Limits and Technique of Concretization of Legal Rules in Lawmaking

Zaloilo, Maksim

doi:10.12737/6005

Cited by 2 publications

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“…Law-making concretization is understood as "the activity of authorized bodies aimed at adopting new clarifying legal norms based on the meaning and content of the original legal norms" (Zaloilo, 2019). Lawenforcement concretization is an "individualization of norms in accordance with a specific setting, as applied to a specific subject of legal relations" (Zaloilo, 2014). The law-interpretation concretization is aimed at "clarifying and supplementing the interpretation act process, filling the rule of law with new content" (Zaloilo, 2012).…”

Section: Introductionmentioning

confidence: 99%

Concretization of Law: Legal Forms

Dovgan

2020

Vestn. Ross. univ. družby nar., Ser. Ûrid. nauki

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Stability and quality of legislation is checked by time. The organic development of law and the elements of the legal system ensures the protection of the fundamental rights and freedoms of a human and a citizen. In the current living conditions, especially in the period of serious epidemiological upheavals, the effectiveness of the adopted legal acts acquires significant value. This is overwhelmingly important during the period of the legislation update. The effectiveness and unity of legal regulation allows to evaluate the framework legislation. We examine the legislative forms of concretization of the framework legislation at different levels of legal regulation. The research methodology is determined by its sources. The use of the formal legal research method allowed us to analyze legal acts within the system. One of the main mechanisms for implementing the framework legislation is concretization, which enhances balancing law-making, law implementation and law enforcement activities. Due to a certain degree of generalization and abstractness alongside with the direction of legal regulation, key messages, defined at the level of the framework act, are being detailed and concretized in the subordinate act. Considering technical and legal factors, we can trace certain uncertainty created by legislator as a means to regulate new social relations and specify them at a subsequent level of legal regulation, taking into account temporary, socio-economic, procedural, ideological and other criteria.

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Section: Introductionmentioning

confidence: 99%

Concretization of Law: Legal Forms

Dovgan

2020

Vestn. Ross. univ. družby nar., Ser. Ûrid. nauki

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“…См. : (Zaloilo, 2011). 5 Наиболее последователен в части материалистического понимания общественного развития и роли права является В.М.…”

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Social and legal regulators. Conceptual developments by V.I. Nizhechek

Vlasenko

2024

Vestn. Ross. univ. družby nar., Ser. Ûrid. nauki

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The role of the Soviet scientist-activist V.I. Nizhechek in the development and establishment of social regulation concepts, and its importance in governing societal affairs, as well as functions and potential of law, and its relationship with morality as a social regulator are thoroughtly explored. V.I. Nizhechek posits that legal and social regulations share a common nature, are deeply interconnected, and exhibit numerous practical manifestations of unity. While aknowledging the independent nature of law, the scientist concludes that legal norms essentially form a component of social regulation in society. Notably, the author emphasizes moral regulation, and the interplay between legal norms and morality, while examining various social regulators such as corporate norms, ethincs, religion, and others. V.I. Nizhechek does not differential between morality ad ethics; however, he asserts that morality holds a dominant role in the system of social regulation, highlighting the so-called “proximity” of morality and law. Morever, the author draws relevant parallels that substantiate the systematic nature of social regulation. V.I. Nizhechek delves into the crucial question of the theory of law as a tool of legal regulation in historical and contemporary contexts. He considers the evolution of legal regulation in terms of broadening its scope and reinforcing its role in Soviet society, unlimately concluding that legal regulation has become more complex. The concept of the intimate connection between economic and legal methods of regulation is presented; the author asserts that there may be no contradiction between these methods of regulation since all economic methods are mediated by legal norms. The material is prefaced by the author's personal recollections of meetings and conversations with V.I. Nizhechek, as well as with scholars, colleagues, who were associated with him.

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Limits and Technique of Concretization of Legal Rules in Lawmaking

Cited by 2 publications

References 1 publication

Concretization of Law: Legal Forms

Concretization of Law: Legal Forms

Social and legal regulators. Conceptual developments by V.I. Nizhechek

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