact that the constitutional principle formulates the basic rule and determines the direction of development of the legal system and thereby has the property of axiomaticity. At the same time, the constitutional principle has the property of presumptivity due to the duty of the law enforcement officer to proceed from the assumption of compliance with the provisions of such a principle by all subjects of legal relations. Thereby constitutional principle ensures the necessary stability of the legal system of the state. At the same time, in order to achieve full-fledged stability of the legal system, along with the assumption that the subjects of legal relations comply with the provisions of the constitutional principles, it should be possible to monitor such compliance. In the absence of prior control over compliance with the provisions of the law, the solution is the application of legal presumptions. In this regard, within the framework of the presumptive property of constitutional principles, constitutional presumptions are inextricably linked with the corresponding constitutional principles. In turn, having the property of fictitiousness, the constitutional principle allows to interpret the provisions that make up such a constitutional principle and, as a result, create the necessary regulatory legal framework.Conclusions. Constitutional principles are the driving force of the legal system. They fill all legal relations without exception with legal meaning and content and have a special meaning due to their irreplaceability and the obligation to strictly observe them. In turn, the trinity of properties of the constitutional principles reflects their legal essence as fundamental normative provisions that determine the generally binding basic rules and directions of the development of the legal system, ensure the stability of the legal system of the state, and also have the possibility of timely development and adaptation to the changing legal reality.

THE EFFECT OF CIVIL PROCEDURAL LAW IN TIME

2021 ◽  
Vol 11 (3) ◽  
pp. 132-152
Author(s):  
V.G. GOLUBTSOV
Keyword(s):  
Law Enforcement ◽  
Theoretical Analysis ◽  
Time And Space ◽  
Temporal Characteristics ◽  
Insufficient Attention ◽  
Procedural Law ◽  
The Law ◽  
Theory Of Law ◽  
The Moment ◽  
Over Time

The theoretical analysis of the features of the application of the norms of civil procedural law over time in the modern agenda is given, it seems undeservedly, insufficient attention. Despite the fact that the operation of legislation in time and space is the basis of theoretical constructions in law, and law enforcement constantly operates with these categories, in the theory of procedural law in this part there is no complete clarity, as well as there is no system of interrelated established views on a number of individual topical issues related to temporality. Not limited to the problem of reversibility/irreversibility of the operation of the law, which is generally accepted in the theory of law, the author addresses the logical and epistemological boundaries of the concept of “change of civil procedural law”, analyzes extraordinary cases of changes in legislation, examines the criterion “the moment of the commission of procedural actions”. In conclusion, the author notes that the same normative act of civil procedural law may have not one, but several temporal characteristics. Variants of this multiplicity may be different. However, in the science of civil procedural law they are not actually studied.

Public Outcry and Police Behavior

2016 ◽  
Vol 16 (2) ◽  
pp. 619-645 ◽  
Author(s):  
Gregory DeAngelo ◽  
Bryan C. McCannon
Keyword(s):  
Law Enforcement ◽  
Social Norms ◽  
Empirical Studies ◽  
Theoretical Framework ◽  
Neighborhood Context ◽  
Prior Beliefs ◽  
Law Enforcement Officials ◽  
The Law ◽  
And Performance

Abstract Numerous empirical studies have documented policing behavior and response to public opinion, social norms, changing laws, neighborhood context and a litany of other subject areas. What is missing from this literature is a general theoretical framework that explains the conflicting goals of properly applying the law and responding to social norms and the consequences of the law. We build a theoretical framework where law enforcement officials care about both reputation and performance. Outside evaluations assess the quality of the decision making of the officers, but can be influenced by strategic challenging of the sanctioning by the suspected violators. We first establish that reputational concerns can distort law enforcement, encouraging either over-enforcement or under-enforcement of the law, depending on the prior beliefs of violations and the observed signal. Introducing strategic challenging by the violator eliminates over-enforcement and allows for an even larger reduction in application of the law by less-skilled officers. Connections to empirical findings of distortions in law enforcement, along with an extension to deterrence are highlighted.

O FATO JURÍDICO NO DIREITO ADMINISTRATIVO BRASILEIRO

2020 ◽  
Vol 4 (14) ◽  
pp. 139-164
Author(s):  
Vladimir Da Rocha França
Keyword(s):  
General Theory ◽  
Administrative Law ◽  
Fundamental Concept ◽  
Law System ◽  
Empirical Basis ◽  
Positive Law ◽  
Theory Of Law ◽  
Legal Fact

O conceito de fato jurídico é conceito fundamental da Teoria Geral do Direito e se mostra relevantíssimo para a compreensão do fenômeno jurídico no âmbito do Direito Administrativo. O objetivo do presente ensaio é expor e analisar o conceito de fato jurídico no Direito Administrativo, tendo-se como base empírica o sistema do Direito Positivo brasileiro. The concept of legal fact is a fundamental concept of the General Theory of Law, and it proves to be extremely relevant to the understanding of the legal phenomenon within the scope of Administrative Law. The purpose of this essay is to expose and analyze the concept of legal fact in Administrative Law, having as an empirical basis the Brazilian Positive Law system.  

scholarly journals The Concept of Administrative Law Prevention in the Modern Legal Thought

2021 ◽  
Vol 6 ◽  
pp. 26-29
Author(s):  
Aleksey M. Peresedov ◽  
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Authorities ◽  
Legal Thought ◽  
State Coercion ◽  
The Law ◽  
Modern Russian

In this article, the author studies the ideas of modern Russian scientists regarding administrative and legal prevention and its relationship with the mechanism of state coercion. In addition, the author analyzes the degree of compliance of such views with current Russian legislation and the law enforcement practice of public authorities.

scholarly journals AGREEMENT OF THE WILLS FROM THE CONTRACTUAL PARTIES AS ONE OF THE CONDITIONS TO MAKE A DEAL

2018 ◽  
Vol 28 (6) ◽  
pp. 1953-1957
Author(s):  
Aleksandra Patoska
Keyword(s):  
Administrative Law ◽  
The Other ◽  
Written Text ◽  
Theoretical Structure ◽  
Frequent Use ◽  
The Will ◽  
The Law ◽  
Theory Of Law ◽  
The One ◽  
The Right

Every agreement of the wills among two or more persons who make mutual law relation or changes or calls of the existing law relation is named as a contrast in the theory of law. According its characteristics, the law relations may be different - obligatorious, familliarious, hereditorious, administrativ, merchanditorious etc., because of what the contracts as instruments of law regulations of that relationships are published in different law branches, like: familly law, heretige law, administrative law, merchandise law etc. Regarding its theoretical structure and frequent use and meaning in the law practice, the obligatory contracts are separated - those which may make obligatory relationships.The obligatory relationships are law connection among two or more parties from which one of them has the right to ask for, and the other is obligated to give the asked or to do, or not to do, or to bear it. The essence of the obligatory relation is in the right of the creditor to ak from the debtor to fulfille his obligation, which means - basicly - they are in creditor - debtor's relationships. Therefore, the obligatory contracts are double law acts according to which, in the agreement of the wills between two parties, the one part obeys to give something, to do or not to do something, or to bear something in the benefit of the other part, the part which takes that obligation as its right.The agreement of the wills of the contractual parties is one of the four common conditions of the genezes of a contract. It is realized by equality of the different whishes and different aims which the parties like to reach by making an agreement. There are the questions which I am trying to answer in my written text: about law relevant will, the atributes which the will should possesse, the ways of giving the will and, at the end, coordinating the wills of the two parts which goes to make the contact. The coordinating of the wills should be done on a legalized or usual way, frequently or usually by giving an offer from the first part and reaching the offer from the other one. That is the most usual mode of implementation the reunification of the wills between the contractual parts.

scholarly journals The Criteria of “Legitimacy” and “Unlawfulness” in the Study of the Processes of Counteraction to the Law

2020 ◽  
pp. 057-065
Author(s):  
N. I. Sukhova ◽  
Keyword(s):  
General Theory ◽  
Points Of View ◽  
The Law ◽  
Theory Of Law

The article considers issues that form the basis of theoretical and related to all the main topics of the general theory of law – the concepts of “legitimacy” and “unlawfulness”. The analysis of the points of view available in science on understanding these forms of thinking led to the conclusion that their meaning is ambiguous and limited. The main goal of the study is to make an attempt to propose an author’s concepts of understanding legitimacy and unlawfulness, using the identified weaknesses of the theoretical positions on these issues. The result of the study was the author’s conclusion about the nature, extent of the meaning of these concepts and the limits of their use in the study of processes of counteraction to the implementation of the law.

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