Legal tasks are a mechanism for solving society’s problems by special methods, special techniques and means according to legislative rules in accordance with international standards. The plurality of questions has to be answered by lawyers in the service of the science of law, they help to connect the objective properties of law and the state. Legal tasks allow lawmaking to put into practice, to achieve the truth. The disclosure of incomprehensible moments, the achievement of the goal is available to an experienced professional, the skills in legal activity begin to accumulate from the educational process.
Professional concepts
Students of the subject department, studying jurisprudence, use legal tasks in their speech circulation. The training manuals set situations taken from examples of cases before the courts. At lectures or at home, they perform the task, make a decision on the described problem. If the incident may be fictitious, but the question raised is always real for the current lawyer in any field. The wording and typology of the legal tasks presented in the textbook are based on the legal approach, as well as on the analysis of problems that transmit a particular algorithm of this field of activity. They contain:
- presented goals, they need to be achieved;
- ways to do the work;
- a description of the conditions where the implementation occurs.
The goals and objectives of legal activity have boundaries. They cannot be fully achieved and be resolved by the mere thoughts of an inexperienced student. However, they provide an opportunity to present an algorithm of processes from frequently encountered cases in a consistent mental work. Any reflections suggest that knowledge in achieving the goals and objectives of legal practice provide input to a novice lawyer. He will be guided in the future by a real similar situation:
- ask himself questions in the course of the case under consideration;
- will make an intermediate conclusion;
- prepare the necessary materials;
- will receive the result in accordance with legislative standards.
Law enforcement practice depends on the behavioral nature of the defendants, but this should not affect security, stability.
The tasks of legal activity are created mainly in two situations:
- regulatory guidance has been received and some legal work is required;
- a specific problem has occurred.
The lawyer must ask himself questions in advance, and during work, seek answers so that they are not deviated from the law, from the red legal line, which is easy to cross and difficult to return.
Various criteria
The tasks of legal activity are united by the set goals in the form of:
- design, aimed at filling the gaps of existing laws;
- law enforcement - specify legal standards for a specific purpose;
- prognostic - provide an analysis of the risk of decisions made;
- providing resources to achieve the goal;
- organizing rational actions;
- legitimate - provide justification for fair and effective indicators.
Lawyers expose each group to solve the legal problems of classification in the law enforcement direction.
Important features of the system
Further reflection of the criteria allows an assessment of events. In these cases, the solution of legal problems is aimed at assessing:
- The actual composition of acts, qualify them according to legal regulation.
- Received information, conducting checks.
- Claims and objections in legal forms.
- The content and procedure of the actions taken.
- Reasons, their sufficiency to make a decision.
- Compliance of legal measures with legislative standards.
- Extended versions.
Tasks in legal practice can overlap with each other, using the same methods to solve them. Intellectual activity does not care about a strict classification of problems that have arisen; first of all, a specialist in this field determines which one can be really solved. Criminal, civil law and arbitration processes use a systematic grouping by common features to separate the legal issue from the facts, when the parties to the dispute with their specific requirements put forward a variety of arguments that have to be assessed.
Definition of legal significance
The concept of a legal task can be revealed by its meaning:
- Educational in nature, when students are given assignments in the course of law during the course, questions are given for the exam, or there is a need to write a written work.
- Scientific and methodological definition, where experts formulate, illustrate practical recommendations for lawyers.
- Tasks in legal law for making design and final decisions.
The semantic load of such a system lies in the reflection of the connecting links:
- conditions under which decisions are made, time limits;
- level of employment by subject;
- responsibility and competence of a specialist;
- result of work.
Practice from theoretical knowledge in jurisprudence is always significantly different. When solving problems, the legal service takes into account many arguments that are theoretically not mentioned anywhere in the writings.
Development procedure
Work in the studied areas consists of 2 stages. The first step is based on the application of methods, when the choice of the type of legal task depends on:
- from a problem situation;
- resources;
- organizational support, selected recommendations.
In the second direction, they use a specific standard methodology or develop a new one that is suitable for a specific question in order to obtain the necessary result. In this case, take into account the non-standard situation with individual characteristics. In the course of legal activity, goals and objectives are developed in a full and collapsed format. Integrity depends on the problems of new, non-standard, where it is necessary to consistently perform each procedure.
What does applied science reveal?
The subject and objectives of legal psychology are in the use of natural phenomena in conjunction with psychological knowledge in legal regulation. In this area, psychological factors are examined to increase efficiency in legal activities:
- creative;
- law enforcement;
- protective.
The subject discloses:
- mental phenomena;
- mechanisms;
- patterns of law.
The tasks of legal psychology help in ensuring:
- scientific synthesis in the field of psychological and legal education;
- psychological and legal essence in legal categories;
- behavioral understanding of their objects for lawyers;
- disclosure of the mental state of the subject in various cases;
- recommendations to improve the legal regulation of public life.
Psychology and jurisprudence constantly interact. The tasks of legal psychology are solved at three levels:
- apply the knowledge of a psychologist during examinations, involve specialists in civil or criminal processes;
- use psychological skills in personnel selection in law enforcement for psychological support;
- engaged in a separate branch of science from the combination of two fields of activity.
Such education includes general and social psychology based on methodology.
The process is carried out with a personal approach when studying:
- dynamics of offenses;
- subjective connection with the legal system;
- offender temperament;
- character;
- social affiliation;
- justice;
- legal awareness.
What is a system like?
The psychological main tasks of legal activity consist of general and special parts. The general section includes:
- items;
- system
- historical development of legal psychology;
- methodology of relations with other sciences;
- morale of lawyers.
A special department represents psychology:
- forensic examinations;
- victims;
- minors;
- criminal elements;
- investigative;
- judicial;
- forced labor;
- persons released from prison.
Characteristic features of each type of psychology:
- legal - effective creativity in the field of socialization with an understanding and awareness of laws;
- criminal - biological and social factors that contribute to the criminalization of the subject, understanding of criminals, committed unlawful acts.
Science gives the concept of conducting preliminary investigations on the personality of the inquiry officer, how he acts in the investigation, generates information, and appoints expert events.
Judicial activity is also subject to mentality and a peculiar way of thinking:
- proceedings are planned and prepared;
- carried out by certain methods;
- decisions are made on the perception of problems by judges.
Legal activity is influenced by psychology:
- lawyers;
- notaries;
- arbitration officials;
- prosecutors.
Assessment of behavior, scientific analysis - an important element in the general legal system.
Special professional activities
To perform tasks in any field of human activity, professional performers are needed. Jurisprudence also solves the problems of legal education. Specialists who work in this field, who require special training, work in this area. Lawyers carry out the volume of work, they create the conditions for the realization of the right by the execution, compliance, application of various actions with legal consequences.
This ancient profession has been formed since the creation of laws in the world to resolve difficulties:
- intellectual;
- temporary;
- emerging risks.
In a general concept, lawyers are called citizens who:
- have a special education;
- know the laws;
- know how to apply skills in practice.
Specialists communicate with different contingents, they can evaluate:
- human behavior;
- social phenomena;
- circumstances.
In their activities they are guided by legislative regulations. Lawyers play an important social role in protecting:
- interests of individual citizens and state;
- societies from criminal elements.
Professional principles are based on compliance with:
- justice;
- humanity;
- legality;
- law and order.
Only the rule of law can create the conditions for the implementation of legal standards.
Lawyers carry out official duties:
- judges;
- prosecutors;
- human rights defenders;
- investigators.
They are engaged in legal activities in state bodies in the following positions:
- advisers;
- referents;
- department heads;
- inspectors in tax and customs services.
Social status
Performing duties in a certain position, a concrete opinion is created in society about a person, a reputation that he has earned by his attitude to the rule of law and duties. Depending on the division, direction and purpose of the authorities, a lawyer may have a class rank and title.
The level of official position depends on:
- from competence;
- abilities;
- skills;
- places occupied with the system hierarchy.
The growth of a professional career is marked by a transfer to a higher position, accompanied by an increase in rank and rank: from an ordinary investigator up to the Prosecutor General or the Chairman of the RF Armed Forces. Professional reputation can exalt a specialist in a certain field of activity along the horizontal line:
- investigator as the best in the region;
- a lawyer famous throughout the country;
- legal adviser - an expert in the field of construction or economic efficiency.
There is also a flip side, when a good specialist cannot find a common language with the managerial structure, and receives penalties. Often the behavior of a lawyer is influenced by an informal position. A man meets with a criminal gang without fear, courageously participates in shootings, but gives in to a senior official because of career difficulties. As a result, an unofficial reputation is formed regarding positions, behavior and legislative requirements. Real professionals fulfill a humane mission in their service to society in ensuring organization, discipline, law and order.
The meaning of the term
The new legal encyclopedia, published in 1999, does not contain such a thing as “jurisprudence”. Much has been said about the synonym for this expression and the fulfillment of the tasks of legal science. Jurisprudence reveals the natural foundations, develops the state socially and functionally.
Modern science of law contains the following branches:
- constitutional;
- administrative
- civilians.
Jurisprudence as an applied science concretizes law-making processes, implements international and state regulation, and increases the efficiency for their use.
Analytical data, the study of problems lead to the result:
- the rule of law is being formed;
- democratic processes are developing;
- discipline is being strengthened;
- legislation is being improved;
- law enforcement system is improving;
- the causes of crime are being studied;
- offenses are investigated;
- preventive measures are being developed to reduce crime growth.
Achieving the goals of jurisprudence is carried out with the help of the main mechanism, its employees, performing their duty and duties with hard, responsible work with an interesting, diverse, highly intellectual character.
Justice functions
The main tasks of legal responsibility include functions that protect the existing system and public order. If we consider a specific offender, they achieve a narrow goal - the imposition of punishment for the guilty person. To do this, use penal or punitive measures.
They are reflected by the public reaction to the damage caused by the criminal. The representative of the company is the state executive branch. She punishes offenders by various methods, performing preventive and educational functions, since the sanctions themselves are not an end in themselves. They are aimed not at formal punishments, but at restoring disturbed social relations, carrying out compensatory activities.
Civil law is a vivid representative of such actions, expressed in damages. Responsibility is fulfilled by the protective state order inherent in the law and organizing regulatory measures protecting property and public order.
Working principles
In achieving the intended goal, implementation and ensuring tasks as a fundamental beginning - there is legal responsibility on such principles.
By law should be understood strict requirements and the exact implementation of legal principles. Employees of competent authorities may be punished by law and on the grounds. For this, there must be a violation in its entirety, including objective and subjective signs, enshrined in the act, which together prove the danger of the act. When all the facts are not confirmed, there will be no legal basis for punishment, no other reasons can affect the definition of sanction. According to the law, demands are made and violators are involved in penalties.
Reprimand is used in a single order. This means that a single sanction is imposed for one offense. The review of cases by a higher authority or the action of new circumstances, amnesties and pardons should not be included here. These cases indicate the abolition of previous verdicts, the adoption of new decisions.
The following principle is based on justice; it shows formal requirements:
- the detected misconduct does not yet prove criminal liability;
- penalties prescribed by law lack retroactive effect;
- damage of a reversible nature is compensated for by a secured liability;
- punish only the person who committed the wrongful act;
- measures apply to the severity of the misconduct.
During trials, circumstances aggravating and mitigating guilt are taken into account. Exceptions may arise during the investigation if the judge foresees the possibility of determining the verdict below the standards, he will make such a decision or even free him from conviction.
There is a principle of inevitability of retaliation when state coercion is imposed for a criminal act. Exemption from this, without legal justification, is impossible due to:
- social status;
- party affiliation;
- family ties.
Even immunity is removed from members of the Federal Assembly, deputies are convicted on good grounds. It happens that investigators cannot collect enough evidence, then the crime remains without retaliation, which is why:
- drop legislative authority;
- undermine the idea of the greatness of the law.
Confidence in the power of justice must be present in the public mind, this principle will reduce the level of crime.
Do not reject the presence of humanism in jurisprudence. The punishment should satisfy society and the victims, but not degrade the dignity of a person, even a dangerous maniac. Therefore, they are not given to the mercy of the crowd.
Everyone is responsible for his illegal actions personally, you can not blame and blame the blame on other people, this is the principle of personification. In fairness, the investigator and the court must individualize the sentence. The implementation of this principle is based on:
- comprehensive accounting of criminal elements;
- elucidation of the features of the committed acts;
- definitions of objective and subjective attributes.
It is possible to impose a penalty if guilt is proved, and the person is aware of the wrongfulness of the misconduct and causing adverse consequences. If there is no evidence, and the person does not plead guilty, he cannot be convicted. There are exceptions to the Civil Code when they are brought in for an unlawful fact. If the property owner has admitted increased danger with his building to others, he is obliged to compensate for the damage caused, for example, from the fire of faulty wiring. It is worth paying attention to the presumption of innocence. In this case, the citizen will be presumed innocent until law enforcement authorities prove the opposite. The subject himself is exempt from proof.
There are still principles of responsibility in the form of:
- inadmissibility of double recovery;
- feasibility taking into account various circumstances;
- mandatory validity of the circumstances of the case in an objective comprehensive and reasoned investigation.
The enforcement act should fix the legislative order for the type of crime with possible punitive measures.
Objectives of legal support
Similar functions are performed by company lawyers. They are required to develop a strategy for the legal department to:
- represent the legitimate interests of the organization;
- ensure the implementation of production plans using legal tools;
- increase economic financial performance;
- prepare local regulations.
The legal service is obliged:
- check documentation for compliance with laws;
- repeal or amend acts that violate applicable law;
- draw up collective and business agreements;
- take measures to eliminate debts;
- control quality and take into account the quantity of products;
- prepare documentation at the request of the investigating authority.
In small organizations, financial opportunities for organizing a separate legal service are not always available; in case of problems, external specialists are hired. This activity has its pros and cons. A full-time employee knows more about the activities of the company. But the attracted specialist has more extensive skills in resolving production problems, their services differ in cost. The companies usually have decent salaries, they have to pay every month.