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Journal articles on the topic 'Legal principles'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

RUSU, Ion. "Arhitectura juridică a interferenţei funcţionale a principiului echităţii cu principiul legalităţii." Studii Juridice Universitare 1 2021 (November 2, 2021): 109–31. https://doi.org/10.5281/zenodo.5639434.

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<strong>Legal Architecture of Functional Interference of the Principle of Equity With the Principle of Legality</strong> This scientific approach includes an analytical analysis on the link between the principle of equity and the principle of legality made through the prism of the degree of doctrinal recognition and their legal validation, which consequently reflects the diversity of theoretical concepts on those principles. The legal non-recognition of the principles of legality and equity in the modernized Civil Code was the causal support to make a doctrinal inventory regarding the identifi

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2

Anpilohova, B. Yu. "The primary principles of social protection in the context of social risk." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 271–75. http://dx.doi.org/10.24144/2788-6018.2023.05.48.

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The article elucidates the inherent nature, structure, and substance of the foundational principles underpinning social protection in Ukraine, especially within the purview of social risk. These principles form the bedrock of the legal mechanisms governing social protection. A salient discovery is that Ukraine's legal mechanism for social protection operates under a dual- principled framework: the primary, universally acknowledged legal principles and the specialized principles, predominantly the principles of social protection. The overarching legal principles serve as cardinal ideas that ena

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VASYLIEV, Serhii. "Principles of achieving legal convergence." Economics. Finances. Law 4, no. - (2023): 22–25. http://dx.doi.org/10.37634/efp.2023.4.5.

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In every mechanism of legal regulation of social relations, the principles of implementation of such a mechanism play an important role, this is inherent in the process of legal convergence, which is a component of legal globalization. In the scientific legal literature, there is no unified position regarding the role and meaning of the principles of convergence. Based on the analysis of scientific views, the author formulated the definition of the principles of legal convergence and proposed their classification. The essence and content of these principles are conditioned by: (a) a special sp

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Strilets, Oleg Valentinovich, Victoria Vyacheslavovna Namnyaseva, Vitaly Alekseevich Kanubrikov, Irina Alisalamovna Niftalieva, and Dmitry Vladimirovich Zhmurin. "System of criminal legal principles." SHS Web of Conferences 108 (2021): 02019. http://dx.doi.org/10.1051/shsconf/202110802019.

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Modern globalization processes consisting in transnational integration concern not only politics, economy, and culture but also the sphere of combating crime. In the fight against international criminal manifestations, it is necessary to consolidate powerful stabilising factors. One of these factors is criminal law principles, which are a kind of prism through which national legislation is assessed and the practice of its application is adjusted. In this regard, the question of systematising the principles of criminal law is of great importance. Purpose of the research: formulation of the auth

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Smorodynskyi, Viktor. "Legal Certainty." Philosophy of law and general theory of law, no. 2 (December 22, 2021): 185–201. http://dx.doi.org/10.21564/2707-7039.2.242858.

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Legal certainty is considered in the paper not only as one of the general principles of law and one of the requirements of the Rule of Law, but also as a fundamental feature and condition of the significance of law and its instrumental value in general. In this regard, the definitions of the Rule of Law conception and the lists of its components proposed by Western philosophers and theorists of law and by the Venice Commission are analyzed. Elements of the principle of legal certainty such as legislation and case law accessibility, legal acts’ predictability, principles of case law unity, legi

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Slynko, D. V., and L. I. Kalenichenko. "Principles of Stages of Legal Process." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (2020): 36–43. http://dx.doi.org/10.32631/v.2020.2.03.

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The author has carried out theoretical study of the development of ideas in legal science on the principles of legal process; has studied the etymological meaning of the term of “principle”. The analysis of legal literature and the corresponding normative and legal material has been carried out. It has been noted that the principles of legal process are formed as a result of verified, reasoned and substantiated activities of authorized entities after the cognition of the patterns of procedural activities. Using the action of principles of legal process in the legal system as a criterion of cla

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Muniz, Joaquin R. Toubes. "Legal Principles and Legal Theory." Ratio Juris 10, no. 3 (1997): 267–87. http://dx.doi.org/10.1111/1467-9337.00061.

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8

Tsaqib Idary, Muhammad. "Asas-Asas Hukum Keluarga Islam." JURNAL HUKUM PELITA 4, no. 2 (2023): 169–80. http://dx.doi.org/10.37366/jh.v4i2.3105.

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This article identifies the principles of family law contained therein. From the identification results, the principles of family law were found, namely the principle of freedom, the principle of protection and prevention, the principle of monogamy, the principle of responsibility and justice and the principle of legal certainty. Legal principles are important because truth is the basis for thinking and reasoning, especially in enforcing and implementing the law. Legal principles are the most important subsystem of the legal system and legal principles. Principles take precedence over a system

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9

Belikov, E. G. "Development of financial and legal principles in the conditions of digital economy." Courier of Kutafin Moscow State Law University (MSAL)), no. 9 (November 7, 2020): 39–45. http://dx.doi.org/10.17803/2311-5998.2020.73.9.039-045.

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This article is devoted to the study of the development of financial and legal principles in the context of the digitalization of the economy. In the work, the author analyzes the system of financial and legal principles, compares such categories as “principles of financial law” and “financial and legal principles, identifies new financial and legal principles, such as the principle of automation, the principle of informatization, the principle of information openness.

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10

Chesterman, Simon. "‘Skeletal Legal Principles’." Journal of Legal Pluralism and Unofficial Law 30, no. 40 (1998): 61–88. http://dx.doi.org/10.1080/07329113.1998.10756498.

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11

Baran, Anastasiia. "Legal incentives: theoretical and legal principles." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 7, no. 27 (2020): 31–37. http://dx.doi.org/10.23939/law2020.27.031.

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12

Sinkevich, ZH V. "Legal principles of social entrepreneurship. Part 1." Siberian Law Herald 4 (2021): 80–87. http://dx.doi.org/10.26516/2071-8136.2021.4.80.

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The article examines an important component of social and legal relations - a social service, which was previously largely regulated by the law of social security. It was revealed that the development of social institutions testifies to the penetration of economic relations into the social sphere. The paper proposes to consider the provision of social services, taking into account the organization of their provision and the peculiarities of legal ties between entities, a special category of social entrepreneurship. In order to analyze sectoral concepts on the example of the principles of law,

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13

CHORNYI, Yevhen. "Legal regulation of public-private partnership's principles implementation." Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 5 (December 21, 2021): 201–8. http://dx.doi.org/10.33251/2707-8620-2021-5-201-208.

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The relevance of research The article is devoted to the study of current problem of the lack of several legislative acts regarding regulation of public-private partnership and concession as the form of public-private partnership. The study is based on searching and analysis of international practice of public-private partnership principles. Author analyzed national scientists' positions on this issue, as well as recommendations of European Economic Commission about improvement of regulation of public-private partnership, enhancement of its effectiveness, implementation of new principles and le

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Журавель, В. О. "SYSTEM OF PRINCIPLES OF LEGAL REGULATION." Juridical science 2, no. 4(106) (2020): 89–97. http://dx.doi.org/10.32844/2222-5374-2020-106-4-2.11.

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The relevance of the article is that the principles of legal regulation of social protection of employees of the judiciary will indicate the basic values that should unite the rules of law in this area. Establishing a system of principles will improve their interpretation and subsequent implementation, both by the judiciary itself and by officials of authorized public authorities. In addition, the disclosure of the content of the principles of legal regulation of social protection of employees of the judiciary will address a number of gaps in the legislation caused by inaccurate wording or lac

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15

Mosin, S. A. "Properties of constitutional principles." Law Enforcement Review 5, no. 3 (2021): 126–36. http://dx.doi.org/10.52468/2542-1514.2021.5(3).126-136.

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The subject. The article is devoted to the study of the trinity of properties of constitutional principles.The purpose of the article is to confirm the hypothesis that constitutional principles, often perceived by researchers and law enforcement officials as abstract norms with declarative content, are in fact full-fledged legal institutions that are endowed with all the necessary properties to achieve constitutional goals. In this regard, the article analyzes the property of axiomaticity, the property of presumptivity and the property of fictitiousness of constitutional principles.The methodo

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Rokilah, Rokilah, and Sulasno Sulasno. "Penerapan Asas Hukum Dalam Pembentukan Peraturan Perundang-Undangan." Ajudikasi : Jurnal Ilmu Hukum 5, no. 2 (2021): 179–90. http://dx.doi.org/10.30656/ajudikasi.v5i2.3942.

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Legal norms (legal norms, rechtnormen) actually regulate internal personal life (internal life) in a civilized and humanistic manner and also regulate interpersonal relationships in social processes. Legal principles can be in the form of a legal norm that is high in location and many things depend on it and the principle can just a norm. This study aims to determine the application of legal principles in statutory regulations; and to find out the application of other principles in the field of laws and regulations. The research method uses a qualitative normative juridical research method wit

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17

Metelkov, Alexander N. "CORRELATION OF THE PRINCIPLES OF LAW: EXPEDIENCY IN LEGALITY." IKBFU's Vestnik. Series: Humanities and Social Sciences, no. 1 (2025): 24–33. https://doi.org/10.5922/vestnikhum-2025-1-3.

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The article addresses the pressing issue of the relationship between legality and expediency as principles of law. The objective of the study is to determine the correlation between these principles within legal science. Based on a comparative analysis of scholarly perspectives on expediency and legality as principles of law, and employing the method of abduction, the author attempts to define the place of the principle of expediency within the multi-level system of legal principles, including supreme, general legal, inter-branch, and sectoral principles. Special attention is given to the incr

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18

Zhou, Han-Ru. "Legal Principles, Constitutional Principles, and Judicial Review." American Journal of Comparative Law 67, no. 4 (2019): 899–930. http://dx.doi.org/10.1093/ajcl/avz028.

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Abstract Principles form part and parcel of our law and legal discourse, so much so that we seldom think of what they are and what they entail. For centuries they have been invoked daily to interpret and argue about the law. But when it comes to matters of constitutional law, principles are further called upon to perform a perennially controversial function: to help police the boundaries of state action. In most common law jurisdictions with a written constitution, this function of principles runs against the generally accepted view that the exercise of judicial review must ultimately be gover

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19

Volodymyr, Gorbatenko. "Principles of Political and Legal Research." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 452–60. http://dx.doi.org/10.33663/0869-2491-2020-31-452-460.

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The principles of political and legal research are analyzed as an important direction, the theoretical and practical potential of which helps to optimize the management of the state and society. Against this background, implemented: understanding the need for a combination of political and legal knowledge; definition and characterization of the basic principles of political and legal research; identification of their content, orientation and application features. Political and legal research as an important area, whose theoretical and practical potential is aimed at optimizing the management o

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20

Revina, Svetlana N., and Zhanna K. Tikhonova. "On the Issue of Highlighting the Principle of Trust in Law." Теория и практика общественного развития, no. 11 (November 29, 2023): 272–77. http://dx.doi.org/10.24158/tipor.2023.11.34.

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The principles of law, as one of the fundamental legal categories, have been considered for many years by various legal scholars in a number of ways: new ones are identified, various classifications of principles are given, and existing ones are studied in more detail. The article considers the issue of attributing trust to a princi-ple of law, analyzes the classification of principles of law in general and the possibility of attributing trust to general legal, sectoral or intersectoral principles. When studying the question of the place of the principle of trust in the system of principles, t

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21

Kusuma Jala Wibowo, Brian, Agus Roswandi, Rena Evathia, Firmansyah, and Farahdinny Siswajanthy. "Optimization Strategy for 5C Principles, 7P Principles, and 3R Principles in Banking Law." Jurnal Sains Indonesia 5, no. 2 (2024): 92–104. https://doi.org/10.59897/jsi.v5i2.207.

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This research examines the introduction of the 5C, 7P and 3R principles in banking law. This research uses legal data, namely primary legal evidence and secondary legal evidence. This research focuses on library research, which means diving deeper into the applicable laws and regulations. Principles in banking law are very important, considering that a principle is a guideline to help the running of a bank, principles are regulated in banking law, so that a bank can have rules or confidence in the bank itself.

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22

Solodan, K. V. "Legal principles of IT-taxation in Ukraine." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 203–7. http://dx.doi.org/10.24144/2788-6018.2022.01.38.

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Global digitalization is a consequence of the development of information technology, as the latter interact with all areas of modern life. The global Covid-19 pandemic has led most businesses to move to telecommuting, forcing them to use e-commerce and other forms of IT in part or in full. Such a rapid spread of the use of IT activities and their results raises the issue of proper legal regulation of taxation of this type of activity, for which it is necessary to determine the legal principles on which the taxation of IT activities in Ukraine should be based. Ukrainian and foreign scholars hav

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23

Dzhafarova, M. V. "Principles of administrative legal proceedings in modern conditions: scientific and legal aspect." Bulletin of Kharkiv National University of Internal Affairs 101, no. 2 (P. 1) (2023): 96–103. http://dx.doi.org/10.32631/v.2023.2.09.

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The article is devoted to a scientific and theoretical study of the principles of administrative legal proceedings in the updated conditions of the Ukrainian State development, based on the needs for high-quality provision and implementation of legal rights, freedoms and interests of individuals and legal entities in the field of public law relations. It has been established that the principles of administrative proceedings at the current stage of development of administrative procedural law should be understood as the basic, initial rules which are stipulated by the provisions of national leg

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24

Bayles, Michael. "Principles for Legal Procedure." Law and Philosophy 5, no. 1 (1986): 33. http://dx.doi.org/10.2307/3504712.

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Vukadinovic, Gordana. "Principles of legal system." Zbornik radova Pravnog fakulteta, Novi Sad 48, no. 4 (2014): 25–34. http://dx.doi.org/10.5937/zrpfns48-7692.

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26

Koh, Harold Hongju. "Legal Principles and Torture." Dissent 52, no. 2 (2005): 7–10. http://dx.doi.org/10.1353/dss.2005.0011.

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27

Martello, Jeannette. "Basic Medical Legal Principles." Clinics in Plastic Surgery 26, no. 1 (1999): 9–14. http://dx.doi.org/10.1016/s0094-1298(20)32312-9.

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28

Haug, R. H. "Basic medical legal principles." Journal of Oral and Maxillofacial Surgery 57, no. 7 (1999): 881. http://dx.doi.org/10.1016/s0278-2391(99)90850-9.

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29

Bayles, Michael. "Principles for legal procedure." Law and Philosophy 5, no. 1 (1986): 33–57. http://dx.doi.org/10.1007/bf00143011.

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30

Tuharova, O. K. "INFORMATIONAL LEGAL RELATIONS’ PRINCIPLES." Juridical scientific and electronic journal, no. 11 (2022): 500–504. http://dx.doi.org/10.32782/2524-0374/2022-11/121.

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31

Byelov, Dmytro, and Myroslava Bielova. "Humanistic principles of the legal system." Visegrad Journal on Human Rights, no. 3 (October 8, 2024): 29–35. http://dx.doi.org/10.61345/1339-7915.2024.3.4.

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The study focuses on the study of the principle of humanism as a key element of the modern legal state. The author traces the evolution of the humanistic concept from ancient times to the present, emphasizing its defining role in the formation of legal systems and state policy. The article reveals the essence of the concept of “principle” in the legal context. Emphasis is placed on the systematicity, interrelationship, and hierarchy of the principles of law, which is crucial for understanding their functions in the legal system. The analysis of the principle of humanism as an end-to-end compon

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Jelita Katili, Julastrid. "Menilik Perjanjian Kerja Sebagai Perwujudan Terpenuhinya Hak dan Kewajiban Para Pihak." Syntax Idea 5, no. 11 (2023): 2044–51. http://dx.doi.org/10.46799/syntax-idea.v5i11.2545.

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One of the bases in the employment relationship which gives rise to an engagement or legal relationship for the parties is the employment agreement which gives rise to the rights and obligations of the parties. The existence of work agreements regulated in Law Number 13 of 2003 concerning Employment is expected to realize the rights and obligations of the parties fairly, however in practice this has not been fully fulfilled. The principles of contract law must be fulfilled and in harmony with the principles contained in the employment agreement. These principles include the principle of freedo

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Uerpmann-Wittzack, Robert. "Principles of International Internet Law." German Law Journal 11, no. 11 (2010): 1245–63. http://dx.doi.org/10.1017/s2071832200020204.

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AbstractLegal principles are an essential element of jurisprudence. They help to systemize, to comprehend and to further develop a legal order. Although International Internet Law is quite a new legal subject, some principles begin to evolve. The article addresses five emerging core principles of International Internet Law: (1) The principle of internet freedom, (2) the principle of privacy, (3) a modified principle of territorial jurisdiction adapted to cyberspace, (4) the principle of interstate cooperation, and (5) the principle of multi-stakeholder cooperation.

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Faisal, Faisal. "Prinsip-Prinsip Perjanjian Muamalat dalam Hukum Perbankan Syariah di Indonesia." REUSAM: Jurnal Ilmu Hukum 3, no. 1 (2015): 1. http://dx.doi.org/10.29103/reusam.v3i1.1947.

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According to the practice of Islamic banking principles, a bank should have muamalat agreement including the principle of deposit or deposits (depository/al-wadi'ah), the principle of profit sharing (profit-sharing), purchase (sale and purchase), leases (operational and financial lease lease), and services (fee-based services). Legal agreement adheres to several principles, including the principle of the freedom of an agreement (the sense of autonomy), the principle of adjustments will, and the principle of trust. In addition, there is also the principle of binding force, the principle of lega

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Pristai, Tatiana. "Principles of legal status of subjects of foreign economic activity." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 194–98. http://dx.doi.org/10.36695/2219-5521.1.2021.37.

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The article defines the principles of regulating the legal status of subjects of foreign economic activity. It is emphasized that the principlesof foreign economic activity should also be applied in regulating the status of subjects of foreign economic activity. Based on theratio of the principles of foreign economic activity provided by the Law on Foreign Economic Activity and the Commercial Code ofUkraine, we believe that among the principles of foreign economic activity should be enshrined: the principle of freedom of its subjects tovoluntarily enter into foreign economic relations; the pri

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36

Irawansah, Didik, Ridwan, Kasmar, and Muhammad Amin. "Legal Dialectics: A Study of Legal Philosophy Legal Theory and Legal Dogmatics in Indonesian Legal Thought." Fundamental: Jurnal Ilmiah Hukum 13, no. 2 (2024): 150–61. https://doi.org/10.34304/jf.v13i2.314.

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The results of this study show: (1) The dialectic between philosophy, theory, and legal dogmatics influences the development of modern legal thought by creating a legal system that is not only oriented towards legal certainty but also responsive to social justice and the dynamics of society. Legal philosophy provides a moral foundation and values of justice, while legal theory offers a conceptual framework for understanding the function of law in society. Legal dogmatics, as the application of legal rules, ensures that these normative principles can be implemented effectively. The implicatio

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Lymar, O. L. "Principles of administrative and legal regulation of mass media activities in the interests of national security of Ukraine." Analytical and Comparative Jurisprudence, no. 1 (March 1, 2025): 476–81. https://doi.org/10.24144/2788-6018.2025.01.79.

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The article is devoted to the study of the system of principles of administrative and legal regulation of mass media activities in the interests of ensuring national security of Ukraine. Administrative and legal regulation of mass media activities in the interests of ensuring national security of Ukraine is an organizational, managerial, executive and regulatory activity carried out by executive authorities and their officials aimed at regulating public relations in the media sphere with a view to countering information challenges and threats to Ukraine’s national interests. Administrative and

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Магаррамлі, Е. В. "СИСТЕМАТИЗАЦІЯ ПРИНЦИПІВ НАДАННЯ БЕЗОПЛАТНОЇ ПРАВОВОЇ ДОПОМОГИ В УКРАЇНІ". Збірник наукових праць ХНПУ імені Г. С. Сковороди "Право", № 30 (2019): 110–17. http://dx.doi.org/10.34142/23121661.2019.30.14.

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The author proposes two approaches to systematizing the principles of legal assistance. The first approach is based on regulatory frameworks reflecting government policy in this area. The second approach represents a broad system of providing free legal aid, which consists of the following elements: 1) general legal (constitutional) principles, 2) industry principles, 3) principles of state policy in the field of providing free legal aid; 4) subjective principles; 5) international principles and standards of legal assistance.

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BELOVA, IRINA. "INHERITANCE RELATIONSHIP AND PRINCIPLES OF LAW: BASIC ASPECTS OF MANIFESTATION." LEGAL BULLETIN 2, no. 6 (2021): 16–21. https://doi.org/10.5281/zenodo.11184372.

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The relevance of the article is associated with the legal category “principles of law”, which will always be an important tool to link the philosophical and legal-dogmatic understanding of law, including hereditary law. Through the principles, the general concept of law is revealed and concretized, and its essence is expressed. The basis of specific legal prescriptions of hereditary relations, which determine the model of legal relations of subjects of inheritance law, are precisely the principles of law. It is in this way that stability, consistency and, most importantly, the regu

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40

Orel, V. "Fundamental principles of Roman law and their relation to legal argumentation." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 67–72. http://dx.doi.org/10.24144/2788-6018.2024.01.10.

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Modern philosophy of law defines the principles (foundations) of law as the initial conditions of law, the determinants of its content, on which law relies and which constitute its foundation. At the same time, most European countries use ancient Roman legal formulas in their modern legal systems, which evolved into maxims and became the basis of modern positive law in the form of principles. The establishment of general legal principles, concepts/ constructions is reflected in the legislation, doctrines and case law of most countries. In this article, we focused on the values and concepts for

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41

Svirin, Yury Alexandrovich, Aleksey Vladimirovich Minbaleev, Eduard Eduardovich Artyukhov, Sergej Nikolaevich Shestov, and Aleksey Anatolyevich Davydov. "Influence of legal principles on justice." Cuestiones Políticas 39, no. 70 (2021): 915–32. http://dx.doi.org/10.46398/cuestpol.3970.56.

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The objective of the article was to determine the essence and legal implementation in Russia of principles such as: independence of the judiciary, relative truth, contradictory nature, legal certainty of judicial acts and discretion. In the countries of the Roman-Germanic legal order, it is no coincidence that legal principles are of great scientific and applied importance. The presence of a certain system of procedural principles makes it possible to assess the existence of justice in the country, the stability of a judicial decision and the fairness of judicial acts. Thus, the principles of

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Удовенко, Олександр Валерійович. "PRINCIPLES OF CASH SUPPLY FOR MILITARY SERVANTS." Juridical science, no. 3(105) (March 30, 2020): 500–506. http://dx.doi.org/10.32844/2222-5374-2020-105-3.62.

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The goal of the article is to formulate an urgent scientific thought regarding the system of modern principles of financial support for military personnel in Ukraine. It is substantiated that the ideological basis of the principles system under study is laid by general legal principles, namely, the principles of the rule of law, human-centrism, justice and legal equality, legality. Among the principles of financial support for military personnel, a special place is also occupied by the sectoral principles of labor law of Ukraine, mainly: the principle of unity and differentiation of military p

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Карамян, С. А. "Место принципа стабильности права в системе принципов российского права". Vestnik of Russian New University. Series "Man and society", № 1 (31 січня 2025): 78–84. https://doi.org/10.18137/rnu.v9276.25.01.p.078.

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В статье рассматривается принцип стабильности права в контексте системы правовых принципов на примере российской правовой системы. Актуальность исследования обусловлена необходимостью глубокого понимания роли и возрастающего значения этого правового принципа в условиях современных социальных и правовых вызовов. Цель работы заключается в анализе характерных особенностей принципа стабильности права, его взаимосвязей с другими правовыми принципами и практическими аспектами реализации данного правового принципа в правотворчестве. Методы исследования включают анализ существующих классификаций право

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Kotvaykovskiy, Y. O., and K. Y. Obodyeva. "The principles of civil proceedings in Ancient Rome: a historical and legal review." Analytical and Comparative Jurisprudence, no. 6 (December 16, 2024): 248–53. https://doi.org/10.24144/2788-6018.2024.06.39.

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In the article, the authors analyze the genesis of the principles of national civil procedure based on the analysis of Roman law. It is noted that the principles of civil procedure of Ancient Rome laid the foundation for most modern legal systems around the world. The Roman legal tradition, with its complex structures and convincing philosophy, is an important source of knowledge not only for scholars and higher education students, but also for practicing lawyers. The principles of civil procedure in ancient Rome stem from a comprehensive understanding of how the legal system functioned. At th

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Andrusiak, I. P. "Principles of legal policy in the field of domestic violence." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 15–19. http://dx.doi.org/10.24144/2788-6018.2023.06.1.

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The article analyzes the essence of the principles of legal policy in the field of prevention and countermeasures against domestic violence and distinguishes their groups. It is posited that the principles of legal policy in the field of domestic violence are the main normative principles and strategies that determine approaches to the creation, implementation and improvement of legal and political instruments for the prevention and counteraction of violence that occurs in the family, family environment, within the limits of the place of residence or between other persons living together

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Pavčnik, Marijan. "The Issue of Interpretation Priority. Law as System of Principles and Rules." Rechtsphilosophie 9, no. 1 (2023): 88–98. http://dx.doi.org/10.5771/2364-1355-2023-1-88.

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The central contentual characteristic of the legal principle is that it is a value measure directing the definition (creation) of legal rules as to their contents, the understanding of the rules, and the manner of their application. In relation to legal rules, the fundamental difference between the two categories is that the principles are operationalized and applied via legal rules. The principles (e. g. the principle of the state governed by the rule of law) influence the rules by being the starting point for the creation of general legal acts (e. g. statutes). Further, one relies on legal p

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Reike, Ruben, and Alex Bellamy. "The Responsibility to Protect and International Law." Global Responsibility to Protect 2, no. 3 (2010): 267–86. http://dx.doi.org/10.1163/187598410x500390.

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AbstractThe article evaluates the relationship between the Responsibility to Protect (RtoP) principle and international law. We argue that although the principle is best understood as a political commitment to implement already existing legal commitments, the RtoP is not devoid of legal content as some of its critics claim. The principle contains two sets of legal responsibilities. The first – responsibilities owed by a state towards its own population – are well-established customary principles in international law. The second – responsibilities owed by states to populations in other states –

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Krasnov, Eduard V. "The Unity of Law and Act as a Principle of a Law-Governed State." State power and local self-government 4 (April 22, 2021): 9–12. http://dx.doi.org/10.18572/1813-1247-2021-4-9-12.

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This article attempts to consider one of the key principles of legal state, which is the principle of unity of law and legal act. The author analyzes the opinions of scientists who define this principle and highlight its main features. The article also attempts to compare the principle of unity of legal act and law with the principles of the rule of law, the rule of legal act, the supremacy of law and the supremacy of legal act, the identity of law and legal act, their common features and main differences also highlighting in this article. It is concluded that the use of the principle of unity

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Kukhariev, Oleksandr. "Inheritance Law Principles as Defining Principles for Further Updating of Inheritance Legislation of Ukraine." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 163–67. http://dx.doi.org/10.36695/2219-5521.1.2021.30.

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The article is focused on establishing the range of inheritance law principles, which are characterized by universality, since theyare implemented in all institutions of this sub-branch. It has been noted that the field of inheritance law as a sub-branch of civil law isbased on certain principles, basic ideas (principles) that cover both the relevant legislation and the functioning of the entire system ofinheritance legal succession and express the specifics of the entire inheritance law. Therefore, the definition of such principles and clari -fication of their essence will contribute to the f

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Kautsar, Izzy Al, and Danang Wahyu Muhammad. "Urgensi Pembaharuan Asas-Asas Hukum Pada Undang-Undang No 37 Tahun 2004 Berdasarkan Teori Keadilan Distributif." Jurnal Panorama Hukum 5, no. 2 (2020): 182–92. http://dx.doi.org/10.21067/jph.v5i2.4529.

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In Law Number 37 of 2004 there are many legal vacancies, due to the lack of existing legal principles causing injustice for the parties. The legal vacuum exists because there are many legal principles that are not heeded in the drafting of the Law, so that the justice of the parties is not guaranteed.. This research aims to find the principles that should exist in the Bankruptcy Law in order to be able to guarantee the continuity of perfect law and justice for the parties. This normative research used secondary data consisting of primary, secondary, and tertiary legal materials. It is found th

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