The Significance of the Essence of Law in the Judicial Review of Particular Cases

The legislation is not able to fully reflect all the meanings necessary for law enforcement. This requires a court as the highest body of official law enforcement. There is a certain cycle of legal education, in the center of which is legal science. In this cycle, the law enforcement essence of law is revealed. That is, law through the category of essence must be considered as a result in which a certain certainty in a particular legal relationship is formulated in the final semantic legal form, and which (legal, semantic, essential certainty) appears when a legal, judicial act (decisions, resolutions, definitions) enters into final legal force. In other words, the essence (law enforcement) of law must finally manifest itself in the certainty of a specific law enforcement act.

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Publication Details

Journal
Russian judge
Published
2024-08-01
DOI
https://doi.org/10.18572/1812-3791-2024-8-2-6
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

The Significance of the Essence of Law in the Judicial Review of Particular Cases

Vitaliy A. Shiryaev
Russian judge
Legal and Policy Issues
article

The Significance of the Essence of Law in the Judicial Review of Particular Cases

Vitaliy A. Shiryaev
article en

Abstract

The legislation is not able to fully reflect all the meanings necessary for law enforcement. This requires a court as the highest body of official law enforcement. There is a certain cycle of legal education, in the center of which is legal science. In this cycle, the law enforcement essence of law is revealed. That is, law through the category of essence must be considered as a result in which a certain certainty in a particular legal relationship is formulated in the final semantic legal form, and which (legal, semantic, essential certainty) appears when a legal, judicial act (decisions, resolutions, definitions) enters into final legal force. In other words, the essence (law enforcement) of law must finally manifest itself in the certainty of a specific law enforcement act.

Russian judge
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
Legal and Policy Issues
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