Pravosudie / Justice最新文献

{"title":"On Some Topical Issues of Modern Philosophy of Law","authors":"Tatiana Zheldybina","doi":"10.37399/2686-9241.2022.1.28-40","DOIUrl":"https://doi.org/10.37399/2686-9241.2022.1.28-40","url":null,"abstract":"Introduction. The article presents a modern view of the most important problems of the philosophy of law. The author’s vision of complex philosophical and legal issues in ontological, methodological and axiological aspects is presented. The author makes conclusions about the importance of the philosophy of law for legal science. A number of issues that are both interesting and relevant for ancient and modern science have been studied. Certain methods (hermeneutic, phenomenological, synergetic) for philosophical and legal research has been applied and substantiated. Theoretical Basis. Methods. The specificity of the research topic demanded an integrated approach to the methodology. Thus, the article used the system-structural, comparative, hermeneutic, analytical methods, the principle of historicism, abstracting and concretisation. The peculiarities of the aim of the study – to identify the most modern (from the point of view of the author) philosophical and legal problems in connection with the ontological, methodological and axiological functions of law – also determined the peculiarities of the interpretation and presentation of the material. Results. The problematics of the idea of law has been studied taking into account the ongoing processes of globalisation, specifically; – The correlation of modern philosophy and theory of law with the priority of the continuity of philosophical and legal scientific knowledge; – The definition of the status of philosophy of law in the system of scientific knowledge; – The substantiation of significant methods of philosophy of law; – The analysis of the value comprehension of questions of philosophy of law in connection with the revision of traditional views on the essence and meaning of law is. Particular attention is paid to ancient ideas that remain valuable – namely the meaning of life, faith in one’s ideals, consistency, and fortitude. The idea of public and private good is considered from modern positions. Discussion and Conclusion. The analysis made it possible to conclude that the philosophy of law, on the one hand, develops under the influence of established traditions, whilst on the other hand, it needs modern understanding and argumentation from the standpoint of continuously developing scientific knowledge.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"1996 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125699890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On the Concept and the Nature of Law","authors":"Robert Alexi","doi":"10.37399/2686-9241.2022.1.169-192","DOIUrl":"https://doi.org/10.37399/2686-9241.2022.1.169-192","url":null,"abstract":"The central argument of this article turns on the dual-nature thesis. This thesis sets out the claim that law necessarily comprises both a real or factual dimension and an ideal or critical dimension. The dual-nature thesis is incompatible with both exclusive legal positivism and inclusive legal positivism. It is also incompatible with variants of non-positivism according to which legal validity is lost in all cases of moral defect or demerit (exclusive legal non-positivism) or, alternatively, is affected in no way at all by moral defects or demerits (superinclusive legal non-positivism). The dual nature of law is expressed, on the one hand, by the Radbruch formula, which says that extreme injustice is not law, and, on the other, by the correctness argument, which says that law’s claim to correctness necessarily includes a claim to moral correctness. Thus, what the law is depends not only on social facts, but also on what the law ought to be.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117159237","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Relations: Оccurrence and Regulation","authors":"V. Ershov","doi":"10.37399/2686-9241.2022.1.8-27","DOIUrl":"https://doi.org/10.37399/2686-9241.2022.1.8-27","url":null,"abstract":"Introduction. This article continues the discussion regarding “actual” legal relations and the regulators of “actual” legal relations. Theoretical Basis. Methods. Scientific knowledge for this article has been established using wellknown researches of the subject made by Russian and foreign authors, and criticisms of outdated provisions based on positivism. The author’s argument is supported by references to the works of not only legal scholars, but also representatives of other sciences (N. Wiener, N. I. Zhukov, L. A. Petrushenko, etc.) The study was conducted from the perspective of an integrative legal understanding. The methodology of general scientific character (formal logic, theory of systems, philosophy) was used, which allowed strengthened conclusions about the nature of “actual” legal relations, both their origin and their development. The use of private scientific methods (formal legal, comparative legal, analysis of national legal acts) allowed determination of the essence of “actual” legal relations, to differentiate legal relations and social. social relations, etc. Results. Two conclusions were reached. Firstly: “actual” legal relations are the objective legal reality, namely existing legal relations, settled first of all by the principles and norms of law contained in a single, developing and multilevel system of forms of national and (or) international law, realised in the state. Secondly: “actual” legal relations – namely the essence of objective legal reality; The regulators of “actual” legal relations are the forms of their expression. Discussion and Conclusion. The regulators of “actual legal relations” are developed as a result of the development of “actual” legal relations, called by Roman lawyers juris vinculum (legal relations related to objective law).","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116997842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Systemology of Information Law","authors":"D. Lovtsov","doi":"10.37399/2686-9241.2022.1.41-70","DOIUrl":"https://doi.org/10.37399/2686-9241.2022.1.41-70","url":null,"abstract":"Introduction. The lack of a coherent legal systemology and its constituent part – information law systemology – prevents the formalisation of evidence-based solutions for the basic theoretical problems of the enforcement and the interpretation of law in the conditions of the coming information society. The development of an appropriate formal-theoretical apparatus and science and methodical base is possible only on the basis of a productive systemological concept. The justification for this concept is based on the study of philosophical foundations and fundamental principles (including integrity, dynamic equilibrium, entropy minimisation, necessary variety, and feedback) and the use of logical and linguistic methods of the so called “ICS”-approach (“information, cybernetic and synergetic”). Theoretical Basis. Methods. This was an “ICS”- approach with conceptual and logical modelling of systems of legal regulation, information sphere (infosphere), information legal relations, information worker, system analysis and classification of base types and forms of existence together with the qualitative manifestation of legal information in ergasystems. Further, synthesis and modification of private scientific results of the author published between 2005–2021 (copyrighted author’s scientific works) and educational books were also used. Results. Elucidation and development of the base components of the science and methodical base of an information law systemology. This includes the conceptual and logical model of the infosphere (taking into account digital transformation), legal ergasystem, and stereotypical information legal relations. Information workings are developed, basic concepts and methodological principles and methods of modern information law systemology are updated. A system organisation is identified, also a logical decomposition of the object of the information law industry is carried out. Corresponding complexes of legal norms are defined, as are identifications of quantity and quality conditions for the efficiency of the legal regulation of information relations in the infosphere. A multilevel system of pragmatic principles of legal interaction in infosphere is also defined. Discussion and Conclusion. This has developed the base components of the scientific and methodical base of information law systemology providing a methodological basis for the development of an adequate formal-theoretical apparatus. This allows the formalisation of the decisions of the main theoretical problems of enforcement and law interpretation, as well as the development and implementation of special information and legal technologies based on the concept of information and functional databases – as well as knowledge to ensure the increase of the informational effectiveness of the legal ergasystems as an “ICS-systems”. This is all subject to subjective organising of human activity and the objective synergetic processes of disorganisation.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115923313","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Termination of Criminal Proceedings on Dispositive Grounds: Compromise or Forgiveness?","authors":"Vladimir Yu. Stel’makh","doi":"10.37399/2686-9241.2022.1.122-143","DOIUrl":"https://doi.org/10.37399/2686-9241.2022.1.122-143","url":null,"abstract":"Introduction. The current period of development of the Russian Federation is characterised by the humanisation of criminal law policy, which requires the optimisation of the application of criminal repression measures. The conviction of a person and the imposition of criminal punishment to him ceases to be considered as the only possible outcome of criminal proceedings. The cessation of criminal proceedings on non-rehabilitating grounds in many cases is a sufficient preventive means to force the accused to abandon committing new crimes in the future – recidivism. In this way, criminal repression measures are saved, and the number of convicted persons is reduced, which is certainly a positive social factor. The current criminal procedure law provides for several discretionary grounds for the termination of criminal proceedings. At the same time, the legal nature of these grounds has not received an unequivocal interpretation in science. The nature of the discretionary grounds for the termination of criminal proceedings as a compromise between the parties to the prosecution and the defense has gained some traction among the procedural experts. However, the concept of compromise is rather controversial and does not fully correspond to the purpose of criminal proceedings. The alternative concept of leniency should be analysed as a basis for ending prosecutions on discretionary grounds. Theoretical Basis. Methods. The aim of the study is to develop a conceptual basis for the termination of criminal proceedings, based on the appointment of criminal proceedings and socio-political factors that determine the normative regulation of criminal procedure. The objectives of the study are: a critical analysis of theoretical approaches that reveal the essence of ending criminal prosecution on discretionary grounds, and the formulation of the author’s concept of ending criminal prosecution. The study is based on the dialectical-materialistic method, which involves studying all aspects of the phenomenon in question, taking into account mutual ties and interdependencies. Methods such as formal legal, deductions and induction, analysis and synthesis were also used. Results. The legal essence of the discretionary grounds cannot be regarded as a compromise, since in this case the same social value of the interests belonging to the victim and the accused is recognised. It is all the more unacceptable to regard as a compromise the activities of the accused that facilitate the conduct of the proceedings, since this interpretation indicates the self-worth of the procedural rules, which is contrary to the purpose of criminal proceedings. The discretionary grounds for the termination of criminal proceedings constitute a degree of forgiveness by the State of the accused because of his positive post-criminal behaviour. Accordingly, the dismissal of a criminal case on these grounds should be carried out against defendants who have committed a crime under the influence of a sp","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"88 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113932944","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}