The incorporation of ethical and bioethical rules in Law

The ethics of the health professions and bioethics constitute a source for the legal norm, especially for those of health law. The provision of health services, eventually, due to its experimental and interventionist nature, can put at risk the legal assets of the person such as dignity, life and integrity, so that the obligations derived from ethics and bioethics, As a normative framework, they must be observed by health personnel.

Methodological Aspects of the Dynamics of Legal Relationships as a Social and Legal Phenomenon

The article is devoted to the study of legal relationship as a phenomenon that exists in two modes of being of law: legal reality and legal validity. Classical approaches to the definition of a legal relationship as a social relationship regulated by law are criticized. The understanding of the legal relationship as a result of the implementation of legal norm is also criticized. It is recognized that these approaches do not fully provide a scientific characteristic of legal relationships as a social and legal phenomenon. Instead of the usually distinguished elements of a legal relationship in the form of a subject, object and content, it is proposed to study its dynamic parameters. The dynamics of a legal relationship is considered as a result of the intentionality of the legal consciousness of its subject. In legal reality, a legal relationship is studied as a social action in the conditions of adaptation of the subject to the environment. This legal relationship is due to the general normativity of biological, social and technical origin. The vital normativity of legal reality is considered as a determinant of legal relations. The locus of control in this legal relationship is focused on the subject exercising its rights and fulfilling its obligations. In legal validity, the legal relationship is due to the intentionality of the legal consciousness of the subject to implement legal norms through legal interaction with other participants in the legal relationship. The normativity of legal reality is based on legal regulation through legal acts (individual and general). In such a legal relationship, the subjects exercise their legal capabilities to the fulfillment of the legal duties assigned to other subjects. The locus of control is shifted to other participants in the legal relationship who exercise their rights and perform legal duties. In legal interaction, mutual recognition of the right is provided by the instance and/or the party of the legal relationship. In the legal validity, the physical, social and value, as well as vital normativity are supplemented by legal normativity. It is designed to neutralize social contradictions caused by the limitations of space, as well as the irreversibility of time. It is proved that the proposed concept of legal relations contributes to the solution of practical issues of the primacy of the legal norm or legal relationship, the revision of the criteria for differentiation of the legal system, the determination of the ratio of legal relations and offenses, the scientific consideration of some sectoral problems of the classification of legal relations. It is noted that the proposed concept of a legal relationship as a social action or legal interaction is quite conditional and applicable for cognitive purposes. In practice, quite often there is an intersection or mutual overlap of one type with another, a transition from legal reality to legal reality.

The Interpretation of Certain Norms of the General Administrative Code of Georgia and Law of Georgia on Police

This article is related to issues of interpretation of certain norms defined under General Administrative Code of Georgia and Law of Georgia on Police. In particular, Article 3 of the General Administrative Code of Georgia regulates the scope of this code. However, pro-vision of the Article 4 does not contain any reference to the administrative offenses committed by the police and other administrative bodies, what in specific cases may lead to ambiguity in regards the scope of this code – as subject required by the General Administrative Code of Georgia and Administrative Offenses Code of Georgia, in both cases is an authorized administrative body (officials). Responding to administrative offenses by police is an important part of the activities carried out by the state authority (police). There- fore, Law of Georgia on Police distinguishes preventive function of the police from function of responding to offense. Also, the Article 5 of the law defines legal grounds for police activities, however this article does not contain specific references to Administrative Offenses Code of Georgia what can be deemed as legislative shortcoming. Taking into consideration the above-mentioned, in order to clarify the law and to achieve objective goal of the legal norm, below listed terms shall be added to 1. General Administrative Code of Georgia Section 4, Article 3, and 2. Law of Georgia on Police, Article 5.

A legal norm: general theoretical characteristic

The article carries out a general theoretical research of the legal norms. It is emphasized that a legal norm is one of the key concepts of the theory of law, and the importance of a detailed study of the problems of legal norms is due primarily to the fact that the law has such feature as normativity. It is noted that the issue of regulating the behavior of subjects through the legal norms is especially relevant in the legal field, because the fulfillment of the requirements of these rules depends on the state of order of public relations, that is law and order. A legal norm is defined as a fixed in the sources of law binding general rule, which determines the standard of obligatory or permitted behavior or the consequences of its violation in the field of crucial social relations, the effective action of which is ensured by the state. The features of legal norms are considered in two aspects: 1) the features of legal norms that are common to the features of other social norms; 2) specific features of legal norms. The features of the first group include the following: the norms of law are the rules of behavior that regulate social relations and normalize social communication; are socially determined rules of behavior; ensure stability and order in society; are typical models of behavior; have a general character; are created and realized due to human will and mind; supported by remedies of influence (sanctions) in case of violation. The second group is formed by the following features: the norms of law are the primary, elementary components of law; they establish a standard of lawful behavior of a person and determine the consequences of its violation; regulate the special area of social relations, which are most important for the existence, development and functioning of society; have an official state-authoritative character; are binding, supported by the possibility of state coercion; have specific sources of expression. It is also emphasized that the norms of law are fixed in official sources not directly, but through a special form of its external expression – normative-law prescriptions, with which they relate as content and form. On this basis, a normative-law prescription is defined as a written, logically complete legal provision formulated by an authorized subject, which establishes a rule of behavior in a specific source of law and is a technical and legal remedy of formal expression of a legal norm.

Anchoring, the norm reminder effect, and the faithful representation of an entity’s financial position

Purpose: The aim of the paper is to verify the assumptions about the impact of the anchoring effect and the norm reminder effect in accounting decisions, in the case of the freedom of choice left by legal regulations, Methodology/approach: The study was based on a 2 × 2 experimental design and was conducted with 110 working accountants. Findings: The results confirmed the regularities in decision-making identified in psychology, which may influence the quality of the information provided by accountants. Being re-minded of the legal norm concerning the rules for creating write-downs of receivables bur-dened with the risk of non-payment led to a significant increase in accountants’ propensity to create write-downs. Similarly, the anchor used in the experiment showed that introducing a numerical value unrelated to the criteria for the write-down significantly impacted the accountants’ assessment of the percentage value and the write-off. Practical implications: The anchoring and norm reminder effect may affect the quality of the presented numerical information and the fulfillment of the faithful representation requirement in financial statements. Originality/value: The study presented in the article, which concerns the impact of cognitive biases on professional accounting decisions, has not been empirically verified so far in Poland. At the same time, it is one of the few experimental studies within behavioral accounting in Poland. Keywords: anchoring heuristic, legal norm, decision-making, behavioral accounting.

Hans Kelsen as Outliner: The Defence of a Radical Norm Theory

In his first treatise on legal theory, Hauptprobleme der Staatsrechtslehre (1911), Hans Kelsen seeks to recast legal norm theory in a way that would eliminate from the theory the imperative, with what Kelsen sees as its moral connotations. The result, Kelsen’s sanction theory, is not entirely successful. It leaves in place the imperative vis-à-vis legal officials, with obligations imposed on officials to implement sanctions. In the 1930s, Kelsen returns to the issue, radically recasting legal norm theory by introducing empowerment as the fundamental modality and obligation as merely derivative, a view that prevails in the second edition of the Reine Rechtslehre (1960).

Leader in law theory: in memory of Alexander Fedorovich Cherdantsev

The article is dedicated to the memory of Professor A.F. Cherdantsev, a well-known Russian legal theorist. In the focus are creative periods of the scientist's life. Particular attention is paid to his contribution to the development of legal science with the emphasis on law interpretation, scientists achievements in the field of investigating epistemological nature, values (principles) of interpretation of legal norms, formulation of linguistic, systemic and other rules. The author's contribution to the development of methodology of law and his criticism of the integrative approach in jurisprudence have also been illustrated. The article analyzes the scholars development of the legal norm doctrine, its structure, technical and legal regulations, etc. His contribution to the development of educational literature is separately considered and highly appreciated. The tribute is also given to his individual scientific papers. It is proposed to systematize and republish Professor Cherdantsevs works.

Оn the problems of understanding the category «sanction» in the theory of law and branch jurisprudence

The scientific article is devoted to the analysis and rethinking of the category «sanction» in the theory of law and branch jurisprudence.As a result of the conducted research, the general theoretical definition of the category «sanction» as part of a legal norm that provides for negative consequences of non-compliance or improper implementation of the rule enshrined in the disposition of the rule of law, is supported.It is noted that, despite the existence of certain terminological differences, in general, the sciences of criminal law and the theory of law are moving in the same direction regarding the definition of sanctions and their classification, which cannot be said about other branches of law. In the science of civil law, modern definitions take us not only beyond the legal norm, but also beyond the law as a whole, focusing on the ability of sanctions to be contained in the contract between the parties, and therefore associating the sanction not with part of the legal norm, but with legal responsibility as such. And sanctions in economic law fully relate to the type and degree of responsibility.It is concluded that theoretical approaches to the definition of sanctions in administrative law can be clearly divided into two groups, the first of which «fits» into the general understanding of sanctions. When referring to the latest doctrinal sources (the second group), there is a significant variability in them and attempts to move away from the established definition. Moreover, the understanding of the sanction goes far beyond both the legal norm and legal liability, extending it, among other things, to preventive measures.Thus, it is necessary to distinguish the category of «sanction» as specifically restrictive measures, as measures of legal liability and as a structural element of a legal norm. Moreover, if the term «sanction» may well be applied to restrictive measures, which is due to the etymology of this concept, then the identification of sanctions as an element of a legal norm and measures of legal liability should be completely excluded. The use of such categories as synonymous at both the doctrinal and practical levels leads to legal uncertainty and confusion of concepts.

Generation of Legal Norm Chains: Extracting the Most Relevant Norms from Court Rulings

Various online databases exist to make judgments accessible in the digital age. Before a legal practitioner can utilize state-of-the-art information retrieval features to retrieve relevant court rulings, the textual document must be processed. More importantly, many verdicts lack crucial semantic information which can be utilized within the search process. One piece of information that is frequently missed, as the judge is not adding it during the publication process within the court, is the so-called norm chain. This list contains the most relevant norms for the underlying decision. Therefore this paper investigates the feasibility of automatically extracting the most relevant norms of a court ruling. A dataset constituting over 42k labeled court rulings was used in order to train different classifiers. While our models provide F1 performances of up to 0.77, they can undoubtedly be utilized within the editorial publication process to provide helpful suggestions.

Decolonization Struggles at the United Nations: The Question of Algeria, 1955-1961

Although national self-determination emerged as an international legal norm with the formation of the United Nations (UN) in 1945, its implementation continued to be resisted by European colonial powers for decades after. This raises the following question: how was European colonial rule challenged at the UN? This article contends that existing accounts of decolonization have not fully theorized the processes through which colonialism was contested at the UN. It fills this gap by demonstrating the critical role of argumentation, narrativization and discursive struggles through deploying the crucial “Question of Algeria” that was debated between 1955 and 1961. It demonstrates that the Algerian question yielded two opposing discourses—an anticolonial internationalist discourse and a metrocentric civilizational discourse—with both drawing on distinct ideas about human rights and development. The analysis explains the eventual triumph of the former as states increasingly rallied behind the Algerian cause.