Problems of formal certainty of the principles of law
Автор: Bagirov T.F., Ovchinnikov S.N.
Журнал: Международный журнал гуманитарных и естественных наук @intjournal
Рубрика: Юридические науки
Статья в выпуске: 2-2 (53), 2021 года.
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The newly adopted legislation, both by the legislator and his critics, is rarely examined and evaluated from the standpoint of its compliance with the general principles of law. This omission does not allow the parties to public discussions to reveal the "spirit" of a new act. Meanwhile, the analysis of the content of the principles of law and the assessment, from their positions, of the new legislation would allow us to determine legally correctly how much a particular legal act adopted by the legislator or the judiciary corresponds to the legal system of Russia itself, the current legal order. On the other hand, an analysis of the new legislation from the standpoint of general principles of law would refute the opposition's accusations of excessive politicization, and could reveal the progressive direction of development of many of the criticized novels, according to the authors. When criticizing existing legal institutions from the standpoint of general principles of law, their researcher excludes any bias, is extremely objective, is out of position in relation to any corporate, political or other momentary interests, does not allow biased conclusions in relation to the object of criticism
Principles of law, classification of principles of law, principles of social freedom, equality and justice, humanism, legality, responsibility for guilt
Короткий адрес: https://sciup.org/170188471
IDR: 170188471 | DOI: 10.24412/2500-1000-2021-2-2-83-87