PROCEDURAL LIABILITY AS A LEGAL PHENOMENON
Objective: basing on the research of existing doctrinal developments, current legislation and law enforcement practices, to analyze the place and role of procedural liability in the system of legal liability, to develop recommendations on improvement of normative legal regulation of this institution...
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| Format: | Article |
| Language: | English |
| Published: |
Tatar Educational Center “Taglimat” Ltd.
2015-09-01
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| Series: | Russian Journal of Economics and Law |
| Subjects: | |
| Online Access: | https://www.rusjel.ru/jour/article/view/1930 |
| _version_ | 1797255927964893184 |
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| author | N. V. Makareyko |
| author_facet | N. V. Makareyko |
| author_sort | N. V. Makareyko |
| collection | DOAJ |
| description | Objective: basing on the research of existing doctrinal developments, current legislation and law enforcement practices, to analyze the place and role of procedural liability in the system of legal liability, to develop recommendations on improvement of normative legal regulation of this institution. Methods: the research is based on the dialectical method of cognition, the method of comparison, historical, formal-legal, and special and private law research methods, forecasting method, logic, formalization, and methods of legal and comparative legal analysis.Results: the article contains a comprehensive analysis of liability for procedural law violation. Legislative measures are proposed, which are aimed at improving the efficiency of procedural relations protection.Scientific novelty: on the basis of the conducted research, it is proposed to delete from the current arbitration procedure, civil procedure and criminal procedure the law provisions that impose legal liability for procedural violations, and to stipulate the administrative responsibility through making amendments in Chapter 17 of the Administrative Code.Practical significance: the theoretical findings formulated in the articlecan be used in the implementation of the reform of legal regulation of the legal procedure and in law enforcement, when implementing legal liability in the legal procedure. This will be a powerful stimulus for improving the law regarding the implementation of legal liability in the sphere of procedural relations. |
| first_indexed | 2024-03-08T23:15:21Z |
| format | Article |
| id | doaj.art-5e2801a61b8b4e0fa7df49701b37c2bc |
| institution | Directory Open Access Journal |
| issn | 2782-2923 |
| language | English |
| last_indexed | 2024-04-24T22:13:38Z |
| publishDate | 2015-09-01 |
| publisher | Tatar Educational Center “Taglimat” Ltd. |
| record_format | Article |
| series | Russian Journal of Economics and Law |
| spelling | doaj.art-5e2801a61b8b4e0fa7df49701b37c2bc2024-03-20T08:16:49ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232015-09-01032382431928PROCEDURAL LIABILITY AS A LEGAL PHENOMENONN. V. Makareyko0Nizhniy Novgorod Academy of the Ministry of Domestic Affairs of the Russian FederationObjective: basing on the research of existing doctrinal developments, current legislation and law enforcement practices, to analyze the place and role of procedural liability in the system of legal liability, to develop recommendations on improvement of normative legal regulation of this institution. Methods: the research is based on the dialectical method of cognition, the method of comparison, historical, formal-legal, and special and private law research methods, forecasting method, logic, formalization, and methods of legal and comparative legal analysis.Results: the article contains a comprehensive analysis of liability for procedural law violation. Legislative measures are proposed, which are aimed at improving the efficiency of procedural relations protection.Scientific novelty: on the basis of the conducted research, it is proposed to delete from the current arbitration procedure, civil procedure and criminal procedure the law provisions that impose legal liability for procedural violations, and to stipulate the administrative responsibility through making amendments in Chapter 17 of the Administrative Code.Practical significance: the theoretical findings formulated in the articlecan be used in the implementation of the reform of legal regulation of the legal procedure and in law enforcement, when implementing legal liability in the legal procedure. This will be a powerful stimulus for improving the law regarding the implementation of legal liability in the sphere of procedural relations.https://www.rusjel.ru/jour/article/view/1930legal liabilitypublic enforcementrule of lawsanctionnormative-legal regulationenforcementlegal procedurecourt proceedings |
| spellingShingle | N. V. Makareyko PROCEDURAL LIABILITY AS A LEGAL PHENOMENON Russian Journal of Economics and Law legal liability public enforcement rule of law sanction normative-legal regulation enforcement legal procedure court proceedings |
| title | PROCEDURAL LIABILITY AS A LEGAL PHENOMENON |
| title_full | PROCEDURAL LIABILITY AS A LEGAL PHENOMENON |
| title_fullStr | PROCEDURAL LIABILITY AS A LEGAL PHENOMENON |
| title_full_unstemmed | PROCEDURAL LIABILITY AS A LEGAL PHENOMENON |
| title_short | PROCEDURAL LIABILITY AS A LEGAL PHENOMENON |
| title_sort | procedural liability as a legal phenomenon |
| topic | legal liability public enforcement rule of law sanction normative-legal regulation enforcement legal procedure court proceedings |
| url | https://www.rusjel.ru/jour/article/view/1930 |
| work_keys_str_mv | AT nvmakareyko proceduralliabilityasalegalphenomenon |