Law Enforcement Review最新文献

{"title":"The principle of legality and the provision “the judge is subject to the law” in the context of the doctrine of the development of law contra legem","authors":"A. S. Ghambaryan","doi":"10.52468/2542-1514.2023.7(4).15-24","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(4).15-24","url":null,"abstract":"The research subject. This study focuses on the correlation between the doctrine of development of law contra legem and the principle of legality, with a specific emphasis on the position that “judge submits to the law”.The purpose of the research. The objective of this research is to examine the compatibility of the doctrine of development of law contra legem with the principle of legality and evaluate the applicability of the \"fourteen-year-old child\" formula in assessing legislative regulations.Methodology. This research utilizes a legal analysis and conceptual examination of the doctrine of development of law contra legem and the principle of legality. It also involves a comparative analysis of legal principles within the post-Soviet context.Main results of the research. The analysis reveals that strict adherence to the principle of legality may not always align with societal interests. The doctrine of development of law contra legem provides an exception to the principle, allowing judges to evaluate and challenge the illogicality or unfairness of legislative regulations. The \"fourteen-year-old child\" formula, with its low standards for determining such flaws, safeguards judicial independence and shields judges from potential political pressures.Scope of application. The findings of this research can be applied within the legal framework, particularly in post-Soviet jurisdictions, where the interplay between the principle of legality and the doctrine of development of law contra legem is of significant relevance.Conclusion. The strict fulfillment of the requirements of the law (legality) is not a goal, but a means of ensuring the certainty and stability of the rule of law, the harmonization of public life. Based on the doctrine of the development of law contra legem, the communication of the post-Soviet judge and legislator should be viewed from the perspective of a three-layered relationship of “subordination – cooperation – opposition”.","PeriodicalId":516290,"journal":{"name":"Law Enforcement Review","volume":"79 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139535401","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":"From social contradiction to social competition as the basic legal regime (mode) of statehood (Part II)","authors":"A. Butakov","doi":"10.52468/2542-1514.2023.7(4).5-14","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(4).5-14","url":null,"abstract":"The subject of the article is social competition as the basic legal regime (mode) of statehood as a systemic channel that determines the functioning of property as a goal and the state as a means.The aim of the article is to confirm or refute hypothesis that the resolution of social contradictions is a kind of legal regime for the realization of property as the fundamental purpose of the existence of the state.According to the author's methodology of normative structuralism, the assignment to each mode of property organization of a specific function (social development function, social compromise (convergence) function, social security function) generated the corresponding potential for the emergence and existence of social contradictions, where the state as an artificial (reasonable) sufficiency had to direct the energy of the said contradictions into the normative-legal channel and thus ensure the existence of social competition.The main results. The restriction and leveling of social competition and the transition to domination as the basic legal regime (mode) of statehood destroys the natural mechanism for resolving social contradictions and transfers this mechanism to the plane of directive political and ideological expediency. As a result, the power of the structural organization of the state is transformed into a goal of its existence, and property only into a means of realizing this goal. There is a disavowal of property as a fundamental goal of the existence of the state; the escalation of its imperialization begins, triggering the destruction of social competition as the basic legal regime (mode) of statehood. There is a danger of an existential rupture between the three most important social institutions of human civilization: property, competition, and the state.Society, constituting the creation of the state as artificial (reasonable) sufficiency, through the functioning of the structural organization of power has fixed the fundamental purpose of existence - property in the form of an integral structural platform of the main ways of its organization (private (individualized), mixed (corporate), general (collective)), assigning to each of them the execution of the corresponding social function.Conclusions. Society, realizing the existence of a social contradiction, purposefully forms appropriate ways (rules) to overcome them to ensure its progressive development. The essence of the legal regime as the existence of the resolution of this social contradiction can be defined by the concept of “competition”.","PeriodicalId":516290,"journal":{"name":"Law Enforcement Review","volume":"95 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139535426","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}