Countering legal errors: from theory to practice

Though clearly distinct in nature and procedure, both regulatory agencies and courts frequently rely on similar instruments to sanction the same or very similar kinds of illegal behavior. In this article, we develop a theory of the use of criminal sanctions in addition to regulatory penalties. We show that, even though it is generally more effective to have a penalty imposed by a regulatory agency rather than by the courts, under some conditions it is optimal to have both. The article provides three arguments: agency costs when delegating law enforcement, legal error, and collusion between a regulatory agency and an offender. The objective of the article, though, is not limited to the determination of the theoretical conditions that can make the use of both sanctioning schemes optimal. Our analysis is also relevant to the application of a specific legal doctrine, the Double Jeopardy Clause. Copyright 2004, Oxford University Press.

The study aims to identify the connection between politics and law and the effect of such connection on social and legal reality, including the state and efficacy of criminal policy. The author aims at updating theoretical provisions about the state and law and concepts of legal understanding to determine the discourse of political and legal reality that provides certain properties of law and law enforcement in the battle against crime. The author expands upon this connection using general scientific (analysis, synthesis, comparison) and specific scientific (axiological, historical, sociological, and special legal) methods of scientific knowledge, which allow examining the general and special value content of law and politics. The influence of politics on law can affect the fundamental principles of the law nature. It may lead to a number of unfavorable consequences in the battle against crime, starting from the ineffectiveness of special criminal and criminal legal measures that control the criminalization of society to a state threatening society, which can be defined as the “disbandment” of law. The main issue of modern domestic criminal policy is political opportunism of the law, which is characterized by legislative instability and multidirectional vectors in crime-fighting strategy and tactics. Thus, it endangers the well-being and security of citizens, society, and the state. Legal and political ideas must have a common value content that links law and politics with dialectical unity. In a democratic state governed by the rule of law, law, in its integrative understanding, should be the basis for politics in general and criminal policy in particular.

This study aims to determine Law Enforcement Against Influencers Advertising Illegal Cosmetic Products on the Instagram Social Media Platform in the Pekanbaru City Police Legal Area and To Know the Ideal Concept of Law Enforcement Regulations Against Influencers Advertising Illegal Cosmetic Products on Instagram Social Media Platforms in the Resort Police Legal Area Pekanbaru City. This research is a type of juridical sociological research, namely empirical research to find theories about the process of occurrence and about the working process of law in society. The approach method used in this study uses a problem approach which is carried out in a juridical-empirical manner, namely a juridical approach is used to analyze various laws related to the problems that the author raises above, while an empirical approach is used to analyze law by looking at the legal reality that occurs in public. Empirical juridical is also called sociological juridical.

The modern world order under the influence of globalization processes has changed considerably leading to a paradigm shift in law, to serious displacement °f concepts of understanding contributing to the methodological crisis of modern theory of law. A new legal reality of the XXI century transformed by globalization and examined in the context of legal anthropology draws the new future of that is created not only by state authorities, but also by private actors: A global business community or business elite by means of transnational and multinational organizations, supranational structures. A disciplinary matrix of private international is also undergoing significant changes being at the forefront of the ongoing transformations. And if the system of private international based on the postulates of a positivist legal science still does not include the of non-state regulation, the modern paradigm of private international is already inconceivable without appropriate rules. Legal instruments used to regulate cross-border relations, the nucleus of which is formed by of law, are greatly enriched today by quasi-judicial (non-legal) means rather than new of law. A significant place is occupied now by of non-governmental regulation that in the context of this study are qualified as collective and the most neutral designation of norms of non-governmental origin governing cross-border relations. The process of active application of non-state regulation in the area of cross-border trade started in the sphere of transboundary trade regulation and has spread to virtually all types of trans-boundary relations of civil nature, albeit with a very different degree of penetration and recognition of relevant rules, as well as with different admissible functionalities. A living, flexible, adaptive, self-organizing, mobile regulatory environment is shaped by supplanting, replacing, adapting, enriching traditional legal regulators. What is particularly important, and in the nearest future can lead to global consequences, is that the of non-governmental regulation form a special regulatory system of not ideally-abstract vacuum type that serves the purpose of modelling the future legal systems, but the system carrying out an obviously applied purpose as an applicable law in the context of well-developed and widely recognized destinator on the international scene, i.e. international commercial arbitration. In fact, there is some fundamental rift in the matter of understanding and, as a consequence, enforcement (application of norms) in the practice of national courts in different countries and in the practice of international commercial arbitrations resolving cross-boundary disputes.. The term rules of law clearly understood by any domestic lawyer takes on new sacred importance in private international and in international commercial arbitration. The author makes an attempt to assess developments in the context of private international law. The current legal reality that is being studied in the context of legal anthropology, synergetics, integrative approach to provides new answers to contemporary challenges that are highly relevant to private international and its institutions. This approach, i.e. examining developments in international private through the prism of legal theory, allows for updating, enriching, modernizing the doctrine in question.

The article summarizes, expands and substantiates scientific knowledge about legal transformation as a component of modern legal development. The problems of transformations are understood by scientists of various directions and branches of social knowledge, primarily philosophers, political scientists, sociologists, economists and lawyers, since historical progress is directly determined by the ideas of democracy, freedom, free market, law and statehood. The points of view available in the specialized literature regarding the understanding of social transformation, its types, forms, trends and factors are analyzed. Social transformation covers the entire sphere of relations and interests (needs) in society, is the basis of the material and ideological structure on which both theory and practice of human life are based. Social transformation means the process of transformations in society, in particular in the cultural, political, economic and legal spheres. Qualitative and quantitative indicators of these transformations depend on many reasons and factors – internal and external, purposeful and spontaneous, objective and subjective, etc. Based on the study and systematization of transformational issues in legal science, the essence of legal transformation is revealed, under which it is proposed to understand qualitative and quantitative, substantive and formal, progressive and regressive, rational and irrational, regular, random and tendentious transformations of legal matter, legal life,legal reality, legal phenomena and processes under the action, influence, in the context, in the conditions of internal and external, purposeful and spontaneous, objective and subjective causes and factors (globalization, European integration, digitalization, sustainable development, etc.). The prerequisites for determining the common, distinctive and special features of legal transformation and legal reform within the framework of the development of the theory of the latter are outlined. Legal transformation is a component (component) of legal development along with such legal changes as formation, functioning, destruction, and is also carried out in the form of legal evolution, legal revolution, and legal reform. Turning to transformational (transformative) processes in legal reality is intended to continue the scientific search for an optimal, effective model of legal development, initiated by domestic scientists, in fundamentally new realities – in the conditions of war and post-war state reconstruction. Key words: development, social development, legal development, changes, social changes, legal changes, transformation, social transformation, legal transformation, transformation of legislation, transformation of the legal system, reform, social reform, legal reform, theory of legal reform.

Law enforcement in Indonesia faces a range of challenges, including corrupt practices, social injustice, and weak capacity of law enforcement officials, which hinder the achievement of a safe, orderly, just, and prosperous society. This research aims to analyze the historical, socio-political, and cultural dynamics that affect law enforcement in Indonesia, as well as to identify solutions to strengthen a just legal system. The method used is literature research with a qualitative approach, collecting data from related literature and analyzing relevant legal concepts and social dynamics. The findings of the study show that fair enforcement of the law is essential to ensure justice not only in terms of legal, but also social and moral, considering the influence of religious, customary, and state laws. In addition, the politicization of the law is a big challenge. The implications of this research are the need for legal system reform, strengthening the capacity of law enforcement officials, increasing access to justice, and the use of technology to increase transparency and efficiency. Collaboration between the government, law enforcement, and the public is also key to creating a more responsive and fair legal system in Indonesia.

This research aims to analyze law enforcement against the crime of palm oil fruit theft at PT. HASIN, which is one of the important companies in the agribusiness sector in Indonesia. The theft of palm oil fruit has become a significant issue that not only impacts the company's financial losses but also affects operational stability and employee welfare. Using a qualitative approach, this research collected data through in-depth interviews with company management, law enforcement officers, employees, and the surrounding community, as well as direct observations at the plantation site.The research results show that theft is often carried out by organized groups and involves various planned modus operandi. The economic impact of theft is very significant, with losses reaching hundreds of millions of rupiah per year. In addition, law enforcement against theft perpetrators faces various challenges, including lack of evidence, limited law enforcement resources, and uncertainty in the legal process. Although there are regulations underpinning law enforcement, inconsistent application of sanctions often reduces the deterrent effect on offenders.This research recommends enhancing collaboration between companies and law enforcement agencies, implementing modern technology for prevention, By raising public awareness about the impact of theft, it is hoped that more comprehensive strategies will help reduce the occurrence of such crimes, thereby enhancing the sustainability of the company and the welfare of its workforce. This study is very helpful in shaping policies and law enforcement methods in the agribusiness industry, while also emphasizing the need for cross-sector collaboration to address challenges related to theft

The relevance of this study is conditioned upon the fact that scientific papers have almost no attempts to theoretically develop the correlation between religion and law. Legal scholars ignore the forms of influence of religion on law-making and law enforcement activities. Available research in this area is often fragmentary. The purpose of this study was to prove the relationship between religion and law based on modern legal understanding of the main principles, to clarify the role of religion in the legal sphere. The philosophical and methodological framework of this study involved the principle of pluralism in the choice of methodological approaches, methods, and techniques because they form the foundation of the scientific and cognitive process, ensure unity and purposefulness in the study of common features of religion and law in the law-making and law enforcement procedure, such as ritualism, tradition, authority, and universality. It is argued that in modern society, religious values, albeit losing their former meaning of the”sacred image” of the world, and even if Christian principles do not have a direct impact on the legal system, still play a considerable role in legal life because European legal culture was created under the influence of Christianity, a Christian view of the world. Modern European legal systems operate in a social system that has absorbed Christian religious values. This study is aimed at further development of the general theory of law, expanding the knowledge about the correlation between religion and law in the system of social regulation, improvement of legislation. The results obtained can be used in the field of law-making and law enforcement, for the preparation of textbooks, manuals, for lawyers, philosophers, sociologists, and all those who are not indifferent to the development of legal awareness.

The subject of this article's are scientific studies dedicated to the use of artificial intelligence in various aspects of human life in general, and its application in law enforcement activities in particular. The focus of this study is a comprehensive legal assessment of the potential application of artificial intelligence technologies in law enforcement activities, as well as the identification of legal and organizational issues arising during their implementation and practical application. The importance of the research is determined by the necessity for a thorough and comprehensive analysis of the possibilities for broader integration of artificial intelligence technologies in law enforcement activities. The author analyzes the existing scientific works in the Russian legal reality that explore the potential applications of artificial intelligence within the law enforcement system, highlights several areas of using artificial intelligence in law enforcement agencies, identifies problems arising from the use of modern intellectual technologies, and offers recommendations for overcoming these challenges. The methodology of the research consists of regulatory legal acts of the Russian Federation, as well as the works of Russian scholars. Both general scientific and specialized research methods were employed in the article. The novelty of the research lies in the author's comprehensive approach to the examined issue, the attempt to systematize the existing scientific experience of Russian scholars, and the formulation of recommendations regarding the studied problem. As a result of the research, the author reaches the following conclusions: the study of the use of artificial intelligence in law enforcement activities cannot be fragmented; it must be conducted within a cohesive interdisciplinary approach that allows for the development of a scientifically grounded concept of the functioning of intelligent systems in law enforcement activities; the regulatory framework governing the procedure for the implementation and operation of algorithmic technologies must be characterized by a high degree of legal certainty, internal coherence, and completeness, excluding the possibility of ambiguous interpretation of the conditions and limits of using artificial intelligence in criminal law relations; the digital transformation of the law enforcement system should be proactive rather than reactive; a significant condition for the effective functioning of intelligent technologies is the creation of a reliable infrastructure for data storage, processing, and protection, which includes technical, organizational, and legal mechanisms for ensuring information security, as well as the continuous updating of data sets and the integration of software complexes used.

The article explores the legal relations arising in the process of investing in real estate objects that are to be constructed in the future, through the lens of the application of the provisions of the Law of Ukraine № 2518-IX «On guaranteeing property rights to real estate objects that will be constructed in the future». Emphasis is placed on the cross-sectoral nature of legal regulation, which encompasses both private and public law elements, as well as the necessity of correctly determining the jurisdiction over disputes. The author analyzes current judicial practice, which is only beginning to take shape and does not yet demonstrate a sufficient level of consistency or depth in interpreting the provisions of the new legislation. Attention is drawn to cases of erroneous application of the provisions of Law No. 2518-IX to legal relations that arose before it came into force, in particular to contracts for the sale and purchase of property rights. Such approaches are considered erroneous and pose a threat to the unity and predictability of judicial practice. Special attention is given to the analysis of the conceptual and categorical framework of Law No. 2518-IX, particularly the distinction between ownership rights to a real estate object and the special property right that is subject to state registration during the construction process. The study identifies issues arising from the failure of courts to observe this distinction, which leads to legal errors and inconsistencies. It is substantiated that effective implementation of Law No. 2518-IX requires not only its formal application but also a proper understanding of its objectives, terminology, and the scope of legal regulation. The conclusions note that judicial practice in this area is not yet well-established, although certain positive precedents have already emerged. A number of pathways for improving legal enforcement are proposed, including: conducting systematic training programs for judges, developing unified legal positions by the Supreme Court, and clearly delineating the scope of the new law from general civil legislation. Emphasis is also placed on the need to consider the moment when the right to carry out construction work is acquired, as this directly affects the determination of applicable legislation. Thus, the study provides a comprehensive analysis of current issues and offers recommendations that may contribute to enhancing the effectiveness of judicial activity within the framework of the updated legal landscape.

The features of the axiological status of the state-legal doctrine of Russian conservatism, which have an impact on national algorithms of value-motivated organization of legal activity, are considered. It is proved that the conservative doctrine represents the interrelation of irrational legal images and rational ideas originating from religious institutions and state-legal traditions of society, based on the concepts of the priority of ethical principles over formal legal grounds. It is proved that the Russian legal thinking differs significantly from the Western one, which is most fully embodied in the mode of domestic conservatism with its inherent theonomic ethics and metaphysics of unity. Based on the analysis of the domestic legal tradition, the definition of conservative legal values is formed as conditioned by the cultural and civilizational originality of ideas about legal reality, expressed in legal consciousness and legal culture, perceived in unity with moral values. The aim of the study is to establish the axiological status of the state-legal doctrine of Russian conservatism. The methodological basis includes the use of specially legal methods: historical, formal-logical, comparative, at the same time, the historical-legal nature of the work necessitated the involvement of theoretical-legal interpretation and evaluation of state-legal ideas, structural and comparative methods. It is stated that the axiological potential of the state-legal doctrine of Russian conservatism lies in the convergence of the modes of morality and law, orientation to law enforcement with congruent interaction of legal and moral regulators. It is argued that within the framework of the axiological approach and in the context of taking into account the legal tradition of Russia, it is possible both to overcome the inertia of the modern theory of law and to increase the effectiveness of legal regulation.

Background. The article reviews the speeches of the participants of the All-Ukrainian scientific and practical conference, dedicated to the 100th anniversary of the birthday of Doctor of Law, Professor Vasyl Luk'yanovych Muntyan, on the topic "Legal problems of rational nature use, nature protection and a safe environment in Ukraine." The event was organized and held jointly by the Department of Land and Agrarian Law and the Department of Environmental Law of the Educational and Scientific Law School of Taras Shevchenko National University of Kyiv, October 21, 2022. The purpose of the article is analysis of scientific heritage of Professor Vasyl Luk'yanovych Muntyan, to highlight scientific-theoretical and legal approaches to the further development of environmental, land and agrarian legal research in the context of national environmental as well as land and agrarian policy, taking into account the proposals made by the participants of the conference from the standpoint of current legislation as far as the participation of our state in international and European integration processes is considered. Methods. The methodological basis of the research was the general scientific dialectical method of learning social phenomena in their interrelationship and development, as well as scientific methods of analysis and synthesis, interpretation of legal norms, formal and legal, historical, comparative and legal, prognostic methods etc. Results. The participants of the conference paid attention to the current problems of the development of agrarian, land and environmental law in the context of overcoming the consequences of large-scale russian aggression on the territory of Ukraine and the transition to peaceful development in the future. Proposals were given for improvement of environmental, land, agrarian and natural resources legislation and law enforcement practice, as well as for the development of environmental, land and agrarian legal science in Ukraine through the prism of generational inheritance and scientific heritage of Prof. V. L. Muntyan. In the scientist's research, the concept of rational nature management is embedded as a fundamental principle of environmental law, science and state management. The idea of legal provision of rational nature use meets modern requirements for reforming ecological and legal reality, harmonizing relations between man and nature on the basis of sustainable development and economical use of natural resources, development of Ukraine as a European, legal, social and ecological state, implementation of the constitutional principles of the Ukrainian people's property on land. More than 60 years ago, Prof. V. L. Muntyan actualized the need to solve the problems of wind and water erosion of soils, the negative impact of deforestation on the condition of agricultural lands and careless management; he pointed out the need to adopt the Law on Soil Protection. Conclusions. The need to eliminate fragmentation in further studies of problems of the methodology of development of environmental, land and agrarian law in order to form a system of guarantees of the effectiveness of the law, to determine ways of improving the legislation in the sources of national environmental, land and agrarian policy has been determined. The study and generalization of law enforcement practice will make it possible to evaluate the positive and negative results of the introduction of the principles of sustainable development, the elimination of corruption in the process of land reform, reforms in mining, forestry, water, agriculture, industry and other sectors of economy, ensuring environmental safety, observing and protecting rights human, prevention of negative climate changes. During the martial law and in the reconstruction period – after overcoming the Russian military aggression against our country – the entire legal system should be aimed at building Ukraine as a European, legal, social and ecological state.

the domestic state and legal reality. The methodological basis of the work is formed by general scientific and specific scientific (historicallegal, comparative-legal, descriptive, content analysis) methods of cognition of legal reality. The conclusions are substantiated that the approval of the anti-globalization paradigm of a multipolar world as a priority of state development of our country for the coming decades, the consistent implementation of the doctrine of constitutional democracy based on traditional legal universal values, the formation of a socially oriented rule of law state in Russia determine the need for a deep modernization of administrative legislation. A special place in this process should be given to the modernization of legislation on the civil service, including on the civil service in the law enforcement sphere and in the penal system, in particular. The globalist neoliberal model of social development, imposed in the 90s of the last century and dominant in the sphere of public administration in our country until recently, is undergoing a deep rethinking and adjustment taking into account the national interests of Russia. We are talking about the formation and development of a new sovereign model of the domestic state and law in all its diverse manifestations. In these conditions, one of the most important elements of the public administration system in need of modernization is the civil service system. The scientific and practical significance of the work lies in substantiating the provisions that the processes of development of administrative constitutionalism as a basic concept of positive convergence of European liberal values and ideas of the Russian world in the domestic model of public service.

On January the 1st, 2021, the first Civil Code in the history of the People's Republic of China took effect. The process of codification of civil legislation began in the PRC back in the 1950s. However, due to various circumstances, the Code wasn't adopted during the 20th century. Only in virtue of the initiative of Xi Jinping, the General Secretary of the CPC Central Committee, the work on the content of a largecodified act of civil law was successfully completed and the Chinese parliament approved the Code in May 2020. A kind of "economic constitution", which is understood as the Civil Code, is designed to regulate a wide range of civil law relations, comprehensively protect the legal rights and interests of a wide range of participants. The emergence of the Civil Code in the legal system of China was a major event in the history of the country, it was carried out as a part of a large-scale campaign to strengthen the rule of law and rule the state on the basis of the law. The content of the Civil Code of the PRC is of significant theoretical and practical interest both for the Russian legal and sinological sciences, and for all compatriots working with China and in China. The research of the Code requires a deep immersion in the Chinese political and legal reality, an understanding of the foundations of public administration in a new era, and also an awareness of the specifics of legal culture, the legal consciousness of Chinese citizens and law enforcement practice.

The article is devoted to the analysis of environmental and legal conflict through the prism of its determinants (factors causing conflict). This approach will facilitate the development of a mechanism for preventing and resolving conflict situations.The conditions (prerequisites) for the emergence of an environmental conflict are investigated and identified as objective circumstances, phenomena of social, economic, political and legal reality which give rise to or contribute to its emergence. In the context of the analysis of environmental and legal conflicts, the author identifies the interrelationships of environmental conflicts with the existing legal instruments of environmental law. the author concludes that the conflict of legal regulation complicates law enforcement practice and gives rise to legal relations of a conflict nature.Two groups of causes of emergence and development of conflicts were analyzed - objective (existence of social contradictions: conflict of needs, conflict of interests, conflict of values and norms) and subjective (awareness of contradictions by subjects and active interaction of subjects), which should be considered comprehensively. Environmental-legal conflict is characterized by all groups of social contradictions, given the nature and content of environmental legal relations. This conclusion is justified by the fact that environmental relations have a conflictual legal nature, which is factually determined by the diversity of interests, needs and values which the subjects wish to achieve by entering into the relevant relations.The article substantiates that both the conditions, preconditions and causes of conflict are in a dialectical relationship, and therefore they should be studied in their entirety as determinants of environmental and legal conflict. The preconditions of an environmental and legal conflict do not give rise to conflicts, they only affect the causes that directly lead to conflicts. On the other hand, the causes lead to the emergence of a certain phenomenon (in our case, an environmental-legal conflict) only under certain conditions. It is concluded that the classification and definition of a particular factor of environmental conflict is relative and is determined in each specific case: a particular phenomenon of objective reality in some legal relations will act as a cause, in others - as a condition for the conflict.