scholarly journals Legal Analysis of Application for Determination of Islamic Heirs in Boyolali Religious Court

2021 ◽  
Author(s):  
Surjadi Sjamsir ◽  
Faisal Santiago
Keyword(s):  
Legal Analysis

scholarly journals Determination of limits of public control in the Russian Federation: constitutional and legal analysis

2020 ◽  
Vol 65 (2) ◽  
pp. 218-231
Author(s):  
V. V. Goncharov
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Necessary Condition ◽  
Legal Analysis ◽  
Public Control ◽  
Legal Method ◽  
Modeling Analysis ◽  
Legal Model ◽  
The Russian Federation

The article is devoted to the study of the limits of public control in the Russian Federation. Objective: to develop a legal model for determining the limits of public control in Russia as a necessary condition for the effective functioning of this institution of civil society. Objectives of the study: 1) to define the concept of limits of public control in Russia; 2) to analyze the limits of public control (spatial; time of implementation; completeness of content (its principles, goals and objectives, forms, objects, powers of subjects and their number); its assessment from the point of view of legality and legitimacy of this type of activity), having developed and having proved actions for improvement of the current Russian legislation regulating questions of public control.In work is analysis of the limits of social control (spatial; time of implementation; the completeness of filling (according to his principles, purposes and tasks, forms, objects, and powers of the constituent entities and their amounts); the evaluation from the perspective of legality and legitimacy of the activity). The article uses a number of methods of scientific research, in particular: analysis; synthesis; classification; comparison; formal-legal; method of legal modeling; analysis of theoretical and regulatory sources; legal; formal-logical.

scholarly journals White Sea Canal: the experience of ensuring transportation safety under the conditions of the first confessional agreements of the Moscovian State of the XVI-XVII centuries

2020 ◽  
pp. 40-52
Author(s):  
Aleksandr Ivanovich Sidorkin
Keyword(s):  
Transportation Safety ◽  
Legal Analysis ◽  
Administrative Monopoly ◽  
Normative Documents ◽  
Foreign Countries ◽  
State Practice ◽  
Sea Transportation ◽  
Archival Documents ◽  
The Subject

The subject of this article is the problems associated with ensuring transportation safety n the Moscovian State of the XVI-XVII centuries. The author examines the conditions and causal links that influenced the choice of certain measures for ensuring transportation safety. Analysis is conducted on the new to the Moscovian State practice of granting administrative monopoly on ensuring transportation safety to meet the interests of the representatives of certain foreign countries and corporations. The factors substantiating the implementation of administrative monopoly are explained. The algorithm for resolving the cases associated with infringement on the security of English transports in the Moscovian State is described. The scientific novelty of this research consists in determination of noncompliance of the goals of ensuring transportation safety that were claimed in the normative documents (Charters of the Russian tsars of the XVI-XVII centuries) with the actual capabilities and practice for its provision. The conclusion is made that the guarantees of the English sea transportation indicated in the charters of Moscovian tsars should be viewed merely as the declaration of good intentions, rather than factual help. The comparative legal analysis of archival documents allows establishing the fact the English kings interpreted charters of the Moscovian tsars on their own behalf, granting the English nationals the rights and privileges in the area of transportation safety.

scholarly journals Self-Determination of Indigenous Peoples in Greenland: A Comparison with The Orang Asli in Peninsular Malaysia

2021 ◽  
Vol 29 ◽  
pp. 39-48
Author(s):  
Hashimah Abdul Halim ◽  
Rohaida Nordin
Keyword(s):  
Indigenous Peoples ◽  
Peninsular Malaysia ◽  
Self Determination ◽  
Legal Analysis ◽  
Orang Asli ◽  
Political Status ◽  
Economical Development ◽  
The Right ◽  
Laws And Regulations

For many years, the indigenous peoples had been experiencing various acts of marginalisation and discrimination. However, to this day, the definitions and rights of the indigenous peoples in certain jurisdictions are still left ambiguous. These rights includes the right to self-determination which, on the surface, is linked to freedom to choose political status and cultural or economical development and can be considered as one of the vital rights for indigenous peoples as it allows the community to decide on various aspects of their lives. Looking beyond that, this concept can be further classified into external and internal self-determination and each country may adopt a different approach to this right. As Greenland has a relatively higher population of indigenous peoples, the laws and regulations on indigenous peoples can be distinct. Therefore, this study examines the availability of self-determination policies and possible issues on it’s implementation in Greenland in comparison to the rights of the Orang Asli in Peninsular Malaysia. By using critical legal analysis, this study provides an insight to the exercise of self-determination rights of the indigenous peoples in other jurisdiction and the relevancy of the same right in Malaysia which can help to identify certain aspects to be improved on in the existing national indigenous peoples’ rights laws.

scholarly journals Self-Determination of Organized Crime

2020 ◽  
Vol 11 ◽  
pp. 21-26
Author(s):  
Marina V. Koroleva ◽  
Keyword(s):  
Organized Crime ◽  
Social Economic ◽  
Criminal Liability ◽  
Self Determination ◽  
Practical Significance ◽  
Legal Analysis ◽  
Wide Range ◽  
Negative Phenomena

Purpose. To study the problem of self-determination of organized crime, which can influence the intensification of other types of crime. Methodology: it includes the following methods: historical and legal, comparative legal, analysis and forecasting. Conclusions. 1. Organized crime is determined by the interaction of many such negative phenomena and processes in various spheres of the functioning of society such as social, economic, political, legal and others. 2. Organized crime is the main corrupt person, involving a wide range of officials in corrupt relations, who then contribute to the preservation and development of organized criminal structures, help them evade taxes, acquire property, evade criminal liability for crimes committed, etc. Scientific and practical significance. The conclusions presented in the article are aimed at increasing the effectiveness of combating organized crime in general.

System of ensuring the economic security of the state: World experience and ways of its reform in Ukraine

2021 ◽  
Vol 28 (4) ◽  
pp. 157-168
Author(s):  
Serhii Cherniavskyi ◽  
Oleksandr Dzhuzha ◽  
Viktoria Babanina ◽  
Yuriy Harust
Keyword(s):  
Research Methods ◽  
Economic Security ◽  
The State ◽  
Practical Significance ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Security Research ◽  
General Scientific ◽  
Stable Growth

The relevance of the study: The relevance of this article is due to the fact that ensuring economic security is a guarantee of stable growth of the state and improving the welfare of the population. The purpose of the study: The purpose of the article is to conduct research on the legal basis for the functioning of economic security of the state and the activities of law enforcement agencies in the field of economic security. Research methods: Leading research methods are general scientific and special research methods, including methods of logic, analysis, comparison, etc. The results of the study: The results of this study are a comparative legal analysis and determination of a proposal to implement the positive experience of EU countries in the field of ensuring the economic security of Ukraine. Practical significance of the study: The significance of the obtained results is reflected in the fact that this study can serve as a basis for outlining future changes to the current legislation of Ukraine on effective economic security of Ukraine

• Outlining methods of legal reasoning (such as the use of inductive, deductive and abductive reasoning and reasoning by analogy) and describe how these inform strategies for argument construction. • Discussing in detail the relationship between propositions building an argument and proofs supporting propositions. (This is particularly accomplished by considering in detail a modified Wigmore Chart Method. A fact analysis process that is instructive at the level of argument construction.) Argument concerns not only laying out facts and rules, it also involves aspects of persuasion, and determination of where the weight lies in opposing arguments. Assessors in the court, judges or jurors, decide whether an argument is strong or weak, proved or unproved. In the final analysis, how does the court, or how does anyone, decide the criteria for the evaluation of an argument? Evaluation cannot be solely guided by rules. Ultimately, argument construction is also a personal thing. Different people will take different routes to evidence, and relate the evidence differently to the issues. Much depends upon an individual’s ability to both imagine and reason; to imagine doubts, as well as links in proof. Nothing exists in the realm of methods to tell anyone what a strong link may be. We may be excellent at the processes of transmitting, storing and retrieving facts and information but we do not have similarly developed skills of obtaining defensible conclusions from these facts and this information. 7.2 LEARNING OUTCOMES By the end of this chapter, readers should: • be able to define an argument and distinguish between the general meanings of argument and legal argument; • understand the relationship between the diagnosis of problems and the construction of rules to solve problems; • understand the difference between fact analysis and legal analysis and the connections between these activities; • be able to basically define and then differentiate between inductive, deductive and abductive reasoning; • be aware of the need to develop critical thinking; • understand the way in which an argument relies on factual analysis, legal reasoning, persuasion and critical thinking; • be able to note the connections between language and argument; • be able to construct a modified Wigmore Chart and apply it. To be able to construct a competent argument in relation to a legal problem to be solved according to rules of legal reasoning acceptable within the English legal system; • be able to construct a competent critical argument relating to theoretical aspects of the study of law.

2012 ◽  
pp. 211-211
Keyword(s):  
Critical Thinking ◽  
Legal Reasoning ◽  
Final Analysis ◽  
Abductive Reasoning ◽  
Legal Analysis ◽  
Argument Evaluation ◽  
Analysis Process ◽  
The Difference ◽  
The Relationship

scholarly journals Novelties in the Constitution of the Russian Federation in the area of corruption prevention

2020 ◽  
pp. 1-9
Author(s):  
Ol'ga Sergeevna Sokolova
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Public Authorities ◽  
Municipal Law ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
Corruption Prevention

The subject of this article is the novelties in the Constitution of the Russian Federation, which impose laminations on persons, who fill public and municipal positions. The author applied the method of comparative legal analysis of the norms of Russian law that regulate imposition of anti-corruption restrictions in activity of the federal government branches, public authorities, and local self-governing bodies. Comparative analysis is conducted on the restrictions introduced in new revision of the Constitution of the Russian Federation and the corresponding norms in federal legislation. The author examines the norms of constitutional, administrative and municipal law in the area of corruption prevention, particularly in the context of federative relations that established for regulation of public and municipal service, as well activity of the persons who fill public and municipal positions. The opinions of scientific community on the topic are presented. The article gives assessment to compliance of novelties of the Constitution of the Russian Federation on corruption prevention with the National Anti-Corruption Strategy, and legal positions of the Constitutional Court of the Russian Federation. The scientific novelty consists in determination of the conflicts of norms of constitutional, administrative and municipal law that impose anti-corruption restrictions, and assessment of their legal consequences.

scholarly journals Unification of Conciliation Procedure Acts and Main Parameters (Based on the Federal Law No. 197 of July 26, 2019)

2019 ◽  
pp. 21-39
Author(s):  
Alexander Pleshanov
Keyword(s):  
Conflict Resolution ◽  
Legal Analysis ◽  
Federal Law ◽  
Methodological Basis ◽  
Civil Process ◽  
Alternative Procedures ◽  
Structured System ◽  
The Subject ◽  
Administrative Proceedings

The object of the research is the unification of conciliation procedure acts stated by the Federal Law No. 197 of July 26, 2019 as one of the most important development trends of the civil process. The subject of the research is the acts of the civil, arbitration and administrative legislations as well as researches in the spheres of civil process and alternative procedures of legal conflict resolution. Pleshanov tries to find answers to two questions, about parameters (directions) of the unification of conciliation procedures; and limits of the application of different kinds of conciliation procedures during hearing of civil and administrative cases as well as economic disputes. The methodological basis of the research included the following methods: analysis, synthesis, structured system, formal logical, theoretical prognostic, comparative legal analysis and interpretation of legal acts. The main conclusions of the research are the following provisions. Unification of conciliation procedures implies elimination of differences and contradictions, first of all, in relation to conciliation procedures, secondly, limits of the application of conciliation procedures, thirdly, the order of application of conciliation procedures. As the criteria for determination of the limits of application of conciliation procedures, the author of the article suggests to use the problematic nature of the case and applicability of conciliation results to a particular kind of conciliation procedure. The author also offers different variants of elimination of baseless divergences in the regulation of conciliation procedures in civil, arbitration and administrative proceedings that haven't been eliminated in the process of institutional unification based on the Federal Law No. 197 of July 26, 2019. 

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