SANCTION IN THE RUSSIAN LEGAL REALITY: LEVEL RESEARCH
Bjective: 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 (systemic-structural, logical); specific-scientific meth...
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| Format: | Article |
| Language: | English |
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Tatar Educational Center “Taglimat” Ltd.
2015-03-01
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| Series: | Russian Journal of Economics and Law |
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| Online Access: | https://www.rusjel.ru/jour/article/view/1790 |
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| _version_ | 1846117123448897536 |
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| author | A. V. Krasnov |
| author_facet | A. V. Krasnov |
| author_sort | A. V. Krasnov |
| collection | DOAJ |
| description | Bjective: 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 (systemic-structural, logical); specific-scientific methods (formal-juridical, comparative-legal). Results: basing on the systemic-structural 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 subject’s 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 scientific-educational activity and in elaborating drafts of legislative acts to confirm legal sanctions. The author’s 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 interests’ conflict in forming the sanctions content. |
| format | Article |
| id | doaj-art-e4245c00d27f49f194b8deb60f1e8bec |
| institution | Kabale University |
| issn | 2782-2923 |
| language | English |
| publishDate | 2015-03-01 |
| publisher | Tatar Educational Center “Taglimat” Ltd. |
| record_format | Article |
| series | Russian Journal of Economics and Law |
| spelling | doaj-art-e4245c00d27f49f194b8deb60f1e8bec2024-12-18T11:47:00ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232015-03-010139451788SANCTION IN THE RUSSIAN LEGAL REALITY: LEVEL RESEARCHA. V. Krasnov0Kazan branch of Russian State University of Justice; Institute of Economics, Management and Law (Kazan)Bjective: 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 (systemic-structural, logical); specific-scientific methods (formal-juridical, comparative-legal). Results: basing on the systemic-structural 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 subject’s 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 scientific-educational activity and in elaborating drafts of legislative acts to confirm legal sanctions. The author’s 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 interests’ conflict in forming the sanctions content.https://www.rusjel.ru/jour/article/view/1790legal sanctionlegal normlegal realitylaw interpretationmethodologylegal behaviorlegal mentalitystate compulsionexisting lawjuridical conflict |
| spellingShingle | A. V. Krasnov SANCTION IN THE RUSSIAN LEGAL REALITY: LEVEL RESEARCH Russian Journal of Economics and Law legal sanction legal norm legal reality law interpretation methodology legal behavior legal mentality state compulsion existing law juridical conflict |
| title | SANCTION IN THE RUSSIAN LEGAL REALITY: LEVEL RESEARCH |
| title_full | SANCTION IN THE RUSSIAN LEGAL REALITY: LEVEL RESEARCH |
| title_fullStr | SANCTION IN THE RUSSIAN LEGAL REALITY: LEVEL RESEARCH |
| title_full_unstemmed | SANCTION IN THE RUSSIAN LEGAL REALITY: LEVEL RESEARCH |
| title_short | SANCTION IN THE RUSSIAN LEGAL REALITY: LEVEL RESEARCH |
| title_sort | sanction in the russian legal reality level research |
| topic | legal sanction legal norm legal reality law interpretation methodology legal behavior legal mentality state compulsion existing law juridical conflict |
| url | https://www.rusjel.ru/jour/article/view/1790 |
| work_keys_str_mv | AT avkrasnov sanctionintherussianlegalrealitylevelresearch |