THE PROBLEMS OF DEFINING PUBLIC ORDER AS A GENERIC OBJECT OF OFFENCE
Authors:
1.
Volgogradskaya akademiya MVD Rossii
2.
Volgogradskaya akademiya MVD Rossii
Type:
Article
Pages:
from 23
to 26
Status:
Published
Received:
06.06.2016
Accepted:
15.06.2016
Published:
25.06.2016
Language:
Russian
Keywords:
public order, protection of public order, law and order, the object of legal protection, violation of public order, legality, duties, rights, legitimate interests
Abstract (English):
The article provides analysis of current legal acts containing the term „public order“. The authors consider various approaches to defining the notion „public order“ in the field of science, formulate their definition of the notion „public order“ regarding it as an object of legal protection. Current legislation applies the construction „public order“ not fixing the content of this term. Meanwhile, rules of law establish legal liability if public order as a generic object of offence is violated. To define public order as a generic object of offence the authors offer to use the following definition: the state of social relations and the goal of their legal regulation simultaneously. Another problem which needs to be addressed so as to define public order is the proper choice of definition criteria. Law and order is an intermediate notion between public order in the broad sense and public order as an object of legal protection. On this basis the authors offer to define public order as an object of legal protection. Public order is a system of social relations protected from demonstratively displayed public actions which violate the given relations; their legal regulation guarantees and ensures performance of legal duties by each member of the society; it also guarantees and ensures feasible opportunities for each person to exercise his (or her) rights in the society and strive to pursue his (or her) legitimate interests.
The article provides analysis of current legal acts containing the term „public order“. The authors consider various approaches to defining the notion „public order“ in the field of science, formulate their definition of the notion „public order“ regarding it as an object of legal protection. Current legislation applies the construction „public order“ not fixing the content of this term. Meanwhile, rules of law establish legal liability if public order as a generic object of offence is violated. To define public order as a generic object of offence the authors offer to use the following definition: the state of social relations and the goal of their legal regulation simultaneously. Another problem which needs to be addressed so as to define public order is the proper choice of definition criteria. Law and order is an intermediate notion between public order in the broad sense and public order as an object of legal protection. On this basis the authors offer to define public order as an object of legal protection. Public order is a system of social relations protected from demonstratively displayed public actions which violate the given relations; their legal regulation guarantees and ensures performance of legal duties by each member of the society; it also guarantees and ensures feasible opportunities for each person to exercise his (or her) rights in the society and strive to pursue his (or her) legitimate interests.
Keywords:
public order, protection of public order, law and order, the object of legal protection, violation of public order, legality, duties, rights, legitimate interests
public order, protection of public order, law and order, the object of legal protection, violation of public order, legality, duties, rights, legitimate interests
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