Principles of Model Construction of Psychological Analysis of Interests for Solving Problems of Algorithmization of Law Enforcement (on the Example of Family Law Disputes)

The article outlines the principles of building a model designed for the legal practice of judicial review of disputes based on a psychologically oriented approach. The idea of using such a model in the context of digitalization of law enforcement activities is substantiated. The novelty...

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Main Author: T.V. Krasnova
Format: Article
Language:Russian
Published: Moscow State University of Psychology and Education 2022-01-01
Series:Психология и право
Online Access:https://psyjournals.ru/en/psyandlaw/2022/n3/Krasnova.shtml
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author T.V. Krasnova
author_facet T.V. Krasnova
author_sort T.V. Krasnova
collection DOAJ
description The article outlines the principles of building a model designed for the legal practice of judicial review of disputes based on a psychologically oriented approach. The idea of using such a model in the context of digitalization of law enforcement activities is substantiated. The novelty and peculiarity of the proposed approach will make it possible to identify the interests of the parties to the dispute in a situation of legal uncertainty. In cases where the court is forced to understand interests subjectively due to the lack of guiding principles in legislation and legal doctrine. In the circle of scientific concepts of psychological science, it is proposed to introduce the concept of interest in the meaning necessary for the dispute resolution procedure, a working version of the definition of the concept of interest is formulated. A typology of levels and degrees of interests and a method for determining interests providing additional resources for the peaceful resolution of a family legal dispute have been developed. The possibilities of work are shown by the example of family legal relations in which, by virtue of the law, it is required to identify and justify the interests of the child or the interests of the spouse.
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spelling doaj.art-cac6763565fd44e195fdfb484588efdc2022-12-22T03:57:16ZrusMoscow State University of Psychology and EducationПсихология и право2222-51962022-01-0112312413310.17759/psylaw.2022120311Principles of Model Construction of Psychological Analysis of Interests for Solving Problems of Algorithmization of Law Enforcement (on the Example of Family Law Disputes)T.V. Krasnova0https://orcid.org/0000-0002-3375-7443Tyumen State University The article outlines the principles of building a model designed for the legal practice of judicial review of disputes based on a psychologically oriented approach. The idea of using such a model in the context of digitalization of law enforcement activities is substantiated. The novelty and peculiarity of the proposed approach will make it possible to identify the interests of the parties to the dispute in a situation of legal uncertainty. In cases where the court is forced to understand interests subjectively due to the lack of guiding principles in legislation and legal doctrine. In the circle of scientific concepts of psychological science, it is proposed to introduce the concept of interest in the meaning necessary for the dispute resolution procedure, a working version of the definition of the concept of interest is formulated. A typology of levels and degrees of interests and a method for determining interests providing additional resources for the peaceful resolution of a family legal dispute have been developed. The possibilities of work are shown by the example of family legal relations in which, by virtue of the law, it is required to identify and justify the interests of the child or the interests of the spouse.https://psyjournals.ru/en/psyandlaw/2022/n3/Krasnova.shtml
spellingShingle T.V. Krasnova
Principles of Model Construction of Psychological Analysis of Interests for Solving Problems of Algorithmization of Law Enforcement (on the Example of Family Law Disputes)
Психология и право
title Principles of Model Construction of Psychological Analysis of Interests for Solving Problems of Algorithmization of Law Enforcement (on the Example of Family Law Disputes)
title_full Principles of Model Construction of Psychological Analysis of Interests for Solving Problems of Algorithmization of Law Enforcement (on the Example of Family Law Disputes)
title_fullStr Principles of Model Construction of Psychological Analysis of Interests for Solving Problems of Algorithmization of Law Enforcement (on the Example of Family Law Disputes)
title_full_unstemmed Principles of Model Construction of Psychological Analysis of Interests for Solving Problems of Algorithmization of Law Enforcement (on the Example of Family Law Disputes)
title_short Principles of Model Construction of Psychological Analysis of Interests for Solving Problems of Algorithmization of Law Enforcement (on the Example of Family Law Disputes)
title_sort principles of model construction of psychological analysis of interests for solving problems of algorithmization of law enforcement on the example of family law disputes
url https://psyjournals.ru/en/psyandlaw/2022/n3/Krasnova.shtml
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