Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2016 9 (1)

Authors

Vlasenko, Valerii N.

Contact information

Vlasenko, Valerii N.:Russian Academy of Justice 69 Novocheremushkinskaya Str., Moscow, 117418, Russia; E-mail:

Keywords

law enforcement; law (legal) qualification; logic basis of legal qualification; legal uncertainty; logical mode in the basis of qualification; algorithm of qualification; perfection of the decision-making process; efficiency and promptness in justice; logical nature of law

Abstract

The article examines in detail the logic basis of legal qualification, the major stage of application of the law, the means of specification of the provisions of the rule of law. Two blocks of logic rules to be observed in the course of legal qualification are analyzed: the organic laws of logic (identity, noncontradiction, the excluded middle, sufficient reason) and the rules of construction of categorical syllogisms. The author affirms that careful research of logic forms of legal qualification used in the course of application of the law, will promote development and implementation of logical programmes (algorithms) of qualification in the work of law enforcement authorities, first 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

Pages

210-217

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/20024

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).