Complex Branches in the System of Law and in Legislation System

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Евгений Тонков ◽  
Evgeniy Tonkov ◽  
Владимир Синенко ◽  
Vladimir Sinenko
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Individual Branch ◽  
Essential Unity ◽  
Single Method ◽  
Methodological Approaches ◽  
The Individual ◽  
Law Construction ◽  
Qualitative Characteristics

The article deals with the reasonableness of inclusion into legal science and system of law new complex branches of law. It often occurs in spite of the generally recognized principles of systems of law construction. The authors criticize the constant increase in the number of complex branches of law, assuming that complex branches can only exist in legislation. Isolation of complex branches in the legal system is an attempt to summarize the phenomenon on the basis of different methodological approaches. Formation of the system of law as opposed to the system of legislation is carried out on the basis of essential unity but not functional unity relations. Essential unity of social relations is characterized by the homogeneity of their qualitative characteristics due to socio-economic basis prevailing in a society. The building of the legal system on the basis of essential unity of the controlled relationship allows to apply a single method of legal regulation and to identify the presence of systemic relations between the norms of the individual branch of law and specific principles of legal regulation.

scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

scholarly journals Social Sphere as an Object of Legal Regulation and Legal Forecasting

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 106-124
Author(s):  
K. V. Agamirov
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Social Dynamics ◽  
Legal Regulation ◽  
Social Needs ◽  
Legal Institutions ◽  
Social Sphere ◽  
Cultural Conditions ◽  
The Future ◽  
The Individual

The importance of legal forecasting lies in the study of legal phenomena and processes that occur under the influence of economic, political, demographic, ideological, and international factors of change, and in the development of proposals for the optimal development of legislation for their subsequent inclusion in legislative work plans. The main methodological problem of legal forecasting is to reveal the essence of the category "legal system and the future", the dynamics of which determines the quality of predictive research at all levels: strategies for the development of Russian legislation; legal institutions; legal education and law making; legal behavior of the individual (sociological aspect of forecasting). Representing a system of certain theoretical principles, forms and methods, as well as epistemological regularities for obtaining probabilistic judgments about the future state of legal and state phenomena and processes, the methodology of legal forecasting is aimed at improving the effectiveness of normative acts in all branches of law. It determines the most rational ways of developing the legal system as a whole. The paper analyzes the state of legal regulation in the field of maternal, child and family protection, social security, labor relations and some other areas of social reality. Using legal methods of forecasting, the author sketches the socio-legal institutional and industry models based on political-legal, socio-economic and spiritual factors, which are important landmarks to improve social relations, legal institutions and standards. The author proposes specific measures for the modernization of the legislative institutions in the socio-legal environment corresponding to the socio-cultural processes taking place in society and expected changes in the socio-cultural conditions in the future based on experienced or anticipated social needs. Conclusion: the current stage and social dynamics of social development require urgent legislative measures to ensure a decent human existence and implement the provision of article 2 of the Constitution of the Russian Federation on his rights and freedoms as the highest value.

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

On the emergence of new branches in the legal system of Ukraine

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Zemko Alla ◽  
◽  
Pyndor Yulia ◽  
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Human Life ◽  
Legal Regulation ◽  
Current Approach ◽  
Modern World ◽  
Negative Attitudes ◽  
Global Trends ◽  
Qualified Personnel ◽  
Regulation Method

The article analyzes the current approach to the identification of new branches in the legal system of Ukraine.The modern world does not stand still and is constantly evolving and gives impetus to the development of all spheres of human life, respectively, there are relationships that require legal regulation.Some scholars believe that in the presence of an independent subject of legal regulation, its ownmethodology of legal regulation and a set of specialized legislation, it is possible todistinguish an autonomousbranch of law. It is determined that the emergence of new branches of law is hindered by the dominant concept of the existence of only the main ones. Proponents of this concept categorically reject the possibility of the existence of relevant secondary, complex branches of law. This scientific approach inhibits the study of modern social relations. Negative attitudes towards the separation of new branches of law inevitably lead to gaps in the field of special legal research and, as a consequence, to a lack of qualified personnel with specialized knowledge. It is suggested to take into account the positive experience of foreign colleagues of lawyers who boldly present the achievements of current practices and are not afraid to consider them branches of law, we mean educational, sports, military, gender, «cryptocurrency», admiralty law and others. It is concluded that the division of law into new branches allows more effective regulation of legal relations in relevant areas, given that global trends are increasingly in demand for universal lawyers, but with specialization, with in-depth knowledge in one or more areas of law. Keywords: branch of law, subject of legal regulation, method of legal regulation, complex branch of law

scholarly journals Digital Law and Problems of Gradual Transformation of the Russian Legal System

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 9-18
Author(s):  
V. N. Sinyukov
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Culture ◽  
Legal Regulation ◽  
Legal Tradition ◽  
Legal Form ◽  
Culture Development ◽  
Digital Law ◽  
Gradual Transformation

The relevance of the topic of the balance between the system of law and processes of digitalization of legal regulation is preconditioned by fundamental changes that are taking place in the legal system of Russia due to current technological challenges. The author qualifies changes under consideration as the processes of gradual transformation of law and its system. The article explores the dynamics of evolution of the legal understanding of the world due to technical progress. The author concludes that the new technological lifestyle pattern changes not only the usual lifestyle of people, but also the nature of legal regulation. The problem of consistent legal interpretation of the technological revolution is presented. It is concluded that the preservation of the systemic unity of the legal form is possible on the basis of the step-by-step revision of foundations of macroorganization of law. The paper demonstrates the difference between the current period of development of law and the classical epoch that proves the fact that the legal culture is about to include the virtual world into its subject matter. A sectoral approach based on monodimensional or complex subjects and methods of legal regulation can no longer provide for the comprehensive understanding of the nature of law. The paper depicts the evolution of notions of the norm and institute of law on the basis of symbiosis of deontic and behavioral elements that characterize the concept of legal technology. The conclusion about normativity of technological processes is made. The article substantiates the place and role of digital law in the process of gradual transformation of the legal system. The article justifies the provision that digital law performs the function of restructuring the legal system. The article reveals the subjects and methods of digital law as a source of law having impact on social relations. The author suggests the concepts of digital environment that creates a new type of lawyerism, namely: digital and analog law, and describes the correlation between them. The author puts forward the hypothesis of fundamental and applied law, describes their subject areas. On the basis of the analysis of the structural evolution of the legal system in the context of technological changes, the author provides for the forecast of parameters of the future legal order. It is concluded that conflicts of virtual and classical legal orders can be resolved under norms of digital law that eliminate the contrasting sides of legal permits and prohibitions. The author poses the issues regarding subjects of digital legal culture development, the new legal language, the role of analog law in restructuring the legal system, the balance between digital law and national legal tradition. The hypothesis of national models of digitalization of legal culture is put forward.

scholarly journals Essence and content of legislation in the defense sector аnd its implementation: informational and legal research

2019 ◽  
pp. 17-25
Author(s):  
O. DOVGAN ◽  
V. YASCHENKO
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Legal Research ◽  
General Law ◽  
Constructive Function ◽  
Scientific Analysis ◽  
Military Law ◽  
Basic Features ◽  
The Military

The article examines the system of legislation of the defense sector, issues related to the process of further improving the legal regulation of security and defense complex, which require a scientific analysis of the changes that take place. In particular, it was concluded that military law is a separate phenomenon in the legal system, national or international, by synthesizing the basic features of the general law and the specific features of the military-professional regulator of social relations. And the realization of military law as its main constructive function is one of the most urgent paradigms of the defense of Ukraine

GROUNDS FOR INITIATING INDIVIDUAL INSOLVENCY PROCEEDINGS UNDER THE LEGISLATION OF UKRAINE AND GERMANY

2018 ◽  
Author(s):  
Rodion Poliakov ◽  
Keyword(s):  
Positive Impact ◽  
German Law ◽  
Legal Regulation ◽  
Unsuccessful Attempt ◽  
Judicial Practice ◽  
The Status ◽  
Bankruptcy Code ◽  
The Individual ◽  
Insolvency Proceedings ◽  
Qualitative Characteristics

The article examines the grounds for initiating individual insolvency proceedings, which are regulated by Ukrainian and German law, as well as current positions of judicial practice in this area. Proposals are made to improve the provisions of the Bankruptcy Code of Ukraine and the Law of Ukraine «On Judicial Fees», which will have a positive impact on the legal regulation of insolvency of individuals and law enforcement practice in this area. It is established that in Ukraine the legislator uses not only the principle of insolvency or threat of insolvency to open an insolvency of a citizen, as is the case with a legal entity, but also payment inability. The author notes that using the principle of insolvency, the Ukrainian legislator in one case indicates the minimum amount of debt, and in another sets only the terms of suspension of payments and the minimum percentage of arrears, and in determining the threat of insolvency and payment inability does not provide any quantitative and qualitative characteristics. It is suggested that debtors must have the property in necessary amount to cover court costs when initiating insolvency proceedings. It is proposed to establish a court fee for filing an application for insolvency proceedings, differentiating its size depending on whether the individual debtor has the status of an individual-entrepreneur. It is noted that under German law, the procedure of insolvency of individuals may be opened at the request of both the debtor and the creditor. It is established that the opening of individual insolvency proceedings in Germany is possible only if there are additional grounds, such as: unsuccessful attempt of pre-trial settlement of debt within six months before the filing of the application for initiation of proceedings; availability of a certificate issued by a special entity and certifying a failed attempt of a pre-trial settlement; submission of an application for discharge from residual debt or an application for refusal of such discharge.

scholarly journals Monopoly of legal provisions

2021 ◽  
Vol 108 ◽  
pp. 01007
Author(s):  
Anna Konstantinovna Sheremetyeva ◽  
Zoya Fedorovna Sofrina ◽  
Artem Aleksandrovich Gamaley ◽  
Natalia Nikolaevna Novopashina
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Synthesis Methods ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Systemic Analysis ◽  
Legal Provisions ◽  
Comparison Results ◽  
Definition Of

The existing defect of the legal field in the form of the inconsistency of the norms that make it up, gives rise to inconsistency, imbalance of the main social regulator of social relations. Building the normative material without analysing the need to create a separate regulator, as well as the obligation to establish a relationship with existing norms, determined the significance of such a study. The definition of competition of norms is an object of scientific research quite often. However, the content of this category and its law enforcement significance, in our opinion, have not been established quite correctly. The presence of competition of norms indicates the inconsistency of legal regulators with the principles of certainty of law, fairness and stability of legal regulation, which affects the effectiveness of laws. The research patterns are due to the need for a systematic analysis of this institution in order to identify uncovered aspects in the construction of a clear, systemic and interdependent system of legal regulation. Purpose of the research. The importance of developing fundamentally new approaches to the institution of uncertainty mediated by the phenomenon of competition to overcome the imbalance of the existing legal system, in connection with the existing need to present the normative material unambiguously and clearly. Methods. In the course of the study, in combination with a complex and systemic analysis, the following general scientific methods of cognition were used: dialectical, hermeneutic, and synthesis methods, the method of ascent from the abstract to the concrete, and the method of generalization and comparison. Results and novelty. Competition of norms is the result of an incorrect construction of the system of legal norms indicating a certain artificiality of this definition regarding the possible flexibility of the legal system. In our opinion, an increase in monopoly and individualized norms will lead to a systematic nature of the normative material, as well as an increase in confidence in it on the part of all participants in legal relations. The certainty of law must become a legal axiom.

GENERAL CHARACTERISTICS OF MEDICAL SECRECY

2020 ◽  
pp. 122-129
Author(s):  
Tatyana Y. Rodina ◽  
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Healthcare Sector ◽  
Generic Concept ◽  
Private Interests ◽  
Legal Problems ◽  
The Russian Federation ◽  
Definition Of ◽  
The Individual

The problem of the interaction of the interests of the individual, society and the state, the determination of the limits of interference in the spheres of private interests of third parties exists in all states as their integral part. A number of problems have accumulated in the healthcare sector, and in general in matters of protecting the health of citizens of the Russian Federation, which require immediate resolution. The very idea of fundamental changes in healthcare is associated, in particular, with the COVID-19 pandemic, which showed that domestic healthcare, despite the fact that it generally copes with new threats, has turned out to be vulnerable in modern realities. The object of the research of this article is the legal problems of the definition of the institution of medical secrecy, the totality of social relations that may arise in the process of its legal regulation. The principles of protecting the health of citizens, the issues of defining medical secrets as a generic concept are considered, signs of such information and the grounds for its provision are given.

scholarly journals Anthropological justification of the modern change of axiological determinants under the influence of religious factors

2020 ◽  
Vol 9 (31) ◽  
pp. 64-70 ◽  
Author(s):  
Vadym I. Palahuta ◽  
Iryna M. Zharovska ◽  
Vitaliy B. Kovalchuk ◽  
Anna V. Skliar
Keyword(s):  
Legal System ◽  
Legal Regulation ◽  
Religious Values ◽  
Individual State ◽  
Law And Order ◽  
Legal Standards ◽  
Scientific Analysis ◽  
Religious Factors ◽  
The Individual ◽  
Local Traditions

The purpose of the article is a comprehensive analysis of the change of axiological determinants of a globalized society under the influence of religious factors. It was established that the most noticeable among the changes in society and the state are the changes of the axiological basis at the level of individual identity. The tendencies of change of religious values that directly influence the consciousness, legal culture of the individual and the legal system of the individual state were summarized. The motivational core is the interpretation of the multifunctionality of religion. The authors substantiated the need for scientific analysis of changes of axiological determinants of a globalized society under the influence of religious factors, which is also due to the fact that the internal system of each country needs to unify it with international legal standards and to preserve national ethical, mental and legal values. The authors have identified the following tendencies in the change of religious values that influence the consciousness of the individual and the legal system of the individual state: democratic and humanistic values begin to dominate the world’s law and order; local traditions and religious values are changing, there is the "interconnection" between global and religious values of different cultures; personal freedom acts as a dominant value; evident diversity of religious norms as a basis for legal regulation; the significant influence of the age factor on the perception of the latest globalization values and the importance of religious norms as a regulator of subjective behavior, etc.

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