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The article examines and reveals the impact of legal doctrine on law-making and law-enforcement practice. It is noted that today the doctrine lacks a systematic approach to its use in the law-making process. Accordingly, this leads both to a decrease in the value of the doctrine itself and to negative consequences for the legal system as a whole. From these positions, the doctrine continues to occupy its important niche and life source in the legal system. It is the doctrine that forms the legal concepts used by the legislator and establishes the methods by which the law is discovered and laws are interpreted. However, even the systematic interpretation of legal norms cannot always fill the gap in the legal regulation of social relations. Therefore, precisely in this case, the courts turn to the legal doctrine, which is used to reveal the content of the legal norm, which is present in the legislation or is absent in its content. As a rule, in the content of the motivational part of court acts, references to legal doctrine are often found to confirm one’s legal position and to strengthen its effect, which indicates a balanced decision made in the case. Summarizing the analysis of judicial practice materials, it is possible to formulate the purpose for which the legal doctrine is used: filling gaps in the legal regulation of social relations, interpreting legal norms and establishing their legal nature and content. Accordingly, it can be stated that the legal doctrine embodies a system of well-founded, theoretical and scientific provisions that have applied value and are used to eliminate gaps, correctly interpret and apply legal norms and, on this basis, search for optimal legal solutions. It is proved that the legal doctrine is a kind of indicator for relevant events and situations that may arise in the field of legal regulation of social relations. Therefore, during the development of projects of regulatory legal acts, the use of legal doctrine allows analyzing the dynamics of the development of social relations that are subject to legal regulation. [ABSTRACT FROM AUTHOR]

The author points out that among the main priorities of Ukraine's domestic policy since independence has been the creation of reliable mechanisms for security, political stability, and democracy that would correspond to the relevant mechanisms employed in the European Union. The prospect of EU membership is defined at the constitutional level and is a strategic guideline for Ukrainian aspirations for transformation and a key goal for which reforms are being carried out within the Ukrainian state. The creation and implementation of such mechanisms is the standard that will allow Ukraine to join the EU's common security system, increase the effectiveness of control over the movement and non-proliferation of weapons of mass destruction, and bring international cooperation in the fight against organized crime, illegal migration, smuggling, terrorism, and drug trafficking to a new level. It is noted that Ukraine's intentions to integrate into the European space have necessitated significant changes in national legislation aimed at adapting to a wide range of norms and standards generally accepted in international and European practice. The sphere of public security protection deserves special attention from lawmakers, as human rights protection is an invariable «gold standard» that distinguishes a democratic state. Given the state-forming importance of the national police, its improvement is in the zone of increased attention from both the government and society. It is extremely important today to create an effective organizational model of police bodies capable of reliably protecting the interests of the economy and citizens, implementing such principles of reforming the Ukrainian police that would result not only in excellent work in detecting and stopping offenses but also in creating significant resources for preventing offenses. The author demonstrates the dependence of the functional orientation of police structures on the functional orientation of the state, in particular on the form of state-legal regime it implements, which directly lays the basic principles of the activities of law enforcement structures in the country and the principles of their reform. Therefore, the logical idea arises that the functional orientation of police structures may depend on the functional orientation of the state, in particular on the form of state-legal regime it implements, which directly lays the basic principles of the activities of law enforcement structures in the country and the principles of their reform. [ABSTRACT FROM AUTHOR]

The article examines classical natural law as the ideological foundation of the legal tradition in the Western world. As the author demonstrates, natural law was inherently linked to the legal traditions of antiquity and the Middle Ages, shaping both the dominant historical type of legal thinking and the models of legal regulation implemented within the respective traditions for the behavior of participants in legal communication. The preeminent position of natural law was determined by historical context as well as the specificities of the legal orders corresponding to that historical type. According to the author, the doctrine of classical natural law has become the ideological bedrock of the Western legal tradition in all its diverse aspects and manifestations. It can, therefore, be asserted that the Western legal tradition, viewed from this perspective, constitutes a collection of legal ideas characteristic of Western civilization and intended for the modernization of non-Western states.

This article theoretically examines some contradictions and major milestones in the development of the doctrines of just laws as laid out by prominent Russian scholars during the 19th century. It analyzes the problems surrounding different theoretical approaches and conceptions regarding the connection between justice and law through the works of M.M. Speransky, N.M. Karamzin, P.I. Pestel, N.M. Muravyov, K.A. Nevolin, B.N. Chicherin, V.S. Solovyov, and S.A. Muromtsev. The results obtained show that the period under study was marked by the elaboration of a conceptual framework and basic criteria of positive law from the perspectives of liberal (natural law) and ethical beliefs, which align with spiritual (Christian) principles. This strengthened the humanistic and moral foundations of Russian legal understanding. Additionally, a continuing and stable connection is revealed between the philosophical and legal doctrines of the 18th and 19th centuries, indicating the common (abstract, not fully comprehended) motivational grounds and logic in the establishment of legal freedoms.

In this article, certain factors that influenced legal continuity during the Age of Enlightenment are discussed. The major processes of the period are analyzed, and the importance of legal traditions as the foundation of legal continuity is highlighted. A brief overview of the key approaches to understanding legal traditions is given. Particular attention is paid to the regional divergences of the Age of Enlightenment, with a focus on its specifics in England and later Great Britain, the German and Italian states, France, Russia, and the USA. It was revealed that all factors can be divided into two groups. The first group includes general conditions, circumstances, and prerequisites, which can be further classified into natural and social ones. Natural factors are largely unaffected by the landscape of the period, while social factors are closely tied to society. The factors pertaining to the Age of Enlightenment are part of the latter group. They are of two types. The first type is not actually related to the legal reality of the period. The second type reflects the Enlightenment political and legal doctrines. Conclusions are drawn about the direct and indirect impacts of these factors on the historical processes. It is also demonstrated that the factors of legal continuity formed a unique combination in each studied society, with their influence apparent even after the Age of Enlightenment.

Ukraine's transition to a market economy, the development of entrepreneurship, the promotion of competition, and the expansion of foreign trade contributed to the creation of new opportunities for criminal activity in the economic sphere. At the same time, the low probability of detection and the high profits associated with economic crime make the economic sphere very attractive to criminals. In turn, the huge losses associated with economic crime undermine social protection systems and destabilize economic systems, thus clearly indicating a failure of self-regulation. The legislator, having in mind economic crimes, operates with the concept of "CRIMINAL OFFENSES IN THE SPHERE OF ECONOMIC ACTIVITY" (Chapter VII of the Criminal Code of Ukraine) and is limited only to their list. According to the legislative approach, an economic crime can be defined only as a socially dangerous culpable act (action or inaction) committed by the subject of the criminal offense provided for by the Criminal Code of Ukraine and provided for by the provisions of Chapter VII of the Special Part of the Criminal Code. At the same time, on the basis of the generalized data of the legislative and doctrinal approach, it is proposed to define an economic crime as a socially dangerous culpable act (action or inaction) committed by the subject of a criminal offense, which consists in the implementation of illegal economic activity (economic processes, relations, operations) or violation of requirements for legal economic activity to satisfy the selfish interests of a person or a group of persons, encroaches on the sphere of economic relations and poses a threat to the economic security of the state, leads to an imbalance of the state's economic system. At the same time, the so-called economic crimes (Chapter VII of the Criminal Code of Ukraine - criminal offenses in the sphere of economic activity) should be separated from crimes due to which law enforcement agencies can interfere in the sphere of economic relations. Economic crimes can be differentiated according to various criteria: according to the spheres of social relations that regulate one or another type of economic activity; according to the content of the committed crime; by immediate main and additional objects; by subject characteristics; by criminal law characteristics. [ABSTRACT FROM AUTHOR]

In the work, the author focuses on scientific works in which intellectual property is studied from the point of view of its theoretical and legal aspects. It is noted that intellectual property is a multidisciplinary phenomenon, is the subject of research in a wide range of social sciences, including legal ones. The theoretical and legal dimension of intellectual property is particularly important in the modern conditions of the development of its legal regulation, which is capable of both strengthening the scientific study of its legal properties and developing scientifically based recommendations on increasing the effectiveness of the use of various legal means and methods necessary to ensure the protection and protection of rights intellectual property, stimulation of intellectual activity, etc. It was noted that various theoretical and legal aspects of intellectual property, including the question of its value understanding, to one degree or another were the subject of scientific research by various domestic and foreign scientists. Based on the analysis of the works of legal theorists, it was concluded that in legal science, intellectual property scientific research is presented quite widely and reflected in numerous scientific works of both domestic and foreign scientists. This indicates a rather detailed analysis of various legal aspects of intellectual property. However, characterizing the existing scientific works as a whole, it is worth noting their cumulative nature, which in essence are created and developed according to the cumulative principle, lacking systematicity and sequence of development. Today, in legal science, works of a theoretical-legal content, which have a high degree of conceptuality, organically combine both issues of a theoretical-legal and practical nature are quite sporadically presented. Mostly scientific works have a narrow spectrum of scientific knowledge, investigating one or another legal aspect of intellectual property. The same can be said about the development of intellectual property research. Mostly, they are separated from each other, which is due to the lack of unified conceptual foundations of promising directions for the development of scientific research of intellectual property. This confirms the need, on the one hand, to strengthen theoretical and legal studies of intellectual property as a legal phenomenon, and on the other hand, to emphasize the importance of conceptualizing such scientific studies, the basis of which should be the appropriate methodological approach or their combination. [ABSTRACT FROM AUTHOR]

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Sakarya University Journal of Law Faculty (SHD) is the property of Sakarya University Journal of Law Faculty (SHD) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the countries where we have the construction of the legal system with the new laws, the ambiguity of the legal norms in the new laws in some cases is almost inevitable. But commenting on laws and judicial practice will be of great help to bring about the implementation of all legal norms as was the intention of the legislator, because the correct interpretation of legal provisions is a necessity of any legal order that creates a legal security for all citizens equally. Of course, the object of legal interpretation or clarification is not only written legal-civil norms, but also those that are part of customary law. The issue of interpretation of laws currently represents a fundamental concern for citizens and legal institutions, looking for a smart and innovative approach to address this issue effectively and sustainably. In this context, this paper aims to identify and analyze the advantages and challenges of legal doctrine and interpretation in the contemporary context. [ABSTRACT FROM AUTHOR]

National sovereignty manifested inconsistently in the Iranian Constitution of 1906-07. This paper aims to find the causes of the mentioned inconsistency and considers the process of foundation (constitution- making) and integration within the related legal form. Foundation manifested in the guise of socio-political forces (the material) and thoughts would be the grounds of the legal form's integrity (the theoretical). By applying the phenomenological-historical-linguistic method in the field of concrete law, this historical study, first of all, started from the illustration of the determined language in the form and observed linguistic resemblances in the material and the theoretical levels. The material level is a trend toward creating an institutionalized and collaborative language; However, double-hatting of the First Parliament as the constituent and the constituted power, and the existing imbalance between the social forces in the political institution, has caused fluctuation in that language and reduced the concept of sovereignty to its diverse characteristics. Concerning the theoretical, the lack of ideas as the unifying element of the legal form in that historical period is certain (the local) and, as a result, its breaking from the universal in the construction process of the legal form has also made this issue more problematic. In this absence, the post-form doctrine has relied on the place of ideas and sought to fix or renounce the legal form in the future. Finally, as a matter of fact, by the lack of thinking, the material forces created a form without constructing the integration of its elements. [ABSTRACT FROM AUTHOR]

The EU's human rights policies and actions have two main components: protecting the fundamental rights of EU citizens and promoting human rights around the world. One of the aspects that the UN focuses on is the relationship between democracy and human rights, as the organisation upholds the importance of equal political participation of citizens of its states and full respect for human rights, including the recognition, protection and promotion. As defined by the United Nations International Children's Emergency Fund (UNICEF), human rights are norms that recognise and protect the dignity of all people, meaning they apply to everyone, without distinction of race, gender, education, political opinion, sexual orientation or any other type of moral judgement. The realisation of human rights also obliges states to be responsible for protecting these norms and prohibits certain acts that violate them. Human rights can be said to be one of the greatest achievements of mankind. One of the most important human rights documents is the Universal Declaration of Human Rights, signed in 1948 at the UN General Assembly. Consisting of 30 articles, the Declaration formalises all the theoretical developments made earlier on civil, political, social, economic and cultural rights. Another innovation of the Declaration was the inclusion of human rights in the universal character, becoming the rights of all peoples. Thus, for the UN, human rights "are universal legal guarantees that protect individuals and groups from acts and omissions by governments that violate human dignity". Human rights are fundamental and therefore inalienable human rights, i.e. those rights whose violation would lead to an attack on the very essence of humanity. For this reason, it is important that everyone is aware of and knows about human rights, their content and the forms of protection provided for them, as everyone should be able to enjoy their fundamental rights for the sole purpose of living in peace, without distinction. Human rights, democracy and the rule of law create an environment in which countries can promote development, protect people from discrimination and ensure equal access to justice for all.

The article is devoted to the issues of implementing a legal conception into legislation and social reality. Specifically, it explores the path that legal conceptions take from their creators' consciousness to legal doctrine, lawmaking, and law enforcement. The oral or written publication of a concept elicits an appropriate response from the environment - positive, negative, neutral, or mixed. The recognition of a legal conception determines its integration into legal doctrine (an indicator of such recognition is primarily citation). It is emphasized that legal concepts are vulnerable to plagiarism, as copyright law excludes concepts from the scope of its legal protection. From legal doctrine, a legal conception moves into the normative base and practical realm. Generally, it initially enters legislation and then societal reality, but there are exceptions. For instance, the history of Ukrainian law knows other cases where a legal conception was implemented in societal life without prior integration into legislation. A recognized legal conception can determine the content of all or specific provisions of a law (including the constitution or code), international treaty, subordinate normative-legal act, interpretative act of a constitutional jurisdiction authority, judicial or administrative decision, etc. A legal conception, projected onto social relations through the intermediary of legislative text, is usually not fully reflected in them. It should be understood that the norm of the legislation is applied in social life, and its content in most cases corresponds to the provisions of the concept partially and limitedly. The brevity and fragmentary nature of the text of a normative-legal act sometimes lead to misunderstanding or incorrect application of the concept's provisions, on which it was based. Specific examples of the influence of legal conceptions on legislation and social practice in Ukraine and other countries are highlighted. The example of H. Kelsen and the historical significance of his conception of constitutional justice are considered. Certain directions of influence on the modern legal system of Ukraine by scientific conceptions of representatives of the Faculty of Law of Ivan Franko National University of Lviv are shown. [ABSTRACT FROM AUTHOR]

The EU's human rights policies and actions have two main components: protecting the fundamental rights of EU citizens and promoting human rights around the world. One of the aspects that the UN focuses on is the relationship between democracy and human rights, as the organisation upholds the importance of equal political participation of citizens of its states and full respect for human rights, including the recognition, protection and promotion. As defined by the United Nations International Children's Emergency Fund (UNICEF), human rights are norms that recognise and protect the dignity of all people, meaning they apply to everyone, without distinction of race, gender, education, political opinion, sexual orientation or any other type of moral judgement. The realisation of human rights also obliges states to be responsible for protecting these norms and prohibits certain acts that violate them. Human rights can be said to be one of the greatest achievements of mankind. One of the most important human rights documents is the Universal Declaration of Human Rights, signed in 1948 at the UN General Assembly. Consisting of 30 articles, the Declaration formalises all the theoretical developments made earlier on civil, political, social, economic and cultural rights. Another innovation of the Declaration was the inclusion of human rights in the universal character, becoming the rights of all peoples. Thus, for the UN, human rights "are universal legal guarantees that protect individuals and groups from acts and omissions by governments that violate human dignity". Human rights are fundamental and therefore inalienable human rights, i.e. those rights whose violation would lead to an attack on the very essence of humanity. For this reason, it is important that everyone is aware of and knows about human rights, their content and the forms of protection provided for them, as everyone should be able to enjoy their fundamental rights for the sole purpose of living in peace, without distinction. Human rights, democracy and the rule of law create an environment in which countries can promote development, protect people from discrimination and ensure equal access to justice for all. [ABSTRACT FROM AUTHOR]

The article presents the author’s vision of the problem of resocialization of convicts as a strategic goal for the criminal-executive system, determined by the state’s criminal-executive policy. In the course of the research, controversial issues of interpretation of such definitions as: “policy”, “anticriminal policy”, “criminal enforcement policy”, “resocialization of convicts” were considered. In the process of research, attention is focused on the specifics of the doctrinal definition of a multifaceted social phenomenon - politics, which made it possible to formulate the author’s view on the concept of anti-criminal policy. The author proposes to consider it as a practice of subjects authorized by the people of the country to develop the state’s general line regarding the impact on crime, which covers the definition of the main concept (strategy) of the directions and means of its implementation, the allocation of the necessary resources for this, and the implementation of control and supervision over its implementation in life Based on the given generic concept and modern doctrinal positions, the author formulates an understanding of criminal enforcement policy as a separate type of anti-criminal policy, which is manifested in the activities of authorized subjects to determine strategic goals, principles of operation, tasks for the system of execution and serving of punishments, means their achievement, as well as control and supervision of the process of implementing such plans. In the future, taking into account the results of the above analysis of legislative norms regulating the distribution of powers of state bodies in the field of internal policy formation, the author specified the criminal enforcement policy as the activity of the Verkhovna Rada of Ukraine to define strategic goals, principles of operation, tasks for the system of execution and serving of punishments, means for their achievement, as well as the implementation of parliamentary control over the process of implementing such plans. The review of the normative essence of the resocialization of convicts through the prism of the given definition of criminal enforcement policy made it possible to reveal its role as a strategic target guide for the punitive mechanism of the state. Further consideration of the legal concept of resocialization of convicts, enshrined in the Criminal Enforcement Law, revealed the fact that its content is presented ambiguously, as well as in general such that it cannot be defined by signs. Based on the results of the research, the author makes a statement about the potential impossibility of the criminal-executive system, no matter what conditions it creates for the correction of convicts, to achieve its strategic goal - the resocialization of persons serving a sentence. [ABSTRACT FROM AUTHOR]

Copyright of Hacettepe Law Review is the property of Hacettepe Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article, based on the analysis of doctrinal sources, defines the concept and outlines the features of state control in the field of energy in Ukraine. It was emphasized that the energy security of the state in the conditions of unprovoked aggression by the Russian Federation has become one of the key challenges faced by our state. It is not only a matter of systematic and brutal shelling of energy infrastructure facilities carried out by an enemy state, but also of violations of energy legislation by energy market participants (both consumers and service providers). A significant change in external risk factors, internal destabilization, and attempts to destroy the energy potential of the state lead to the actualization of research on the legal basis of state control in the field of energy, the study of both the theoretical foundations of this issue, and the peculiarities of control activities in this field. The signs of state control are formulated, in particular: it is a function of public administration, the purpose of which is to influence controlled objects; has a purposeful influence - compliance and fulfillment by control objects of the requirements of current legislation, avoidance of offenses, prevention, provision of organizational support, etc.; carried out exclusively in the manner specified by law by specially authorized relevant entities; has the nature of planned and unplanned impact, applied with a certain periodicity; is applied within the term clearly defined by law; may provide for operational intervention in the activity of the controlled object, by applying measures including administrative warning or administrative suspension. It is summarized that state control in the field of energy in Ukraine is a function of public administration, which involves a targeted influence on the energy field as a set of economic sectors that study and use energy resources for the purpose of energy production, transformation, transmission and distribution, which is applied by a specially authorized sub object in certain forms and methods, taking into account the specifics of control activity, defined by a special law, has a direct goal, functions and tasks, the list of which is determined by the scope of application of state control. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Shanghai Physical Education Institute / Shanghai Tiyu Xueyuan Xuebao is the property of Shanghai Physical Education Institute and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The task of building the rule-of-law state, as proclaimed in the Constitution of the Russian Federation, remains urgent. The rule of law (the rule-of-law state) is viewed in the context of the establishment in the state of an institutional dialogue between the government and society in the law-making plane, which will ensure the development and adoption of law of proper quality, reflecting the real social interests, which means that this law will be credible. On this basis the real implementation of the idea of the rule of law in the state will be possible. The purpose of the study is to substantiate the connection between the socio-authority dialogue and the process of «enthronement» of law and order in society, the real implementation of the idea of the rule of law. Methods: historic-legal, interpretative, analytical, systemic, formal-legal, critical reflection, scientific generalizations, comparative, etc. Results: the article determines the importance of socio-authority dialogue in the law-making plane for the consolidation and implementation in practice of the idea (principle) of the rule of law during the functioning of the state law system, the implementation of the model of a democratic rule-of-law state proclaimed in the Constitution of the Russian Federation. Society, becoming a co-author of laws, changes its attitude to these laws, perceiving them as a product of joint creativity of the state and society (legal co-creation of authority and society), just as the state is aware of the value of laws adopted in this way, ensuring their implementation in public practice by democratic legal means.

Published in 1775, Dareau's Traité des injures proposes to codify the regulation of insults based on the articulation between authorities, hierarchies, and masculine honor. Starting with insults, he sketches out plural masculinities, whose general governance is based on the domus model. At the pinnacle of this masculine hierarchy are the "men of law", who encompass the professions associated with justice in the broadest sense. While he mobilizes several features inherited from the Renaissance magistrate, Dareau also bears witness to the influence of new gender norms of liberal and bourgeois inspiration. Starting with the entry on insults, the legal treatise thus helps to promote a new discourse on the virile ideal in the last third of the 18th century.

The term “doctrine” is often used in science, law-making and law enforcement processes, but its semantic meaning has not yet been determined, which makes it difficult to define the role of legal doctrine as a source of law. The aim of the article is to study legal doctrine as a special source of law, clarify the specifics of its formation and analyze the regulatory role and its potential, paying special attention to international law, as well as Romano-Germanic, Anglo-Saxon and religious legal systems. The research is based on such methods as analysis, synthesis, comparison, analogy, deduction, induction, abstraction. The inductive method made it possible to generalize and formulate the approaches of scientists, and the deductive method made it possible to consistently argue the author’s position. The authors draw conclusions that the definition of a legal doctrine as a source of law can be formalized legislatively. It is normatively permissible to reveal the notion of legal doctrine, determine a doctrine as a source of law and establish mechanisms for resorting to this source in law enforcement.

The article explores the significance and role of legal doctrine in the contemporary context of social and legal relations influenced by globalization, convergence of legal systems, and human rights trends. Emphasis is placed on the necessity of clear definition and functional purpose of legal doctrine within the legal system of Ukraine. The fundamental nature of legal doctrine is highlighted, shaped through in-depth scientific research and analysis of the essence of state-legal phenomena and processes. The multifaceted nature of legal doctrine is identified, establishing its role in shaping tax legislation. The crucial role of legal doctrine in influencing the behavior of taxpayers and resolving tax issues within the framework of legal regulation is underscored. The author examines the process of forming legal doctrine and its components, highlighting its multi-stage and lengthy nature. Legal doctrine is described as a system of views on the legal regulation of social relations expressed through principles, presumptions, and axioms that serve as a model for positive law. The importance of legal doctrine lies in the explanations and interpretations of legal norms made by recognized legal experts, promoting a better understanding for proper case resolution. It is proposed to consider legal doctrine not merely as a formal legal source but as additional argumentation during the interpretation of legal norms. The application of legal doctrines in tax disputes is characterized, aiming to achieve specific objectives such as promoting correct legal interpretation and application, supporting legislative improvements, and providing scientific legal reasoning for judicial decisions. [ABSTRACT FROM AUTHOR]

In this paper and its companion paper, Board and Chung (2021), we provide foundations for a model of unawareness that can be used to distinguish between what an agent is unaware of and what she simply does not know. At an informal level, this distinction plays a key role in a number of recent papers such as Tirole (2009) and Chung and Fortnow (2007). Here we provide a set-theoretic (i.e., non-linguistic) version of our framework. We use our object-based unawareness structures to investigate two applications. The first application provides a justification for the contra proferentem doctrine of contract interpretation, under which ambiguous terms in a contract are construed against the drafter. Our second application examines speculative trade.

This article reveals the conditions under which the philosophy of law developed in Russia, with the focus on its unique features and the role played by foreign thinkers in this process. The doctrinal views expressed by several prominent Russian scholars of the 18th century (V.N. Tatishchev, M.M. Shcherbatov, Ya.P. Kozelsky, and A.N. Radishchev) on the key ideas, principles, and attributes of law in general and just law in particular were considered in order to show how they are connected, as well as to better understand the background of modern legal science. The following major ideas were discussed: V.N. Tatishchev’s understanding of natural law as a basis of all positive laws; M.M. Scherbatov’s differentiation between divine and civil laws; Ya.P. Kozelsky’s doctrine of “righteous” and “unrighteous” law; and A.N. Radishchev’s opinion that positive laws should not contradict natural laws. Based on the results obtained, it was concluded that the doctrinal views of the 18th century on just laws that followed the tradition of natural law and proclaimed that any just law must comply with the needs of a human, resist and limit the arbitrary actions of authorities, be a driving force for achieving the common good, etc. were a result of the well-thought choice of the most essential freedoms and responsibilities. Therefore, they may well be regarded as a great achievement of Russian legal science in creating the legal foundations for the sustainable development of humans.

Since the institution of public legal entities plays an important role in contemporary society, both in the state and in the economic development of countries, there is a need to clear up its legal status and specifics. The lack of a clear, universally accepted classification criterion for distinguishing between legal entities under public law and legal entities under private law leads to difficulties in determining their legal status and resolving civil disputes involving public law entities. An evaluation of the current theoretical provisions regarding legal entities is required for the development of their further improvement, as well as for their adaptation to market relations and free entrepreneurship. This study aims to identify: the specific features of legal entities in public law; the main peculiarities that can be used to distinguish legal entities established under public law from legal entities established under private law; the criteria underlying the selection of legal entities; as well as the status of research on the institution of public law legal entities in France, Germany and Ukraine. The result of this scientific paper is elucidation of the significance of the classification of legal entities under public law as participants in civil legal relations. This research highlights the importance of clearly defining and consolidating legal entities under public law in regulatory documents to streamline litigation processes, using the notion of their purpose as a comprehensive classification criterion and drawing on the benefits observed in the exhaustive lists of public-law entities in France and Germany.

'Practical' approaches to human rights hold that analysis of legal human rights must attend to the practice(s) of international human rights law and that the nature and justification of international human rights is best determined by attending to their role(s) in international human rights law's system of normative practices, not analogous moral rights outside it. These core tenets plausibly explain the apparent normativity of international human rights law despite controversies about the status of many 'rights' in the 'International Bill of Rights'. Yet plausible practical approaches require clear and compelling accounts of which practices qualify as human rights practices. Most existing accounts view 'responses' to claims made in the name of the international legal community as key to the identification of human rights. Activities by domestic governments and non-governmental actors qualify as relevant practices. While understandable, these 'responsive' accounts of practice create more problems than they solve. This work accordingly promotes a largely unexplored account on which 'human rights practices' are strictly defined by international legal doctrine. This 'doctrinal' account of practice is most likely to maintain practical approaches to human rights' potential benefits without generating an unduly expansive rights register or adopting strong theoretical commitments about the nature of law. [ABSTRACT FROM AUTHOR]

This paper seeks to expose an analysis from the dogmatic of the figure of trust in Colombia in attention of the prerogatives that the Entrepreneurship Law carried out on some public trust, in order to make evident the practical and technical impossibility of carrying them out under the current legal framework. [ABSTRACT FROM AUTHOR]

The aim of this piece is to present an overview of certain recent trends which have emerged in the study and teaching of Roman law. These trends are identified and placed within the larger context of the role and function of the teaching of Roman law in Law Schools during the twentieth century. In addition, it is argued in this piece that trends regarding the study of Roman legal sources which have emerged in the context of U.S. Law Schools have the potential to enrich the discipline and to permit new questions to be asked about Roman law.

Because the post-secularity gradually becomes customary and shared by everyone, the authors conclude that it is necessary to recognize the important role of different religions in the lawmaking. The article attempts to analyze the influence of religious views and ideas on the modern law, including the impact of different religions on the modern legislative process. An important conclusion that the authors come to is that existing religions remain one of the most effective and active subjects of the civil society. Their role in the humanization of law remains traditionally significant, and the exclusion of religions from lawmaking during the period of theomachy in the USSR had a negative impact on the national legal culture and legal mentality of the Russian people. [ABSTRACT FROM AUTHOR]

The article emphasizes that in the context of reforming the legal system, it is necessary to consider not a legal doctrine, but a law doctrine focused on the organic unity of the state and law, in which law is a necessary form of state functioning. At the same time, the concept of “legal doctrine” is not denied, but it must be defined in relation to the concept of “law doctrine”. It is claimed that the concept of law doctrine reflects the need for the existence of an official position of the subject of the implementation of political and legal reforms regarding approaches, principles, ideas and provisions that determine the purpose, directions and methods of state-legal construction and which form the basis of the legal policy of the state. It is emphasized that the core of the law doctrine should be the legal mechanism of public power, which is defined as a system of public-power relations, which includes party-political, state and self-governing subsystems of organization and exercise of power in society and should ensure the target, functional and organizational unity of public authorities as a subject of the national idea, to ensure the progressive and stable development of Ukraine in the external conditions of the unstable development of the world. It is noted that the national idea is the starting point, which in the law doctrine should be specified through the ideas of a sovereign, independent, democratic, social, legal state, declared in Article 1 of the Constitution of Ukraine. The implementation of these ideas determines the content of all reforms of Ukrainian society and the state. The research of the phenomenon of public power has priority in the formation of the concept of law doctrine. Public power is exercised in the forms of the state and local self-government, the interaction of which is determined by the Constitution of Ukraine, primarily at the level of its foundations. However, the lack of conceptual unity of the basic constitutional provisions necessitates their change, which, according to the current Constitution, is approved by an all-Ukrainian referendum. [ABSTRACT FROM AUTHOR]

The article is devoted to the issue of artificial intelligence integration into the legal system. The human life is inextricably linked with digital technologies in the digital age. Legal regulation of developing and applying artificial intelligence has a complex influence on the legal system of Russian society. In this regard, the issue is characterized by high scientific and practical significance and meets the strategic needs of the legal policy of the Russian Federation. The purpose of the article is to formulate the main elements of the concept of integrating artificial intelligence into the legal system. Research methods contributing to reaching the aim are formal-legal, analogy, extrapolation, cultural-historical, modeling and forecasting. The results of the study can be outlined as follows. We think that humanistic approach to domestic legal system is the most optimal; within this approach artificial intelligence is naturally and imperceptibly integrated into the human environment as a smart intelligence that performs the functions of smart regulation. The legal regulation of embodied (robotic) and swarm (collective) artificial intelligence should be introduced with reasonable caution and predictability with regard to technical standards and controlled legal experiments after conducting the widest possible ethical expertise. When forming the concept of artificial intelligence integration into the legal system a number of fundamental factors must be taken into consideration: legal continuity of doctrinal legal knowledge, differentiation of legal regimes and consideration of the cultural and civilizational code and psychology and mentality of the society where such legal regulation is being developed and implemented.

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The development of the public administration system in Ukraine is taking place in conditions of dynamic changes. Therewith, the rapid pace of innovative socio-political changes proposed by powerful political players in the modern world and domestic representatives of the local authorities, challenges the ability of people to adapt to new social circumstances. Given the urgency of improving the quality of public administration, there is a need to create an effective civil service. The study defines the theoretical and methodological principles of modern national development towards its improvement and the functioning of public authorities. The purpose of this study is to substantiate the essence of modern national development to improve the functioning of public authorities, the conditionality of socio-political, technological development of the country, the role of decentralisation in management. The study addresses issues related to the updating of the content of public service activities in the context of interaction between government and society. The task of the civil service is to implement a purposeful public policy. Unfortunately, in the current era, its implementation in practice may face certain difficulties. The study analyses the current state of modernisation of society and the governing bodies and provides recommendations for improving the mechanisms of decentralisation of power by civil service personnel. Based on the analysis, it was concluded that the relevant issue of the modern Ukraine lies with the improvement of the legal regulation of the civil service in the context that the bureaucratisation of professional activities reduces the quality of the management process

Governance institutions evolve within historically-marked 'frontiers', but the judicial sector more so, in view of its sharper normative design. The motions of courts are shown to rest upon legal principles and patterns that draw cast and moulding from inputs of scholars and jurists nurtured in the common law tradition, and their heritage has constantly attended upon the conception and formulation of the modern codified Constitution, which constantly draws upon the same for its effectuation. The Constitution, therefore, rests upon the people's sovereign mandate, and the direct legislative signals, just as it remains predicated upon regular interpretation and re-definition by the values of the judicial order, largely evolved under the common law tradition - and thus, dependent upon the inspirational works of ages, of distinguished jurists in that tradition. [ABSTRACT FROM AUTHOR]

So far, the science of penal law has not looked closely into the term “doctrine”, and, in particular, “penal and legal doctrine” from the theoretical point of view. Thus we find it necessary to eliminate this gap, since the use of these terms and their synonyms varies greatly in the scientific and educational activities of penal institutions. Understanding the doctrinal grounds is also important for assessing the current situation and prospects for development of the science of penal law. The article analyzes the usage of the terms “penal and legal doctrine”, “criminal-executive doctrine” “doctrine of criminal-executive law”, “penal doctrine”, “correctional doctrine”; penal and legal doctrine is considered as part of legal doctrine; we study the notion of “legal doctrine” in its relations with adjacent categories (science, concept, position); we also investigate the effects of penal and legal doctrine on the penal and legal policy. We conclude that the term “penal and legal doctrine” is the core one and acts as a necessary prerequisite for scientific analysis. We also provide recommendations for the use of the term “doctrine” in the penal law sphere and put forward our own definition of the term “penal and legal doctrine”. In the course of our research we used general scientific, sectoral (social narrative) and level methodology (methods of theoretical and metatheoretical levels of cognition in science).

The paper analyzes the evolution of Wittgenstein’s philosophical ideas and the influence of his views on the analytical legal philosophy and the legal language theory. Based on the key arguments of the «Logical-philosophical Treatise», the author reconstructs the possibility of displaying legal phenomena in the legal language from the position of logical validity and the relationship between the syntax and semantics of normative prescriptions. Modern discussions about the possibilities of implementing Wittgenstein’s arguments about the rule following problem and the skeptical argument in the field of interpretation and clarification of the content of legal norms are considered. The concepts of D. Patterson and A. V. Nekhaev on the social context of interpretation of judicial practice and the motives of judges in making legal decisions are analyzed. The author substantiates the position on the deep relationship between every day and professional discourses in the legal language

The national administrative-legal doctrine is ultimately formed by domestic scholars-administrators, although the influence of the developments of foreign scholars (especially from the countries where the defining administrative-legal ideas and concepts originated) is difficult to deny. At the same time, the doctrine of administrative law differed objectively depending on the state to which the Ukrainian lands belonged in historical retrospect and the corresponding legal system. The purpose of the article is to highlight the historical and legal preconditions and the main factors that have influenced and continue to influence the formation of the national doctrine of administrative law both in the past and at the present stage. In addition, the task is to outline the main priorities for the development of administrative and legal doctrine, necessary to complete its full development in Ukraine. It is established that the change of the value orientation of administrative law from "state-centric", which dominated in the Soviet period, to "human-centrist", is supported today by almost all Ukrainian scholars-administrators or, at least, not denied in modern publications. But as of today, the emphasis exclusively on "human-centeredness" and ignoring the common interest, including the interests of the state or territorial communities, has also become a kind of bias, not very correct for the doctrine of administrative law. Unlike civil law, which focuses on the provision of private interests, the purpose of administrative studies since its inception is more complex and involves taking into account both private and public interests and ensuring a balance between them. The author concludes that while maintaining the priority of "human-centrism", to fully complete the formation of the national doctrine of national administrative law should pay special attention to the development of public interest and public good. There are also two other important areas of development for administrative and legal research at the present stage: the legal regulation of good administration and administrative discretion (discretionary powers), [ABSTRACT FROM AUTHOR]

The purpose of the article is to study the history of the formation of the doctrine of forensics in Ukraine; study of the formation of the forensics science and the main components of its object, subject and system; application of the provisions of the doctrine of forensics in law enforcement at the present stage. On the basis of historical analysis of monuments of ancient law, cases of use of scientific knowledge in the detection of crimes in the early stages of law enforcement practice, comprehensive analysis of source legal publications identified the prerequisites for the doctrine of forensics in Ukraine. The development of scientific knowledge, the origin of forensic knowledge, which are the basis of the general theory (doctrine) of forensics are shown. The expanded use of the provisions of the doctrine of forensics in criminal, civil, administrative, commercial litigation and other types of law enforcement is stated. The main regularities and perspective directions of development of forensics doctrine in Ukraine are determined, which are conditioned by modern tasks of this science and are shown in tendencies of general provisions of forensics, forensics technique, forensics tactics, forensics methods and process of improvement of forensics training of lawyers. [ABSTRACT FROM AUTHOR]

This article deals with the problems caused by the expiry of the sanctioning procedure and the prescription of offences and sanctions in the social order. It analyzes those sanctioning procedures initiated ex officio in which, once the proposal for a sanction has been formulated and notified to the administrated party, the latter appeals it and, once the statute of limitations for the infraction and the sanction has expired, the Administration issues an express resolution rejecting the appeal that empowers it to collect the sanction imposed. This way of acting by the Administration, leaving the appeal without a resolution, without executing the sanction and prolonging this situation for years, means that the administered party is submerged in the most absolute legal uncertainty. This article reconsiders this unjust jurisprudential criterion in the light of the new Law 39/2015.

Стаття присвячена визначенню природи правової доктрини та з’ясуванню її ознак як герменевтичної, аргументативної, пояснювальної, нормативної дисципліни. Обґрунтовано, що правова доктрина існує та розвивається в системі координат, які задаються правовими традиціями, світоглядними, культурними домінантами соціуму. Зроблено висновок, що правова доктрина має не тільки дескриптивний, а також прескриптивний характер. Окремо розроблено та запропоновано класифікацію правових доктрин.

Today there is a powerful challenge to legal doctrine. It is associated with outspreading into all spheres of life by artificial intelligence and new technologies (blockchain, artificial improving of the biological body and human abilities). In this regard, it is necessary to resolve a number of important issues concerning the possibility of recognizing artificial intelligence as the subject (person) of the legal relationship and the subject (person) of the crime, the qualification of the actions of the improved human and encroachment on him, finding the person of responsibility for decentralized legal entities.

The essay explores the reception of the Weimar Constitution in South America in the 1920s and 1930s. After some general and comparative remarks on the South American case, the article identifies certain milestones for understanding the particularities of the constitution’s reception by South American scholars, notably through the analysis of the first translations and early commentaries on the German Constitution of 1919. In a final section, it examines the normative reception proper, focusing on the Brazilian constituent debate and the 1934 Constitution.