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Первый авторVlasenko
Страниц8
ID449966
АннотацияThe article examines in detail the logic basis of legal qualiёcation, the major stage of application of the law, the means of speciёcation of the provisions of the rule of law. Two blocks of logic rules to be observed in the course of legal qualiёcation are analyzed: the organic laws of logic (identity, noncontradiction, the excluded middle, sufёcient reason) and the rules of construction of categorical syllogisms. The author afёrms that careful research of logic forms of legal qualiёcation used in the course of application of the law, will promote development and implementation of logical programmes (algorithms) of qualiёcation in the work of law enforcement authorities, ёrst of all, for “typical cases” and, hence, will lead to automation of this process, realization of “The Electronic Judge” programme, which has already been introduced in some countries, mainly Latin and Central America.
УДК162
Vlasenko, V.N. Legal Qualiёcation as a Logical Method of Cognition / V.N. Vlasenko // Журнал Сибирского федерального университета. Гуманитарные науки. Journal of Siberian Federal University, Humanities& Social Sciences .— 2016 .— №1 .— С. 210-217 .— URL: https://rucont.ru/efd/449966 (дата обращения: 04.05.2024)

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Humanities & Social Sciences 1 (2016 9) 210-217 ~ ~ ~ УДК 162 Legal Qualifi cation as a Logical Method of Cognition Valerii N. Vlasenko* Russian Academy of Justice 69 Novocheremushkinskaya Str., Moscow, 117418, Russia Received 04.11.2015, received in revised form 10.12.2015, accepted 28.12.2015 The article examines in detail the logic basis of legal qualifi cation, the major stage of application of the law, the means of specifi cation of the provisions of the rule of law. <...> Two blocks of logic rules to be observed in the course of legal qualifi cation are analyzed: the organic laws of logic (identity, noncontradiction, the excluded middle, suffi cient reason) and the rules of construction of categorical syllogisms. <...> The author affi rms that careful research of logic forms of legal qualifi cation used in the course of application of the law, will promote development and implementation of logical programmes (algorithms) of qualifi cation in the work of law enforcement authorities, fi rst of all, for “typical cases” and, hence, will lead to automation of this process, realization of “The Electronic Judge” programme, which has already been introduced in some countries, mainly Latin and Central America. <...> Keywords: law enforcement, law (legal) qualifi cation, logic basis of legal qualifi cation, legal uncertainty, logical mode in the basis of qualifi cation, algorithm of qualifi cation, perfection of the decision-making process, effi ciency and promptness in justice, logical nature of law. <...> In the general theory of law, legal qualifi cation is considered as an intellectual activity with determination of conformity or nonconformity of the features of the actual real circumstances with the features of the legal fact abstractly outlined by the rule of law, as well as the result of this process1 and critical . <...> The main objective of legal qualifi cation is to determine the legal nature of a specifi c factual © Siberian Federal University. <...> All rights reserved * Corresponding author E-mail address: vlasenko84@rambler.ru # 210 # circumstance, i.e. whether the occurrence of legal consequences is connected herewith. <...> Analyzing the origin and destination of the actual circumstance, the law enforcer “considers the actions and behaviour of people using the rule of law” 2 and “defi nes a fact of reality as a legal phenomenon, which the subject of law should treat according to its <...>