THEORETICAL AND LEGAL ANALYSIS OF THE PRINCIPLES OF LAW AS AN INTEGRATING ELEMENT OF THE LEGAL SYSTEM

The article is devoted to the study of the principles of law as an integrative element of the legal system. The author examines on the basis integration coherences with various components of the legal system, in particular the integration of the principles of law with the ideological components of the legal system, which further influences the formation and development of the legal system as a doctrinal component. The external orientation of the integrative influence of the principles of law, which is mediated in the interaction of the legal system with the social system (society) due to the integrative properties of the principles of law, is considered The author emphasized the importance of the principles of law and their integrational influence on the development of the legal system of Ukraine, because of the important elements of the legal system, the principles occupy one of the main places. Principles of law represent a system of the most general and stable imperative requirements and express the idea and spirit of the law. The study of law principles as an integrative element of the legal system should also be considered through the lens of their functions, which will explain – how is the integration of the main elements of the legal system, how this system-saving mechanism works. For this purpose, it is proposed to dwell on the most illustrative directions of influence of the principles of law as their functions within the system: system-forming, regulatory, law-enforcement, value, law-making, ideological. Understanding the principles of law as an integrative element of the legal system is conditioned by the presence in the methodology of modern jurisprudence of a wide range of cognitive tools, including an integrative approach to understanding legal phenomena. Illustration of the unifying role of principles in law and the legal system, in particular, allows us to reemphasize their importance in relation to other phenomena of legal reality, to understand the cause and effect relationships between individual elements in the structure of systemic entities. The integrative role of the principles of law appears in two directions of the functioning of the legal system – external and internal. In the external direction, their role is to provide the integration of the legal system into the higher level of society, which allows asserting the indirect influence of the principles of law. In the internal direction, the role of the principles of law evolves itself both in the facts of ensuring the interaction of individual phenomena and in the fact of the existence of the proper legal system, which combines legal ideas and values, group and individual interests, dynamic and static phenomena of reality. Keywords: principles of law, the legal system, integrative, functions of law principles.

Consumers as Tax Auditors

To investigate the enforcement value of third-party information on potentially collusive taxpayers, I study an anti-tax evasion program that rewards consumers for ensuring that firms report sales and establishes a verification system to aid whistle-blowing consumers in São Paulo, Brazil (Nota Fiscal Paulista). Firms reported sales increased by at least 21 percent over 4 years. The results are consistent with fixed costs of concealing collusion, increased detection probability from whistle-blower threats, and with behavioral biases associated with lotteries amplifying the enforcement value of the program. Although firms increased reported expenses, tax revenue net of rewards increased by 9.3 percent. (JEL D22, H25, H26, L25, O14, O17)

THE PROBLEMS OF LAW ENFORCEMENT AND IDEAS OF PROPHETIC PARADIGM IN INDONESIA

Law enforcement portraits in Indonesia have not provided encouraging results. The reforms of 1998 in all aspects of the state including law have not always proceeded as planned. The fact that law continues to be legalistic-positivist is a major problem of law enforcement in Indonesia that never succeeded. Therefore, the reconstruction of such thinking model must first be done. As the law is not an independent entity separate from its association with other entities, however, the law is part of the life of society that can not be released away from social entities, politics and so on. The idea of ​​prophetic law is the right solution for the improvement of the Indonesian legal system. The prophetic paradigm is a set of theories that not only describe and transform social phenomena, nor simply change a thing for change, but more than that, it is expected to lead to change on the basis of ethical and prophetic ideals. Where in the basis of the conception of humanization, liberation, and transdensi as stated in the letter of Ali Imron: 110. The prophetic paradigm differs greatly from the positivist paradigm. The transcendence base, humanization orientation and liberation embedded in law enforcement will encourage its existence to always be total in making legal findings (ijtihad al hukmi) objective to be applied to a case. By making the paradigm of prefetics law as the base of law enforcement value in Indonesia, it is expected that law can really give a sense of justice to society which so far only limited to wishful thinking

THE PROBLEMS OF LAW ENFORCEMENT AND IDEAS OF PROPHETIC PARADIGM IN INDONESIA

Law enforcement portraits in Indonesia have not provided encouraging results. The reforms of 1998 in all aspects of the state including law have not always proceeded as planned. The fact that law continues to be legalistic-positivist is a major problem of law enforcement in Indonesia that never succeeded. Therefore, the reconstruction of such thinking model must first be done. As the law is not an independent entity separate from its association with other entities, however, the law is part of the life of society that can not be released away from social entities, politics and so on. The idea of ​​prophetic law is the right solution for the improvement of the Indonesian legal system. The prophetic paradigm is a set of theories that not only describe and transform social phenomena, nor simply change a thing for change, but more than that, it is expected to lead to change on the basis of ethical and prophetic ideals. Where in the basis of the conception of humanization, liberation, and transdensi as stated in the letter of Ali Imron: 110. The prophetic paradigm differs greatly from the positivist paradigm. The transcendence base, humanization orientation and liberation embedded in law enforcement will encourage its existence to always be total in making legal findings (ijtihad al hukmi) objective to be applied to a case. By making the paradigm of prefetics law as the base of law enforcement value in Indonesia, it is expected that law can really give a sense of justice to society which so far only limited to wishful thinking

On the Value of Correlation

Correlated equilibrium generalizes Nash equilibrium to allow correlation devices. Correlated equilibrium captures the idea that in many systems there exists a trusted administrator who can recommend behavior to a set of agents, but can not enforce such behavior. This makes this solution concept most appropriate to the study of multi-agent systems in AI. Aumann showed an example of a game, and of a correlated equilibrium in this game in which the agents' welfare (expected sum of players' utilities) is greater than their welfare in all mixed-strategy equilibria. Following the idea initiated by the price of anarchy literature this suggests the study of two major measures for the value of correlation in a game with nonnegative payoffs: 1. The ratio between the maximal welfare obtained in a correlated equilibrium to the maximal welfare obtained in a mixed-strategy equilibrium. We refer to this ratio as the mediation value. 2. The ratio between the maximal welfare to the maximal welfare obtained in a correlated equilibrium. We refer to this ratio as the enforcement value. In this work we initiate the study of the mediation and enforcement values, providing several general results on the value of correlation as captured by these concepts. We also present a set of results for the more specialized case of congestion games, a class of games that received a lot of attention in the recent literature.