Kuzmin I.A., Garmyshev Y.V. —
Theoretical Foundations of the Interaction of the System of Legal Responsibility and the System of Combating Crime
// National Security. – 2022. – ¹ 5.
– P. 100 - 116.
DOI: 10.7256/2454-0668.2022.5.39099
URL: https://en.e-notabene.ru/nbmag/article_39099.html
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Abstract: In this article, in order to comprehensively counteract crime, a systematic method of studying state-legal and criminal reality through the prism of the system of legal responsibility is analyzed. It is indicated that in modern conditions, the system of measures of legal responsibility should be improved, aimed at establishing the causes and conditions that contribute to crime. Attention is drawn to the conflicts of the sectoral legislation of the Russian Federation that prevent the application of legal liability measures. The author's vision of the structural and substantive components of the systems under consideration is proposed. The sociological, political and cultural components of the problem are taken into account. The spheres of interaction between the system of legal responsibility and the system of combating crime are revealed. Using the appropriate methodological arsenal and regulatory framework, the instrumental characteristics of the system of legal responsibility and the system of combating crime are determined. In each of the systems, normative, procedural and organizational subsystems are identified and considered, the interaction between them is shown. The quality of the legal regulation of activities for the prevention of crimes and other offenses is assessed, the existing intra-system contradictions and their causes are identified, conceptual solutions for existing problems are proposed. The vagueness of legal norms and the lack of effective procedural mechanisms actually negates the law enforcement effect of fixing in the laws an extensive list of prohibitions aimed at countering crime. The current directions of criminal policy in the field of combating crime in the context of the development of legislation are determined. The comparison of the system of legal responsibility and the system of combating crime is made from the position of a methodological level approach, which allows them to be correlated at the substantive, structural and proper-system levels. Outside of the "points of contact" of the compared systems, the conditions for their convergence in various spheres of society were considered. The conclusion is made about the need to coordinate the system of legal responsibility with the realities of the reality surrounding the subjects of law. The connection between the effectiveness of the crime prevention system, the effectiveness of the system of legal responsibility, indicators of law-making, law enforcement and law interpretation activities is revealed.
Kuzmin I.A. —
Exercising positive legal responsibility
// Security Issues. – 2020. – ¹ 3.
– P. 1 - 18.
DOI: 10.25136/2409-7543.2020.3.33191
URL: https://en.e-notabene.ru/nb/article_33191.html
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Abstract: The subject of this research is the problem of understanding and content of exercising positive legal responsibility in the context of prevention of unlawful acts and stimulation of law-abiding behavior. The author aims to determine the role and functional purpose of law enforcement policy (within the framework of national security), its key trends and vectors, as well as the factors and conditions for implementation of legal responsibility for unlawful behavior and concomitant risks of its excessive application. Legal responsibility is viewed in accordance of its manifestations on the level of objective and subjective law, as well as systemic legal institution that incorporates normative, procedural and organizational subsystems. As a result of the conducted research, the author substantiates the need for prevention of offenses at the stage of emergence of social conflicts. Analysis is conducted on the positive experience of crime prevention in certain Asian countries and the factors of ineffective crime control policies in Russia and other countries. An original perspective on legal responsibility in legal right and law is presented. The author explicates the conceptual ideas of the preventive effect of responsibility at different stages of its materialization with regards to actual and potential offenders. The article takes into account peculiarities of the methods and means of external and internal influence of legal responsibility upon the behavior and consciousness of the subjects of law; outlines merits and flaws of the policy of preventing legal violations from the standpoints of its official objectives and tools; describes the structure of the system of legal responsibility and the advantage of its implementation in preventive activity of the law enforcement agencies and penal system of the Russian Federation.
Kuzmin I.A. —
Concerning Coordination, Subordination and Genetic Relations of Legal Responsibility with the System of Law and Legislation System
// Legal Studies. – 2019. – ¹ 10.
– P. 99 - 111.
DOI: 10.25136/2409-7136.2019.10.31256
URL: https://en.e-notabene.ru/lr/article_31256.html
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Abstract: The object of the research is a complex interaction between the regulatory construction of legal responsibility, the system of law and legislation system expressed in coordination, subordination and genetic relations. The subject of the research includes specific features of the relationship between legal responsibility and other legal phenomena at the substantial, structural and systemic levels. The main emphasis is made on the analysis of legal norms and regulations of legal responsibility, its branch and sub-branch systems. The author presents a variety of interpretations of legal responsibility as a regulatory phenomenon. Aiming at the needs of legal science and practice and being based on doctrinal, regulatory and law enforcement sources, the author suggests to extend the scope of application of the systems approach to legal research based on the example of analysis of legal responsibility as an element of the system of law and legislation system. To ensure the validity of research data, besides general research methods the author has also used special research methods (sociological and historical) and private research methods (formal legal, structural legal and comparative legal). The author describes the contents of functional (coordination and subordination) and genetic relations between inter-branch institution of legal responsibility from the point of view of different kinds and classification of legal responsibility. Based on overall theoretical characteristics of legal collisions and different kinds of regulatory relationships, the author shares his own position on inter-branch and intra-branch collisions arising between legal responsibility provisions and elements of the system of law and legislation system. The author also offers his own method of discovering legal contradictions and responding to them as the grounds for further development of a universal mechanism of solving collisions that arise in the process of law making and law enforcement activities.
Yurkovskii A.V., Kuzmin I.A. —
Peculiarities of the constitutional legal protection in the Republic of Korea
// Law and Politics. – 2016. – ¹ 11.
– P. 1351 - 1358.
DOI: 10.7256/2454-0706.2016.11.20944
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Abstract: The subject of this research is the peculiarities of development, organization, and functioning of the constitutional legal protection system in South Korea, considering the historical trends and modern political legal situation in the country. The author examines the most important aspects of the official constitutional law doctrine of the Republic of Korea, as well as discusses the specificities of legal policy for crime prevention in South Korea. The efficiency of the constitutional legal protection is assessed from the perspective of development of the legal regulation alongside the work of the essential constituents of the constitutional control (President, Constitutional Court, and others). The scientific novelty of this work consists in the substantive characteristic of one of the elements of South Korean constitutionalism – the constitutional legal protection. A conclusion is made about the high level of state legal development of the Republic of Korea and its specificity, as well as classic approach towards formulation of the structure and content of the Constitution and objective-subjective characteristic of the constitutional legal protection.
Yurkovskii A.V., Kuzmin I.A. —
Peculiarities of the constitutional legal protection in the Republic of Korea
// Law and Politics. – 2016. – ¹ 11.
– P. 1351 - 1358.
DOI: 10.7256/2454-0706.2016.11.43010
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Abstract: The subject of this research is the peculiarities of development, organization, and functioning of the constitutional legal protection system in South Korea, considering the historical trends and modern political legal situation in the country. The author examines the most important aspects of the official constitutional law doctrine of the Republic of Korea, as well as discusses the specificities of legal policy for crime prevention in South Korea. The efficiency of the constitutional legal protection is assessed from the perspective of development of the legal regulation alongside the work of the essential constituents of the constitutional control (President, Constitutional Court, and others). The scientific novelty of this work consists in the substantive characteristic of one of the elements of South Korean constitutionalism – the constitutional legal protection. A conclusion is made about the high level of state legal development of the Republic of Korea and its specificity, as well as classic approach towards formulation of the structure and content of the Constitution and objective-subjective characteristic of the constitutional legal protection.