Implementation of the functions of law in the process of its implementation

2020 ◽  
pp. 32-38
Author(s):  
Ruslana Ivanychuk
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Active Form ◽  
Functional Results ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Norms ◽  
The Law ◽  
Scientific Results ◽  
High Level

Goal. This article examines the main forms of implementation of the functions of law in the context of law enforcement. Method. The methodology includes a set of analysis and generalization of scientific and theoretical material. In order to obtain the most reliable scientific results, the study used general scientific, conceptual and philosophical approaches, including the following methods: hermeneutic-legal, comparative-legal and structural-functional. Results. The study recognized that the implementation of law is a mechanism for implementing legal norms that meet the requirements of the purpose of legal regulation as the formation of individuals with a high level of orthodox behavior, streamlining public relations and strengthening the requirements of law and order. The implementation of the law is carried out in the following forms: compliance - is the implementation of the requirements of prohibitive legal norms, compliance - binding rules of law and the use - authorizing rules of law. As for the subjective behavior of participants in the implementation of legal norms, it can be manifested both in active form (implementation, use) and in passive abstinence from it (compliance). The implementation of the functions of law are a means of influencing the law on the behavior of participants in public relations, which are manifested in the following forms: information; orientation and legal regulation. Scientific novelty. The study identified and substantiated the main forms of implementation of the functions of law and its implementation, in particular by conducting a comparative analysis of these categories in theoretical and practical aspects, it is determined that their implementation is based on an effective mechanism for implementing the will of the legislator and the state. society and the concept of the rule of law in Ukraine. Practical significance. The results obtained during the study can be used in law enforcement and research.

Practical significance of law constitutional principles

2020 ◽  
pp. 435-441
Author(s):  
Aleksandr Paramonov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Direct Role ◽  
Positive Role ◽  
Legal Norms ◽  
Russian Law ◽  
The Law ◽  
Basic Ideas

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals Features of bringing drivers to administrative responsibility under art. 124 of the Code of Ukraine of Administrative offences in the context of damage of a component of road service objects: problems and solutions

2021 ◽  
Vol 1 (1) ◽  
pp. 138-143
Author(s):  
Rostyslav Molchanov ◽  
Maksym Shevyakov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Police Officers ◽  
Fundamental Principle ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Applicable Law ◽  
Problems And Solutions ◽  
The Law ◽  
Substantive Law

The dynamic development of social relationships, in particular on transport, requires immediate and timely regulatory and legal improvements. First of all, it is necessary to prevent violation of the Constitution by law enforcement agencies and laws of Ukraine in the process of law enforcement. Very often the representatives of Themis, due to the normative unregulated aspects of public relations, apply the existing legal norms of the law, which in certain unprecedented circumstances of the case are not applicable, although they are, at first glance, true. Existing gaps in regulations violate the fundamental principles of responsibility of the perpetrators in particular, the principle of "inevitability of punishment", which is the beginning of the formation in society of nihilistic sentiments, stereotypes of anomie. In this work, we will consider the facts of non-compliance by courts with the task of proceedings in cases of administrative offenses in the field of road safety the central of which is non-compliance with the resolution of the case in strict accordance with the law, and also the ways to resolve this issue. Making detailed analysis of situations regarding breakaway (damage) of the refueling pistol at the gas station by drivers of vehicles due to the vital factors (inattention, haste, etc.) we find out the defects in law enforcement activities of police officers who at the scene of the accident qualify the actions of the perpetrator as a traffic accident. After the procedural registration of this delict, the materials of the administrative case, according to the jurisdiction, are sent for consideration to the court of first instance, where judges incorrectly operate the rules of applicable law, erroneously apply substantive law and violate procedural rules. The consequence of this is a violation of the fundamental principle of "rule of law", the provisions of which are enshrined in in Art. 8 of the Constitution of Ukraine.

scholarly journals Sources of Public Relations Legal Regulation in Cyberspace

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 114-120 ◽  
Author(s):  
L. G. Efimova
Keyword(s):  
Public Relations ◽  
Computer Technology ◽  
Computer Code ◽  
Legal Regulation ◽  
Point Of View ◽  
Legal Norms ◽  
Web Space ◽  
The Law ◽  
Different Sources ◽  
The Web

The paper criticizes the relatively recent view that traditional legal norms cannot be applied to public relations regulation in cyberspace. Researchers are debating whether it is permissible to regulate relationships arising from the use of computer technologies, such as cryptocurrency turnover and other relationships on the blockchain platform, by means of law. Opponents of legal regulation of cryptocurrency turnover refer to the impossibility of regulating computer technology by legal means. It is known that the lack of legal regulation of public relations is no less harmful than their overregulation. The author analyzes classical, "modernist", and eclectic approaches to the legal regulation of public relations in cyberspace. According to the author, public relations in the web space, including those that arise on the blockchain platform, can be regulated not only by national laws, but also by two special new sources of law — computer code (lex informatica) and special customs of cyberspace (lex electronica). Regulation by codes and special customs, which are concentrated on the Internet, gradually form a supranational law of cyberspace. Since the law, algorithmic code, and special customs of cyberspace are different sources of law, the point of view of those researchers who write about the decline of legal regulation and its replacement by code regulation is unfounded. It is premature to conclude that the law is dying out in the transition of contractual relations to cyberspace. Lawrence Lessig’s expression "Code is law" is correct in the sense that code is only one possible source of law.

scholarly journals The Legal Regulation of the Relations in Oil and Gas Production: The Problem Statement

Legal Concept ◽  
2020 ◽  
pp. 103-107
Author(s):  
Anastasia Kuleshova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Oil And Gas ◽  
Negative Impact ◽  
Oil And Gas Industry ◽  
Legal Regulation ◽  
Gas Production ◽  
Oil And Gas Production ◽  
Theoretical Concepts ◽  
The Law

Introduction: the paper deals with certain issues of the legal regulation of the relations in oil and gas production. The reasons for the fragmentary and non-systematic legal regulation of the economic relations for the planning and working of mines by the special legislation are highlighted. The paper considers the system of norms regulating the control in the Russian Federation, which requires further development regarding the establishment of sanctions for the violations of environmental safety and negative impact on the environment. The purpose of research: to analyze the features of the legal regulation of public relations in the oil and gas sector, identify the theoretical positions and problems of the law enforcement, and form recommendations for improving the legislation in this area. The research used the following methods: the general method (dialectical materialism); the general scientific methods (logical (induction, deduction, analysis and synthesis), system and functional); private law methods (formal legal, comparative legal). Results: the issues of the legal regulation of the regime of oil and petroleum products are considered, and the theoretical concepts are presented. The problems of the law enforcement based on the dual interpretation of the norms of law in the oil sector and, as a result, their incorrect application are identified. The problem of the local regulation of the fuel and economic complex is raised and the recommendation is made to generalize or fill in the gaps in the regulations in the sphere of regulating public relations in the oil and gas industry. Conclusion: the author substantiates the need to fill in the gaps in the legislation starting from the bylaw regulation and to rely on the practical experience of the companies in the field of oil and gas production. It is argued that it is possible to fill in the gaps in the law at the first stage by means of issuing orders from the ministries and departments.

scholarly journals Community policing as characteristic of the modern state governed by the rule of law

2019 ◽  
Vol 2019 (4) ◽  
pp. 26-36
Author(s):  
Kirill Lavrinovich
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Public Relations ◽  
Rule Of Law ◽  
Community Policing ◽  
The State ◽  
Practical Significance ◽  
Modern State ◽  
The Rule Of Law ◽  
The Law

The relevance of the research topic are conditioned by the theoretical and practical significance of issues affecting the theoretical, methodological, sociopolitical and practical aspects of the problem of the interaction between the police and civil society institutions in the state governed by the rule of law. These questions are connected with the need to comprehend modern practice to develop new conceptual provisions and dogmatic decisions that are appropriate to the modern conditions. During historiographical analysis it was revealed that the experience of interaction between the police and civil society institutions in the modern states governed by the rule of law in the implementation of the law enforcement function of the state has not been adequately studied and evaluated. The object, subject and purpose of the study were determined in accordance with the current state of legal science. The object of the study was public relations that arise in the field of ensuring the protection of public order, freedom and security of society, state and individual. Police that carries out law enforcement activities on a professional basis and citizens who are actively involved in the implementation of the law enforcement function in the modern state are the subjects of these public relations. Ideas about the main directions and forms of cooperation between police and citizens in the implementation of the law enforcement function of modern states have formed the subject of research. The aim of the study was theoretical and legal analysis of the concept of community policing, which today is the basis for the interaction between the police and civil society institutions in the implementation of the law enforcement function in many modern states. The research methodology was a combination of general scientific (historical, systemic and functional) and special (formal-legal, historical-legal, sociological, comparative state science) methods. The result of the study was the conclusion that the concept of community policing is based on the activities of authorized police agencies to implement the law enforcement function in a modern state governed by the rule of law. These activities are aimed at implementing a model of social partnership and focused on solving specific problems that arise in society.

scholarly journals Conflict of interest: dialectics of a normative “tiered structure”

2021 ◽  
Vol 15 (4) ◽  
pp. 743-750
Author(s):  
V. V. Astanin
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Operational Definition ◽  
Practical Significance ◽  
Conflict Of Interests ◽  
Dialectical Approach ◽  
Legislative Structure

Objective: to carry out a legal and dogmatic analysis of the legislative structure of the “conflict of interests” concept and its constituent categories in order to ensure the applied tasks of effective law enforcement and prevention of corruption risks determined by a conflict of interests.Methods: the dialectical approach to the cognition of socio-legal phenomena, which allows identifying the unity of opposites in the legal categories that form the conflict of interests concept; the formal-logical method of scientific cognition, presented in the legal-dogmatic analysis of legislative norms; the method of operationalization of concepts.Results: the conducted comparative legal research, expressed in a combination of methods of analysis and synthesis of legal categories aimed at obtaining comparative knowledge, allows correlating their content with respect to the “conflict of interests” concept in proportion to the goals of law enforcement. A legal and linguistic analysis of legal categories has been carried out, the totality of which forms the content of the “conflict of interests” concept. Abstract and definite norms of categories are highlighted in the context of the proof necessary to ensure their connection (presence and absence) with legal facts.Scientific novelty: the term “normative ‘tiered structure’” was introduced into the scientific circulation of legal science, which comprehensively reflects the operational definition of the complex socio-legal phenomena described in composite legal categories. The theoretically presented phenomenon of the normative “tiered structure” conflict of interest in the discreteness of its constituent concepts and dispositive legal categories causes high risks of distortion or erroneous interpretations. These risks are formed out of court, initially registered in the decisions of the conflicts of interest settlement commissions. Prevention of such risks is ensured not only by the involvement of experts who, in addition to legal knowledge and professional-industry knowledge, also have moral and ethical foundations, the bearers of which are the arbiters of precedent law enforcement.Practical significance: the main provisions of the article can be used in practical activities to provide evidence of de jure manifestations of a conflict of interests. The revealed regulatory collisions and the incomplete legal regulation of public relations in the sphere of “personal interest” require improving the anti-corruption legislation in terms of simplifying the concept used for law enforcement purposes.

scholarly journals Constitutional and legal mechanism for ensuring the principles of elections of people's deputies of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 64-72
Author(s):  
S.M. Martelyak ◽  
M.O. Martelyak
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
General Character ◽  
Public Authorities ◽  
Parliamentary Elections ◽  
Legal Norms ◽  
Democratic Development ◽  
Legislative Body ◽  
High Level ◽  
Legal Mechanism

The authors raise the urgent issue of ensuring the principles of the election of people's deputies of Ukraine proclaimed by the Constitution of Ukraine and national election legislation. It is noted that the principles of elections of people's deputies of Ukraine are a special legal phenomenon, which embodies the fundamental, fundamental ideas that determine the content and procedure for forming a single legislative body in Ukraine, find expression and manifestation in the legal sphere of society and state and are characterized by such features: 1) reflect the conscious and volitional aspects of elections; 2) these are fundamental ideas, guiding rules, which contain defining guidelines of a guiding nature regarding the elections of people's deputies of Ukraine, a guideline in the formation of suffrage; 3) have a general character, they have an inherent element of generalization, elevated above the specifics; 4) express the essence of suffrage as a system of legal norms governing public relations related to the election of public authorities; 5) is a social phenomenon, the property of the democratic development of the world community. The principles of parliamentary elections determine the content of the electoral process and are characterized by a high level of scientific and theoretical validity, historical accuracy and tried and tested in practice, serve as guidelines and coordinates of legal influence on participants in electoral relations. Based on their importance in the formation of a single legislative body of Ukraine, an important issue is their provision through the appropriate constitutional and legal mechanism. Based on the analysis of doctrinal and legal ideas about the mechanism of the state, the mechanism of legal regulation, the legal mechanism, the conclusion of the constitutional and legal mechanism for ensuring the principles of elections of people's deputies of Ukraine is defined by the Constitution and detailed by normative and institutional component, through which the legal influence on public relations on the lawful implementation, protection and defense of the principles of elections of people's deputies of Ukraine is practically carried out. It covers two components: normative (substantive and procedural) and institutional.

scholarly journals Authentic interpretation of legal norms: theoretical aspec

2021 ◽  
pp. 215-220
Author(s):  
M. V. Osiadla
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Rule Of Law ◽  
Legal Norm ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Internal Conflicts ◽  
Legitimate Expectations ◽  
The Law

The article examines the problem of interpretive activity in the law enforcement process, which is due to the need to clarify the content of the legal norm. The issue of interpretation in the process of application of legal norms is considered, as the modern Ukrainian legislation is not regulated and contains internal conflicts. The article describes the types of official normative interpretation, in particular, as authentic, legal, departmental. The use of interpretation in the law enforcement process as an opportunity to understand the essence of legislative terms,ensuring equal application by all subjects of public relations, which involves compliance with the principle of legitimate expectations and the rule of law. Keywords: interpretation, application, authentic interpretation, casual interpretation.

scholarly journals The Genesis of the System of Administration of the Transport Routes and of the Transport Law in Russia (9th to 18th centuries)

2019 ◽  
Vol 17 (3) ◽  
pp. 260-277
Author(s):  
Yu. I. Petrov ◽  
A. I. Zemlin ◽  
O. M. Zemlina
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Historical Period ◽  
Legal Analysis ◽  
Legal Norms ◽  
Legal Method ◽  
Starting Point ◽  
Scientific Results

The article analyzes Russian historical and legal heritage containing the norms governing social relations that arose in the process of development of water and inland roads, transportation, state administration in the transport field, and studies the most important norms of Russian transport legislation. The purpose of the research was to study legal regulation of transport relations in the historical period from 9th through 18th centuries in order to identify the main stages of development and periodization of domestic transport law.The study was carried out using methods of legal analysis, including formal-dogmatic method, which allowed to reveal some of shortcomings and gaps of legal regulation; historical and legal method, that, in combination with the methods of taxonomic analysis, made it possible to carry out authors’ periodization of formation of transport legislation during the studied period. The use of achievements of legal hermeneutics and tools of the linguistic-semiotic and semantic approaches provided an opportunity to clarify the content of legal norms and legal documents referring to the period under review.The results of the study are of interest from the point of view of revealing historical patterns of development of transport law, make it possible to assess the role and place of transport legislation in the system of legal regulators of public relations. The presented scientific results, taking into account already existing and practically substantiated developments, can serve as a starting point for further discussion about the prospects, trends and directions of development of Russian transport law and transport legislation.

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