Sanction in the Russian legal reality; level research
Objective to form scientifically grounded knowledge on the role and place of legal sanctions in the Russian legal reality at all levels. Methods general philosophic methods dialectic synergetic phenomenological general scientific methods systemicstructural logical specificscientific methods for...
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| Format: | Article |
| Language: | English |
| Published: |
Tatar Educational Center "TAGLIMAT" Ltd.
2015-03-01
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| Series: | Aktualʹnye Problemy Èkonomiki i Prava |
| Online Access: | http://apel.ieml.ru/storage/archive_articles/8708.pdf |
| Summary: | Objective to form scientifically grounded knowledge on the role and place of legal sanctions in the Russian legal reality at all levels.
Methods general philosophic methods dialectic synergetic phenomenological general scientific methods systemicstructural logical specificscientific methods formaljuridical comparativelegal.
Results basing on the systemicstructural and comparative research of the levels of legal reality as well as the functions and roles performed by each sanction it is shown how the conceptions of the sanctions and objectives of their implementation depend on subjective and objective factors how the official confirmation of the functions of legal sanctions in Russia differs from their actual implementation in the legal reality. In the Russian legal reality we propose to extinguish several levels law awareness and legal mentality law proper and law enforcement practice and legal behavior the subjectrsquos view on justice and its correlation with the existing law. At each level the legal sanctions perform a certain role and are represented in a certain form. The necessity is actualized to use abroad range of methods for legal sanctions research sociological psychological statistical in order to more specifically confirm their content in legislation and predict their efficient implementation.
Scientific novelty for the first time the attempt is made to study the role and function of legal sanctions at different levels of legal reality.
Practical value the main provisions and conclusions can be used in both scientificeducational activity and in elaborating drafts of legislative acts to confirm legal sanctions. The authorrsquos comments and proposals can be used for estimating the probable informational and motivational impact of sanction on the human conscience and behavior and when evaluating the interestsrsquo conflict in forming the sanctions content.
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| ISSN: | 1993-047X 2410-0390 |