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Journal articles on the topic 'Comparative legal method'
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Kuznetsova, O. A. "COMPARATIVE LEGAL METHOD IN CIVIL THESES." METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 2, no. 2 (March 1, 2020): 183–214. http://dx.doi.org/10.33397/2619-0559-2020-2-2-183-214.
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Magomedova, O. S. "Concept of International Legal Policy in Foreign Comparative Legal Studies." Moscow Journal of International Law, no. 3 (December 26, 2020): 27–43. http://dx.doi.org/10.24833/0869-0049-2020-3-27-43.
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INTRODUCTION. International legal policy is a new object in international legal studies, although this phenomenon exists as long as the external relations of States. International legal policy is a rare case of research subject, which remains unexplored. International legal policy as a Concept of State's policy towards legal aspects of international relations was formed in the 80-s of last century. Earlier the questions and their particular aspects now embraced by international legal policy were divided between international lawyers and international relations researchers. However international legal policy is an integral system of State's approaches to international legal matters, therefore its punctual research is relevant only from comparative point of view. It would be interesting to compare States' positions on concrete issues or States' tactics at different stages of realization of international legal norms. This article concerns the question whether comparative studies of international legal policy can be integrated into existing fields of comparative foreign relations law or of comparative research of international law.MATERIALS AND METHODS. The article surveys theoretic questions primarily on the base of doctrinal sources. The retrospective analysis of the comparative method in international law is based on works published by Russian and foreign experts during the XX century. Particular attention is drawn upon works of founders of comparative research in international legal studies. The concept of foreign relations law in the scholarship and practice of the U.S. is researched on the base of national case law, which formulated the principle of executive exceptionalism in State foreign policy. Research work is realized with the use of analysis, synthesis, systematisation, as well as methods of historical and comparative method.RESEARCH RESULTS. The Article consistently reveals meaning and the content of international legal policy as one of the authors of the concept, French lawyer and diplomat G. de Lacharriere, presented it. The Article examines the history of foreign relations law in the U.S. and presents its doctrinal estimations from viewpoint of American constitutional law. The research work specifies different points of view on content of foreign relations law and approaches to its justification. Indeed international legal policy and foreign relations law can be compared as two types of State’s approach to its legal position on the international scene. There are six parameters for comparison: sources, functions, subjects of both concepts, questions on allocation of foreign powers in the State, on relationship between international and national law, on the role of national courts in interpretation and application of international norms. In consideration of “national interest” concept the attribution of international legal policy to international organisations or supranational association is judged as incorrect. The article examines the question of applicability of comparative method in the international law within the discourse among scholars on how differently modern States evaluate international legal norms. Analysis of the tendency to contrasting States’ approaches to the international law encompasses its development from notions “international law of transitional period”, “international legal systems”, to notions “national approach”, “legal style”, “legal culture”. Brief survey of comparative international law gives perspective on diversity of approaches to comparable aspects of the international law. Comparative studies of international legal policy could get consolidated among them.DISCUSSION AND CONCLUSIONS. At first sight the comparative method is hardly applicable to the international law. However the universality of the international law doesn’t exclude variety of approaches to it. The research into international legal policy determined by national interests of every State allows to systemize positions of a State into a single strategy. At the same time comparative method doesn’t only provide classical comparison of States’ positions by issues, but also offers to compare inner-workings of the international legal policy and shaping factors. Nowadays in the context of trends on diversification of international relations (fragmentation, regionalisation), growing popularity of the comparative method translated into comparative foreign relations law and comparative international law. However international legal policy doesn’t correspond with categorial apparatus of comparative foreign relations law. International legal policy is nor able to apply methodological tenets of comparative international law due to its multivalued content. Most likely comparative studies of international legal policy can become a new approach within comparative international law, which should be based on the principles of concreteness and consistency.
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Малько, Александр, Aleksander Malko, Алексей Саломатин, and Alexey Salomatin. "Comparative Approach in Legal Policy." Advances in Law Studies 1, no. 1 (May 23, 2013): 0. http://dx.doi.org/10.12737/392.
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Legal Policy as a new direction in Legal Sciences is to help in transformation of legal mechanism of the state and all the legal life. It has become extremely important thanks to extreme complexities of post-modernizing society under circumstances of erosion of state sovereignty, intensive communication and spreading of legal information, civil involvement in legislative process. But only applying of comparative method in the form of Comparative Law, Comparative State Studying, Comparative Political Science can make Legal Policy more effective and precise.
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Дамирли, Мехман Алышах оглы, and Mehman Damirli. "Legal comparison: cognitive possibilities and varieties." Advances in Law Studies 1, no. 1 (May 23, 2013): 0. http://dx.doi.org/10.12737/393.
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Banakar, Reza. "Power, culture and method in comparative law." International Journal of Law in Context 5, no. 1 (March 2009): 69–85. http://dx.doi.org/10.1017/s1744552309005047.
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This review essay draws on a recently edited handbook by Esin Örücü and David Nelken to reflect on the methodological concerns and challenges of comparative law and sociolegal research. It argues that the contextualisation of laws should be regarded as the indispensable methodological characteristic of all comparative studies of law that aspire to transcend the understanding of law as a body of rules and doctrine. It further argues that although the cultural perspective facilitates contextualisation of the law, a cultural understanding is neither a precondition for undertaking comparative legal research nor necessarily the correct approach under all circumstances; for certain aspects of law and legal behaviour need not be conceptualised in cultural terms. The essay concludes by proposing that the combination of top-down and bottom-up approaches could provide a meta-methodological framework within which specific comparative techniques can be employed. Such a framework will enable comparatists and sociolegal researchers to account for how law interacts with, and simultaneously manifests itself at, the macro-, micro- and the intermediary meso-levels of society over time.
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А., Shevchenko, and Kudin S. "Main directions of improving the methodology of comparative history of law in the context of comparative legal science." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 74–78. http://dx.doi.org/10.33663/2524-017x-2020-11-13.
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The article examines the main directions of improving the methodology of comparative history of law in the context of comparative legal science. It is proved that the comparative historical approach includes a basic comparative historical method, and taking about the principles of interdisciplinary, it can integrate the methodological capabilities of those tools that are used in other areas of scientific knowledge. It is found that the comparative historical method integrates the existing ways, methods and techniques of comparative knowledge of all forms of reflection of historical and legal reality. It is revealed that the use of a comparative historical approach and method in the area of comparative history of law allows us to learn the general, special and unique in the historical and legal development of diverse manifestations and forms of reflection of historical and legal reality in relation to various "non-legal" phenomena. It is proved that such knowledge is based on the integration of subject knowledge and the plurality of their understanding. It is found that the comparative-historical approach can attract the possibilities of methodological approaches used in the Humanities and social Sciences and adapted to the knowledge of legal reality (anthropological, humanistic, civilization). In the comparative history of law area, they «aim» at the scientific study of historical and legal reality, and the comparative-historical approach integrates the acquired knowledge for the purpose of comparative research of the historical and legal development of its manifestations and forms of reflection. It is established that the comparative-historical approach not only integrates this knowledge, but also "processes" it in the comparative perspective of knowledge. It is proved that it becomes possible to receive and accumulate substantive knowledge about the historical dynamics of human and civil rights and freedoms, the legal status of various sectors of the population in any spatial geographical scope with the variety of their forms reflect, subject to the identification of common and different", "equal and opposite"; it becomes possible to clarify the common and different», «equal and opposite to the historical development of "human right" in different societies. It is proved that the comparative historical approach based on the recognition of the equivalence of the "legal values" of all civilizations and the fact that any civilization can not be considered as an ideal model, searches for and integrates the common and different", "identical and opposite", "common and different", "confrontational-dangerous", "sensational, explosive", that caused in history the non-perception and rejection of the "legal values" of other civilizations. Key words: legal science, comparative history of law, methodology, comparative historical approach, historical-legal reality.
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Ali, Muhammad Imran. "Comparative Legal Research-Building a Legal Attitude for a Transnational World." Journal of Legal Studies 26, no. 40 (December 1, 2020): 66–80. http://dx.doi.org/10.2478/jles-2020-0012.
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AbstractComparative Legal Research (CLR) is a valuable tool for legal research because it expands the history of community experience. Understanding basic knowledge in different systems fills the knowledge gap. However, the principles of globalization and universal human rights require a greater role for systematic CLR. This article analyzes the role of comparative legal research in contemporary legal education. The discussion is based on the idea that it is useful to distinguish between the education of lawyers and the conduct of comparative legal research. Comparative law is a successful field of study that has ignited a growing interest in academic and legal education in recent decades. It is proposed to pay more attention to the comparative pedagogy of legal research in today's world, where law students must be prepared to function in a global context. While comparative academic research, the goal is to foster a deep cultural understanding of foreign law, but in legal education, the goal is to learn the spirit as an advocate. This article provides an overview of the key conceptual tools to tackle the problem of the comparative methodology by introducing the logical argument to help the researcher to filter his approach. A literature review method will adopt for this article.
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Migachev, Anton Yu. "The Method of Comparative Studies in the Modern Legal Science." Legal education and science 10 (October 9, 2019): 43–47. http://dx.doi.org/10.18572/1813-1190-2019-10-43-47.
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Kuzmin, Igor. "Formal Legal Method as a Part of Comparative Studies Methodology." Law. Journal of the Higher School of Economics, no. 2 (June 10, 2017): 18–29. http://dx.doi.org/10.17323/2072-8166.2017.2.18.29.
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Petersen, Niels, and Emanuel V. Towfigh. "Network Analysis and Legal Scholarship." German Law Journal 18, no. 3 (May 1, 2017): 695–700. http://dx.doi.org/10.1017/s2071832200022124.
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In their contribution in this issue Mattias Derlén and Johan Lindholm use social network analysis to show that the European Court of Justice is a precedent-driven constitutional court that is comparable to the US Supreme Court with regard to the citation of precedents. The article and its use of network analysis as a method provoked a lively debate on the editorial board of theGerman Law Journalabout comparative law theory and methods generally and the place of empirical (including network) analyses in the comparative law discipline. For this reason, the editorial board commissioned this “special section” of contributions dedicated broadly to approaches to comparative law. In his essay in this section, for example, Jens Frankenreiter offers a detailed assessment of Derlén's and Lindholm's analysis. In this piece, we take a broader perspective and look at the utility and the limits of network analysis for legal scholarship generally.
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GARASYMIV, Taras Z., Nadiya P. PAVLIV-SAMOYIL, and Andrii I. HODIAK. "Legal Science Methodology through the Lens of Legal Thinking Innovations." Journal of Advanced Research in Law and Economics 11, no. 4 (June 15, 2020): 1145. http://dx.doi.org/10.14505//jarle.v11.4(50).09.
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The relevance of the subject matter lies in the low efficiency of generally accepted methods of legal research, the lack of modification and transformation from due to obsolescence and inconsistency with modern tendencies in the development of the legal scientific framework and legal thinking of subjects of such activities. This paper is not limited to the classical methods of cognition, it also touches on the topics of basic legal concepts, theories, and well-known approaches in legal science. The main purpose of this paper is to designate the modern methodology of legal science through the lens of innovations in legal thinking, methods of applying methodological approaches, including an in-depth analysis of research methods in legal disciplines with the use of a comparative analysis of Ukraine and countries of the European economic zone. To achieve this purpose, the following special methods of legal analysis were applied in the scientific paper: analysis, synthesis, generalization, hermeneutic method, historical method, comparative and structural-functional methods. As a result of the study, the already existing methodological approaches will be expressly outlined, as well as those that emerged due to innovations in legal thinking and are capable of covering the features of knowledge of law as a social phenomenon. Furthermore, urgent problems of theoretical and methodological aspects of the study of modern legal systems were identified on the example of different states. One of the successes of the scientific analysis of the methodology of legal science lies in the proposal of methods for conducting complex legal research, described by the features of modernity, relevance, and compliance with the information and technological development of social relations. In addition, the sources regarding the methodology of law in Ukraine and foreign countries are systematized. A historical insight into the becoming of the main tendencies and qualities of the evolution of views on the methodology of law will be the subject of comparative analysis in order to identify new methods of legal cognition. Recommendations regarding the subject matter are expressed in the prospects for further research on the problems of the methodology of legal science and the creation of ways to overcome them. Furthermore, research materials can be used in the preparation of training materials, teaching aids, as well as in the learning process in various areas of legal disciplines.
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Muravev, Yury. "TEACHING LEGAL ENGLISH TRANSLATION BY THE CASE METHOD IN RUSSIAN-ENGLISH LANGUAGE PAIR." Humanities & Social Sciences Reviews 8, no. 4 (September 10, 2020): 961–71. http://dx.doi.org/10.18510/hssr.2020.8493.
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Purpose of the study: The study aims to find parallels between legal translation practice and training by analyzing the case study methods' capabilities and limitations in academic institutions. It presents a comparative research of various situations of professional communication and legal documents employed as learning tools for the case study method in a classroom environment.
Methodology: The primary methods used in this research are case study method, analysis of ESP teaching materials, methods of comparative linguistics, descriptive statistics, and translation studies. The study rests on the use of translation techniques in Russian-English translation of case briefs that is why the author used algorithm-based machine translation software and grammar analysis software for in-depth analysis of legal documents.
Main Findings: Regular exercise following the suggested patterns of language training based on comparative legal case studies improves the relative translation competence and students' readiness for written and oral 'on-the-spot' translation in Russian-English language pair. It develops professional cross-cultural communication skills at the end of the final semester of Legal English training.
Applications of this study: The results of the research, including the suggested exercise patterns for implementing the case study method in teaching Russian-English translation, may be used as Legal English learning tools. Besides, some results of the research may contribute to the improvement of output quality of machine translation systems and the development of legal tech software.
Novelty of this study: The article presents a case study method used in legal translation training and task design for advanced levels of Legal English. The secondary goal is to find teaching methods that may enhance the learning motivation of Legal English students by realistic scenarios of business simulation games. The novelty aspect is the practical use of adjustable frames in task design.
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TROITSKAYA, ALEXANDRA A. "COMPARATIVE METHOD IN CONSTITUTIONAL LAW: BETWEEN PRESUMPTIONS OF SIMILARITIES AND DIFFERENCES." Proceedings of the Institute of State and Law of the RAS 14, no. 5 (December 12, 2019): 84–113. http://dx.doi.org/10.35427/2073-4522-2019-14-5-troitskaya.
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The two main approaches to the use of the comparative method in legal research, functional and cultural, have some "predetermined" considerations regarding the results that will (or should) be discovered by comparing various legal phenomena — should the emphasis be on similarities or differences between these phenomena. These considerations are based on the vision of, respectively, the universal or pluralistic nature of law of various societies, and in fact they are able to correct substantially the process of cognition of legal phenomena using the comparative method, adjusting it to the desired result. In the case of similarities, we can talk about artificially narrowing the circle of countries under investigation. In the case of differences, the isolation of systems and the uniqueness of their cultural characteristics are unreasonably exaggerated. The alternative assumptions presented in the theory of comparative law regarding the existence of universal principles of law or the fundamental uniqueness of each legal system require a critical rethinking of constitutional provisions and practice in comparative studies. The use of the comparative method in constitutional law is not reducible to the implementation of the ideas of political philosophy, and objective conclusions should not be replaced by predetermined normative guidelines. The similarities and differences revealed by the researcher of constitutional ideas, norms and practices can be considered as a result of comparison of independent value.Constitutional law is associated with a variety of substantial constructs existing in the world, not excluding, however, their intercommunication. Understanding these constructions requires attention to both the similarities and the differences in specific legal orders (as well as the reasons for their functioning in this, and not another form). The use of the comparative method in the absence of striving for predetermined results is simultaneously aimed at understanding the laws of development of constitutional institutions and maintaining the horizon of their diversity as an important component of this development. Each time, the researcher should distance himself from his prejudices regarding the similarities or differences between the institutes under study, rechecking whether the obtained results are really the results of applying the comparative method, and not the initial constructions.The logic of a comparative study corresponds to the construction of theories of "middle level", aimed at forming the theoretical model of a particular legal in-stitution, taking into account the practice of implementing this institution in specific states. The focus on middle-level theories within the framework of the comparative method allows one to go beyond the description of single systems, formulate conclusions at the level of generalization that ensure the comparability of the studied objects, and at the same time maintain an understanding of the diversity of constitutional models.
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Logvynenko, Mykola, and Iryna Kordunian. "REGISTERS OF MEDIATORS IN EUROPE: COMPARATIVE AND LEGAL ANALYSIS." Baltic Journal of Legal and Social Sciences, no. 2 (April 4, 2022): 81–86. http://dx.doi.org/10.30525/2592-8813-2021-2-9.
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The article considers the approaches to maintaining registers of professional mediators in different European countries, in order to apply this experience in Ukraine. General and special methods were used for the research, in particular the method of analysis, synthesis, deduction, and induction, as well as the method of comparison. Three groups of registration systems were analyzed: the first – which is carried out by public authorities, the second – by one organization, the third – by bodies and organizations. The advantages and disadvantages of these approaches were highlighted. The purpose and functions of the registers of mediators were determined. The article draws attention to the requirements for mediators in order to be included in the list (register). It was found out that the registration is a confirmation of the mediator’s qualifications.
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Bruno, Flávio Marcelo Rodrigues. "Apontamentos sobre o ordenamento jurídico na perspectiva do direito comparado." STUDIES IN SOCIAL SCIENCES REVIEW 2, no. 1 (September 7, 2021): 02–17. http://dx.doi.org/10.54018/sssrv2n1-001.
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Os primeiros registros de comparação entre direitos distintos remetem a antiguidade, contudo, veio a firmar-se como um estudo sistemático somente em meados do Século XIX. Hodiernamente, é inquestionável a importância do método comparatista, para o aprimoramento dos Sistemas Jurídicos que regem as nações. Sendo este, uma fonte extremamente importante para o cotejo de semelhanças e diferenças entre normas, instituições, mecanismos etc., que poderão futuramente ser recepcionados por um determinado país. Pode-se afirmar, nesse contexto, que é importante a comparação entre realidades similares para evitar inoperabilidade ou mau funcionamento do conceito importado. Por exemplo, tem-se o caso do instituto da delação premiada que ao ser importada e recepcionada no ordenamento jurídico do país que o recepcionou desvirtuou-se de sua proposta inicial. Entende-se, portanto, que o estudo comparativo do direito é fundamental para a análise e compreensão das distintas famílias jurídicas, sendo um método indispensável para resolver situações de conflitos entre normas de países diferentes, assim como, para o aprimoramento das normas e mecanismos vigentes no país. Sob esta perspectiva, de auferir essencialidade à metodologia comparativa entre distintas concepções normativa, é que o presente trabalho tem por objetivo refletir sobre o ordenamento jurídico na perspectiva positivista kelseniana, verificar o sentido e a compreensão sobre a metodologia comparativa e dimensionar a importância da interface entre ordenamentos jurídicos na perspectiva comparada. Concluindo que não existem ordenamentos jurídicos porque há normas jurídicas, mas existem normas jurídicas porque há ordenamentos jurídicos distintos dos ordenamentos não jurídicos – perspectiva essencialmente comparativa.
The first records of comparison between distinct rights refer to antiquity, however, it came to be established as a systematic study only in the mid-nineteenth century. The importance of the comparative method is undoubtedly important for the improvement of the legal systems that govern nations. This is an extremely important source for the comparison of similarities and differences between norms, institutions, mechanisms, etc., which may be approved by a given country in the future. In this context, it can be stated that it is important to compare similar realities to avoid inoperability or malfunction of the imported concept. For example, there is the case of the institute of the awarding donation that when being imported and received in the legal system of the country that received it distorted its initial proposal. It is understood, therefore, that the comparative study of the law is fundamental for the analysis and understanding of the different legal families, being an indispensable method to resolve situations of conflicts between norms of different countries, as well as, for the improvement of the norms and mechanisms in force in the country. In this perspective, to gain essentiality to the comparative methodology between different normative conceptions, is that the objective of the present work is to reflect on the legal order in the positivist kelsenian perspective, to verify the meaning and the understanding about the comparative methodology and to dimension the importance of the interface between comparative perspective. Concluding that there are no legal systems because there are legal rules, but there are legal rules because there are different legal orders of non-legal systems - an essentially comparative perspective.
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Vaskevich, V. P., and A. G. Demieva. "SOME FEATURES OF THE COMPARATIVE LEGAL METHOD USAGE IN CIVIL RESEARCH." METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 2, no. 2 (March 1, 2020): 319–38. http://dx.doi.org/10.33397/2619-0559-2020-2-2-319-338.
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Kudratov, Manuchehr, and Denis A. Pechegin. "Towards the German Doctrine Interpretation and Criticism of the Construct of Comparative Criminal Law Studies." Russian Journal of Legal Studies (Moscow) 8, no. 4 (January 18, 2022): 55–62. http://dx.doi.org/10.17816/rjls88179.
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It is difficult to deny the usefulness of the method of comparative jurisprudence. Studying the foreign experience of jurisprudence makes it possible to penetrate deeper into understanding the object of research and, accordingly, to approach the solution of a particular doctrinal problem, including taking into account the latest doctrinal approaches. However, do we realize how correctly this method is or is not used by scientists and researchers in reality? Do we see the grounds for a conclusion presented in any foreign publication made based on its conclusions that can claim the status of an objective experience, not subjective or descriptive knowledge?
The article presents an objective and scientific review of the interpretation and criticism of the construction of comparative legal studies from well-known and respected scientists and various directors of the Institute of International Law and International Criminal Law Max Planck (Freiburg, Germany).
This goal is achieved by solving tasks such as analyzing the functions, methods, and theoretical concepts of comparative criminal law and comparing them to one another. It also identifies negative aspects of a superficial attitude to this method of conducting scientific research, which aspects have consistently been paid close attention by eminent German scientists.
Research methods: method of comparative and historical analysis, method of system analysis, formal-logical method.
The results of the study: the fundamentals of the German legal doctrine of the construction of comparative legal studies on the example of the branch of criminal law are summarized, the actual problems of the comparative method of analysis are outlined, and specific criteria are presented based on which it is possible confidently to assert the scientific nature of the obtained comparative legal knowledge.
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Andrii, Borovyk, Vartyletska Inna, Vasylenko Yuliia, Patyk Andrii, and Pochanska Olena. "Rules of criminal liability for corruption offences and their prevention." Cuestiones Políticas 39, no. 68 (March 7, 2021): 723–34. http://dx.doi.org/10.46398/cuestpol.3968.46.
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The objective of the article is to conduct a comparative legal study of Ukrainian and international standards of criminal liability for corruption offences and their prevention. The research methodology includes the following methods: system-structural method, formal-dogmatic method, historical method, grouping method, comparative-legal method, legal modeling method and others. As a result, the peculiarities of anti-corruption regulatory-legal provisions and police practice in the states analyzed are clarified, with the selection of relevant positive and negative trends, principles of construction of anti-corruption policy, specificity of the conceptual apparatus, etc. Emphasis is placed on the need to further harmonize Ukrainian legislation with international agreements and the practice of their implementation. It is concluded that negative trends in foreign countries have been found to be the result of non-compliance with relevant commitments to combat and prevent corruption.
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Shablystyi, Volodymyr, Svitlana Obrusna, Yuriy Levchenko, Vitaliy Gluhoverya, and Viktoriia Rufanova. "Social and legal nature of bullying." Revista Amazonia Investiga 10, no. 37 (March 5, 2021): 78–85. http://dx.doi.org/10.34069/ai/2021.37.01.7.
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The aim of the article is to analyze the concepts of bullying and mobbing, to determine their social and legal nature, to formulate our own definition of these terms. The subject of the study is an analysis of the concepts of bullying and mobbing. The research methodology includes the following methods: system and structural method, formal and dogmatic method, historical method, clustering method, comparative and legal method, legal modeling method and others. The results of the study. The definition of bullying is comprehensively studied, its types are singled out, the phases of its development are determined. Practical implication. The difference between bullying and mobbing, as well as between bullying and conflict, is studied. Value / originality. Based on the research conducted the authors’ concepts of bulling and mobbing are proposed.
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Arslanov, К. М. "THE CURRENT VALUE OF THE COMPARATIVE LEGAL METHOD FOR SCIENTIFIC RESEARCH OF FOREIGN (GERMAN) LEGAL EXPERIENCE." METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 2, no. 2 (March 1, 2020): 89–105. http://dx.doi.org/10.33397/2619-0559-2020-2-2-89-105.
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Kuznetsov, A. P. "COMPARATIVE JURISPRUDENCE IN THE FIELD OF CRIMINAL LAW." Vestnik of the Russian University of Cooperation, no. 3(45) (October 10, 2021): 125–29. http://dx.doi.org/10.52623/2227-4383-3-45-24.
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The article examines the role and significance of the method of comparative jurisprudence in criminal law research, notes its object, as well as the specifics of the knowledge obtained as a result of its application. The correlation of the method of comparative jurisprudence in criminal law with other legal branches of law is carried out: with the theory of state and law, the history of law, international criminal law, criminology, penal enforcement law, legal statistics. Their interdependence and conditionality are established, the effectiveness and relevance of the method of comparative law are determined. It is concluded that the method of comparative jurisprudence in criminal law allows us to obtain a generalized scientific product about the main laws of the development of national and foreign criminal law, about the relationships with other branches of law and legal disciplines; to distinguish one branch of knowledge from another; to consider legal categories, institutions and norms in their historical formation and development; to identify new results for the transition from the known to the unknown, using the scientific tools developed by the general theory of law.
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Safonchyk, Oksana, Kateryna Hlyniana, and Svetlana Mazurenko. "Trust Property: Legal Aspects." Cuestiones Políticas 38, Especial (October 25, 2020): 383–95. http://dx.doi.org/10.46398/cuestpol.38e.25.
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The article is devoted to the history of the emergence and formation of the institution of trust property in relation to various legal systems. The purpose of such a historical analysis of the institution of trust property is to find a possible place of this legal institution in domestic law, because trust property is a relatively new legal construct for Ukrainian law. The relevance of the article is to study the possibility of using the Anglo-American Trust Institute in Ukraine. The object of the study of this article is the legal relations arising from the institute of trust property. Methods of historicism, method of logic, method of analysis, method of synthesis, method of systematic research, and comparative-legal method were used in the study. The authors concluded that the institution of trust property goes back to one of the branches of English law. At the same time, the institution of trust is not inherent in the domestic legal system. However, since the 1990s, the domestic legislator has tried several times to introduce the relevant institution into Ukrainian legislation. So far, all of these attempts have failed.
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Świstak, Marzena. "Financial-Law Problems in Providing Free-of-Charge Legal Aid in Poland. Legal Comparative Aspects." Review of European and Comparative Law 44, no. 1 (February 19, 2021): 103–26. http://dx.doi.org/10.31743/recl.11495.
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Free-of-charge legal assistance remains one of the key areas of state activity. However, the system created is not optimal and its formal, organisational and financial framework needs to be modified. This concerns not only an increase in the amounts of funding, but also the quality of services provided. Not only is the choice of the legal and organisational model of providing legal assistance doubtful, but also the subjective and objective scope of the statutory regulations (including in the context of interpretation of tax regulations) raise some objections. As a postulate for the law as it should stand de lege ferenda), it is proposed to make appropriate legislative changes, aimed not only at clarifying the content of the provisions, or removing the legislative inconsistencies found, but also at thoroughly considering a remodelling of the legal assistance system in Poland. The above conclusions were formulated against the backdrop of the organisational and financial legal solutions adopted in other countries. To this end, the author used the formal-dogmatic and comparative legal methods, and also resorted to the historical method as an auxiliary method, in order to show the evolution of the institution under analysis.
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Zakharova, M. V. "Conversations about Hard and Soft Lex Bioetica in the Context of Grand Challenges of the External Environment." Kutafin Law Review 9, no. 1 (April 6, 2022): 139–55. http://dx.doi.org/10.17803/2313-5395.2022.1.19.139-155.
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The paper is the result of a multidimensional comparative study of the ratio of hard to soft Lex Bioetica application on the modern legal map of the world. In terms of methodology, the study was based on both general and special methods of cognition. The formulation of the doctrinal approaches to the issue of Lex Bioеtica would be impossible without a comparative analysis carried out within the framework of interdisciplinary (comparison of the legal doctrine with the related spheres of knowledge, such as philosophy and sociology), cross-branch (comparative analysis of the approaches used in comparative law, philosophy and theory of law as well as in branch legal disciplines), cross-border (comparison of different national legal systems with each other and with international law provisions), as well as chronological (historical comparative analysis) approaches. Application of the sociological method and the legal modeling method allowed identifying the social foundations of Lex Bioеtica evolution existing in the global legal practice, and outlining the potential ways for the reform of the Russian system in this regard. The study also relied on synergistic research. The synergistic method allowed modelling the evolutionary picture of Lex Bioetica on the legal map of the world. The general conclusion with regard to the evolution of Lex Bioetica in Russia is presented in the form of a scientifically substantiated thesis stating that, in addition to developing Lex Bioetica at the integration level of cooperation (primarily in the Eurasian space), the Russian Federation needs to bring the bioethics-related discourse to the level of hard Lex Bioetica.
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Ivanchak, A. I., and A. A. Kupreenkova. "Genesis and progression of obligations, arising from unjust enrichment: comparative law research." Journal of Law and Administration, no. 1 (July 28, 2018): 79–85. http://dx.doi.org/10.24833/2073-8420-2018-1-46-79-85.
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Introduction. The article presents a comparative legal analysis of the genesis of the institution of obligations arising from unjust enrichment in countries belonging to different legal families. English and American law as vivid examples of the precedent system of law were chosen for comparison. The comparative research revealed the general and special features of the institution under study, as well as the trends in its functioning and development.Materials and methods. The methodological basis of the research consists of the general scientific and special methods of cognition of legal phenomena and processes in the sphere of international private law: the method of the system-structural analysis; the method of synthesis of social and legal phenomena; the comparative legal method; the formal-logical method; the historical method and others.Results of the study. The results of the research revealed that the institution of obligations arising from unfounded enrichment was embodied in the 20th century in the laws of Russia, the UK and the USA, but still remains at the stage of active development. Formation of the unjust enrichment institution was based in the named countries on the sameprinciples borrowed from Roman law. This approach made a basis for uniformity in the definition of the concept and the actual composition of the unjust enrichment institution. A significant difference in functioning of the unjust enrichment institution was revealed in the mechanism of rights protection.Discussion and conclusion. The institution of obligations arising from the unjust enrichment is a unique institute of civil law that provides for the fullest realization of a person’s right to protection. This legal institution continues to develop, to which the study of its genesis and a foreign experience contributes immensely.
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Шабуров, Анатолий. "LEGAL TERMINOLOGY AND LEGAL CONCEPTS AS LEGAL AND TECHNICAL MEANS AS WELL SA SCIENTIFIC AND THEORETICAL CATEGORIES." Rule-of-law state: theory and practice 16, no. 4-1 (April 1, 2020): 131–45. http://dx.doi.org/10.33184/pravgos-2020.4.13.
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Legal terms should be understood not only as a technical means, but also as the most important scientific and legal category that ensures the content of law, the development of legal science, the quality of legal acts and the effectiveness of legal regulation in general. This is due to the fact that real knowledge of legal phenomena and processes is possible only by analyzing legal concepts expressed in legal terms. The inseparable connection of legal concepts and the terms corresponding to them suggests that increasing the role of the latter is impossible without the scientific development of legal concepts. Purpose: to show the great importance of the categories «legal (law) terminology» and «legal concept» as the most important scientific and theoretical legal terms and means of legal technology. Methods: empirical methods of description and interpretation; special scientific formal legal method and comparative legal method. Results: a critical analysis of the views on legal terms of famous national and foreign jurists is carried out; legal terminology is recognized as the main means of legal technology; the similarities and differences of legal terminology and its concepts are named.
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Harasani, Hamid. "Islamic Law as a Comparable Model in Comparative Legal Research." Global Journal of Comparative Law 3, no. 2 (September 26, 2014): 186–202. http://dx.doi.org/10.1163/2211906x-00302002.
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Increasingly, Islamic law has become the subject of comparative legal study. Further, in the applied sense, comparative legal studies’ greatest value lies in understanding our own legal systems, as well as benefiting from other legal systems by importing what we lack from them. Unlike secular legal systems, Islamic law, being religious in nature and having eschatological connotations, requires reworking the comparative legal method to take account of that. When it comes to religious laws, hermeneutics play a key role, as a religious legal system will only be receptive to foreign norms if such norms earn their place internally, following hermeneutic justification. Cultural and religious pride, as well as intellectual impartiality, decrees that a legal solution should not be preferable just because it comes from the First World. This paper will therefore formulate a methodology for comparative legal studies where religious law is one of the comparative models and there are potential suggestions of legal transplant.
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Lutsenko, Yuriy, Anatolii Tarasiuk, Valentyna Kryzhna, Victor Motyl, and Antonina Dimich. "Legal aspects of civil-military cooperation in comparative context." Revista Amazonia Investiga 10, no. 48 (December 30, 2021): 138–49. http://dx.doi.org/10.34069/ai/2021.48.12.15.
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The goal of the research paper is to study, with active reference to the comparative legal method, Ukrainian and foreign models of civil-military cooperation (CIMIC). The following scientific methods have been used to study chosen military-legal issues, substantiate the theses expressed by the authors, and formulate conclusions: historical-legal, system analysis, formal-logical and method of comparison. It has been determined that CIMIC concept remains novel for both Ukrainian military and civil society in general at the current stage of national, political and defense development; in fact, CIMIC doctrine is also a relatively new phenomenon in the military doctrine and standards of NATO member states. Based on the results of the study, it has been argued that Ukrainian CIMIC doctrine of the Central Command as a program document in a certain direction should further focus on the following areas: 1) development of a culture of mutual respect, trust and support between all involved military and non-military actors; 2) promotion of patriotic education in Ukrainian society, protection of the rights and freedoms of members of the Central Election Commission; 3) use of CIMIC units as a platform for civil-military contact and cooperation in eastern Ukraine, especially in the area of the Joint Forces Operation; 4) promotion of legal guarantees of gender equality and equal opportunities for men and women in the Armed Forces of Ukraine.
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Odintsov, Stanislav, Marina Trubina, and Mohammad Mansour. "Comparative legal analysis of protectability of olfactory trademarks." Revista Amazonia Investiga 9, no. 27 (March 21, 2020): 129–39. http://dx.doi.org/10.34069/ai/2020.27.03.13.
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In the current growing global commercial turnover of goods and services, there are increasing demands on the ways of their individualization. This applies both to traditional methods of individualization (corporate name, trademark, commercial designation, name of origin, etc.) and non-traditional (olfactory trademarks). The purpose of this study is to study and analyze doctrinal concepts, norms of the current legislation, and law enforcement practice concerning the protection of rights of olfactory trademarks. In order to achieve this objective, the study used a comparative legal method, which analyzed the legal and regulatory framework, as well as the grounds for refusing to register non-traditional trademarks in various legal systems and national jurisdictions. The task of the authors was to conduct a comprehensive study of legislative regulation and practice of legal protection of olfactory trademarks in various jurisdictions. The result of the research is the formulation of a general trend in different jurisdictions toward the legislation on registration of exclusive rights to non-traditional trademarks, which with the help of aromas (smells) allow individualizing the owners of goods produced by them and/or commercial services provided.
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La Spina, Encarnación. "Tools, Gaps and False Myths in Comparative Legal Research on Human Rights." Age of Human Rights Journal, no. 13 (December 5, 2019): 21–43. http://dx.doi.org/10.17561/tahrj.n13.2.
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In recent years, the comparative perspective has become increasingly used as a methodological approach to human rights research in the scientific literature. This paper is not intended to summarise the virtues and shortcomings that can be attributed to comparative legal research in the specific field of human rights. Rather, its aim is to critically reconsider its interdisciplinary role and, in particular, to reflect on two of the most popular methods in this field of research: legal comparison and the case study method. Firstly, this paper reviews the method in question, including its typologies and grounds for use. Secondly, it outlines the techniques that determine what and how to compare. Finally, a SWOT evaluation of comparative legal research on human rights is provided, identifying its strengths and weaknesses in order to dispel false myths.
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Billis, Emmanouil. "On the methodology of comparative criminal law research." Maastricht Journal of European and Comparative Law 24, no. 6 (December 2017): 864–81. http://dx.doi.org/10.1177/1023263x17745795.
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Comparative legal research aims at identifying modern trends in, and searching for convergences and divergences between more than one legal system. Any meaningful implementation of elements of foreign legal systems at the national level and the smooth realization of the objectives of international and supranational justice presuppose a reciprocal understanding between legal orders that adhere to different traditions in terms of their normative foundations. This study focuses on the methodological questions of basic comparative research in the field of criminal justice. The article first briefly addresses the general problem of defining the aims and methods of a (comparative) research project (Section 1). Subsequently, the article explores the research method of functional comparison. The application of the functional method to the analysis of judgments rendered by supranational and international courts is also examined using the example of a recent case decided by the Court of Justice of the European Union on limitation periods (Section 2). The article concludes with an introduction to the construction and application of ideal types for the purposes of analysis and comparison, using the examples of criminal prosecution and procedure, with a special focus on modern evidentiary and plea-bargaining proceedings (Section 3).
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CHUMACHENKO, Ivan. "Internal and Cross-Border Conflict of Laws Regulation in the United States of America." Journal of Advanced Research in Law and Economics 9, no. 3 (June 15, 2020): 784. http://dx.doi.org/10.14505/jarle.v11.3(49).11.
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The relevance of the research is due to the development of cross-border economy relations with involvement of the United States residents and the residents of other countries. Such an interest considers the questions about the correct choice of the applicable law in the framework of legal relations with the participation of U.S. residents carried out in the territory or residents of the different countries covered by the jurisdiction of the United States.
The authors objectives under this article is to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of the U.S. Federal law, the laws of certain U.S. states with the laws of other countries, as well as, in some cases, with international law. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of analyses of legal acts and judicial precedents. The basic method used in the paper is a comparative method. By applying of this method, the author tries to show the differences between US legislation (as the common law system country) and continental (civil) law countries in relation to the resolving of the conflicts of law. By using of the comparative method, the author also tried to show the differences between the English and the U.S. law. The comparative method also compared with the method of analyses by using of this method the author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as U.S. doctrine sources. The author provides the basic concepts regarding to the law on conflicts, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. As the results of the research, the author concludes that even if there are separate (special) legal acts, judicial cases, as well as doctrine sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of U.S. ‘law on conflicts’ or ‘conflict of laws’.
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Semyonovykh, Anastasia E. "Legal Protection and Legal Defense: Approaches to the Study of Concepts." SHS Web of Conferences 134 (2022): 00122. http://dx.doi.org/10.1051/shsconf/202213400122.
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The paper considers a controversial issue of the relationship between the concepts and legal phenomena “legal protection” and “legal defense”. The author puts forward and substantiates a hypothesis on the differentiation of the concepts of “legal protection” and “legal defense” based on teleological purposes. Moreover, the author draws attention to the chronological differences in the impact of legal protection and legal defense. The methodology of scientific research includes the dialectical method, as well as general scientific logical operations (deduction and induction, analysis and synthesis) and special scientific methods (formal legal and comparative legal methods). The author studies various epistemological approaches to differentiate concepts and phenomena (study of structure, study of functional purpose, study of instrumental purpose), by the construction of conceptual series. As a result of the research, the author confirms this hypothesis, taking into account the basis of the developed conceptual series.
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Lenaerts, Koen. "Interlocking Legal Orders in the European Union and Comparative Law." International and Comparative Law Quarterly 52, no. 4 (October 2003): 873–906. http://dx.doi.org/10.1093/iclq/52.4.873.
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Even if an external observer who takes an interest in the case-law of the Court of Justice of the European Communities and of the Court of First Instance of the European Communities may not have such an impression at first sight, comparative law plays a central role in the activities of these courts. It means much more than simply looking at solutions given to certain problems in the legal orders of the Member States. As a former president of the Court of Justice rightly observed, recourse to comparative law is for the Court of Justice essentially a method of interpretation of Community law itself.1 For the Court of Justice and the CFI (below often referred to as ‘Community judge’ or ‘Community courts’), it is one method amongst other methods of interpretation of the law (such as literal, exegetic, historical, systematic interpretation) and it constitutes a tool for establishing the law.2
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Toktogonova, G., and M. Karimova. "Value of Comparative Law for the Kyrgyz Republic." Bulletin of Science and Practice 7, no. 3 (March 15, 2021): 269–73. http://dx.doi.org/10.33619/2414-2948/64/31.
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The article considers the relevance of comparative law as a science and method that contribute to the development of law on the territory of the state and international private law relations. The article describes the importance of comparative law for legal education in the modern legal life of the Kyrgyz Republic. The article examines the contribution of comparative law to the improvement of the national legal system of the Kyrgyz Republic. The article considers the importance of comparative law in creating favorable conditions for fruitful cooperation of lawyers from different countries.
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Mulder, Jule. "New Challenges for European Comparative Law: The Judicial Reception of EU Non-Discrimination Law and a turn to a Multi-layered Culturally-informed Comparative Law Method for a better Understanding of the EU Harmonization." German Law Journal 18, no. 3 (May 1, 2017): 721–70. http://dx.doi.org/10.1017/s2071832200022148.
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This article argues that comparative law needs to explore its critical potential when engaging with the European harmonization process and its effects on the law of the Member States. In the first part, the article evaluates existing comparative law methods and their suitability to identify legal and cultural factors that influence the judicial reception of EU harmonized law on a national level. Using EU non-discrimination law as a case study, it questions to what extent traditional methods are suitable to explain differences in the national judicial reception of EU harmonized law, despite the exclusive competence of the Court of Justice of the European Union to interpret EU law. In doing so, it considers the potential of critical comparative law for the development of a deeper understanding of the national courts' reception of EU harmonized law as a key part of the broader legal harmonization process. In the second part, the article develops an original multi-layered culturally informed method to compare EU harmonized law. The proposal goes beyond the existing methods of comparative law by including critical aspects and stressing the relevance of embedding a general normative framework in any comparative critique. It challenges comparatists to reach deeply into national cultural spheres and to identify key influences on the application of EU rules and EU-national legal ‘hybrids’. The method creates room for multi-layered narratives of comparison aimed at gaining a deeper understanding of the national legal and non-legal cultural background that can hinder or facilitate harmonization processes. This enriched comparative critique can offer new insights into the process of legal harmonization in the EU, particularly by focusing on the point of application rather than the previous phases of creation of EU law and its reception by Member States.
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Shivachev, Yani, and Paraskeva Mancheva. "MANUAL THERAPY AND OSTEOPATHY - COMPARATIVE ANALYSIS." Journal of IMAB - Annual Proceeding (Scientific Papers) 28, no. 1 (February 9, 2022): 4233–36. http://dx.doi.org/10.5272/jimab.2022281.4233.
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Purpose: to study and analyze the commonalities and differences between manual therapy and osteopathy. Material and methods: a content analysis of bibliographic descriptions and relevant articles on manual techniques and their application in patients with acute and chronic problems; historical method for studying the world practices in manual therapy and osteopathy; a documentary method for the legal regulation of the considered problem is studied in the normative acts, strategic and ethical documents. Results: a review of the literature and regulations reveals the commonalities between OP and MT: both use manual techniques for spinal dysfunction to reduce pain and improve movement in the affected joints but are not recognized as independent professions. The available differences relate mainly to the lack of a legal framework for training and practice in osteopathy and legal regulation of manual therapy as a specific field in the specialty "Physical and Rehabilitation Medicine". Conclusion: The retrospective analysis clearly shows the place and role of manual therapy and osteopathy in the world. Despite the shared roots between MT and OP in Bulgaria, we find many differences in the legislative framework, training and practice. There is still no procedure for separating manual medicine into an independent medical profession in Bulgaria.
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Шигаль, Д. А. "Theoretical and methodological basis of the comparative historical and legal method development." Problems of Legality, no. 129 (May 26, 2015): 19–28. http://dx.doi.org/10.21564/2414-990x.129.51605.
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Bolshakova, Valentina M. "On some issues of legislation harmonization on legal proceedings and representation: comparative legal characteristics." Current Issues of the State and Law, no. 19 (2021): 373–87. http://dx.doi.org/10.20310/2587-9340-2021-5-19-373-387.
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The subject of research is the issues of improving the legislation on the judicial system, legal proceedings types, further unification of duties of general jurisdiction courts and analysis of requirements for a procedural representative. The modern legal doctrine contains legislative regulations governing various spheres of social activity. One of these areas is the regula-tion of the structure and regulatory legal framework of the activities of judi-ciary, administering justice and implementing in practice the basic principles of the legal state. Method, research methodology: we illustrate the need to improve the legislation on the judicial system and legal proceedings based on the application of comparative legal and systemic research methods. The novelty of research, main conclusions: we consider social trends leading to judicial changes, we present the corresponding opinions of scientists on this issue. As a result of the conducted scientific research, we establish that some normative legal acts regulating the types of legal proceedings, the duties of general jurisdiction courts, as well as the institution of procedural representation, need to be amended in order to bring them into line with constitutional provisions and establish precise legal and technical formulations. We especially note that this study makes it possible to assess how optimal the judicial and procedural legislation is at present and how effectively it allows for judicial protection of violated or disputed rights and simplifies citizens' access to justice.
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Sadokhina, Nataliya E., and Oleg G. Shadsky. "Comparative legal analysis of legal status models of state and municipal employee." Current Issues of the State and Law, no. 20 (2021): 678–91. http://dx.doi.org/10.20310/2587-9340-2021-5-20-678-691.
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The relevance of this study is due to the great importance of the institution of state and municipal service in ensuring the tasks and functions of the state. The legal status of state and municipal employees is being perma-nently reformed. The next stage of reforms is associated with the amend-ments to the Constitution of the Russian Federation made in 2020, which also affected the requirements for persons employed in the public service. In addition, the appearance in the Constitution of the term “public authority”, which includes not only state power, but also local self-government, largely predetermined the unification of requirements for persons employed in state and municipal service. The constitutional changes led to the reform of legislation in this area. We conclude about the importance of comparative legal research for the scientific substantiation of ongoing legislative reforms. The comparative legal method of research allows us to single out the general, special and singular in the development of normative regulation of the legal status of state and municipal employees in various legal families and systems of our time. Based on the analysis carried out, we determine the similarity in the structure of the legal status of state and municipal employees in Russia and foreign countries. At the same time, attention is drawn to the fact that the range of civil service positions in the Russian Federation is narrower than abroad. We forecast the ways of development of domestic legislation in this area.
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Shulzhenko, Nadiia, Snizhana Romashkin, Oleksii Shulzhenko, and Sergii Mokhonchuk. "Implementation of international crimes under the Rome Statute into national legal systems." Revista Amazonia Investiga 9, no. 28 (April 21, 2020): 528–35. http://dx.doi.org/10.34069/ai/2020.28.04.57.
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The present research paper describes the most traditional ways of Implementation of Rome Statute. The main section of the paper concerns the effect of adopting Core crimes in different countries as well as determine key way of such implementation and its practical results. Such description aims to comprehend and compare the practical questions which arise in the prism of implementation of International Crimes, as well as find good practical answers which are based on states’ experience. Most issues, which will be introduced in this article should answer following important questions: first is whether the states have to implement international regulations on genocide crimes, terrorism, war crimes with crimes against humanity, and second question is arisen due to the definition of International Crimes in national laws. At main part of the research, we discuss the national legal background to implement the regulations of Rome Statute, as a part of International law, as well as analyze foreign countries experience in this direction. In this legal research, three categories of methods were used: philosophical methods, general scientific methods and legal methods. All the methods, including dialectic method, method of analysis and synthesis, historical, sociological and comparative, the method of the general theory of scientific knowledge of social and legal phenomena, as well as, method of systematic analysis, comparative legal method, and logically legal method were used to consider the most traditional ways of Application of the Rome Statute in domestic laws together with all the regulations of international law in general.
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Lez’er, Victoria, Vyacheslav Sevalnev, Ekaterina Cherepanova, and Valeriy Zhabskiy. "Measures of criminal law regulation of environmental crimes in the Tyumen city." E3S Web of Conferences 164 (2020): 11030. http://dx.doi.org/10.1051/e3sconf/202016411030.
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The aim of the article is to analyze the measures of criminal-legal regulation of environmental crimes in Russia, using the example of the city of Tyumen, based on a study of official statistics, current criminal and other legislation, and general theoretical provisions. In the process of writing the article, following research methods were used: formally legal, historical and legal, comparative legal method, analysis, comparison, statistical method and others. The authors provide official statistics regarding the criminal situation in Tyumen in 2015-2019 on environmental crimes.
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Рубцова, Наталья, and Natal'ya Rubcova. "On the Relationship between the Mechanism and the Method of Legal Regulation of Businesses." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 3, no. 2 (September 3, 2019): 181–86. http://dx.doi.org/10.21603/2542-1840-2019-3-1-181-186.
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The paper features the correlation between the concepts of mechanism and method of legal regulation in the context of entrepreneurial activity. The research objective was to determine the features and prospects of the development of the mechanism of legal regulation in business sphere. The research was based on the General scientific dialectical method and such private scientific methods as comparative, historical, logical, and modeling. The paper describes separate elements of the mechanism of legal regulation that structure certain public relations. The authors analyzed opinions of legal scholars on the mechanism and method of legal regulation. The mechanism and the method of legal regulation proved to be non-identical concepts. In contrast to the method of legal regulation, which means a set of techniques and methods by which certain social relations are regulated, the mechanism of legal regulation reflects a certain technology of legal regulation. In addition, it ensures the functioning of both the system of law as a whole and its individual branches and institutions. This study can serve as a basis for a further analysis of the mechanism of legal regulation to determine its effectiveness in relation to business regulation.
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Tretyak, I. "The mechanism of checks and balances as a method of constitutional conflicts solving: comparative law issues." Law Enforcement Review 2, no. 4 (December 28, 2018): 43–50. http://dx.doi.org/10.24147/2542-1514.2018.2(4).43-50.
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The subject. The paper is devoted to legal analysis of category “checks and balances” in the scope of constitutional legal coercion.The purpose of the paper is to confirm or disprove hypothesis that mechanism of checks and balances is a method of prevention and resolution of constitutional conflicts.The methodology of the study includes comparative legal method as well as general scientific methods (analysis, synthesis, description) and particular academic legal methods (for-mal-legal method, interpretation of legal acts).The main results and scope of their application. While the Russian legal tradition focused on the search for optimal "checks" and "balances" as well as defended the theoretical model of formalism in this matter, the English legal tradition, on the contrary, focused on finding the optimal functional balance of all branches of government. The system of checks and balances serves the purpose of resolving constitutional and legal conflicts, when it is based on a functional approach rather than a formal one. The factors of “checks and bal-ances” mechanism are:– formation of the three branches of government in different ways;– comparability of powers of the Supreme authorities belonging to various branches of the powers with discrepancy of terms of their powers;– authorities of every branch of government must have "counterbalance" – the powers of compensatory, substituting type – besides it’s traditional powers. The executive and legislative authorities have "quasi-judicial" powers, the executive authorities have "quasi-legislative" powers often.– authorities of every branch of government must have "checks" – possibility to participate in the mechanism of constitutional and legal coercion in relation to another branch of the power.The executive branch can prevent a constitutional conflict generated by a gap or defect of laws through delegated law-making. The executive branch receives "quasi-legislative" powers with delegated law-making. It allows this authorities not only to respond promptly to changing public relations, but also to fill legislative gaps in a timely manner. This "counter-balance" is aimed at preventing constitutional and legal conflicts.Conclusions. The mechanism of checks and balances, which is based on the principle of separation of powers, is the primary way to prevent constitutional and legal conflicts, and also serves the purpose of resolving conflicts that have already arisen. The main manifestations of this function are the presence of compensatory and substitutive powers of various branches of government and the possibility of one branch of government to participate in the mechanism of constitutional and legal coercion in relation to another branch of government.
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KRYZHANOVSKYI, Anatolii, Denys MANKO, Olena SIERYKH, Natalia ATAMANOVA, and Antonina ZGHAMA. "General Theoretical Aspects of Legal Development." Journal of Advanced Research in Law and Economics 10, no. 7 (December 31, 2019): 2047. http://dx.doi.org/10.14505/jarle.v10.7(45).15.
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The processes of globalization (that have taken place over the last decades) have contributed too many transformations in legal processes. The same changes are being followed in legal development. Therefore, it is important to analyze the general theoretical aspects of legal development at the present stage. The purpose of this work is to study the general theoretical aspects of legal development. The object of the study is the general theoretical aspects of legal development. The subject of the study is the public relations that influence legal development, as well as the analysis of patterns and general theoretical aspects of such development. The research methodology consists of general theoretical and special scientific methods, namely: hermeneutic method, system-structural method, structural-functional method, historical-legal method, comparative - legal method, formal-logical methods (analysis and synthesis, induction and deduction, proof and refutation, comparison, generalization). As a result of the research, the general theoretical aspects of legal development are analyzed, the peculiarities of formation and existence of qualitative and quantitative changes in the legal sphere of public life are revealed, reflecting the level of legal development of an individual and community of people, the degree of perfection of forms of their legal communication and interaction.
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Ivanov, S. "Constitutional legal support of the unity, stability and coherence of Russian legal system." Law Enforcement Review 2, no. 3 (December 25, 2018): 29–42. http://dx.doi.org/10.24147/2542-1514.2018.2(3).29-42.
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The subject. The paper is devoted to the issues of the system of constitutional legal guarantees of unity, stability and consistency of the Russian legal system, the problems of their effective implementation.The purpose of the paper is to reveal the actual problems of constitutional legal support of the unity, stability and coherence of the Russian legal system.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).Results, scope of application. It is revealed that the constitutional legal support of unity, stability and consistency of the Russian legal system occurs by means of action of two types of special constitutional legal guarantees: conflict and competence ones. A number of problems of effective support of the unity, stability and consistency of the domestic legal system are identified. The problems include gaps and other defects of constitutional regulation, the lack of a legal mechanism to ensure the supremacy of the foundations of the constitutional system and others.Conclusions. There is a number of amendments to the existing constitutional legislation proposed to solve the identified problems.
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Golovko, L. V. "THE SCOPE OF THE CONCEPT OF A LEGAL PERSON: THROUGH THE COMPARATIVE LEGAL METHOD TO GENERAL THEORETICAL ASSUMPTIONS." Zakon 16, no. 1 (2021): 55–70. http://dx.doi.org/10.37239/0869-4400-2021-16-1-55-70.
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Puchalska-Tych, Bogumila, and Michael Salter. "Comparing legal cultures of Eastern Europe: the need for a dialectical analysis." Legal Studies 16, no. 2 (July 1996): 157–84. http://dx.doi.org/10.1111/j.1748-121x.1996.tb00001.x.
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Comparative legal studies have been haunted by many unresolved scholarly problems of a methodological and theoretical nature which too often continue to be ignored within the literature. The deficiencies in theory and method of comparative legal studies have rightly been often blamed for marginalisation of this subject in legal education and practice. The aim of the present article is to contribute to this general debate by identifying and then analysing certain deficiencies of approach to the task of comparing western and socialist legal systems and cultures. Our main preoccupation is to address critically the methodology of comparative law not only for its own sake but also in response to the challenge raised by Bell's recent claim that legal theory has much to learn from reflecting upon the issues raised by the comparative enterprise.
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Marzooghi, Rahmatallah, Mohammad Hadi Sadeghi, Mehdi Mohammadi, Mohammad Hassan Karimi, and Kamal Mo Hammadzadeh. "Comparative Study of Legal Literacy Level of the Elementary and Secondary School Teachers." Journal of Politics and Law 9, no. 9 (October 30, 2016): 119. http://dx.doi.org/10.5539/jpl.v9n9p119.
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The goal of research was the comparison of legal literacy level of elementary and secondary school teachers. The research design was a descriptive-correlational method. By using stratified sampling method 158 teachers were selected and pariticipated in the study. Research tool was a researcher made questionnaire beasd on the dimentions of legal literacy. The results showed that the teachers of elementary and secondary schools have not appropriate legal literacy. The findings also indicate that there is a significant difference in legal literacy between male and female teachers, and there is no significant difference between the legal literacy of elementary and secondary school teachers.
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Kurchinskaya-Grasso, Natalia. "Peculiarities and main characteristics of the legal English language." Litera, no. 12 (December 2020): 177–82. http://dx.doi.org/10.25136/2409-8698.2020.12.32071.
Full textAbstract:
This article examines the peculiarities of the legal English language as the object of translation studies. Currently, English language is dominant in international relations and business, and plays a significant role as legal language within the European Union. Legal English is a global phenomenon. This style of English language is used by the lawyers and other legal experts in their work. In the conditions of globalization of English language, it is necessary to be scrupulous about translation of the legal English in order to avoid inaccuracies in the entire system of international law. Therefore, the goal of this article consists in consideration of the unique characteristics of legal English associated with its origin, terminology, linguistic structure, linguistic peculiarities, and punctuation. The work employs descriptive method, comparative method, and method of applied comparative jurisprudence. The conclusion is made that legal English developed under the influence of languages previously used in the legal system, which is reflected in modern legal terminology and linguistic structure of the legal English language and requires attention in translation. Taking into account the aforementioned peculiarities would be of much help the legal translator in working with legal texts in English language.