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The purpose of the research is to generalize the most perspective ideas of modern researchers and to form the authors’ position on the problem of the notion of legal…
The purpose of the research is to generalize the most perspective ideas of modern researchers and to form the authors’ position on the problem of the notion of legal conflict from the point of view of its application in the practice of legal conflicts management. The methodology of the research consists of structural and functional approach that allows studying legal conflict as a complex system, each element of which performed a certain function. During formulation of the notion “legal conflict,” the formal and logical method of dieresis is used, which allows differentiating legal conflicts from other social conflicts and differentiating the notion from adjacent categories. The authors study the main directions of legal conflict in the modern science. Tendencies of development of ideas of legal conflict are determined. Conclusion on the necessity for formation of “flexible” definitions of the notion “legal conflict,” oriented at their application in the practice of conflict management, is substantiated. Criticism is applied toward the researchers that try to use the methods of conflict research for analysis of purely legal phenomena (legal collisions, gaps, arguments on competence, etc.). Definition of legal conflict is formed and it is shown how it is possible to build a system of diagnostics of legal conflict on its basis. It is concluded that definition of legal conflict always sets main directions of study of the phenomenon, due to which there are different definitions of the corresponding notion, depending on researcher’s orientation at studying the conflict or means of its solution. The key sign of legal conflict is the possibility of its regulation with legal means, which is realized by the conflict participants. It is necessary to view conflict as a space of opportunities – for participants and for legal bodies. It is necessary to form and develop a system of diagnostics of legal conflicts.
The purpose of the research is to study – on the basis of public relations and law of various countries – the characteristics of violation of law as a variety of social…
The purpose of the research is to study – on the basis of public relations and law of various countries – the characteristics of violation of law as a variety of social conflict, and to determine соrrelations of material notion “public danger” to notions “conflict” and “legal conflict.” The authors use the philosophical law of integrity and struggle of the oppositions, rather-legal, historical and legal, and formal and legal methods. The authors analyze characteristics of violation of law as a variety of social conflict with the existing values. Absence of similarity of the notions “social value,” “value that is set by the law,” and “value set by the state” is determined, and the possibility of state’s violating the law is considered. Characteristics of crimes, envisages in criminal codes of various countries, are compared, and the feature of public danger, which should ideally reflect the true system of values for a certain organized society, is analyzed. Commonness of the objects of crimes, envisaged by criminal codes of various countries, is shown. Similarity of a lot of objects of crimes, envisages in criminal codes of various countries, is predetermined by the existing values, which are equal for all countries with democracy. Public danger as a criterion of social conflict, due to its evaluation character, which is conducted by authorized subjects, does not influence the acknowledgment of crime – even if criminal law envisages relations that are not values and are alien to this society. From the social aspect, violation of law is a variety of social conflict – with real and formal value, which may not coincide with true public values.
The purpose of the research is to determine the essence and notion of economic violation of law and their varieties, and to determine the reasons that lie in the basis of…
The purpose of the research is to determine the essence and notion of economic violation of law and their varieties, and to determine the reasons that lie in the basis of this negative social phenomenon. The authors use the philosophical law of integrity and struggle of contradictions and rather-legal, historical and legal, and formal and legal methods of scientific cognition. Such laws of dialectics and transition of quantitative changes into qualitative changes, negation of negation, and others are used. Signs and types of economic violations of law are analyzed and their predetermination by the conflict character of economic relations is noted. Comparison of economic violations of law that are peculiar for administrative and market models of economy is performed. The universal character of economic relations as objects of legal protection is shown. Classification of economic violations of law, based on the level of their public danger and spheres of distribution, is provided. Special attention is paid to civil and legal violations of law as a variety of economic violations of law, based on not anti-social settings of the subject but conflict with the borrowed system of values, which is alien to most members of society. The notion “economic violation of law” is of the collective character and includes illegal actions regarding economic relations, and the latter are of the conflict character due to different interests of subjects, the existing competition, and striving for obtaining profit. Economic violation of law is an illegal form of solving the existing conflict, which leads to application of measures of legal responsibility. The causes of economic violations of law could be overcome by implementation of the values and ideals of justice in the legal norms. They should be based on historical, cultural, spiritual, and legal traditions. All that is imposed artificially is destined for rejection and creation of new conflicts, including economic violations of law.