Prejudice on discretion in law enforcement of financial legal provisions
Imperfection of procedure for implementing prejudice during the judicial review of cases could cause instability of practice, which indicates relevance of the research topic regarding formulation of clear criteria for the mechanism of applying prejudice at one’s own discretion in the enforcement of...
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Format: | Article |
Language: | English |
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National Academy of Internal Affairs
2023-02-01
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Series: | Юридичний часопис Національної академії внутрішніх справ |
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Online Access: | https://lawjournal.com.ua/en/article/download/preyuditsiya-shchodo-diskretsiyi-v-pravozastosuvanni-norm-finansovogo-prava |
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author | Anna Barikova |
author_facet | Anna Barikova |
author_sort | Anna Barikova |
collection | DOAJ |
description | Imperfection of procedure for implementing prejudice during the judicial review of cases could cause instability of practice, which indicates relevance of the research topic regarding formulation of clear criteria for the mechanism of applying prejudice at one’s own discretion in the enforcement of financial provisions of law. In view of the above, the purpose of the article is to identify peculiarities of discretionary powers bias in enforcement of financial provisions of law. The basis of the methodological toolkit is general philosophical (dialectical, hermeneutic), general scientific formal (empirical in the form of observation, description and comparison; axiomatic; hypothetical-deductive; formalization; unity of historical and logical) and specific scientific methods (formal-logical; comparative-legal; system-structural), as well as the methodology of revocation and monitoring of a preliminary judgment, which allows to investigate theoretical and practical issues of discretionary powers in the enforcement of financial and legal norms in unity of their substantive component and external form of reflection. Classification of prejudice has been proposed by: level of law enforcement; legal force of prejudice; meaning of established factual circumstances that are included in the subject of proof; nature of accusation; subject. The psychological dimension of using prejudicial categories has been studied as a metacognitive activity for establishing and taking into account values of prejudice in view of accuracy of empirical generalizations, formulating judgments to identify future consequences of decision-making with prejudicial categories given in the original decision. The article outlines the mechanism for implementing legal policy regarding the use of financial prejudicial categories, which should be based primarily on the instrumental and procedural characteristics of this model of legal influence. It has been established that in the organizational and legal aspect, conditions for the entry of the national market segment into the cross-border space are formed by streamlining interaction procedures of the subjects of legal relations through appropriate forms of legal influence. The practical value of the results is that they could be used to determine the procedure for using prejudice at the supranational and national levels, in particular, in the context of applying the practice of the Court of the European Union |
first_indexed | 2024-03-09T14:00:10Z |
format | Article |
id | doaj.art-a2b27c879c5d451bb5687176e92421e1 |
institution | Directory Open Access Journal |
issn | 2519-4216 2519-4313 |
language | English |
last_indexed | 2024-03-09T14:00:10Z |
publishDate | 2023-02-01 |
publisher | National Academy of Internal Affairs |
record_format | Article |
series | Юридичний часопис Національної академії внутрішніх справ |
spelling | doaj.art-a2b27c879c5d451bb5687176e92421e12023-11-30T08:34:20ZengNational Academy of Internal AffairsЮридичний часопис Національної академії внутрішніх справ2519-42162519-43132023-02-01131364310.56215/naia-chasopis/1.2023.36Prejudice on discretion in law enforcement of financial legal provisionsAnna Barikova0https://orcid.org/0000-0002-9707-0106National Academy of Internal AffairsImperfection of procedure for implementing prejudice during the judicial review of cases could cause instability of practice, which indicates relevance of the research topic regarding formulation of clear criteria for the mechanism of applying prejudice at one’s own discretion in the enforcement of financial provisions of law. In view of the above, the purpose of the article is to identify peculiarities of discretionary powers bias in enforcement of financial provisions of law. The basis of the methodological toolkit is general philosophical (dialectical, hermeneutic), general scientific formal (empirical in the form of observation, description and comparison; axiomatic; hypothetical-deductive; formalization; unity of historical and logical) and specific scientific methods (formal-logical; comparative-legal; system-structural), as well as the methodology of revocation and monitoring of a preliminary judgment, which allows to investigate theoretical and practical issues of discretionary powers in the enforcement of financial and legal norms in unity of their substantive component and external form of reflection. Classification of prejudice has been proposed by: level of law enforcement; legal force of prejudice; meaning of established factual circumstances that are included in the subject of proof; nature of accusation; subject. The psychological dimension of using prejudicial categories has been studied as a metacognitive activity for establishing and taking into account values of prejudice in view of accuracy of empirical generalizations, formulating judgments to identify future consequences of decision-making with prejudicial categories given in the original decision. The article outlines the mechanism for implementing legal policy regarding the use of financial prejudicial categories, which should be based primarily on the instrumental and procedural characteristics of this model of legal influence. It has been established that in the organizational and legal aspect, conditions for the entry of the national market segment into the cross-border space are formed by streamlining interaction procedures of the subjects of legal relations through appropriate forms of legal influence. The practical value of the results is that they could be used to determine the procedure for using prejudice at the supranational and national levels, in particular, in the context of applying the practice of the Court of the European Unionhttps://lawjournal.com.ua/en/article/download/preyuditsiya-shchodo-diskretsiyi-v-pravozastosuvanni-norm-finansovogo-pravalegal frameworklegal regulationsfunctions of lawlegal interpretationevaluationpreliminary categoriesatypical regulations |
spellingShingle | Anna Barikova Prejudice on discretion in law enforcement of financial legal provisions Юридичний часопис Національної академії внутрішніх справ legal framework legal regulations functions of law legal interpretation evaluation preliminary categories atypical regulations |
title | Prejudice on discretion in law enforcement of financial legal provisions |
title_full | Prejudice on discretion in law enforcement of financial legal provisions |
title_fullStr | Prejudice on discretion in law enforcement of financial legal provisions |
title_full_unstemmed | Prejudice on discretion in law enforcement of financial legal provisions |
title_short | Prejudice on discretion in law enforcement of financial legal provisions |
title_sort | prejudice on discretion in law enforcement of financial legal provisions |
topic | legal framework legal regulations functions of law legal interpretation evaluation preliminary categories atypical regulations |
url | https://lawjournal.com.ua/en/article/download/preyuditsiya-shchodo-diskretsiyi-v-pravozastosuvanni-norm-finansovogo-prava |
work_keys_str_mv | AT annabarikova prejudiceondiscretioninlawenforcementoffinanciallegalprovisions |