Role Of Legal Principles Research Articles

Legal Basis for the Application of the Principles of Legality and Justice in the System of Administrative Proceedings of the Republic of Kazakhstan

Abstract The purpose of the work is to study the principles of legality and justice in the practice of administrative proceedings of the Republic of Kazakhstan. For this, methods such as system and comparative analysis, logical analysis, deduction, induction, and formal-legal methods were used. During the implementation of the study, the significance, and role of legal principles in administrative justice in the Republic of Kazakhstan were investigated. After analysing the model of the transition of the countries of the former USSR to the system of administrative justice and the specifics of its implementation in Kazakhstan, it was concluded that the principles of legality and justice are legally fixed in the Administrative Procedure Code of the Republic of Kazakhstan. This article analyses the studies of both Kazakhstani and foreign scientists concerning the application of laws and principles in administrative proceedings. In addition, some aspects of improving the system of administrative justice in the context of legislative regulation of the application of legal principles are considered. The practical value of the results obtained is to provide recommendations that will have an impact on the activities of the administrative justice system of Kazakhstan and will allow it to be implemented more efficiently.

The role of legal principles in optimizing the regime rules of punishments not related to the isolation of the convict from society

The role of legal principles in optimizing the regime rules of punishments not related to the isolation of the convict from society

Role of Legal Principles in Eliminating and Minimizing the Risks of Genomic Technologies

The use of modern genomic technologies, along with the benefits to the man and society, can lead to negative consequences. Such risks exist both in the process and after the production, isolation, modification, storage of DNA. Prior to detailed legislative regulation of relations regarding the use of genomic technologies for medicinal purposes and not for medical reasons, legal principles become vital.The paper formulates the following basic legal principles of genomic technologies application: the principle of preventive actions of the state to protect citizens from the risks of using genomic technologies; the principle of preserving the human genome as a special species; the principle of guaranteeing the inviolability of the individual of every citizen when using genomic technologies; the principle of priority of life and health of citizens over the interests of science and society; the principle of equality of citizens regardless of genetic characteristics; the principle of protection of genetic information of every citizen as part of personal data; the principle of guaranteeing access to the citizen’s own genetic information. Legal principles can be used to resolve a dispute by analogy of law.

Identifying new pathways for ocean governance: The role of legal principles in areas beyond national jurisdiction

This paper seeks to illustrate the role of principles in an emerging regime for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ). While certainly not a standalone solution for a complex issue, principles nonetheless serve an essential function in regime-building, bridging legal and governance processes to identify new ways forward. Given the fundamental questions of international law at hand – the restriction of the freedoms of the high seas, the nature of UNCLOS as a “living instrument” and the need to engage in innovative practice spanning law and governance – it comes as no surprise that discussions on the future of ABNJ have been highly polarized. Principles offer points of convergence to address both the “regulatory gaps” and “implementation gaps” identified and serve the structural needs of both law and governance to produce dynamic change in the protection of marine biodiversity in ABNJ. Through their function as precursors to rules, principles prepare a common space for the emergence of a regime and give it a set of mechanisms through which it can strengthen its connections to the diversity of instruments and institutions involved in addressing a multifaceted problem. A statement of principles to strengthen the conservation and sustainable use of marine biodiversity in ABNJ – many of which constitute customary international law – would therefore be a logical and constructive next step in this on-going process.

The Role of Legal Principles in the Economic Analysis of Competition Policy

We study the impact of legal principles on the design and the effectiveness of antitrust fines. Modern antitrust enforcement obeys four basic legal principles: punishments should fit the crime, proportionality, bankruptcy considerations, and minimum fines. We integrate these principles into a Bertrand oligopoly model, where bankruptcy considerations ensure abnormal cartel pro fits. We discuss the optimal legally-constrained fine schedule that achieves maximal social welfare under these legal principles. This fine schedule induces collusion on a lower price by making it more attractive than collusion on higher prices. This fine structure depends on the characteristics of competition, legal restrictions, and market conditions and can be related to price-cap regulation implemented in several sectors, such as electricity and telecom. We analyze the welfare implications of limited liability restrictions and minimum fines. We conclude that regulations aiming at either reducing legal ceilings or raising minimum fines reduce social welfare and should better be avoided.

Distributional Choices in EU Climate Change Policy Seen Through the Lens of Legal Principles

In the course of designing and implementing climate change policies, one of the core dilemmas that faces states is how to distribute the costs (and benefits) of those policies among the responsible greenhouse gas (GHG)-emitting sources. The effective implementation of intensive emission reduction targets will require substantial efforts from most sources across all sectors of society. This chapter summarises the main conclusions of a PhD project, financed by the Netherlands Organisation for Scientific Research (NWO) Vulnerability, Adaptation and Mitigation (VAM) project, which has examined distributional choices included in the climate law and policy of the European Union from the specific perspective of legal principles (see Javier de Cendra, Distributional choices in EU climate change law and policy: Towards a principled approach? Kluwer Law International, 2011). The main research question concerned the role of legal principles in making, assessing and testing distributional choices. In order to answer that question, the research developed a framework for assessing distributional choices from the perspective of legal principles, thereby contributing to a further understanding of the legal dimensions of the serious distributional dilemma implied in climate policymaking. The most relevant conclusion of the research is that the content of distributional choices made in EU climate change policy increasingly embodies — despite significant remaining tensions — the core meaning of the relevant legal principles. This would support the view that legal principles can, and have in fact, provided guidance in structuring and rationalising bargaining processes in EU climate change law and policy. Nevertheless, one important and persistent factor limiting the degree of this contribution of legal principles is the lack of agreement on the core content of some important legal principles, particularly the polluter pays principle, the integration principle and the CBDR principle. Thus, ongoing efforts to explore more in depth the core content of those principles should be promoted.