Theoretical and applied expediency of analyzing legal discourse in procedural law
Автор: Inshakova A.
Журнал: Legal Concept @legal-concept
Рубрика: Колонка главного редактора
Статья в выпуске: 3 т.23, 2024 года.
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The relevance of research: the paper presents the editor-in-chief’s analysis of the scientific papers that have made up the key section of the present issue of the journal Legal Concept = Pravovaya paradigma entitled “Legal Discourse in Procedural Law: Theoretical Discussion and Practical Expediency.” The relevance of the research is determined by the fact that the concept of legal discourse can be attributed to new, previously not considered categories and phenomena in law (for example, such as legal field, legal matter, legal choice, legal framework). The emergence of these phenomena is caused by the cardinal transformations that have occurred in public relations in recent decades, which have required changes and improvements in legal science, education, and the consolidation of new concepts in it and, accordingly, their study on the pages of scientific publications in a comprehensive, debatable format. The scientific novelty of the feature topic is due to the objective need to define the boundaries of legal discourse, taking into account the fact that each of its types is characterized by its own terminological system, manifested in an orderly organization. For procedural law purposes, this is, first of all, a reasonable time, claim proceedings, adversarial system, parties to a trial, procedural costs, stages of the process, etc. The methodological framework for the research is a systematic evolutionary approach combined with structural and functional, temporal and spatial, comparative and documentary, statistical and econometric analysis, as well as legislative modeling. As a part of the study, the general scientific methods were used, including dialectical, inductive, deductive, analytical, predictive, and the specific scientific methods such as formal legal, the method of legal interpretation, the comparative law method, etc. The results of the study: from the standpoint of complexity, multi-aspect, and interdisciplinarity, some complex, sometimes ambiguous definitions and approaches to the content of legal discourse in procedural law and the prospects for its research are studied. In the context of legal discourse, the core of which is, among other things, the conceptual expression of certain ideas, rules, and procedures in procedural law, the terms “judicial discretion” as well as “prosecution” and “defense” as fundamental concepts of the adversarial system are studied. New facets of the concepts of prosecution and defense are revealed, and their specific features are presented in the original author’s study through the prism of legal discourse. The scientific interest is focused on the institution of criminal and criminal procedure law - the court fine - as well as its practical relevance. Serious claims to the quality of its legislative implementation are analyzed. In terms of scientific significance and practical expediency, the problem of the correlation of the criminal procedural concepts of “premise” and “cause” in criminal proceedings is investigated. Some interesting developments concerning the linguistic features of normative statements are presented, which, in turn, are conditioned by the objective legal characteristics of the norms of law. Through the use of speech stereotypes, the analysis of scientific positions of understanding traces and evidence processed exclusively in digital form, their nature, and their correlation with generally accepted categories is carried out. A unified approach to understanding the nature of digital footprints and their scientific interpretation in criminology, criminal procedure, and other branches of legal science is being developed.
Legal discourse, procedural law, legal science, language of the legislator, language of law enforcement practice, language of legal journalism, reasonable time, claim proceedings, adversarial system, parties to a trial, procedural costs
Короткий адрес: https://sciup.org/149146546
IDR: 149146546 | DOI: 10.15688/lc.jvolsu.2024.3.1