Citations count: 26
Reference:
Bubnova T.G. —
To the question on demarcation of a crime according to the Article 191.1 of the Criminal Code of the Russian Federation from administrative offences
// Law and Politics.
– 2019. – ¹ 3.
– P. 33 - 39.
DOI: 10.7256/2454-0706.2019.3.28971 URL: https://en.nbpublish.com/library_read_article.php?id=28971
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Abstract:
The object of this research is the social relations with regards to criminal legal regulation of composition of crime stipulating liability for acquisition, storage, transportation, processing for the purpose of sale and sale of timber that is known to have illicit origin according to the Article 191.1 of the Criminal Code. The subject of this research covers the norms of the current Russian legislation establishing legal and administrative liability for illegal trade of timber, as well as norms of Russian legislation pertaining to other regulatory branches of law, and decrees of the President of the Russian Federation. The goal of this work lies in studying the details of the content of the Article 191.1 of the Criminal Code, and conducting comparative analysis of the norm of criminal law stipulating liability for acquisition, storage, transportation, processing for the purpose of sale and sale of timber that is known to have illicit origin, as well as the norms of administrative law that regulate similar situations. The research allowed determining the distinctive elements of the compositions, which in turn allows the law enforcer to properly qualify the acts and justly establish responsibility. The scientific novelty consists in the fact that the Article 191.1 of the Criminal Code of the Russian Federation is fairly new within the legislation, which is one of the key reasons for lack of scientific research and low effectiveness of practical implementation of this norm.
Citations count: 15
Reference:
Gorokhova S.S. —
Main tasks of state policy of the Russian Federation on ensuring sustainable growth of the real economic sector
// Law and Politics.
– 2018. – ¹ 10.
– P. 16 - 24.
DOI: 10.7256/2454-0706.2018.10.27164 URL: https://en.nbpublish.com/library_read_article.php?id=27164
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Abstract:
The subject of this research is the social relations affected in the process of state strategic planning in the area of ensuing economic security of the Russian Federation. The author particularly analyzes the separate tasks set by the Russian Federation Economic Security Strategy until 2030, in terms of implementation of one of the vectors of state policy with regards to ensuring economic security, namely, creating the circumstances for achieving sustainable growth of the real economic sector. Special attention is given to the current situation in the indicated sphere, as well as to the analysis of implementation of the previously adopted framework documents. The scientific novelty lies in the detailed substantive analysis of the tasks defined by the Russian Federation Economic Security Strategy until 2030, aimed at implementation of one of the vectors of state policy in the area of ensuring economic security – the creation of circumstances for achieving sustainable growth of the real economic sector, as well as the prospects of their realization.
Citations count: 4
Reference:
Gorokhova S.S. —
On certain aspects of ensuring security of critical information infrastructure of the Russian Federation
// Law and Politics.
– 2018. – ¹ 6.
– P. 27 - 36.
DOI: 10.7256/2454-0706.2018.6.26519 URL: https://en.nbpublish.com/library_read_article.php?id=26519
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Abstract:
The object of this research is the social relations established in the process of creation of the normative legal framework for formation and ensuring security of the critical information infrastructure of the Russian Federation, realized with the aim of achieving its sustainable functioning in terms of conducting computer attacks with regards to the critical information infrastructure of the Russian Federation. The subject of this research is the current statutory and delegated legislation that regulate social relations in the indicated area. Special attention is given to the analysis of certain regulations of the Federal Law of 07.26.2017 No. 187-FZ “On the security of Critical Information Infrastructure of the Russian Federation”, as well as the Decree of the Government of the Russian Federation of 02.08.2018 No. 127 “About Approval of Rules of Classification of the Objects of Critical Information Infrastructure of the Russian Federation, as well as the List of Criteria of Importance of the Objects of Critical Information Structure of the Russian Federation and their Meanings”. The scientific novelty consists in the legal-technical analysis of certain positions in legislation of the Russian Federation in the area of consolidation of approaches towards determining legal meaning of the category “critical information infrastructure”, as well as classification of the objects of critical information infrastructure of the Russian Federation. The author provides recommendations on improving the normative legal base in the examined area.
Citations count: 4
Reference:
Kolmykov I.P. —
Correlation of the right to personal privacy and the right to legal defense in the context of access to private information: search for balance of interests
// Law and Politics.
– 2020. – ¹ 5.
– P. 58 - 67.
DOI: 10.7256/2454-0706.2020.5.32675 URL: https://en.nbpublish.com/library_read_article.php?id=32675
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Abstract:
The subject of this research is the legislation of the Russian Federation on personal information and other legally protected secrets, civil procedural legislation, as well as law enforcement practice, including explanation of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in the area of protection of personal information and the process of access to personal information, as well as other legally protected information. The goal of this research is to determine the problem pertaining to access to personal information at the stage of assessment of validity of claims an individual intending to pursue litigation. The main conclusion of the conducted study consists in articulation of a problem associated with the ability to access personal information at the stage of assessment of validity of claims. The problem in question is not only relevant, which is confirmed by many instances in case law, but is also sparsely covered by researchers. This defines the scientific novelty of this paper, as well as dictated by objective complexity of the search for a solution to the problem in the context of balance of interests of counterpoising private parties: interests of an individual whose personal information is protected by law, and interests of an individual intending to gain access to this information for the purposes of pursuing litigation.
Citations count: 4
Reference:
Gabuev S. —
Peculiarities of regulation and problem of development of “electronic governance” in Russia
// Law and Politics.
– 2017. – ¹ 12.
– P. 49 - 61.
DOI: 10.7256/2454-0706.2017.12.24419 URL: https://en.nbpublish.com/library_read_article.php?id=24419
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Abstract:
The object of this research is the process of establishing and developing “electronic governance”, which carries an important political and socioeconomic significance for modern states. The subject of this research is the peculiarities of realization of the “e-governance” in Russia examined on the analysis of the regulatory policy of the state in this area and assessment of its results. Study of the content characteristics of the “e-governance” allowed determining the level of correspondence between the realistic indexes and goals declared by the government, as well as determining the problems and prospects of state policy in this regard. The main conclusions consist in the fact that the process of establishing “electronic governance” in Russia reflects both, global trends, as well as national specificity set by the institutional environment and priorities in national and foreign policy of the Russian Federation. This process requires centralized coordination of the normative and financial support, as well as fusion of these measures with transformations within the framework of administrational reform.
Citations count: 4
Reference:
Kosorukov A.A., Osipov V.S. —
The mechanisms of sociopolitical mobilization of youth on the example of Russian, Belarusian and Chinese Telegram channels
// Law and Politics.
– 2021. – ¹ 9.
– P. 176 - 196.
DOI: 10.7256/2454-0706.2021.9.36442 URL: https://en.nbpublish.com/library_read_article.php?id=36442
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Abstract:
The subject of this research is the online and offline mechanisms of sociopolitical mobilization of youth, namely digital grouping and formation of digital communities, as well as the opposition-mobilization model of information distribution developed by E. V. Brodovskaya and A. Y. Dombrovskaya. This model was tested on the open statistical databases provided by “Telegram Analytics” and “Google Trends”, which revealed the key patterns and differences in the protest events that unfolded in Moscow (July 14 – September 29, 2019), Minsk (August 9 – November 19, 2020), and Hong Kong (June 12, 2019 – July 1, 2020). The novelty of this research lies in the following: 1) application of the model of information distribution developed by E. V. Brodovskaya and A. Y. Dombrovskaya to the data array obtained by the author from the statistical database of “Telegram Analytics” and “Google Trends” regarding the protest events in Moscow, Minsk, and Hong Kong; compilation of weekly charts of the activity of protest Telegram channels and building histograms based on them, with visualization of their peak mentioning in other Telegram channels during the indicated periods. The author formulates recommendations on how to avoid the escalation of conflict during protest actions, taking into account mobilization mechanisms on the basis of Telegram channels.
Citations count: 4
Reference:
Bylinkina E.V. —
Blockchain: legal regulation and standardization
// Law and Politics.
– 2020. – ¹ 9.
– P. 143 - 155.
DOI: 10.7256/2454-0706.2020.9.33614 URL: https://en.nbpublish.com/library_read_article.php?id=33614
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Abstract:
This article analyzes the concept and essential properties of blockchain: decentralization, usage of cryptography, autonomy, presence of consensus mechanisms, anonymity and transparency of the chain of blocks. Alongside the advantages, the article describes the disadvantages of blockchain: high cost of development and implementation of blockchain-based solutions and their utilization (high energy requirements); low speed of data processing; potential unauthorized changes to the database; absence of confidentiality of blockchain users. The author considers the scientific views on the need for legal regulation of the blockchain. An overview is presented on the global achievements in the area of blockchain standardization, as well as key vectors of standardization: terminology, reference architecture, security and confidentiality, management, smart contracts. An original definition of blockchain that takes into account its essential properties is provided. Two spheres of regulation are distinguished: legal regulation of relations that apply blockchain, and regulation of the blockchain technology itself (terminology, ontology, taxonomy, reference architecture, management, etc.). The conclusion is made on invalidity of the proposals on the unified legal regulation of blockchain (for example, formation of the universal law on blockchain), implying different areas of implementation of this technology. The author justifies the need for standardization of blockchain, as well as describes the key advantages of such standardization. It is underlined that the standards would not substitute the specific legal regulation, but would ensure the conditions for creating the legal framework in accordance with the requirements of technological reality.
Citations count: 4
Reference:
Stepanova D.N. —
To the question of requirements towards the candidate for Children's Ombudsmen for the President of the Russian Federation
// Law and Politics.
– 2018. – ¹ 8.
– P. 61 - 67.
DOI: 10.7256/2454-0706.2018.8.27180 URL: https://en.nbpublish.com/library_read_article.php?id=27180
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Abstract:
The object of this research is the constitutional law status of the Children's ombudsmen for the President of the Russian Federation. The subject of this research is the requirements for the candidate for the position of Children’s Ombudsmen. The author conducts detailed analysis of the requirements for candidacy of Children’s Ombudsmen. Based on the analysis, the author comprises an average portrait of Children’s Ombudsmen that formed in the course of the work of the regional legislator. Special attention is paid to the requirements towards the candidacy for the position of Children’s Ombudsmen in foreign countries. The main conclusion of the conducted research consists in identifying the need to have legislative framework for the requirements towards the candidate for the position of Children’s Ombudsmen in the Russian Federation. The author’s contribution to this topic lies in the proposal of a number of criteria towards the candidate for the position of Children's Ombudsmen for the President of the Russian Federation.
Citations count: 3
Reference:
Bakharev D.V. —
The contribution of Franz Josef Gall to the development of criminal anthropology. Part II. In Search of the physiological origins of compulsive behavior
// Law and Politics.
– 2021. – ¹ 6.
– P. 152 - 163.
DOI: 10.7256/2454-0706.2021.6.33868 URL: https://en.nbpublish.com/library_read_article.php?id=33868
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Abstract:
This article is dedicated to the teachings of the Austrian medical scientist and naturalist Franz Josef Gall (1758-1828) on anthropology and human psychology. One of the key theses of Gall’s doctrine consists in the conclusion that the peculiarities of human anthropology and psychology manifest in various forms of social activity. According to Gall, the specificity of physiological processes in human body, peculiarities of personality development, and the intensity of external manifestation of personality traits are substantiated by the peculiarities of formation and subsequent development of separate parts and elements of the human brain. Developmental imbalances or existence of pathologies in the segment of the brain located above the ear canal of the human skull imparts a negative overtone on personality traits. In a worst-case scenario, this may lead to manifestation of such destructive qualities as a pathological lust for violence against animals and people, propensity for arson, and ultimately, homicide. Similar cerebral dysfunctions many have a significant impact upon sexual behavior of a person, and activate destructive qualities. The ideas of F. J. Gall on the influence of developmental imbalances or pathology of separate segments of the human brain upon the occurrence and manifestation of negative personality traits, are still used in modern research in the field of neurocriminology. Namely, the recent findings of American scientists, which are based on the methods of magnetic resonance and positron emission tomography, reveal substantial differences in the structure and functionality of separate segments of the brain of persons who committed murder or convicted of less grave offences.
Citations count: 3
Reference:
Belikova K.M. —
Bioprinting and culture of tissues and organs in the BRICS countries (on the example of Brazil, India, China, and South Africa): approaches of legislation on intellectual property
// Law and Politics.
– 2020. – ¹ 5.
– P. 35 - 57.
DOI: 10.7256/2454-0706.2020.5.32826 URL: https://en.nbpublish.com/library_read_article.php?id=32826
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Abstract:
This article examines the legal regulation of bioprinting (3D printing) and culture of tissues and organs in the BRICS countries through the prism of protection of intellectual property. The work demonstrates the means of protection of results acquired at each stage of bioprinting by the norms of copyright and patent law, as well as touches on the questions of the need (possibility) for patenting of “bioprinters”, “bioinks”, “biopapers”, etc. The goal of this research is to determine the necessary and possible boundaries for patenting (copyright law protection) of the means, products, processes and their moral-ethical acceptance in the society. The novelty of this work consists in a comprehensive analysis of the approaches of BRICS countries towards development, legal formalization and protection of bioprinting and culture of tissues and organs as medical and non-medical technologies from the perspective of intellectual property law. The author attempts to answer the question of (non)patentability of the process (means) and result (product) of bioprinting of tissues and organs, the “bioprinters” themselves, as well as the “bioinks” and “biopapers” they use. With regards to (non)patentability of tissues and organs acquired through 3D printing, a conclusion is made that there is an unfavorable environment for their patenting, though their production, in the author’s opinion, should the right to patenting providing that they meet the criteria (other conditions) set by patenting law of a particular country.
Citations count: 3
Reference:
Zhevnyak O.V. —
Anti-competitive practices of digital platforms and response measures in the Russian and foreign legislation
// Law and Politics.
– 2021. – ¹ 5.
– P. 14 - 41.
DOI: 10.7256/2454-0706.2021.5.33888 URL: https://en.nbpublish.com/library_read_article.php?id=33888
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Abstract:
The goal of this research is to determine whether the Russian legislation on protection of competition contains the norms that allow preventing anti-competitive practices of digital platforms, and whether it is necessary to make corresponding amendments. The subject of this research is the anti-competitive practice of digital platforms, response measures of the state, antimonopoly legislation, and recommendations on its improvement. The research methodology is based on the analysis of relevant examples of anti-competitive behavior of digital platforms on the Russian and foreign markets, and qualification of such behavior from the perspective of Russian legislation. In the course of this research, the author solves the issue on the sufficiency of legal material for conducting qualification of such behavior; describes the response measures taken by the competent government authorities of various countries, as well as the measures proposed by the researchers. As a result, the author systematizes the data regarding the antimonopoly practice of digital platforms depending on the type of violations. All examples of antimonopoly practices can be qualified as anti-competitive in accordance with the effective legislation of the Russian Federation. If they are not listed as particular violations, then fall under the general categories of acts prohibited by law, considering the non-exhaustive nature of such lists. Misuse of “the platform authority” by the digital platform, reflected in the fact that it utilizes the transaction and customer data, should be qualified as unfair competition. For preventing the anti-competitive practices of digital platforms, it is proposed to develop the system of measures aimed at minimization of risks of the clash of interests and elimination of its consequences: ban of the owner of the digital platform for joint activity of his activity with the activity conducted the clients of the platform; restrict participation of the owner of the platform in companies that conduct types of activity that compete with the clients; disclosure of information on their affiliates engaged in the activity similar to such of the clients of the platform; introduction of the criteria for such affiliation, along with the obligation to compensate for the losses of clients inflicted by the clash of interest.
Citations count: 3
Reference:
Popova S.M. —
Digitalization of the migration sphere in the Russian Federation: state and prospects
// Law and Politics.
– 2021. – ¹ 9.
– P. 118 - 132.
DOI: 10.7256/2454-0706.2021.9.36488 URL: https://en.nbpublish.com/library_read_article.php?id=36488
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Abstract:
This article is dedicated to the analysis of the current state of digitalization of the migration sphere in the Russian Federation. It is demonstrated that the implementation of modern digital technologies, as well as information technology tools into the mechanisms of migration governance (in a broader sense, digital transformation of the system of relations between migrants and accepting country) is objectively inevitable in the context of global digital transition and growing role of the migration factor for the economy. The goal of this research is to determine the political-legal factors and problems that impact digital transition in the migration sphere of the Russian Federation. For achieving the set tasks, the article employs general scientific methods and approaches, including comparative methods. The author provides a brief overview of coevolution of the migration situation and migration regulation in the Russian Federation for the period 2012–2021. It is noted that the goals, tasks and instruments of migration governance change along with the transformation of perception of the importance of migration factor for the Russian Federation and its role in solution of economic development objective. Based on the parallel consideration of political-legal decisions and practices of digitalization of the migration sphere, the author summarizes the current results and challenges. It is indicated that the project approach and advanced legal regulation contribute to the digital reforms in the migration sphere; however, in practice we can observe deceleration of the pace of reforms due to lack of coherence in actions and conceptual approaches. The key reason is that the basic acts that regulate modernization of the migration sphere in the Russian Federation are not the strategic planning documents.
Citations count: 3
Reference:
Sergeev A. —
Modern determinants of domestic policy of the Russian Federation on formation of physical culture of the students
// Law and Politics.
– 2018. – ¹ 3.
– P. 14 - 21.
DOI: 10.7256/2454-0706.2018.3.25741 URL: https://en.nbpublish.com/library_read_article.php?id=25741
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Abstract:
The subject of this research is the modern normative legal base that institutionalizes physical culture in higher educational facilities of the Russian Federation. The object of this research is the domestic policy of Russia on formation of physical culture of the students. The author examines the key grounds and sources of the indicated domestic policy, indexes and indicators of its efficient implementation. The center of attention is the incorporation of the given component of domestic policy in such spheres as: education, physical culture and sport, youth policy, socioeconomic development, and national security of the country. The presented conclusions were acquired through application of the method of content analysis, comparison, and synthesis of the existing legislation. The author detects the presence of prominent domestic policy on formation of physical culture of the students in modern Russia, underlines its high relevance, as well as provides comprehensive characteristic, considering the profound interdisciplinary connections. The author’s substantiates a thesis that the efficiency of implementation of domestic policy of the Russian Federation on formation of physical culture of the students depends on the quality of normative legal regulation of the physical education processes within the higher educational facilities of the Russian Federation.
Citations count: 3
Reference:
Trofimov E.V., Metsker O.G. —
Methodology for qualitative assessment of optimization of legislation and law enforcement practice based on big data analysis of the cases on administrative offences
// Law and Politics.
– 2020. – ¹ 10.
– P. 10 - 26.
DOI: 10.7256/2454-0706.2020.10.34250 URL: https://en.nbpublish.com/library_read_article.php?id=34250
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Abstract:
The subject of this research is the interdisciplinary legal and computer research tools and methods. The authors substantiate the interdisciplinary (legal-computational) methodology for automated analysis and assessment of qualitative changes in legislation and law enforcement practice. Interim results of the research project that are of methodological nature and cover methodological paradigm, principles, means and methods of scientific research are provided. The formulated conclusions represent a summary of heuristic search and computational experiments carried out in the domain field of administrative tort law, as well as comprehension of the process and results of research from both, legal and computer perspectives. Explanation is given to the interdisciplinary paradigm in the indicated methodological area. Leaning on the empirical evidence and observations, the author formulates the three research principles: principle of heterogeneity of domain, principle of discreteness of legal practice, and principle of identity of the model. As the key research tools, the author substantiates and tests in computational experiments the scientific information-analytical system, mathematical and social indicators have been developed, justified and tested in computational experiments. Computer methods (knowledge modeling, natural language processing, machine learning) that ensure automation of identification and usage of indicators mate with the dogmatic method, systemic analysis and expert assessment responsible for legal interpretation of computations. The legal and computer tools are determined for identification and usage of the principal indicators. In conclusion, the author outlines a number of problems and restrictions determined in the course of the conducted research.
Citations count: 3
Reference:
Chuklina E. —
Case law on criminal cases in accordance with Article 205.1 and 205.2 of the Criminal Code of the Russian Federation (on materials of the Southern District Military Court)
// Law and Politics.
– 2019. – ¹ 12.
– P. 82 - 93.
DOI: 10.7256/2454-0706.2019.12.31628.2 URL: https://en.nbpublish.com/library_read_article.php?id=31628
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Abstract:
The subject of this research is the specificity of the case law on criminal cases on involvement in terrorist activity, public calls to action of terrorist activity and propaganda of terrorism. The choice for the subject is justified by the unfolding discussion in the scientific community regarding the reasonableness of introduction of these norms. Analysis of the rulings allows establishing the following parameters, characterizing the current case law on crimes in accordance with Article 205.1 and 205.2 of the Criminal Code of the Russian Federation (CCRF): socio-demographic characteristics of the convict, prior charges, nature of crime, multiple counts, and sentence. Establishing these parameters can in turn be used to determine the existing problems of qualification of the studied crimes and development of solutions. The main conclusions of the conducted research consists in confirmation of the reasonableness of introduction into the Special Part of the CCRF of norms established by the Article 205.1 and 205.2 of the CCRF, since this legislative solution filled the previously existing gap in the part of arraignment for fruitless involvement and commission of crimes of terrorist nature, as well as material support of terrorist organizations.
Citations count: 3
Reference:
Topilina T. —
Right of access to justice as a principle of criminal process
// Law and Politics.
– 2020. – ¹ 4.
– P. 49 - 58.
DOI: 10.7256/2454-0706.2020.4.32196 URL: https://en.nbpublish.com/library_read_article.php?id=32196
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Abstract:
This article analyzes the controversial issues of attributing the right of access to justice to the principles of criminal process. The author meticulously examines the origin of the right of access to justice in the Article 52 of the Constitution of the Russian Federation. The subject of this research is the norms of Russian and foreign legislation regulating the right of access to justice in criminal process. The object is the legal relations emerging in implementation of the right of access to justice. The article explores regulation of the right of access to justice in legislation of the Russian Federation and CIS member-states. It is demonstrated that the right of access to justice possesses certain characteristics that allow attributing it to the principles of criminal process: it represents an objective legal category that reflects the dominant in society political, legal and ethical ideas, and is most common legal provision in relation to other norms of law. A conclusion is substantiated that absence of the right of access to justice in criminal procedural legislation is a unique case of a gap in the principle of law.
Citations count: 3
Reference:
Yarovenko V.V., Korchagin A.G. —
Evolution of the Russian criminal policy: criminal act, administrative prejudice, problems of incentive norms
// Law and Politics.
– 2018. – ¹ 6.
– P. 37 - 49.
DOI: 10.7256/2454-0706.2018.6.26482 URL: https://en.nbpublish.com/library_read_article.php?id=26482
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Abstract:
The subject of this research is the problems of the Russian criminal policy, considering the correlation between the criminal law and the administrative legal relations. Attention is turned to the fact that the idea on criminal act would have been attractive if the Code of the Russian Federation on Administrative Offenses excludes all constituent elements that in its legal nature are not referred to administrative offences, but for some reason or other cannot be designated as crimes, although gravitate towards them. The majority of them is considered by courts as criminal acts. Based on the conducted analysis, the authors underline the need for revising the procedural norms that establish the patterns on criminal offences in the sphere of economics and preventative activity by integrating them into a single criminal-procedural form so that it does not doubt the fairness of grounds for exempting the criminal responsibility in the sphere of economic activity.
Citations count: 2
Reference:
Kasyanov R.A., Golovanov A.S. —
International monitoring of elections. Practice of OSCE and Council of Europe
// Law and Politics.
– 2018. – ¹ 3.
– P. 22 - 31.
DOI: 10.7256/2454-0706.2018.3.25795 URL: https://en.nbpublish.com/library_read_article.php?id=25795
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Abstract:
This article is dedicated to the problem that is especially relevant for Russia at the moment. In March of 2018, presidential elections will be held in Russia, and in September – the direct elections of the heads of 17 subjects of Federation, including Moscow mayoral election. In the conditions of aggravation of relations with the West, the results of elections will compel special attention of foreign observers, including possible doubts in legitimacy of decision made by Russians. International monitoring at the elections allows forming a clear idea on the elections. The goal of this article is to reveal the importance of international monitoring of national election. The author also solves other tasks associated with revelation of historical facts, development of the institution of international monitoring of elections; as well as demonstrates the role and specificity of the works of OSCE and Council of Europe. The article examines a number of aspects that have not been previously discussed in the works of Russian authors. It is noted that the international monitoring has become a traditional form of control over the elections held at the various levels. The author makes generalizing conclusions and provides recommendations that can be considered in future organization of the national, regional, and local elections.
Citations count: 2
Reference:
Karimov V.K. —
Relevant questions of execution of punishments not related to isolation of convicts from society
// Law and Politics.
– 2019. – ¹ 4.
– P. 20 - 27.
DOI: 10.7256/2454-0706.2019.4.29117 URL: https://en.nbpublish.com/library_read_article.php?id=29117
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Abstract:
The object of this research is the social relations in the area of execution of criminal sentences not related to isolation of prisoners from society. The subject of this research is the norms of criminal and penal law regulating the types of criminal sentences and procedure of serving them. Attention is turned to the fact that the current system does not fully resolve the goals of the correction of convicts, prevention of commission of new crimes by them, as well as restoration of social justice. It is necessary to make the system more logical, eliminate duplication of separate types of punishments, and improve their organization and execution. The scientific novelty of this study consists in determination of the problems in the legal regulation and law enforcement practice in execution of punishments unrelated to isolation of inmates from society. The research particularly reveals duplication of types of punishments with regards to incarceration and irrationality of their structure within the system of punishment depending on the punitive effect. The author proposes making an accent on the execution of punishment in form of fines and mandatory community service as the main types, and incarceration as an additional form of punishment.
Citations count: 2
Reference:
Slyshalov I. —
Special circumstances in the activity of internal affairs bodies: approaches towards understanding
// Law and Politics.
– 2019. – ¹ 5.
– P. 33 - 40.
DOI: 10.7256/2454-0706.2019.5.29505 URL: https://en.nbpublish.com/library_read_article.php?id=29505
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Abstract:
The subject of this research is the content of the concept of “special circumstances” in the activity of internal affairs bodies. The author carefully examines the various definitions of the term “special circumstances”, as well as proposes the original approaches towards its comprehension. Within the framework of meaningful approach for understanding special circumstances as an objective characteristics of the activity of internal affairs bodies, the article suggests the term “special circumstance of the activity” and its definition in the broad (non-normative) and narrow (normative) sense. In the context of procedural approach, characterized by understanding special circumstances as a special institutional regime of the activity of internal affairs bodies, the author proposes the term “regime of special conditions” and formulates its definition. The scientific novelty consists in clarification of the conceptual and categorical framework in the area of law enforcement activity. The research results carry theoretical-applied character and may be used by the authorized subjects in development of the regulatory acts, as well as further research on the topic.
Citations count: 2
Reference:
Ostrovskii O.A. —
Algorithm of measures on analyzing the situation in suspicion of cybercrime with consideration of the specifics of the sources of the information data
// Law and Politics.
– 2018. – ¹ 10.
– P. 32 - 37.
DOI: 10.7256/2454-0706.2018.10.22879 URL: https://en.nbpublish.com/library_read_article.php?id=22879
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Abstract:
This article presents the classification of computer information that identifies the means of how it was obtained, provides an algorithm for measure in investigating crimes in the area of cyberspace, as well as proposes the category of information traces of possible cybercrimes. The author carefully examines such aspects as use of information traces and conducts research on analysis of cybercrime investigation. The object of this research is cybercrime reflected in information traces, as well as tactical and technical actions aimed at discovery, storage and confiscation of information traces. The subject of this research is the regularities of crime that produces information traces, as well as regularities in the law enforcement activity in detecting, recording and using such traces in criminal investigation. Identification and analysis of cybercrimes is a difficult task in practice due to widening spectrum of crimes committed in cyberspace and constant development of means of storing and transferring information. Its solution requires not only special tactics in investigation and organizational measures, but also special knowledge in the area of computer technology. In this work, the author offers a structural schematic for the necessary measure for analysis in suspicion of cybercrime, as well as the sources of this information.
Citations count: 2
Reference:
Shatilov S.P. —
Organizational legal foundations of the work of law enforcements in the fight against child homelessness and neglect during the Great Patriotic War
// Law and Politics.
– 2017. – ¹ 7.
– P. 75 - 84.
DOI: 10.7256/2454-0706.2017.7.18325 URL: https://en.nbpublish.com/library_read_article.php?id=18325
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Abstract:
The subject of this research is the normative legal acts that regulate the work of the law enforcement agencies on the fight against child neglect during the Great Patriotic War. The object of this research is the public relations emerging as a result of work of the law enforcement agencies on this matter. The author meticulously reviews the causes of neglect, as well as gives special attention to the key directions of activity of the department on the fights against child neglect and homelessness, as well as children correctional facilities. The scientific novelty consists in the fact that for the first time in Russian jurisprudence, the author attempts a comprehensive analysis of the normative consolidation of the work of law enforcements aimed at fight against child neglect and homelessness during the Great Patriotic War. Conclusion is made that under the circumstances of the newly started war, the problem of child neglect becomes sizable; however, the established system of law enforcement agencies aimed at fighting child neglect and homelessness provided an efficient execution of the delegated functions. The archive materials testify to the fact that the law enforcements successfully fought the mass homelessness and neglect.
Citations count: 2
Reference:
Shakhbazian S.V. —
Humanization and liberalization of the criminal legislation of the Russian Federation
// Law and Politics.
– 2017. – ¹ 3.
– P. 96 - 102.
DOI: 10.7256/2454-0706.2017.3.21370 URL: https://en.nbpublish.com/library_read_article.php?id=21370
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Abstract:
This article examines the provisions of the Federal Law N 323-FZ " On amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation concerning the grounds and procedure of exemption from criminal liability " in terms of amending the Criminal Code of the Russian Federation regarding the decriminalization of battery and failure to pay alimony or child support, establishment of criminal liability for minor larceny (Article 158.1), as well as introduction of such ground for exemption from the criminal responsibility as release from criminal responsibility with the court fine (Article 76.2). The scientific novelty consists in comprehensive study of the provisions of the new federal law in part of making amendments into the Criminal Code. Analyzing the new law, the author focuses attention on its positive, as well as negative aspects, as well as expresses a number of remarks pertaining to further improvement of the criminal legislation.
Citations count: 2
Reference:
Bogdan V.V. —
Public interest law and the concept of dividing the law to private and public: the formulation of the problem
// Law and Politics.
– 2017. – ¹ 7.
– P. 110 - 117.
DOI: 10.7256/2454-0706.2017.7.22966 URL: https://en.nbpublish.com/library_read_article.php?id=22966
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Abstract:
In this study, the author considers a new phenomenon in the Russian legal order - the public interest law. The theoretical preconditions for the formation of the concept of the law of public interest through the prism of the convergence of private and public law are analyzed, and certain norms of civil legislation concerning the protection of public interest are given. In the course of the research, the author comes to the conclusion that the effectiveness of solving the problem of defining the public interest law should be determined by the necessity of its objective existence as such. It should be kept in mind that, on the one hand, it is necessary to create conditions for a uniform understanding of the category of "public interest", excluding its broad interpretation for the benefit of private or public law, on the other - establishing criteria, methods and mechanisms for implementing and protecting public interest by using norms of both, private law and public law. In addition, the author concludes that the concept of public interest law in its Americanized perception cannot be fully accepted in the Russian legal field, since it significantly impoverishes the idea of protecting public interest in general.
Citations count: 2
Reference:
Perzh F.E. —
Personified images of the modern Russian state in mass political consciousness
// Law and Politics.
– 2017. – ¹ 11.
– P. 29 - 34.
DOI: 10.7256/2454-0706.2017.11.24484 URL: https://en.nbpublish.com/library_read_article.php?id=24484
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Abstract:
The subject of this research is the verbal utterances of respondents regarding the modern Russian state examined through the quantitative method of analysis. The object of this research is the personified images of the Russian state establishing within the mass political consciousness of the citizens. The author examines the content and specificity of images of the state that form not only at the rational level of perception, but also unconscious, affected by the emotional attitude towards the problematic of the research. The images, described in accordance with the results of analysis, reflect the general representations of respondents about the modern state, its structure, specificity, and relationship with the society. The work is based on the method of incomplete sentences that allows acquiring information about an object, which forms on the rational and unconscious level of political perception. The scientific novelty, first and foremost, consists in the results of the conducted research that determines and describes the personified images of the modern Russian state establishing within the mass political consciousness. The results of analysis can be valuable in the area of political-psychological, political, legal, and sociological science.
Citations count: 2
Reference:
Koryagin P.A. —
Evaluation of the efficiency of the subject of public control in the Russian Federation
// Law and Politics.
– 2017. – ¹ 6.
– P. 24 - 30.
DOI: 10.7256/2454-0706.2017.6.23074 URL: https://en.nbpublish.com/library_read_article.php?id=23074
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Abstract:
The study of the problems of the implementation of public control practices involves the formation of new challenges and approaches that meet the requirements of modern political time. The operationalization of many components related to the analysis of the infrastructure of public control – its object and subject institutions, mutual capabilities, authorities, areas of responsibility, interaction areas, and components related to the evaluation of control results – is the key challenge for the modern researcher. The subject of this article is the construction of a model for assessing the efficiency of the subject of public control in the modern Russian Federation. As a methodology for the development of a model for assessing the efficiency of public control, the method of construct interpretation is used. This is manifested in the use of the methodology for assessing the efficiency of the activity of a particular research object (in the context of the subject matter – the subject of social control) from economic theory and management theory, where the approach towards evaluation of efficiency through the ratio of the result to the resources is traditionally used as a basis. As a key methodology for analyzing the activities of subjects of public control and their respective ranking, comparative analysis is used. The use of the proposed model will allow operationalizing the infrastructure of public control to assess the efficiency of the control subject, and draw conclusions about the components in which, based on the relevant measurements, it is worthwhile to make regulatory modernization or reorganization in the activity of the subject of public control at all levels of its work in the processes of institutionalization of public control in the modern Russian Federation.
Citations count: 2
Reference:
Kolomeitseva N.A., Kochubei O.I. —
BRICS: institutional potential of Russian in implementation of the Asia-Pacific political vector
// Law and Politics.
– 2018. – ¹ 3.
– P. 32 - 38.
DOI: 10.7256/2454-0706.2018.3.25817 URL: https://en.nbpublish.com/library_read_article.php?id=25817
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Abstract:
The object of this research is the activation of the Asia-Pacific political vector of Russia. The East development plan declared by the President in 2013 alongside the foreign policy turn of the Russian Federation towards the East due to the current crises of the system of international relations, created the additional prerequisites for close integration of the Russian Federation and its Far Eastern subjects with the Pacific Rim countries. The authors assume that the activity of the Russian Federation within the framework of the international institution of BRICS, which membership Russia has for over a decade, falls within the concept of modern eastern policy of Russia. For revealing the institutional potential of Russia for realization of its “eastern” political vector through BRICS, the authors analyze the participation of Russia in the integration processes in the East, as well as the interests of the key players of the “five”. The scientific novelty lies in application of the complementarity approach of BRICS mechanism and pursuance of its leading actors, including Russian Federation, towards realization of the “eastern” foreign policy vector. The researchers believe that in the conditions of global tension, the institutional potential of BRICS will encourage Russia’s integration into the Pacific Rim.
Citations count: 2
Reference:
Gorokhova S.S. —
The development of human potential as one of the tasks of Russian State Policy with regards to ensuring economic security
// Law and Politics.
– 2019. – ¹ 3.
– P. 62 - 74.
DOI: 10.7256/2454-0706.2019.3.29054 URL: https://en.nbpublish.com/library_read_article.php?id=29054
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Abstract:
The object of this research is the social relations established in the process of realization of the government strategic goals, aimed at the development of human potential and ensuring economic security of the Russian Federation. The subject of this research is the separate provisions of the Strategy of Economic Security of the Russian Federation until 2030, approved by the Presidential Decree No. 208 of May 13, 2017, with regards to determination of objectives of state policy aimed at the development of human potential for the purpose of ensuring economic security. The author covers a wide range of regulatory legal acts concerning the implementation of the aforementioned strategic goals. The novelty is defined by insufficiency within the modern scientific literature of the works dedicated to comprehensive analysis of the state policy objectives aimed at the development of human potential, established by the Strategy of Economic Security of the Russian Federation until 2030, as well as the absence of studies on the process of their implementation. Based on the conducted research, the author concludes on the strong results achieved in realization of the addressed objectives. At the same time, the author notes certain difficulties related to reduction of poverty and income inequality of population. Emphasis is made on the insufficient attention paid to healthcare and cultural environment as the factors influencing the development of human potential.
Citations count: 2
Reference:
Trofimov E.V., Metsker O.G. —
Law and artificial intelligence: the experience of computational methodology for analyzing and assessing quantitative changes in legislation and law enforcement practice (on the example of the Article 20.4 of the Code of the Russian Federation on Administrative Offenses)
// Law and Politics.
– 2019. – ¹ 8.
– P. 1 - 17.
DOI: 10.7256/2454-0706.2019.8.30306 URL: https://en.nbpublish.com/library_read_article.php?id=30306
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Abstract:
The subject of this research is the changes that took place in law enforcement practice due to introduction in 2011 of the new revision of the Article 20.4 “On Violation of Fire Prevention Rules” of the Code of the Russian Federation on Administrative Offenses. The article presents the results of computational experiment conducted for the purpose of development and testing of high-performance software based on the intellectual analysis and computer-assisted learning that improves understanding of the new legal phenomena and processes associated with the impact of legislation upon law enforcement practice. For solving the research objective. For solving the research problem, the author uses the data of the State Information System “Justice” related to 56,500 orders on imposition of administrative punishment in accordance with the Article 20.4 of the Code of the Russian Federation on Administrative Offenses for the period of 2010-2017. The author extracts and factorizes the necessary data; JSON data was converted using the algorithm in MapReduce paradigm for the models of factorization and learning. As a result of computer-assisted learning, was obtained the “tree of decisions”. On the “tree of decisions” it is demonstrated that middle of 2011 marks qualitative improvement in judicial practice, which became more uniform and logical; as well as in the context of imposing administrative punishment, the court started using standard circumstances of the case. The more efficient revision of the Article 20.4 of the Code of the Russian Federation on Administrative Offenses allowed in a midterm period to enhance the rule of law in the area of satisfying formalized requirements to ensuring fire safety, by reducing the number of cases from 2012 to 2017 by more than 10 times. The author empirically substantiates the working version of the method of analysis and assessment of qualitative changes in legislation and law enforcement practice based on the computer-assisted learning technique in form of “tree of decisions”.
Citations count: 2
Reference:
Bol'shakova V.M. —
Genesis of establishment and development of the judicial system of the Russian Federation in the late XX – early XXI centuries: institutional and normative characteristics
// Law and Politics.
– 2021. – ¹ 3.
– P. 26 - 36.
DOI: 10.7256/2454-0706.2021.3.35190 URL: https://en.nbpublish.com/library_read_article.php?id=35190
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Abstract:
The subject of this research is the evolution of the structure of judicial system of the Russian Federation in the late XX – early XXI centuries. Description is given to the changes undergone by the Russian judicial system after dissolution of the Soviet Union. The author follows the dynamics of the normative legal changes that regulate judicial proceedings, as well as reveals the institutional framework of the modern structure of judicial system of the Russian Federation. The article illustrates the institutional and normative changes within the structure of judicial system of the Russian Federation in the late XX – early XXI centuries based on application of the comparative-legal and systemic methods of research. The novelty and the main conclusions lie in the following: it is established that the Russian Federation has issued the normative legal acts that contribute to the strengthening and unification of the Russian judicial system, uniformity of social guarantees and compensations set for judges. Currently, the judicial system of the Russian Federation is founded on the principle of combining administrative-territorial and district organization. It is determined that the judicial system of the Russian Federation consists of 1) the Constitutional Court of the Russian Federation; 2) the Supreme Court of the Russian Federation; 3) federal courts of general jurisdiction; 4) arbitration courts; 5) magistrates’ courts of the constituent entities of the Russian Federation. It is noted that since January 1, 2023, the Constitutional (statutory) courts of the constituent entities of the Russian Federation will be abolished.
Citations count: 2
Reference:
Osipov M.Y. —
Economic analysis of law: failures, opportunities, and limitations
// Law and Politics.
– 2017. – ¹ 6.
– P. 12 - 23.
DOI: 10.7256/2454-0706.2017.6.22716 URL: https://en.nbpublish.com/library_read_article.php?id=22716
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Abstract:
The subject of this research is the economic analysis of law, its place and role within the system of methods of juridical science. The author examines various situations existing in legal reality for determination of the potential failures, opportunities, and limitations in implementation of the method of economic analysis of law in juridical science. Particular attention is given to such aspects of the topic as the failures of economic analysis of law and its limitations. Thus, the goal of this work lies in demonstration of the failures, opportunities, and limitation of the economic analysis of law. The scientific novelty consists in determination of the failures and limitations in application of the economic analysis of law, as well as giving definition to the failures and limitations of economic analysis of law. The work also demonstrated that the implementation of economic analysis of law cannot be realized independently from other methods of juridical science, due to the fact that its application “alone” can lead to disregard of such crucial principles of law, as the principle of good faith, principle of justice, principle of humanism, etc.
Citations count: 2
Reference:
Veshkurtseva Z. —
Determination of the “circumstances worthy of attention” in application of the Articles 151 and 1101 of the Civil Code of the Russian Federation: additional principles and criteria
// Law and Politics.
– 2017. – ¹ 11.
– P. 35 - 44.
DOI: 10.7256/2454-0706.2017.11.24715 URL: https://en.nbpublish.com/library_read_article.php?id=24715
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Abstract:
The subject of this research is the topical issues of determination of the order and size of compensation for moral damage. The goal of this article consists in improving protection of the intangible benefits and personal non-property rights. The author formulates a set of measures that allow solving the issues identified in the course of the research. Particularly, in determining the order and measure of compensation for moral damage for violating the intangible benefits and personal non-property rights, the author suggests to rely upon the developed principles, additional criteria and rules. For reducing the number of violations in the information sphere, it is necessary to introduce a separate type of responsibility – the unified compensation for violating the intangible benefits and personal non-property rights (besides the compensation for moral damage). Compensation for moral damage should be divided into the two subtypes: main and qualified. The article also offers the methodology of identification and documentation of the individual peculiarities of a person and other circumstances worthy of attention in establishing the size of compensation for moral damage, as well as other suggestions of theoretical nature and practical measures. The scientific novelty of this study lies in the fact that the formulated suggestions allow revealing the content of the “circumstances worthy of attention”, solve the problem of objectification of determining the size of compensation for moral damage, as well as help minimizing the negative impact of subjectivity of the judicial discretion. The conclusions can be used for improving the conceptual apparatus and legal norm, practical application in court disputes associated with protection of the intangible benefits and personal non-property rights.
Citations count: 2
Reference:
Belikova K.M. —
The development of artificial intelligence in Brazil: emphasis on the military sphere and the questions of intellectual property
// Law and Politics.
– 2021. – ¹ 10.
– P. 1 - 21.
DOI: 10.7256/2454-0706.2021.10.36096 URL: https://en.nbpublish.com/library_read_article.php?id=36096
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Abstract:
The subject of this research is the development of artificial intelligence in Brazil based on the recently adopted act “National Strategy for the Development of Artificial Intelligence” of April 2021 with an emphasis on the military sphere through the prism of legislative provisions on intellectual property, potential and needs of the country, as well as real joint projects with its foreign partner Israel in the sphere of procurement and engineering of unmanned aerial vehicles (Harpia, Elbit Hermes 900 and 450, IAI Heron). The relevance of this article is substantiated by timely consideration of the legal perspective of the approaches of Brazil towards the implementation of artificial intelligence, as multiple foreign states aim to implement the adopted strategies in this sphere. The scientific novelty consists in the following positions: artificial intelligence can be implemented in production, public safety and public authority, through ensuring the due level of the development of such crucial components as education and human resources, scientific and technology infrastructure, and business foundation, legal regulation and management, as well as taking into account international experience. At the same time, the technologies underlying artificial intelligence and machine learning – computational models, algorithms of classification, clusterization, educational, and others are not subject to patenting in Brazil (same as in the European Union), although are regarded as inventions for solution of technical issues – as the engineering applications of artificial intelligence.
Citations count: 2
Reference:
Trofimchuk N.V. —
Some aspects of exercising control (supervision) in the field of entrepreneurial activity in the Russian Federation
// Law and Politics.
– 2017. – ¹ 8.
– P. 55 - 62.
DOI: 10.7256/2454-0706.2017.8.19240 URL: https://en.nbpublish.com/library_read_article.php?id=19240
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Abstract:
This article analyzes certain aspects of exercising state control (supervision) and municipal control over the entrepreneurial activity in the Russian Federation. Main attention is given to the questions of improving the state control (supervision), municipal control in the Russian Federation, as well as the role of Federal Law “On the Protection of Rights of Legal Entities and Private Entrepreneurs in Exercising State Control (Supervision) and Municipal Control” in the context of accomplishment of this objective. The work introduces a system of principles of the state control (supervision) and municipal control, which establish the foundation for legal regulation and practice of the examined legal relations. The main conclusion consists in the fact that the unified legislative base for activity of the oversight bodied is yet to be formed. The author’s main contribution into this research consists in formulation of suggestions aimed at improving the legal regulation of the indicated legal relations. Scientific novelty lies in proposal for improving the oversight in the area of entrepreneurial activity in the Russian Federation. The article also presents authorial position regarding the interpretation of the terms “cooperation” of the oversight bodies and legal entities, private entrepreneurs and “manipulation of market”.
Citations count: 2
Reference:
Bakharev D.V. —
Contribution of Franz Joseph Gall in the establishment of criminal anthropology. Part I. Teaching on Localization of Brain Function
// Law and Politics.
– 2020. – ¹ 7.
– P. 151 - 159.
DOI: 10.7256/2454-0706.2020.7.33045 URL: https://en.nbpublish.com/library_read_article.php?id=33045
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Abstract:
This article represents a brief overview of the teaching of Austrian medical scholar and natural scientist Franz Joseph Gall (1758-1828) on human anthropology and psychology. Soviet science viewed Gall as a creator of pseudoscience of phrenology, although in prerevolutionary period, he received mostly complimentary assessment. For example, the prominent Russian criminalist D. A. Dril called Gall a “father of criminal anthropology”. In order to determine the objectivity of such assessments, the author attempted to distill the essence of Gall’s doctrine and assess his conclusions regarding the formation of such branch of criminology as criminal anthropology. The research methodology is based on the analysis of monograph works of F. J. Gall and subsequent summarization of the key theses of psychophysiological doctrine of Austrian scholar. In his works, Gall substantiated the ides that the moral qualities and intellectual abilities are innate, and their manifestation depends on the organization of the brain, which is the organ of all propensities and aptitudes. In his opinion, different parts of brain are responsible for completely different functions. The author concludes that the widespread in Soviet science interpretation of the role of Gall in the area of phrenology is inadequate to reality. Firstly, Gall never attributed any special merits to himself pertaining to studying connection between the form of human skull and peculiarities of his psyche and intellect; and secondly, not disputing the existence of such connection, he however, did not establish any strong patterns.
Citations count: 2
Reference:
Martirosyan D.G. —
Regulation of the work migration of the citizens of third countries into the EU according to the European Law
// Law and Politics.
– 2018. – ¹ 10.
– P. 1 - 8.
DOI: 10.7256/2454-0706.2018.10.27358 URL: https://en.nbpublish.com/library_read_article.php?id=27358
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Abstract:
This article explores the questions of legal regulation of work migration of the citizens of third countries into the EU. Migration on a globalized world is polyoptional and diverse. Covering various social groups, we well as multiple areas of public livelihood, it represents one of the most active driving forces contributing to growth and reallocation of labor resources in the EU, contributing in turn to its economic growth. The necessity to solve the issues pertaining to work migration is substantiated by the creation of the corresponding legal base on the international level and harmonization of the internal legislation of the EU member-states. The methodological base of this research includes general scientific methods (analysis and synthesis, dialectics, logical method), as well as special legal methods: historical-legal, comparative legal, formal legal analyses. The author concludes that the EU and its member-states need to continue reworking the domestic and European legislation in the area of labor and strengthening the integration in the labor market. The efforts should be coordinated towards creation of legislative base on the issues of trans-state exchange of workers from third countries. At the same time, optimization of the migration policy in Europe is not possible without solution of the issues related to socio-psychological, cultural and language adaptation of the migrants.
Citations count: 2
Reference:
Osina D. —
The peculiarities of legal liability for violation of tax legislation in the United States
// Law and Politics.
– 2020. – ¹ 10.
– P. 41 - 49.
DOI: 10.7256/2454-0706.2020.10.34174 URL: https://en.nbpublish.com/library_read_article.php?id=34174
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Abstract:
Relevance of the selected topic is justified by the importance of the institution of liability for the current tax systems, since taxpayers are not always willing to voluntarily part with their earnings. Drawing on the experience of the developed countries can be valuable in determining advantages and disadvantages of the models of the institution of liability for violations of tax legislation, with future consideration in reforming the corresponding sphere of social relations in Russia. The goal of this work consists in examination of peculiarities of the institution of liability for violation of tax legislation in the United States, jurisdiction with one of the most effective tax systems in the world. For achieving the set goal, the author sets a number of scientific tasks, among which is consideration of the types of liability for violation of tax legislation in the United States and questions of their demarcation, as well as the forms of penalties for violating tax legislation. The following conclusions were made: 1) liability for violation of tax legislation in the United States can be either criminal or civil; 2) both types of liability are established in the same legislative act – the Internal Revenue Code; 3) demarcation of liability is rather conditional, depending on the type of offence, severity of penalties for its commission, as well as procedure of implementation of liability; 4) civil liability for violation of tax legislation in the United States has no parallels with the Russian law, and essentially incorporates the features of administrative and civil liability; 5) since in the United States law, civil penalties can have restorative justice nature, a person can be subject to both administrative and criminal liability for the same offence.
Citations count: 2
Reference:
Belikova K.M. —
The investment strategy of Japan
// Law and Politics.
– 2018. – ¹ 7.
– P. 47 - 62.
DOI: 10.7256/2454-0706.2018.7.26671 URL: https://en.nbpublish.com/library_read_article.php?id=26671
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Abstract:
This article examines the Japan’s strategy on allocation of the proprietary investments overseas, as well as attraction of foreign investments to the country. In this context, special attention is given to the particular aspects of the Russia-Japan investment cooperation in form of investments, as well as the objects of production and infrastructure, including the cooperation in energy sphere (oil, gas, and generated in the Russian Federation electrical energy). The author touches upon the position of parties regarding the question of joint economic use of the South Kuril Islands. The scientific novelty lies in consideration from the perspective of Russia’s interests and opportunities of the approaches towards investment “from” and “to” Japan. A conclusion is made that both, Russia and Japan have a potential for cooperation, opportunities and interest; however, it remains to be seen which of the indicated scenarios will prevail.
Citations count: 2
Reference:
Kukharuk V.V. —
Substances and/or methods prohibited for use in sports, in criminal law
// Law and Politics.
– 2018. – ¹ 5.
– P. 42 - 51.
DOI: 10.7256/2454-0706.2018.5.23052 URL: https://en.nbpublish.com/library_read_article.php?id=23052
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Abstract:
The author examines the political and legal conditions of development and adoption of the draft law on amending the Criminal Code of the Russian Federation with the Articles 230.1 and 230.2, containing the completely new subjects of offence. The article considers the conceptual discrepancies of the “Prohibited List” of the World Anti-Doping Agency – WADA, specifying the substances and/or methods banned for use in sports, Order of the Russian Ministry of Sports, and similar list approved by the Government of the Russian Federation. The article provides legal criminal characteristic of crimes stipulated in the Articles 230.1 and 230.2 of the Criminal Code of the Russian Federation is provided; as well as reveals the essential element of offences. Recommendations are made on the improvement and modernizations of the norms for offences against health of the population in accordance with the regulations of international law. The scientific novelty lies in the detailed description of the essential element of offences, stipulated in the Articles 230.1 and 230.2 of the Criminal Code of the Russian Federation, based on the normative legal acts of international law and Russian legislation, documents of the supreme judicial authorities with regards to offences against health of the population and public morality.
Citations count: 2
Reference:
Derbysheva E.A. —
The reexamination stage of the passed rulings and decisions on cases of administrative legal violations from the perspective of the principle of legal certainty
// Law and Politics.
– 2018. – ¹ 2.
– P. 44 - 51.
DOI: 10.7256/2454-0706.2018.2.25336 URL: https://en.nbpublish.com/library_read_article.php?id=25336
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Abstract:
The subject of this research is the legal norms of the Article 30 of the Code of the Russian Federation on Administrative Offenses, which regulates reexamination of the rulings and decisions on administrative violations, from the perspective of their correspondence with the requirements and principles of legal certainty in its procedural aspect. The article expounds the content of such requirement of the principle of legal certainty as cogency of court ruling. The questions of correspondence of the reexamination stage of the rulings and decisions on administrative violations to the requirements of the principle of legal certainty are being examined in comparison to similar stages in civil, criminal and arbitration procedure. The author comes to the conclusion that the administrative procedural legislation in the Russian Federation pertaining to reexamination of passed rulings and decisions on administrative violations, unlike the procedural legislation of other branches, does not meet such requirements of the principle of legal certainty as presence of the circle of subjects of appeal, restriction of multiple supervisory authorities, set period for appeal, and presence of the institutions of newly discovered circumstances.
Citations count: 2
Reference:
Greben'kova L.A. —
Criminal legal characteristic of the object of involvement of minors in the commission of acts dangerous for the minor's life (Article 151.2 of the Criminal Code of Russian Federation)
// Law and Politics.
– 2018. – ¹ 2.
– P. 27 - 33.
DOI: 10.7256/2454-0706.2018.2.25615 URL: https://en.nbpublish.com/library_read_article.php?id=25615
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Abstract:
The subject of this research is the characteristics of the object of criminal involvement of a minor in the commission of acts dangerous for minor’s life. The author attempts to determine the key criminal relevant features of the aforementioned act that define its objective hazard to society, sufficient for acknowledging as socially dangerous, as well as the need for criminalization. Attention is also focused on the circumstances that significantly increase the typical social danger of the criminal act that can be included into the criminal legislation as a qualifying factor. Using the formal legal method alongside the literal interpretation of legal acts, the author conducts the detailed analysis of the content of the basic, additional, and facultative object of crime, the responsibility for which is established by the Article 151.2 of the Criminal Code of Russian Federation. The main conclusion lies in the fact that besides the main object that implies the interests of healthy development and upbringing of a minor, as well as the additional object (life of a minor), the considered act can cause harm to health, freedom, and sexual integrity of a minor alongside the interests of family upbringing and the established order of exercising pedagogical activity. The indicated circumstances must be taken into account through determination of the qualifying factors. Therewith, there is a need for protection of public morality from the public propaganda unlawful activity.
Citations count: 2
Reference:
Timoshina E.V. —
Methodology of judicial interpretation: genesis and evolution of realistic approach
// Law and Politics.
– 2017. – ¹ 12.
– P. 1 - 13.
DOI: 10.7256/2454-0706.2017.12.25079 URL: https://en.nbpublish.com/library_read_article.php?id=25079
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Abstract:
The subject of this research is the processes and genesis of the evolution of realistic approach towards the methodology of judicial interpretation in comparison to formalistic style of judicial interpretation. Based on the references of the works of the representatives of the school of free will, American and Scandinavian legal realism, as well as modern neorealism, the author determines the key characteristics of the genesis and evolution of realism as a style of judicial interpretation, expounds the trends of its development, answers the question of causes for the leading position of this approach in the modern legal doctrine, primarily in other countries, as well as the policy of judicial interpretation. The novelty of the conducted research consists in determining the trends of evolution of the realistic approach, which evolved (1) from recognition of ambiguity of the meaning of the legal text as the object of interpretation – to the thesis on excessiveness of text for execution of the act of interpretation; (2) from recognition of allowability of textual substitution of interpretation – to establishing the exclusivity of creative interpretation as a specific function of the court; (3) from recognition of limitation of the cognitive function of interpretation – to establishing voluntaristic nature of the act of interpretation; (4) from recognition of institutional limitations, placed on the courts by the principle of delegation of power – to establishment of judicial authority as a new subject of sovereignty.
Citations count: 1
Reference:
Sokolova E.S. —
On the supra-estate (class) trends of the political-legal course of Catherine the Great: ideology, legislation, ceremonial practices (second half of the XVIII century)
// Law and Politics.
– 2018. – ¹ 8.
– P. 93 - 113.
DOI: 10.7256/2454-0706.2018.8.27189 URL: https://en.nbpublish.com/library_read_article.php?id=27189
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Abstract:
The subject of this research is the representative strategies aimed at the political-legal establishment of the supra-estate (class) status of the supreme sovereign power during the reign of Catherine the Great. Special attention is given to the ideological support of the dominant position of the empress, in the state legal system of Russia during the second half of the XVIII century. In the transformation of the supra-estate legislation into an efficient instrument of ruling the society, legitimation of the absolute monarchy was taking place based on the doctrine of common good, which contributed to strengthening of the conservative beginning of state paternalism and development of the supra-estate content. The novelty of this research consists in determining the key vectors of the domestic politics course, which through the political-legal representations ensured targeted influence of the supreme sovereign power upon the society in the course of implementation of the paternalistic model of relations of the citizens.
Citations count: 1
Reference:
Kovalev A.A. —
U.S. Arctic policy: the agenda of 2019
// Law and Politics.
– 2020. – ¹ 1.
– P. 25 - 37.
DOI: 10.7256/2454-0706.2020.1.30273 URL: https://en.nbpublish.com/library_read_article.php?id=30273
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Abstract:
This article explores the key stages of the development of U.S. policy with regards to Arctic Region. The goal is set to outline the fundamental interests of the United States in the Arctic, as well as analyze the actions aimed at their achievement. The article examines the main priorities in U.S. Arctic policy, namely the protection and preservation of resources and ecosystem in the Arctic Region, scientific study of climatic changes, peculiarities of economic development of Alaska, and national security interests of the state. The questions of interaction of Arctic states with regards to defense cooperation become increasingly relevant. Consideration of the mid-term and long-term prospects of U.S. Arctic policy allowed the author focusing attention on the news aspects of U.S. government actions. Maritime capabilities of the United States in the Arctic waters are views in the context of modern tendencies. The author attempted to trace the prospects for expansion of U.S. influence in the Arctic Region based on the current agenda of 2019.
Citations count: 1
Reference:
Lipinsky D.A., Musatkina A.A. —
System of law and system of legal responsibility: some problems of interconnection and correlation
// Law and Politics.
– 2019. – ¹ 9.
– P. 29 - 47.
DOI: 10.7256/2454-0706.2019.9.30581 URL: https://en.nbpublish.com/library_read_article.php?id=30581
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Abstract:
The object of this research is the system of law and its subsystem – the institution of legal responsibility in their interconnection and correlation. The subject of this research is the problems of differentiation of legal norms in sectoral and sectoral institutions of legal responsibility on micro and macro levels; scientific outlooks on the system of law and the system of legal responsibility. Analysis is conducted on the most controversial issues of the structure of the legal system and bases of its division. The authors substantiate the unacceptability of arbitrary based solely on subjectivism of the legislator, determine the new branches of law, as well as integrated branches. At the same time. The existence of cross-sectoral institutions that are on the same level with the sectoral division of the system of law is recognized. Leaning on the theoretical positions on the system of law, research is conducted on the structure of the institution of legal responsibility; the theses are offered on political structuredness of this system, as well as presence of interconnections with various levels and elements of the system of law. Conclusions are made on the dependence between the elements of the system of law and the elements of the system of legal responsibility, which are not simultaneously of absolute nature. The presence of sectoral structure of the system of law does not always presuppose existence of sectoral institution of legal responsibility, same as the separation of the system of law onto private and public does not signify existence of private legal responsibility. The authors substantiate the unacceptability of the arbitrary selection of sectoral and cross-sectoral institutions of legal responsibility based solely on subjectivism of the legislator and declarativity of prescriptions.
Citations count: 1
Reference:
Artemkin A.N. —
P. A. Stolypin: general political aspects of state reform
// Law and Politics.
– 2017. – ¹ 11.
– P. 66 - 76.
DOI: 10.7256/2454-0706.2017.11.20005 URL: https://en.nbpublish.com/library_read_article.php?id=20005
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Abstract:
This article describes the activity and representations of the prominent political figure P. A. Stolypin in the area of conducting reforms in the Russian Empire in the early XX century. The work examines his multifaceted approach to carrying out reforms of such level with the purpose of establishing a new type of personality that was the focus of the entire activity of the government. The author underlines the correlation between the enlightenment of the country and economic ability of its separate citizens, which in accordance with Stolypin’s opinion, plays the key role in development and establishment of civil personality and legal state. Source base of the research consists of several groups: various legislative normative documents (digest of laws of the Russian Empire and decrees of the government); speeches of P. A. Stolypin; case studies on Stolypin’s as a political figure and his reformatory activity. The works in foreign language became a separate group of sources. The article also analyzes Stolypin’s concept of state authority in the Russian Empire that leans on the particular “pillars”, which in turn, consider the historical reality of the Russian people and state. The conclusion is made about the original and multifaceted approach of the government to reforming and enlightenment of the country. The author traces an attempt of creating a new type of personality – socially active individual-proprietor, which P. A. Stolypin intended to achieve by means of the system of law and inclusion of citizens into self-government bodies.
Citations count: 1
Reference:
Belikova K.M. —
To the questions of euthanasia in the BRICS countries: legal and moral-ethical framework in Brazil, Russia and China
// Law and Politics.
– 2020. – ¹ 7.
– P. 13 - 34.
DOI: 10.7256/2454-0706.2020.7.33176 URL: https://en.nbpublish.com/library_read_article.php?id=33176
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Abstract:
The subject of this research is the legal and moral-ethical framework of euthanasia (“a good death”) in such BRICS countries as Brazil, Russia and China from the perspective of analysis of the current regulatory and other acts and documents, doctrine, opinions of legal and medical experts, who provide pros and cons of such measure as euthanasia. The raised questions are viewed and analyzed from the position of an alternative to the previously researched aspects of therapeutic cloning, bioprinting (3D printing), growing organs and tissue that are developed and implemented in the context of the idea “No One Should Die”. The scientific novelty of this work is substantiated by articulation of the problem (examination from the perspective of law and moral-ethical perceptions), choice of countries (BRICS member-states), and analysis of the most recent materials (for example, Law of the People's Republic of China “On Basic Healthcare and Health Promotion” passed on December 28, 2019 (effected on June 1, 2020); Resolution of the Ministry of Health of Brazil of October 31, 2018 No.41 “On Recommendation for Organization of Palliative Care within the framework of Help Provided Through Unified Healthcare System”), and earlier, but also relevant acts and documents (Law of the Russian Federation of November 21, 2011 No. 323-FZ “On the Basis of Health Protection of Citizens in the Russian Federation”, amended on April 34, 2020, etc.). A conclusion is made that euthanasia could be only active and voluntary, when a decision is made by a person with incurable disease, of sound mind, who comprehends the actions and their consequences.
Citations count: 1
Reference:
Ivanov S.V. —
The place of the constitutional (charter) courts of the subjects of the Russian Federation in the mechanism of constitutional-legal support of its unity and territorial integrity
// Law and Politics.
– 2017. – ¹ 4.
– P. 99 - 111.
DOI: 10.7256/2454-0706.2017.4.22478 URL: https://en.nbpublish.com/library_read_article.php?id=22478
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Abstract:
cThe article examines the role of constitutional (charter) courts of the subjects of the Russian Federation in the constitutional-legal support of the unity and territorial integrity of the Russian Federation as basic constitutional values. The work has been made with the use of the following methods: analysis, synthesis, system approach, formal and comparative legal method, and model building. The author draws a conclusion about the inferiority of constitutional (charter) courts as subjects of ensuring previously mentioned values. The courts primarily provide values that are associated with regional interests, while they are capable of damaging the unity and territorial integrity of the Russian Federation. The author proposes three ways of solving present-day problems and filling the gaps of the legal regulation of the constitutional control in our country.
Citations count: 1
Reference:
Nikitina A. —
Constitutional judicial process as a form of resolving constitutional legal disputes: trends of foreign law regulation
// Law and Politics.
– 2018. – ¹ 8.
– P. 81 - 92.
DOI: 10.7256/2454-0706.2018.8.26948 URL: https://en.nbpublish.com/library_read_article.php?id=26948
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Abstract:
The subject of this research is the constitutional law disputes that act as the prerequisites for constitutional judicial procedure, and define the content and the subject of judicial activity, as well as the main parameters of the constitutional judicial process. The procedure of resolving constitutional disputes in constitutional courts is being examined as a means of maintaining a balance between branches of power in the government, mechanism of protection of rights of the individual, competency of the constitutional branches and constitutional values. The goal of this research is to determine the main trends of foreign legal regulation that demonstrates the influence of the constitutional law disputes upon the constitutional judicial process. Among main conclusions, the author determines the key trends of foreign legal regulation of the constitutional judicial process as forms of resolving constitutional law disputes, including expansion of the categories of legal disputes in the constitutional court jurisdiction; sequential reflection in the legislation of the adversarial principle through determining plaintiffs and defendants in all categories of cases heard by the constitutional court; determination of restitution for damages caused by an act found to be unconstitutional.
Citations count: 1
Reference:
Solopov O.V. —
Legal status of minors in the system of regulation of labor relations in modern Russia
// Law and Politics.
– 2020. – ¹ 4.
– P. 70 - 88.
DOI: 10.7256/2454-0706.2020.4.31069 URL: https://en.nbpublish.com/library_read_article.php?id=31069
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Abstract:
This article is dedicated to examination of the system of legal norms determining the legal status of minors in the process of regulation of labor relations in the Russian Federation. The goal consists in the analysis of content of the legal status of minor citizens within the system of regulation of labor relations. The work solves the following tasks: determination and analysis of the elements of legal status of minors within the system of regulation of labor relations; systematization of the norms of labor law, the effect of which is defined by ensuring guarantees of minors’ rights; identification of the problems of ensuring legal status of minors within the system of regulation of labor relations; formulation of recommendations on improving legislation in this regard; as well as designation of promising directions for research in this area. The novelty consists in expansion of the circle of labor law subjects, whose status depends on honoring guarantees of the citizens under 18 years of age. Comprehensive analysis is conducted on the norms of labor law that protect the rights of minors. The article highlights the relevant problems of legal regulation, namely: legal status of employees under 14 years old, their parents and underage employers; protection of rights of underage workers; legislative allocation of separate categories of underage workers; legal regulation of permit to work with minors. The author suggests introducing additional requirements for the workers under 14 years old, as well as persons authorized to work with minors.
Citations count: 1
Reference:
Mazepov P.E. —
The improvement of legal regulation of franchising in the conditions of digital economy
// Law and Politics.
– 2020. – ¹ 3.
– P. 40 - 55.
DOI: 10.7256/2454-0706.2020.3.32430 URL: https://en.nbpublish.com/library_read_article.php?id=32430
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Abstract:
The subject of this research is the legal regulation of franchising at the current stage of economic development. The object of this research is social relations emerging as a result of conducting business activity in the form of franchising. The present state of legal regulation of franchising in the Russian Federation is being analyzed. Special attention is paid to the aspects of regulation of this institution in the conditions of digitalization. The author examines the prospects of using smart contracts in the sphere of franchising, peculiarities of digital elements within a franchise, concept of digital franchising, and prospects of its regulation. The scientific novelty consists in examination of franchising in the conditions of digital economy from the perspective of analysis and determination of the prospect of legal regulation of this institutions. It is concluded that the improvement of regulation of franchising in the context of digital economy in the Russian Federation is possible through the following avenues: 1) simplified procedure of state registration for granting exclusive rights based on the agreement of commercial concession; establishment of alternative methods of identification of the entity who expresses statement of intention; 2) introduction of amendments to the Part 3 of the Civil Code of the Russian Federation for assigning legal status to such objects as cloud technologies and big data; 3) improvement of norms of the Article 1033 of the Civil Code of the Russian Federation to specify the admissibility of restrictive terms with regards to user activity in the Internet; 4) formulation of regulatory norms for rendering digital services,.
Citations count: 1
Reference:
Varavenko V.E., Lyapustina N.A., Kovalev D.V. —
Means of mitigating the risks assigned to the contractor in the EPC contract: the experience of the International Federation of Consulting Engineers and Russian civil legislation
// Law and Politics.
– 2022. – ¹ 4.
– P. 55 - 65.
DOI: 10.7256/2454-0706.2022.4.37863 URL: https://en.nbpublish.com/library_read_article.php?id=37863
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Abstract:
The subject of the study is the legal conditions of mitigation (mitigation) of project risks, the bearing of which is assigned to the contractor by the terms of the EPC contract. One of the key features of the EPC contract, an agreement concluded for the implementation of an investment and construction project on a turnkey basis, is the maximum assignment to the contractor of risks associated with the failure to achieve the goals of the project. It is believed that the EPC contractor, as a professional and highly qualified representative of the construction industry, is able to manage project risks more effectively than the customer. The assignment of risk by the terms of the contract proforma to one of the parties implies the need to use organizational, economic and legal means to mitigate (mitigate) the burden of risk. This work is aimed at identifying civil legal means used by the contractor to mitigate the harmful effects of events and actions, the risk of which is assigned to him by the terms of the EPC contract and establishing the possibility of using these means in the conditions of the Russian legal system. Its achievement involves a comparative analysis of the model EPC contract - a model contract of the International Federation of Consulting Engineers for turnkey projects (FIDIC Silver Book 2017) and the norms of Russian civil legislation.
     The results of the study indicate that it is possible in principle to apply the conditions of the 2017 FIDIC Silver Book, which establish means of mitigating the contractor's burden of bearing risks, in the conditions of Russian legislation, taking into account the following exceptions:
(1) a security payment cannot be used as a means of mitigating the consequences of non-fulfillment by the contractor of a natural obligation;
(2) compensation for property losses cannot be applied in the event of an unlawful claim by the customer for a guarantee of performance of contractual obligations provided by the contractor.
The interrelated application of several civil legal means is aimed, ultimately, their application contributes to the achievement of the project goals, which is in the sphere of interests of both parties to the contract.
Citations count: 1
Reference:
Malikov S.V. —
Concept and functions of law: temporal analysis
// Law and Politics.
– 2018. – ¹ 10.
– P. 9 - 15.
DOI: 10.7256/2454-0706.2018.10.17647 URL: https://en.nbpublish.com/library_read_article.php?id=17647
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Abstract:
The subject of this research is the concept and functions of law. The goal of this work lies in determining the levels of interaction between time and law. The author examines the two levels of such interaction – external and internal. The first establishes the nature, concept, properties and functions of law, as well as its evolution in time (traced on the example of performance of the normative legal act). The second reveals the temporal tools used in law for regulating legal relations (for example, timeframes and terms). Special attention is given to the first of the aforementioned levels of interaction between time and law. As the main research method, the author applies the dialectical method of cognition. The author is first to attempt of interdependent examination of time and law for determining the concept of law and its functions. Framework is established for further research with consideration of the determined two level of interaction – external and internal, as well as the detailed examination of such categories as legal time, stability, inconsistency, continuity, dynamism, etc.
Citations count: 1
Reference:
Pavlisova T.E., Embulaeva N.Y. —
The principle of supporting trust in the law and state actions (protection of legal expectations) in the Russian law: problems and prospects
// Law and Politics.
– 2018. – ¹ 4.
– P. 1 - 10.
DOI: 10.7256/2454-0706.2018.4.26147 URL: https://en.nbpublish.com/library_read_article.php?id=26147
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Abstract:
The subject of this research is the content of the doctrine of “protection of legal expectations” in the countries of general and continental law, and the principle of support of the trust in the law and state actions in the context of the principle of rule of law, recognition of human rights and liberties, natural justice, analysis of the theory and practice of application of general constitutional and branch principles, as well as the issues of their realization (including the principle of the rule of law) in the Russian law with consideration of normativistic legal understanding. The main conclusions of the conducted research consists in the absence of a somewhat formalized system of official views upon relationship between the branches of public authority with the citizens, impeding the realization of the principle of the rule of law and creation of an efficient state administration (which would include the legislative and executive activity, and justice), the declared by the Constitution of the Russian Federation rule of law, as well as recognition and respect of the human rights and liberties. The content of the principle of support of citizens’ trust in the law and state action, formulated by the Constitution Court of the Russian Federation, in contrast to the Western doctrine, first and foremost, does not cover the entirety of the range of relations emerging in the course of realization of authority by the branches of public authority, and secondly, in light of the absence of formalization of this principle in the specific legal norms, it limits the courts in its application.
Citations count: 1
Reference:
Goncharov V.V., Shalin V.V. —
Role and place of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control in the Russian Federation
// Law and Politics.
– 2018. – ¹ 11.
– P. 41 - 52.
DOI: 10.7256/2454-0706.2018.11.27937 URL: https://en.nbpublish.com/library_read_article.php?id=27937
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Abstract:
This article is dedicated to the role and place of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control in the Russian Federation. The author analyzes the concept of constitutional legal guarantee through the prism of the concepts and attributes of the broader sense of the concept of legal guarantee, giving the original definitions; described the objectives and tasks of the constitutional legal guarantees in general, as well as the citizens’ right to public control in particular; explores the role of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control at the federal, regional and municipal levels, and with regards to various branches of government and local self-governance, as well as authorities and organizations that execute separate public powers supported by judicial practice, bills of the Constitutional and Supreme Courts of the Russian Federation, administrative and municipal practice. The conclusion is made that the citizens’ right to public control dictates the need for its protection on the part of society and government through securing the system of constitutional legal guarantees on one hand; and on the other – the process of their practical realization allows improving the institution of public control itself, as well as the constitutional legal mechanism of its implementation and protection.
Citations count: 1
Reference:
Abdulkadyrov T. —
Personal bankruptcy as the basis for compulsory removal from the board
// Law and Politics.
– 2019. – ¹ 2.
– P. 49 - 52.
DOI: 10.7256/2454-0706.2019.2.28877 URL: https://en.nbpublish.com/library_read_article.php?id=28877
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Abstract:
This article is dedicated to the analysis of the possibility of removal an individual from participation in the corporate decision-making due to personal bankruptcy of this individual. In particular, the article explores the questions of allowability and justification of limitation of a stakeholder in a company with regards to exercising the right of participation, including the right to run the company. Moreover, the subject of research includes situations that precede the necessity to remove the individual from the board without vote of the individual. The work also examines the case law on the question of refusal to allow a partner to carry out administration of the company after the conclusion of liquidation of their personal property. It is proved that the current civil legislation contains positions, which enable the stakeholders of privately held company to exclude a member, an individual declared bankrupt from the board.
Citations count: 1
Reference:
Titorenko S.K. —
Legal Regulation of Taxation of Cryptocurrency Turnover: A Comparative Legal Study of the Tax and Legal Regulation of the Republic of India and the Russian Federation
// Law and Politics.
– 2023. – ¹ 1.
– P. 41 - 47.
DOI: 10.7256/2454-0706.2023.1.39703 EDN: CATYXP URL: https://en.nbpublish.com/library_read_article.php?id=39703
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Abstract:
The article discusses the features of the tax and legal regulation of cryptocurrencies in the Republic of India and the Russian Federation.
A study of legal regulation and a study of the positions of legal scholars of the Republic of India, in terms of regulating the turnover of cryptocurrencies, as well as the experience of regulatory regulation of the turnover of cryptocurrencies in the Russian Federation.
As a result of the study, the author identified a gap in the legal regulation of taxation of cryptocurrencies in the Russian Federation, in comparison with the legal regulation of the Republic of India. Public relations arising in connection with the turnover of cryptocurrencies are not regulated in any country of the world at the moment, including in terms of taxation of transactions using cryptocurrencies. In this connection, it is necessary to take into account the foreign experience of legal regulation of taxation of cryptocurrency turnover, including the Republic of India. The problem lies in the fact that amendments to the Tax Code of the Russian Federation have not been adopted at the moment, which would regulate the taxation of cryptocurrency turnover in the Russian Federation. To investigate the experience of legal regulation of taxation of cryptocurrencies of the Republic of India and to identify aspects that could be applied to form the legal regulation of taxation of turnover of cryptocurrencies in the Russian Federation. Previously, comparative legal research in this area has not been conducted.
Citations count: 1
Reference:
Kolesnichenko O.V. —
Foreign experience of application of special systems of restitution for damages to health as a result of work accidents and occupational diseases (on the example of Germany and Great Britain) and prospects of borrowing it by Russia
// Law and Politics.
– 2020. – ¹ 8.
– P. 18 - 32.
DOI: 10.7256/2454-0706.2020.8.33119 URL: https://en.nbpublish.com/library_read_article.php?id=33119
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Abstract:
The subject of this research is the legislation and practice of its implementation, as well as the legal doctrine of Russia, Germany and Great Britain on the existing special systems of compensation for damage inflicted to health as a result of work accidents and occupational diseases. The author examines the special systems of restitution for occupational damage that represent starkly different versions of implementation of basic models developed in global practice (Bismarck and Beveridge). Attention is focused on the key issues of compensation for occupational damage using the legal means available in the Russian Federation. Analysis is conducted on the existing foreign experience on the matter. The author’s special contribution to the research of the topic consists in the statement that for establishing balance within the system of restitution for occupational damage it is necessary to clearly demarcate the three types of compensations: guaranteed social security paid from the budget funds in terms of obligations assumed by government to support vulnerable population groups; obligations in tort recovered from the tortfeasor, considering the grounds and limits of civil liability; insurance payments, which represent partial coverage of inflicted damage based on the terms of insurance contract. The scientific novelty lies in determination of the prospects for improving the national special system of restitution for occupational damage. It is substantiated that in such system the distribution of losses between different types of compensations should be based on the criteria of preferred form of compensation (payment in kind or financial compensation); legal nature of separate elements of reparation (incapacitation, occupational disease, etc.); type of payments (recurring or lump sum), purpose of compensation; calculation of payments.
Citations count: 1
Reference:
Markova T., Maksimova T. —
Transformation of professional skills in the context of digitalization of criminal proceedings
// Law and Politics.
– 2023. – ¹ 6.
– P. 25 - 37.
DOI: 10.7256/2454-0706.2023.6.40913 EDN: NHPLLO URL: https://en.nbpublish.com/library_read_article.php?id=40913
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Abstract:
The author discusses the transformation of legal skills in the field of criminal justice in connection with the development and introduction of digital technologies. This issue is examined in the context of three groups of lawyer skills, such as communication skills, the possibility of using digital technologies in case analysis and position development, as well as the possibilities of document management in the context of digitalization and the use of digital technologies in the preparation of procedural documents. The subject of the research is both the skills themselves and the new opportunities that have appeared with the development of digitalization: remote communication capabilities, web forms for interviewing, chatbots, automated information search engines and artificial intelligence capabilities for case analysis, technical capabilities that help to find and present evidence in court, document designers, thanks to which one can create various forms of documents, submission of procedural documents to the court in the form of an electronic document. The article concludes that the introduction of digital technologies into the activities of both preliminary investigation and court bodies is becoming a natural stage in the development of the entire criminal proceedings and for the first time new digital opportunities are being considered in relation to the skills of a lawyer in criminal proceedings. In the article, in relation to each group of skills, those technical capabilities that can and should be used in practice are indicated, and, accordingly, those professional skills that a lawyer working in the field of criminal proceedings should possess. It is concluded that some of the considered digital technologies have already become firmly established in the practice of lawyers working in criminal cases, some are just being introduced and are being distributed.
Citations count: 1
Reference:
Rybakov A.V. —
The Pact on Migration and Asylum as a the foundation of the new migration policy of the European Union
// Law and Politics.
– 2021. – ¹ 10.
– P. 70 - 82.
DOI: 10.7256/2454-0706.2021.10.36576 URL: https://en.nbpublish.com/library_read_article.php?id=36576
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Abstract:
The relevance of the selected topic is substantiated by the fact that in modern world migration has become a significant factor in the development of both accepting countries and countries of origin. Europe hosts the largest number of migrants. Since 2015, the EU member-states have been experiencing strong migration pressure. The existing migration stands in need for reform. The New Pact on Migration and Asylum should be a significant step towards creating a reliable and effective system for regulation of migration. The subject of this research is the institutional and legal characteristics of the EU New Pact on Migration and Asylum. The article analyzes the proposals of the European Commission regarding the migration policy reform, as well as the political-legal mechanism for their implementation; contradictions between the member-states in the course of the relevant discussions. The following conclusions are made:
1) It must be admitted that the new approach of the European Commission is comprehensive and aimed at integration of the internal and external aspects of migration policy.
2) The structure of the Pact corresponds to the goals of migration policy and consists on three levels – external, namely relations with the countries of origin and transit of migrants; control over the external borders of the EU; a new system of permanent solidarity.
3) As an annex to the New Pact on Migration and Asylum, the European Commission has presented a roadmap for implementation of various proposals. However, by the end of 2021, the schedule for the adoption of legal documents is not being maintained.
4) The only common denominator between the different groups of countries is the orientation towards external actions aimed at curbing migration movements prior to their arrival to Europe.
5) The plan of the European Commission on adoption of rules obligatory for all member-states currently seems untenable, considering the clashing interests.
Citations count: 1
Reference:
Biyushkina N.I. —
The right of nations to self-determination as the fundamental principle of Soviet federalism
// Law and Politics.
– 2021. – ¹ 10.
– P. 43 - 57.
DOI: 10.7256/2454-0706.2021.10.36767 URL: https://en.nbpublish.com/library_read_article.php?id=36767
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Abstract:
The subject of this research is the process of establishment and development of the right of nations to self-determination as the fundamental principle of Soviet federalism. The author carefully examines the origin and evolution of the idea of the right of nations to self-determination within the environment of the revolutionary social democracy; the concept, characteristics and principles of the right of nations to self-determination; the normative unification of the right of nations to self-determination with the federal principle of government system in the Soviet constitutions; variations of exercising this right within the framework of socialist federal state. Special attention is given to the evolution of the right of nations to self-determination and the transformation of its goals at different stages of the development of Soviet State. The novelty of this research consists in formulation of the original definition of the right of nations to self-determination in the context of phenomenology of the Soviet federalism. The key characteristics of this right are outlined: 1) suggests multivariance of implementation; 2) drags on time depending on the socioeconomic and political-legal development of the nation; 3) implies adequacy of implementation to the level of collective national sociocultural and political self-identity, etc. The principles of the right in question are determined : 1) priority of actual self-determination in relation to legal formalization if the latter is mandatory; 2) definiteness of the right of nations to self-determination via national declaration of will with regards to legitimation by the positivistic attitudes of the state; 3) evolution in chronological perspective from the national legal nature towards international legal level, etc. The author derives the criteria and classifies the right of nations to self-determination based on them. Description is given to the peculiarities of regulation and implementation of the right of nations to self-determination in accordance with the development stages of the Soviet Federation The author's special contribution lies in the establishment of dialectical link between the formational and civilizational approaches towards comprehension of the essence of the right of nations to self-determination through the prism of the European and Russian social democracy.
Citations count: 1
Reference:
Korovin K.S. —
Doctrinal arrangement of social-territorial structure of the Soviet system in 1918 (based on the materials of the Commission for Drafting the Constitution of the Soviet Republic under the All-Russian Central Executive Committee)
// Law and Politics.
– 2021. – ¹ 12.
– P. 127 - 137.
DOI: 10.7256/2454-0706.2021.12.37223 URL: https://en.nbpublish.com/library_read_article.php?id=37223
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Abstract:
Based on the vast array of archival materials, the article reconstructs the discussions that took place in the process of adoption of the 1918 Constitution of the RSFSR. It is worth noting that the issues that are somehow related to the model of the Soviet federation were the most discussed. Such situation existed due to the fact that the Marxism-Leninism ideology was initially internationalistic, and the Bolsheviks were enormously interested in expanding their influence. The federation was also a fully legal instrument for uniting the communist parties of various countries into economic, military and political alliance. Although V. I. Lenin had a dialectical perception of federation and the state, this did not diminish the interest of the members of the commission to this problematic. The question of federalism was strictly practical and tactical, since the fate of the world socialist revolution depended on the extent to which the federation would be proletarian and unique. Therefore, the members of the commission had to solve the issues associated with the type of federation, ethnic question, the administrative-territorial division of the state, and representation in the councils. The latter was of crucial importance, since both the social base of the political regime and the governability of the entire Soviet state depended on the content of the Soviet institutions. Therefore, the Bolsheviks placed emphasis namely on the representation of workers, rather than peasants. The conclusion is made that the legal issues of the structure of the Soviet federation were equally as important as the ideological arrangement of the Soviet state.
Citations count: 1
Reference:
Gorban V.S. —
Rudolf von Jhering’s “The Struggle for Law” concept
// Law and Politics.
– 2017. – ¹ 3.
– P. 1 - 14.
DOI: 10.7256/2454-0706.2017.3.21770 URL: https://en.nbpublish.com/library_read_article.php?id=21770
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Abstract:
The subject of this research is the formulated in the early 1870’s R. Jhering’s concept of the struggle for law, which was the quintessence of the key ideas and constructs of the thinker’s legal understanding developed during the preceding period. The aforementioned concept established the final transition of Jhering towards the empirical-sociological legal positivism. In the concept of the struggle for law, Jhering formulated the original theory of social development and social changes, which is promoted and driven by law. The structure of the concept examines the following key components: perception of law as a practical notion; participation of each individual in the progress of law; and determination of the ethical and spiritual-moral motive as the most significant among all the motives of realization of law. The originality and novelty with regards to Jhering’s development of legal understanding, consists in elevation of the subjective law to the attribute of personal dignity. The concept of the struggle for law remains relevant in the modern political-legal literature and practice. The scientific novelty of this work lies in determination and interpretation of the main components of Jhering’s concept on the struggle for law in the context of progression of his legal views, formation of his style of creative philosophizing, empirical-sociological perception, as well as discussion of law. The concept of the struggle for law is views as a theoretically substantiated model of social development and social changes by the virtue of law and active participation of the contemporaries in realization and advancement of law.
Citations count: 1
Reference:
Biyushkina N.I. —
Problems of organizational legal regulation of the system of higher education in Russia: history and modernity
// Law and Politics.
– 2017. – ¹ 5.
– P. 50 - 67.
DOI: 10.7256/2454-0706.2017.5.23069 URL: https://en.nbpublish.com/library_read_article.php?id=23069
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Abstract:
The subject of this research is the examination of issues of organizational legal nature associates with the development of system higher education in pre-revolutionary and modern Russia. The object of this research is the combination of socioeconomic and political-legal elations established in the Russian State in pre-revolutionary and present periods. The goal of this work consists in determination of the key trends in development of the organizational legal grounds of functionality of the system of higher education in Russia over the period of the XIX – the beginning of XXI centuries. The scientific novelty of this work consists in the following conclusions: the general features common to the development of pre-revolutionary and modern higher education include standardization, tendency towards the applied nature of higher education, development and differentiation of the applied and academic education at the level of advanced and higher education, systemic approach towards the reform of higher education, formation of the highly qualified personnel in various disciplines, and patriotic education.
Citations count: 1
Reference:
Sokolov D.S. —
State witness protection of the parties involved in a criminal procedure: certain issues and solutions
// Law and Politics.
– 2018. – ¹ 1.
– P. 28 - 38.
DOI: 10.7256/2454-0706.2018.1.25162 URL: https://en.nbpublish.com/library_read_article.php?id=25162
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Abstract:
The subject of this research is the institution of witness protection, peculiarities of the formation of system of proof in investigation of crimes where possible threats can be present to the parties involved in a criminal procedure. The work discusses certain issues in the legal regulation of the state witness protection, as well as the peculiarities of decisionmaking on application of measures of state witness protection and its realization with consideration of present threats and the phases of progression of criminal activity. It is proposed that the complex multi-stage system of regulatory acts does not promote making substantiated decisions on state witness protection. Members of law enforcement ensuring protection of witnesses from various regions of the Russian Federation have been interviewed. The main conclusions consist in the proposals to introduce a number of changes into the current Criminal Procedure Code of the Russian Federation pertaining to proving the threats, their assessment and adequate legal solutions.
Citations count: 1
Reference:
Volkova M.A. —
Determinants of corruption crime in the area of state (municipal) procurement
// Law and Politics.
– 2020. – ¹ 9.
– P. 189 - 205.
DOI: 10.7256/2454-0706.2020.9.33664 URL: https://en.nbpublish.com/library_read_article.php?id=33664
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Abstract:
The subject of this research is the norms of international and domestic legislation on state (municipal) procurement and corruption prevention, as well as the scientific works on the determinants of corruption crime in this field. The goal consists in identification of the subjective and objective determinants of corruption crime in the area of state and municipal procurement. The author sets a task to analyze and generalize the established within scientific literature approaches towards explanation of the determinants of corruption crime in the indicated sphere, as well as to systematize such determinants by content and origin. The scientific novelty consists in systematization and generalization of scientific knowledge on the determinants of corruption crime in the area of state (municipal) procurement. The author explores subjective and objective determinants of corruption crime in this field, and based on their content, reveals the socio-psychological, socio-economic, political, legal and organizational-administrative determinants of corruption crime in the area of state (municipal) procurement. The conclusion is made that due to continuous reform in the corresponding legislation in this area, as well as the instability of socioeconomic situation for ensuring the prompt adaptability of the system of corruption prevention in area of state (municipal) procurement, it is necessary to provided regular monitoring of the determinants of such type of crime.
Citations count: 1
Reference:
Yanik A.A. —
“Digital legitimation” of scientific knowledge: to articulation of the problem
// Law and Politics.
– 2020. – ¹ 10.
– P. 27 - 40.
DOI: 10.7256/2454-0706.2020.10.34413 URL: https://en.nbpublish.com/library_read_article.php?id=34413
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Abstract:
Manifestation of the new methods of scientific research based on computational processing of high volumes of data (experimental, statistical, secondary information, etc.) led to broadening of the methods of scientific cognition, as well as to changes in the processes of legitimation of new knowledge. The article examines separate aspects of the indicated changes, and raises a question on the need for more accurate and systematic monitoring and analysis over the processes of changing the mechanisms of legitimation of scientific knowledge, obtained within the framework of “science based on big data”. The conclusion is made that in the context of the Fourth Paradigm (Data-Intensive Science) is being formed the fourth strategy for legitimation of scientific knowledge – “digital legitimation”. The knowledge generated by data-intensive science is legitimized virtually by complexity and scale of technologies used for its acquisition. The author underlines the need for thorough analysis of the “digital” type of legitimation due to the fact that the expansion of digital method for production of scientific results bears a number of risks. Particularly, alongside with accumulation of inaccuracies and deterioration in the quality of scientific examination, most severe risks consist in possibility of science being caught into the institutional development traps, as well as in exacerbation of the existing systemic crisis.
Citations count: 1
Reference:
Kolokolov N.A. —
Conceptual way of cognition of judicial reforms in Russia (peer review on the monograph of V. M. Bolshakova “The Dynamics of Judicial Reforms in Russia in late XIX – early XX centuries (historical-legal research)". RANEPA, Derzhavinsky Publishing House, 2021. 660 p.)
// Law and Politics.
– 2022. – ¹ 1.
– P. 42 - 52.
DOI: 10.7256/2454-0706.2022.1.37376 URL: https://en.nbpublish.com/library_read_article.php?id=37376
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Abstract:
This article provides a peer review of the conceptual monographic research of PhD in Law, Docent Valentina Mikhailovna Bolshakova “The Dynamics of Judicial Reforms in Russia in late XIX – early XX centuries (historical-legal research)”. The relevance and timeliness of the monograph are determined by the need to acquire the knowledge on the judicial sphere for the purpose of implementation of the effective and fair justice, as well as establishment of an optimal and modern judicial system. The solution to this problem is requires scientific substantiation. The Russian historical-legal science has accumulated a vast number of works that describe the functionality and social role of the judiciary. However, there are no research within the historical-legal literature dedicated to the dynamics of judicial transformations in the structural, organizational, and functional aspects of the judicial system. The monograph of V. M. Bolshakova successfully fills the gap in the field of studying judicial structures, representing fundamental research on the dynamics of the Russian judiciary, which is well-founded from a general theoretical, applied and historical perspectives. It not only reveals the details of the structure of the judicial system at various stages of its existence, but also the causes and consequences of judicial reforms and transformations. The authorial analysis of the judicial reforms also contains the concept of their dynamics. The examination of judicial institutions is of particular value.
Citations count: 1
Reference:
Goncharov V.V. —
The use of positive experience in organization and realization of people’s control in USSR in the context of optimization of public control in the Russian Federation (constitutional-legal analysis)
// Law and Politics.
– 2019. – ¹ 5.
– P. 72 - 88.
DOI: 10.7256/2454-0706.2019.5.27942 URL: https://en.nbpublish.com/library_read_article.php?id=27942
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Abstract:
The full realization and protection of rights, freedoms and legitimate interests of the Russian citizens, as well as practical implementation of the constitutional principles of democracy and people’s participation in state administration requires constant improvement of the system of legal regulation of the civil society institutions in Russia. One of the basic guarantees of the balanced functioning and development of civil society in democratic state is the institution of public control. Optimization of the processes of organization and realization of public control in the Russian Federation suggests using the previous positive experience in this regards. Therefore, special relevance gains the examination of experience of the institution of people’s control in the Soviet Union. This article is dedicated to the comparative-legal study of the institutions of public control in the Russian Federation and people’s control in the Soviet Union with regards to application of positive experience of the latter. The author conducts a comparative-legal analysis of the regulatory framework of public and people’s control; pursues correlation between the concepts, principles, objectives, goals, composition and authorities of the subjects, as well as legal force and the character of decision-making. This allowed determining the limits in application of people’s control in the Soviet Union in the context of optimization of public control in the Russian Federation, formulating specific proposals and recommendations.
Citations count: 1
Reference:
Cheprasov K.V. —
“What do you raise an outcry over, national bards”: Western trend towards transformation of human image by the instruments of international law, and Russia’s role in this process
// Law and Politics.
– 2018. – ¹ 12.
– P. 41 - 48.
DOI: 10.7256/2454-0706.2018.12.28515 URL: https://en.nbpublish.com/library_read_article.php?id=28515
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Abstract:
The subject of this article is the critical analysis of current state of the concept of human rights, primarily with regards to its rapid mutation based on the gender theory. Attention is turned to the fact that back in the late XX century, the image of human alongside the concept of human rights were founded on the traditional Western idea of humanism. At the present stage, the concept of human rights undergoes drastic changes via instruments of international law. And, at times, without due circumspection. The author believes that most boldly this trend is reflected in the attempts of recognition of child’s right to choose gender identity and sexual orientation. The conclusion is made in the unacceptability of such transformation for Russia. The scientific novelty lies in the analysis of little known international legal documents that pretend to drastic transformation of human image and the concept of human rights. In addition, leaning on the conducted analysis and examination of the historical dynamics of mutation of the doctrine of human rights, the author underlines the need of the Russian Federation to defend the traditional approach towards human right, which is founded on the classical ideas of humanism, in the context of peculiarities of the national and confessional composition of the Russian society, its sociocultural and other historical characteristics.
Citations count: 1
Reference:
Karpova E.A. —
Problems of classification and optimization of the system of criminal legal norms on responsibility for white-collar crime and practices of their implementation
// Law and Politics.
– 2019. – ¹ 12.
– P. 9 - 16.
DOI: 10.7256/2454-0706.2019.12.31772.2 URL: https://en.nbpublish.com/library_read_article.php?id=31772
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Abstract:
This article explores the wide spectrum of scientific approaches towards the problem of classification and modernization of the system of white-collar crime in accordance with the law of the Russian Federation, formulated by modern doctrine of criminal law. The problem consists in the absence of sufficient depth of scientific analysis of the criterion for systematization and practical implementation of the norms on white-collar crimes as a whole and in their variety. The author studied the research pointing to the gaps in the legislative regulation in this area. Attention is paid to the lack of theoretical work in this field, with separate attention devoted to the law enforcement work. It is demonstrated that the current legislation does not fully cover all areas of life of the society and the state, which are the objects of the criminal infringement, and needs improvements. The author is convinced that study of the classification of white-collar crime is absolutely necessary, as the doctrinal context it allows systematizing their characteristics and legal ramifications of their committal. The scientific novelty of this research consists in author’s proposal of an original model for optimization of the system of criminal legal norms on white-collar crimes, as well as formulation and substantiation of the changes needed in the current criminal legislation.
Citations count: 1
Reference:
Istomin N. —
To model of participation of interested parties in governance of the Internet on the international level
// Law and Politics.
– 2020. – ¹ 5.
– P. 90 - 109.
DOI: 10.7256/2454-0706.2020.5.32923 URL: https://en.nbpublish.com/library_read_article.php?id=32923
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Abstract:
This article analyses the multistakeholder model in the Internet governance, as well as its definition on the international level and within the doctrine. The goal consists in determining the importance and the role of participation of multiple stakeholders in the context of Internet governance, and its correlation to the interstate approach in international law. The multistakeholder model is predominantly examined as participation of the subjects of international law and private entities in Internet governance. The subject of the research is the provisions of the outcome documents of the World Summit on the Information Society, resolutions of the UN General Assembly and other bodies of the UN system, provisions of acts of other international organizations that are dedicated to development of public policy in the area of Internet governance, as well as doctrinal sources covering history of the question. The scientific novelty lies in determination of correlation of the participation of interested parties in Internet governance. It is noted that in the practice of Internet governance there are two clear approaches for implementation of this model: ran by states and international organizations, or one that is ran by private entities. The international legal acts reflect the former approach towards implementation of this model. In accordance with this approach, Internet governance activities consist in consultation of state with private entities, allowing private entities as observers, or creation of public-private partnerships aimed at solution of global issues. The leading role of the private sector is promoted by the United States and several other Western nations as an alternative to interstate multilateral approach, which contradicts the international legal acts, since the leading role in ICANN is delegated to private entities, rather than states.
Citations count: 1
Reference:
Varavenko V.E. —
Prospects of application of typical agreements of International Federation of Consulting Engineers (FIDIC) in Russia in the practice of public procurement
// Law and Politics.
– 2020. – ¹ 8.
– P. 8 - 17.
DOI: 10.7256/2454-0706.2020.8.33009 URL: https://en.nbpublish.com/library_read_article.php?id=33009
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Abstract:
The subject of this research is the general terms of three standard contracts set by International Federation of Consulting Engineers (FIDIC) in 2017 – conditions of contract for engineering, construction and installation works designed by the contractor; conditions of contract for engineering, construction and installation works designed by the employer; conditions of contract for “turnkey projects” and norms of the Federal Law “On contractual system in the sphere of procurement, works, and services for state and municipal needs; as well as bylaws in the area of public procurement and urban development, which regulate the establishment and change of conditions of construction contracts regarding the types and volume of works, their cost and deadline. The novelty of this research consists in the fact that the conditions of standard FIDIC contracts are analyzed in comparison with the current legislation of the Russian Federation on regulation of public procurement. The conducted comparison revealed discrepancies in the legal regimes of contractual relations emerging thereof. The law establishes rigid requirements to agreeing and setting conditions on the source, cost and completion time of works which impede differentiation of the level of their detailing in contract documentation, and thus the creation of a favorable environment for implementation of investment and construction projects. Excessively rigid rules of public procurement legislation pertaining to the changes of contract terms block the action of risk management procedures enshrined in the FIDIC standard contracts. As a result, the parties are not able to respond adequately and promptly to the impact of external and internal factors that affect project environment. A conclusion is made on impossibility of mutually agreed terms of application of FIDIC standard contracts and Russian legislation on public procurement without making substantial amendments to the content of standard contracts.
Citations count: 1
Reference:
Anisimova E.A. —
Public discussion of draft laws of the subjects of the Russian Federation
// Law and Politics.
– 2021. – ¹ 5.
– P. 1 - 13.
DOI: 10.7256/2454-0706.2021.5.35610 URL: https://en.nbpublish.com/library_read_article.php?id=35610
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Abstract:
The subject of the research is the theory and practice of one of the forms of direct democracy – public (public) discussion of draft laws of the subjects of the Russian Federation. The object of the study was public relations related to the regulation of the institute of public discussions of draft laws in Russian regions, as well as the participation of citizens in discussions. The general, dialectical, logical, formal-legal and sociological methods of scientific cognition are chosen for the research. The author examines in detail such aspects of the topic as the adoption by Russian regions of laws and other regulations on public discussion, the shortcomings of federal regulation of the issue, provides an overview of the practice of public discussions in a number of Russian regions, analyzes the reasons for the low efficiency of the institute. Special attention is paid to the results of the sociological survey conducted on the issue under study. The main conclusions of the study are: to identify the shortcomings of the current regulation of the democratic institution of public discussions of draft laws, to determine the reasons for the passivity of Russian citizens in relation to public discussions of normative legal acts. A special contribution of the author to the study of the topic can be considered the analysis of the practice of public discussions in the regions of the country, in addition, the author attempted to assess the prospects for the development of the legal institution in question in the Russian regions. The scientific novelty of the study lies in the identified problems of regulation and practice that currently arise in the subjects of the Russian Federation during public discussions of draft laws, as well as in the specific measures proposed by the author to eliminate the identified problems.
Citations count: 1
Reference:
Belikova K.M. —
Trends and prospects for the development and implementation of artificial intelligence in the military sphere in South Africa
// Law and Politics.
– 2021. – ¹ 9.
– P. 1 - 23.
DOI: 10.7256/2454-0706.2021.9.36076 URL: https://en.nbpublish.com/library_read_article.php?id=36076
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Abstract:
The subject of this research is the trends and prospects for the development and implementation of artificial intelligence in the military sphere of one of the BRICS member-states – South Africa in the context of national acts (for example, the Law of 2008 “On the Right of Intellectual Property for State-Funded Research and Development”), the potential and needs of this country, as well as achievements in design and manufacturing of unmanned aerial vehicles by the competitor companies (Seeker 400, MA 380, etc.). The relevance of this topic is substantiated by timely consideration of the legal perspective of the approaches of South Africa towards the implementation of artificial intelligence. The scientific novelty of this article is defined by the focus of research and the acquired results. It is determined that South Africa takes the path of institutional, legal and practical consolidation of the development of artificial intelligence in form of creation of designated infrastructure (on the premises of the universities, for example, Intelligent Systems Group at the University of Pretoria), as startups, scientific network structures (Center for Artificial Intelligence Research), etc. It is demonstrated that South Africa is the manufacturer and seller of the line of unmanned aerial vehicles that are controlled by the artificial intelligence and capable of performing various civil or military tasks – from moving cargo (including laser-guided bombs) to monitoring the territory (search and rescue or reconnaissance operations, damage assessment from natural disasters or combat operations, control conduct of fire at enemy positions, etc.).
Citations count: 1
Reference:
Vidus D. —
Do the regional trade agreements violate the WTO’s MFN regime per se?
// Law and Politics.
– 2017. – ¹ 12.
– P. 62 - 69.
DOI: 10.7256/2454-0706.2017.12.19360 URL: https://en.nbpublish.com/library_read_article.php?id=19360
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Abstract:
This article explores the relations between the regional trade agreements (RTAs) signed within the framework of the WTO or by WTO. To examine the object of relationship between RTAs and WTO, the subjects of the research are the regime of most favoured nation (MFN), regional trade agreements, as well as the legal nature of the WTO and responsibilities it sets. The author creates a visual example to demonstrate how countries violate the regime of MFN using RTAs. The work explores the practice of the Dispute Settlement Body of the WTO on this issue, as well as provides theoretical substantiation on why signing RTAs does not mean violating the law of WTO de lege lata. Theoretical conclusions of some of the research leads the author to conclude that regional trade agreements represent lex posterior or lex specialis with regards to responsibility of the states before WTO.
Citations count: 1
Reference:
Platonova N., Smyshlyaev A.V. —
Problems of normative-legal regulation of administering primary healthcare in the Russian Federation
// Law and Politics.
– 2018. – ¹ 8.
– P. 114 - 121.
DOI: 10.7256/2454-0706.2018.8.26970 URL: https://en.nbpublish.com/library_read_article.php?id=26970
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Abstract:
In the modern world, primary healthcare is the basic element of the healthcare system. To ensure its efficiency and improve state management in this area, it is necessary to improve the legislative base. The object of this research is the public relations that form in the process of organizing and carrying out primary healthcare assistance in the Russian Federation. The subject is the norms of the federal legislation, as well as legislation of the subjects of the Russian federation that regulate the order of provision of medical aid to Russian citizens. The conducted research demonstrated that the Federal Law “On the basics of primary healthcare of the citizens of the Russian Federation” and orders issued to carry out this law by the executive branches of the government have a number of contradictions, which impedes efficient regulation. The authors determine multiple relevant issues in the modern system of administration of the healthcare facilities.
Citations count: 1
Reference:
Rudakova S.V. —
Forms of Criminal Procedure Appeal
// Law and Politics.
– 2023. – ¹ 2.
– P. 20 - 31.
DOI: 10.7256/2454-0706.2023.2.39820 EDN: IGIOIO URL: https://en.nbpublish.com/library_read_article.php?id=39820
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Abstract:
Criminal procedural appeal is a special way of protecting the rights and legitimate interests of citizens and participants in legal proceedings empowered. Each part of the judicial proceedings has its element. The effectiveness of the implementation of the appeal is due to the clarity of the structuring of the relevant legal participants and their adaptation to the specifics. The purpose of this work is to formulate and raise for a wide scientific discussion the problem associated with the allocation of forms of appeal in certain parts of the division of legal proceedings and the proposal of author's approaches to its resolution.
The scientific novelty of the work is due to the fact that it is, in fact, one of the first works devoted to the analysis of the forms of criminal procedure appeal. Based on a combination of traditional scientific methods (dialectics, hypothetical, systemic, functional-structural, logical and other types of analysis, generalization, modeling, and others), a scientifically based vision of only two forms of appeal is formed: pre-trial and judicial, differing in objective and essential features. The author believes that these forms as a whole form a complex of criminal procedural appeals. The proposals contained in the study can be used in legislative activities to improve the criminal procedural norms devoted to the institution of appeal.
Citations count: 1
Reference:
Osipov M.Y. —
On the Issue of the Legal Expediency of "Automatic Sanctions" in the Russian Legal System
// Law and Politics.
– 2024. – ¹ 2.
– P. 67 - 79.
DOI: 10.7256/2454-0706.2024.2.69908.2 EDN: HAZVNC URL: https://en.nbpublish.com/library_read_article.php?id=69908
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Abstract:
The subject of the study is a critical analysis of the “theory of automatic sanctions,” which is based on the patterns of formulation and functioning of sanctions developed in the general theory of law. The study aims to determine, based on the analysis of, the patterns of formulation and functioning of sanctions as an element of the rule of law in the Russian legal system by analyzing the signs of automatic sanctions set out in these works. Also, the subject of the study is the patterns of application of sanctions in the Russian legal system, knowledge of which will allow us to draw conclusions about the advisability of the existence of “automatic sanctions” in the Russian legal system. The research methods are analysis, synthesis, induction, deduction, abstraction, generalization, modeling formal legal approach, and a variety of these methods as legal analysis. Analysis of the nature of “sanctions” shows that they are aimed primarily at protecting the existing legal order by bringing the person who violated the disposition of the legal norm to legal liability and by applying other protective measures to restore the violated legal order.
The effective application of sanctions involves establishing the following circumstances: who committed this unlawful act, whether the person is guilty of committing an offense, if sanctions provide responsibility for its commission; what measures of protection can be applied in this case to a person who has violated the legal order set out in the disposition of the legal norm, whether in this case there are circumstances excluding the wrongfulness of the act, or other circumstances excluding the application of these sanctions. All this requires implementing a law enforcement process, which makes the existence of such a phenomenon as automatic sanctions inappropriate.
Citations count: 1
Reference:
Kulichev R.B. —
Certain issues of protection of the rights of citizens in concluding a transaction under psychological duress
// Law and Politics.
– 2021. – ¹ 12.
– P. 61 - 68.
DOI: 10.7256/2454-0706.2021.12.37237 URL: https://en.nbpublish.com/library_read_article.php?id=37237
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Abstract:
This article is dedicated to the legal issues of protection of the rights of individuals who have concluded civil transactions under psychological duress, namely hypnosis. The object of this research is civil law relations that emerge in conclusion of transaction by individuals. The subject of this research is the person’s will and its characteristics in deciding to conclude a transaction under psychological coercion unrelated to physical violence, as well as legal consequences of concluding such transactions. The author examines the factors that contribute to conclusion of transactions under psychological coercion and possible reasons for psychological coercion. The article examines civil and criminal law methods of protection of the rights of citizens who concluded transactions with a defect of volition, but are legally capable and aware of their actions. The conclusion is made that the only effective way to protect the individual from concluding such transaction lies in cultivation of the will. It is noted that the key evidence in challenging such transactions is forensic psychiatry evaluation; however, its commission depends solely on the judge’s decision on a particular dispute. The author assumes that the implementation of punitive measures for coercing into conclusion of such transactions is improbable, since the law enforcement authorities would refuse to initiate a criminal case due to civil nature of the dispute. The scientific novelty of consists in carrying out a comprehensive analysis of both, civil and criminal law methods of protection of the rights of citizens who have concluded transactions with the defect of volition, and the possibility of their practical implementation.
Citations count: 1
Reference:
Yatsenko I.A. —
Key trends in modern Russian political process and ways of achieving political order
// Law and Politics.
– 2017. – ¹ 12.
– P. 39 - 48.
DOI: 10.7256/2454-0706.2017.12.19165 URL: https://en.nbpublish.com/library_read_article.php?id=19165
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Abstract:
The object of this research is the political processes in Russia. The subject of this research is the current key problems of the political process in Russia and administrational techniques for the purposes of its institutionalization. The subject is examined from not only politological and sociological perspectives, but separate attention is also given to the philosophical component of the issue. The author determines the key issues of the modern Russian political process and its trends. The research includes results from the latest academic research in the area and presents various positions of experts. The research allowed determining the key trends in current political processes in Russia, define groups of problems impeding its institutionalization and primary strategies for achieving it, as well as substantiate the choice for necessary administrational techniques.
Citations count: 1
Reference:
Mukhin I.V., Malykh I.V. —
Right of a working woman to monthly childcare allowance for children under the age of 1.5: history and modernity
// Law and Politics.
– 2019. – ¹ 3.
– P. 75 - 96.
DOI: 10.7256/2454-0706.2019.3.29167 URL: https://en.nbpublish.com/library_read_article.php?id=29167
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Abstract:
The subject of this research is the right of a working woman to monthly childcare allowance for children under the age of 1.5 as a vital opportunity in labor sphere, due to unavoidable decrease in work capacity and income with simultaneous increase in household expenses immediately following birth of a child. These circumstances require a special legal protection. The authors examine the relevant issues of passing corresponding legislation, as well as legal doctrine and case law. An original periodization of the stages of legislative consolidation of this right is proposed. The article determines the issues in legal regulation, particularly the inadequate amount of allowance, considering the increase in additional household expenses and temporary inability to work due to maternity leave. The author review the approaches towards finding balance between the interests of employees-insurers, insured parties, insurer and the government. The need for introducing corresponding amendments into the legislation is substantiated.
Citations count: 1
Reference:
Lisauskaite V.V. —
Humanitarian cooperation in the area of protection against disasters and center of disaster response – “soft power” in advancement of Russia’s interests abroad
// Law and Politics.
– 2019. – ¹ 8.
– P. 101 - 118.
DOI: 10.7256/2454-0706.2019.8.30304 URL: https://en.nbpublish.com/library_read_article.php?id=30304
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Abstract:
The subject of this research is the establishment and promotion of the international humanitarian centers as the means of “soft power” for creating a positive image of Russian in Eastern Europe and Transcaucasia. The author meticulously examines the peculiarities of the institution of “soft power”, as well as its application techniques. One of the recent is the humanitarian cooperation realizes by the Russian Federation in form of institutional international cooperation of the specially designed centers that provide humanitarian aid and other assistance in the area of protection against disasters. Special attention is given to the activity of the Russian-Serbian Humanitarian Center, its legal and political status, foreign policy issues encountered by the partnering countries. The scientific novelty is defined by the fact that the international humanitarian centers became the subject of interdisciplinary research for the first time. The author describes them as the international law institutions on one hand, and the state’s “soft power” strategy on the other. Humanitarian cooperation itself is rarely analyzed in the context of fulfilling foreign policy interests of the country. The author underlines the following facts: the importance of application of the various “soft power” techniques for creating the country’s image and advancing its foreign policy; use of humanitarian cooperation in the area of protection against disasters in this context as one of the effective methods; despite the existing opposition of Western countries, the further implementation and promotion of the activity of humanitarian centers is necessary.
Citations count: 1
Reference:
Butenko V., Mohammadi S. —
Regionalization and “new” regionalism
// Law and Politics.
– 2020. – ¹ 7.
– P. 105 - 113.
DOI: 10.7256/2454-0706.2020.7.33203 URL: https://en.nbpublish.com/library_read_article.php?id=33203
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Abstract:
This article is dedicated to the question of regionalization. The authors note that regions begin to play a more important role in the local and global political processes. Special attention is given to the “old” and “new” regionalism. The application of comparative method alongside the method of analysis and synthesis allowed determining the characteristic features of the two types of regionalism. If the “old” regionalism suggests a complicated system of relationships on different levels, partial transfer of state sovereignty, the peculiarities of “new” regionalism include the rejection of bureaucratic supranational institutions, equality of participants, and opportunity to be a member of other organizations. The article also describes the attributed to Russian and Near Eastern regionalisms. The problem of choosing the model of Russian regionalism is determined by the need for development of such value within the political culture as federalism. Despite repeated attempts, Near Eastern regionalism remains underdeveloped, which is substantiated by the simmering conflicts, ongoing wars, as well as external interference to the domestic affairs of other states. The scientific novelty consists in the comprehensive coverage of theoretical aspects of regionalism and comparison of its types. The authors conclude that the potential of “new” regionalism should be used for settlement the issues of regional (growing into global) character.
Citations count: 1
Reference:
Oleynik I.I. —
Correlation between parliamentarism and the constitutional principle of democracy
// Law and Politics.
– 2020. – ¹ 1.
– P. 1 - 24.
DOI: 10.7256/2454-0706.2020.1.27662 URL: https://en.nbpublish.com/library_read_article.php?id=27662
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Abstract:
Problems associated with the development of parliamentarism and democracy are fundamental and mostly are of polemical character. In legal science, meticulous attention is given to revelation of the essence and categorical analysis of these institutions. The theoretical-legal substantiation of their organic interrelation is being developed to a far lesser degree. The article analyzes the views of researchers upon the representative nature of legislative power, determines its place within the system of popular representation, and describes the meaning of electoral legal relations as a source of correlation between parliamentarism and democracy. The author proves that consensual declaration of will expressed by the representative legislative authority in its bills, is intended to be the permanent, legal, objectified representation of will and interest of the people. Critical assessment is given to the current state of Russian parliamentarism, which represents a dynamically development state legal institution. A conclusion is substantiated that without efficient functionality of the national mechanism of parliamentarism, the full implementation of the constitutional principle of democracy in Russian is impossible.
Citations count: 1
Reference:
Bakharev D.V. —
On the origins of anthropological criminology. Discussion on monomania (moral insanity)
// Law and Politics.
– 2020. – ¹ 2.
– P. 48 - 55.
DOI: 10.7256/2454-0706.2020.2.32112 URL: https://en.nbpublish.com/library_read_article.php?id=32112
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Abstract:
This article presents a brief excurse into the history of the conception of one of the leading movements of criminological science – anthropological criminology. Analytical review of the opinion of leading psychiatrists and forensic pathologists of the early XIX century is given regarding the facts of commission of motiveless violent crimes by individuals without evident mental disorder, which were increasingly recorded by law enforcement of that time. This phenomenon was sequentially named “delirium-free mania”, “monomania”, “moral insanity”, and other terms. The methodology is based on the retrospective analysis of the discourse field formed in the early XIX century around the phenomenon of “monomania” (moral insanity) in Russian and foreign literature on law and forensic psychiatry. The materials presented in this article allow reallocating emphases in the scientific discourse on the origins of criminal anthropology branch within criminology. The main conclusion of the conducted research consists in the fact that beginning of the study of monomania (moral insanity) should be viewed as the starting point in formation of anthropological criminology – one of the two leading branches of criminological science (alongside sociology of crime). This conclusion is made on the basis of analysis of the rarest foreign and Russian literature, most of which has not been republished for approximately 200 years.
Citations count: 1
Reference:
Kovalev A.A. —
Status of the prosecutor in the arbitration proceedings
// Law and Politics.
– 2020. – ¹ 6.
– P. 74 - 83.
DOI: 10.7256/2454-0706.2020.6.32358 URL: https://en.nbpublish.com/library_read_article.php?id=32358
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Abstract:
The object of this research is the questions of determination of legal status of the prosecutor participating in arbitration proceedings, and problematic aspects pertaining to exercise of his powers in reference to arbitration with a claim, as well as entering the proceedings in accordance with Part 5 of the Article 52 of the Arbitration Procedure Code of the Russian Federation. The subject of this research is the materials of prosecutorial law enforcement practice and case law, as well as the norms of arbitration procedure and civil procedure legislation. The following methods were applied in the course of this work: formal-logical, comparative analysis, comparison, analysis and synthesis, systemic and structural analysis for the purpose of studying separate elements of the legal status of the prosecutor. The author conducted a comprehensive research of the legal status of the prosecutor who participates in arbitration proceedings. A conclusion is drawn that the prosecutor’s status can be defined as a government representative in his participation in the proceeding upon the initiative, or in entering the proceedings in accordance with Part 5 of the Article 52 of the Arbitration Procedure Code of the Russian Federation. In order to determine the legal status of the prosecutor, the author analyzed the powers assigned by the Arbitration Procedure Code of the Russian Federation, as well as describes separated aspects that ate not regulated by the Arbitration Procedure Code of the Russian Federation. Recommendations are given on the improvement of legislation that establishes the mechanism of exercising powers of the prosecutor in the arbitration proceedings.
Citations count: 1
Reference:
Dzhankezov B.M., Chimov Z.V., Salpagarova A.A., Matakaeva G.L. —
To the question on institutional disproportion of the Constitution of the Russian Federation
// Law and Politics.
– 2020. – ¹ 7.
– P. 85 - 91.
DOI: 10.7256/2454-0706.2020.7.33391 URL: https://en.nbpublish.com/library_read_article.php?id=33391
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Abstract:
The subject of this research is the structural characteristics of the Constitution of the Russian Federation from the perspective of cross-disciplinary institutional approach. The author describes the peculiarities of application of institutional and neo-institutional methods of analysis in political science and jurisprudence. Two main vectors in application of methodology of institutional analysis in the constitutional-legal research are proposed: internal constitutional analysis of the branch of Russia’s constitutional law; and external institutional analysis, the object field of which includes interaction of the constitution with external environment of public authority and public policy. The author provides arguments for existence of institutional imbalance in the Constitution of the Russian Federation, which is substantiated by historical conditions and complexity of the state structure. Scientific novelty of the article is defined by application of cross-disciplinary methodology of institutional analysis towards studying structural specificity of the Constitution of the Russian Federation. Peculiarities of implementation of institutional analysis in political scientific and constitutional-legal research are revealed, which opens a new perspective upon correlation between various constitutional norms and institutions contained in the main law of Russia. The examples of institutional imbalance of the Constitution of the Russian Federation are demonstrated: a qualitatively and quantitatively complex model of federative structure; recognition by the Constitution of limited sovereignty of the republics as the constituent entities of the Russian Federation; entrenchment of a broad list of constitutional rights and freedoms without elaboration of the more effective mechanism of their implementation; imbalance between the rights and responsibilities; division of powers between central government and regional governments; absence of sufficient guaranteed of the system of local self-governance, etc. It is noted that to a certain extent, the ongoing constitutional reform eliminates the institutional imbalance of the Constitution of the Russian Federation, and the work in this direction should be continued.
Citations count: 1
Reference:
Shugurov M.V. —
Trends and prospects for the development of regional scientific and technological integration in the context of EAEU Digital Agenda: political-legal framework
// Law and Politics.
– 2020. – ¹ 9.
– P. 119 - 142.
DOI: 10.7256/2454-0706.2020.9.33516 URL: https://en.nbpublish.com/library_read_article.php?id=33516
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Abstract:
The subject of this article is trends and avenues for the digital transformation of scientific and technological, as well as innovation cooperation of the EAEU member-states. Systematic research is conducted on the changes in its content within political-legal framework of implementation of Digital Agenda of the Eurasian Economic Union. The author reveals the new challenges of EAEU policy in the area of science, technology and innovations, as well as ecosystem questions of scientific and technological integration in the context of transition towards the Industry 4.0. The key instruments of digitalization of scientific and technological integration are presented by the digital platforms and communication, which form the shared digital scientific and technological space of EAEU. The conclusion is made that the formation of a “digital” union and its accession into the era of industry 4.0. largely depends on the level of digital transformation of scientific and technological integration. The author’s special contribution consists in the statement that the solution of large-scale task on creation of ecosystem of digital scientific, technological and innovative space based on functionality of the corresponding institutions and digital infrastructure objects represents a new aspect of cooperation, which suggests further development of strategic and legal grounds of the aforementioned sectoral digital transformation. The explored by the author vector of development of scientific and technological integration may serve as the methodological framework for a set of measures established by the Chapter “Territory of Innovations” of the Declaration on Further Development of Integration Processes within the Eurasian Economic Union of December 2018, with emphasis on the implementation of EAEU Digital Agenda.
Citations count: 1
Reference:
Lolaeva A.S. —
Rendering public and municipal services via information and communication technologies as the element of e-democracy
// Law and Politics.
– 2021. – ¹ 12.
– P. 89 - 101.
DOI: 10.7256/2454-0706.2021.12.36505 URL: https://en.nbpublish.com/library_read_article.php?id=36505
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Abstract:
This research is dedicated to the issues of rendering public and municipal services via information and communication technologies as the element of e-democracy. The relevance of this topic is substantiated by the overall digitalization of public relations, including the provision of public services. The article covers the question of the emergence and development of the institution of public and municipal services; determines the essence of rendering public and municipal services along with the peculiarities of their legal regulation; demonstrates the transformation of the right of citizens to appeal to the government; describes the purpose of the administrative reform and the concept of its implementation; characterize the powers of the executive authorities exercised through multifunctional centers; establishes the forms of interaction between the executive authorities and multifunctional centers in the context of administrative reform; indicates the current state of the model instilled in the existing concept of rendering public services. The scientific novelty consists in the fact that within the framework of legal research of the problems and prospects of rendering public and municipal services via information and communication technologies as the element of e-democracy, substantiation is given to the authorial approaches towards definition of public (municipal) services provided in digital form. The conclusion is formulated that the prospect for the improvement of the quality of public services became the concept MFC 2.0, which suggests that 90% of the country's population would have access to the system of rendering public and municipal services in digital form. This creates a reliable platform for the activity of institutions of e-democracy, as well as participation in democratic processes and procedures in digital format.
Citations count: 1
Reference:
Egorov S. —
Legal Regulation for Ensuring the Integrity of the Russian Scientific Certification System
// Law and Politics.
– 2022. – ¹ 12.
– P. 56 - 69.
DOI: 10.7256/2454-0706.2022.12.38620 EDN: MZWGCU URL: https://en.nbpublish.com/library_read_article.php?id=38620
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Abstract:
This article is devoted to the issue of preserving the integrity of the Russian state system of scientific certification in the context of the growing diversity of regulatory and legal acts, as well as practices for awarding academic degrees. The recent expansion of the autonomy of a number of scientific and educational organizations raises a number of doubts, primarily related to the ability to ensure equal rights and opportunities for applicants for academic degrees in different parts of the system. This article provides a comparative analysis of state acts and regulatory acts of organizations that carry out procedures for the independent awarding of academic degrees. In the course of this study, three subsystems were identified that operate according to comparable rules but provide different rights and opportunities. The first subsystem is dissertation councils under the leadership of the Higher Attestation Commission and Russia’s Ministry of Education and Science. There, a place is occupied by special dissertation councils, in which the applicant avoids the publication of articles and the text of the dissertation, as well as other publicity requirements. The second subsystem is formed by scientific and educational organizations found on a special list. Similar norms and requirements apply within the framework of their local regulations, but there are also noticeable differences. These include reducing the number of dissertation councils, including candidates of sciences in them, the possibility of defending a candidate's thesis in the form of a scientific report, etc. The third subsystem includes spiritual education organizations awarding theological degrees. The ambiguity of the attitude toward such degrees remains at the federal legislation level. Theological degrees are recognized along with other academic degrees during state licensing and accreditation procedures, but their holders are not guaranteed mandatory surcharges, apostille affixing, etc. The analysis made it possible to identify indicators that are important for checking the integrity of the system and determining the direction of its improvement.
Citations count: 1
Reference:
Gorban V.S. —
Impact of Hegel’s philosophy upon the formation and development of Jhering’s doctrine on law (the beginning)
// Law and Politics.
– 2017. – ¹ 5.
– P. 77 - 97.
DOI: 10.7256/2454-0706.2017.5.22214 URL: https://en.nbpublish.com/library_read_article.php?id=22214
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Abstract:
The subject of this research is the question of succession and novelty of Jhering’s teaching on law that ie examined from the perspective of ideological origins in Hegel’s philosophy. Among the philosophical and jurisprudential schools and disciplines, which significantly affected the establishment and transformation of Jhering’s legal understanding, the decisive role belonged to the entire philosophical system of Hegel, including philosophy of law, history, religion, and logic. Historical legal studies usually point at the very fact of influence of Hegelian philosophy upon the formation of Jhering’s legal worldview, leaving aside such important aspect as: which specific logical and conceptual constructs were critically and non-critically interpreted by Jhering; character and level of such influence; which meaning carried Hegel’s philosophy for the formation of Jhering’s teaching on law. The scientific novelty of this work consists in determination and description of the direct impact of Hegel’s philosophy upon the establishment and transformation of the legal worldview of Jhering at various stages of his creative path. The conducted research allowed proving the original hypothesis that Hegel’s philosophy at times had stronger effect that the historical school of law in development of Jhering’s legal understanding. Identification of the separate successive features in Jhering’s legal understanding with regards to Hegelian philosophy pointed at the elements of novelty in accordance with Jhering’s expression – “enrichment of jurisprudence using philosophical legal means”.
Citations count: 1
Reference:
Belikova K.M. —
Procedural aspects of protection of scientific information in the context of the acting legislation on intellectual property in BRICS countries: the experience of India
// Law and Politics.
– 2019. – ¹ 5.
– P. 1 - 17.
DOI: 10.7256/2454-0706.2019.5.29684 URL: https://en.nbpublish.com/library_read_article.php?id=29684
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Abstract:
The subject of this research is the means of procedural (criminal-legal, civil-legal, administrative-legal, etc.) protection of scientific information in one of the BRICS member-states – India, viewed through the prism of the force of statutory law in form of the acts on intellectual property of this country (“Copyright Act”, 1957; “Patents Act”, 1970); procedure (Code of Criminal Procedure, 1873; Code of Civil Procedure, 1908) and others in the last revision; case laws developed within the framework of acting precedent law and provisions of the doctrine. The author draws a conclusion that the fairly new method of dispute settlement such as arbitration along with the traditional, time-proven civil-legal (damages, suit for a declaration, and others) and criminal-legal (imprisonment and others) means of protection are in the focus of attention of the Indian legislator for the purpose of protection of scientific information. The scientific novelty lies in the comprehensive consideration and analysis of the approaches of legislator and representatives of judicial branch towards the procedural aspects of protection of scientific information.
Citations count: 1
Reference:
Kirakosyan S.A. —
On classification of obligations of property owners in a multi-unit building
// Law and Politics.
– 2020. – ¹ 8.
– P. 112 - 122.
DOI: 10.7256/2454-0706.2020.8.33320 URL: https://en.nbpublish.com/library_read_article.php?id=33320
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The subject of this research is the classification of obligations of property owners in a multi-story building, as well as their maintenance. The need for studying the classification of responsibility of property owners dictated by scientific and practical importance: the disclosure of the content of responsibilities reveals the essence of burden of the content of individual accommodation and shared property in a multi-unit building, as well as the due and socially proper behavior of obliged entities – the property owners. For determining the criteria for classification of obligations of property owners, the author analyzes the provisions of housing and civil legislation. There is no research on the system of obligations of property owners within the science of civil and housing law. For eliminating the theoretical gap, the author attempts to classify the obligations of property owners in a multi-unit building, as well as examine their content. A new perspective upon the classification of obligations based on various criteria is suggested. Special attention is turned to the characteristics of obligations of property owners as a landlord and as a neighbor. The criterion for division of such obligations consists in qualitative characteristic of the status of property owner: owner-landlord and owner-neighbor, and the obligations assigned thereof. The conclusion is made that the owner of accommodation in a multi-unit building is distinguished by care for the property, willingness to contribute economically, and reasonable neighborliness.
Citations count: 1
Reference:
Gorokhova S.S. —
On amendments to the Third Chapter of the Constitution of the Russian Federation: what is new?
// Law and Politics.
– 2020. – ¹ 9.
– P. 1 - 14.
DOI: 10.7256/2454-0706.2020.9.33400 URL: https://en.nbpublish.com/library_read_article.php?id=33400
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The subject of this research is the novelties in constitutional legislation of the Russian Federation, namely legal provisions that supplemented the main law of the country in 2020. Alongside the renewed constitutional norms, the author analyzed the related articles of the current Russian legislation, as well as separate regulatory provisions of constitutional nature of the foreign countries. The scientific novelty of this work is substantiated by the objective factors associated with recent amendments to legal matter of the Constitution of the Russian Federation of 1993, and thus, practically full absence of scientific legal research on this topic. The author also notes the primary importance of studying the renewed basic constitutional provisions for academic community, as well as the entire Russian society. In conclusion, it is noted that the Third Chapter of the Constitution of the Russian Federation dedicated to federative structure undergone significant changes. Despite the fact that there are certain questions to revision and location of some newly accepted constitutional norms, the results of the Russian Constitutional Referendum of July 1, 2020 give an overall positive assessment of the new version of the Constitution of the Russian Federation.
Citations count: 1
Reference:
Konysheva E.G. —
"Competitive" head of the municipality: analysis and prospects of use
// Law and Politics.
– 2020. – ¹ 11.
– P. 1 - 9.
DOI: 10.7256/2454-0706.2020.11.34255 URL: https://en.nbpublish.com/library_read_article.php?id=34255
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The subject of the study is the organizational model of local self-government introduced by Federal Law No. 8-FZ of February 3, 2015, which provides for the election of the head of the municipality by the representative body of the municipality from among the candidates submitted by the competition commission based on the results of the competition. The purpose of the work is to give a comprehensive assessment of the organizational model of the "competitive" head of the municipality and determine further prospects for its use, for which the tasks are set to consider the main features of the organizational model of the "competitive" head of local self–government and identify their strengths and weaknesses. In his work, the author relied on general scientific and private scientific research methods, namely: analysis, synthesis, historical method, modeling method, special legal method, etc.  The results of the study of the organizational model of the "competitive" head of the municipality revealed a number of significant shortcomings, on the basis of which the inexpediency of the widespread use of the model in question and the need for a selective approach depending on the type of a particular municipality is shown. The scientific novelty of the conducted research is due to objective factors of reality and consists in substantiating practical problems by the lack of theoretical development of the specified organizational model of local self-government. As a result, legislative solutions aimed at improving legal regulation in the field of organizational foundations of local self-government through the wider use of the institute of rotation are proposed.
Citations count: 1
Reference:
Belikova K.M. —
Contractual networks and their Impact upon consumer well-being: legal regulation and prospects
// Law and Politics.
– 2021. – ¹ 8.
– P. 1 - 12.
DOI: 10.7256/2454-0706.2021.8.35998 URL: https://en.nbpublish.com/library_read_article.php?id=35998
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The subject of this research is the contractual (business) networks and their impact upon consumer well-being from the perspective of current legal regulation and prospects. As an example, the author chose an Italian model il contratto di rete. Attention is focused on such questions associated with the activity of contractual networks as the advantages for the companies that are part of the network with or without legal capacity; consumers; the so-called “beneficiary members”, who are not the parties to the network creation agreement, but may have benefits or costs from interaction of its members. The novelty of this research consists in determination of the advantages and disadvantages of the activity if contractual networks. It is also noted that the current trend towards creating business networks on a contractual basis (legal entity or contract) is carried out in terms of complementarity and economic autonomy for the purpose of obtaining competitive advantages by increasing productivity, innovation potential, profitability, etc., and raises issues on the liability with regards to binding results of network cooperation through creating a special form of their secondary impact upon the beneficiary members.
Citations count: 1
Reference:
Gorban D.V., Efremova O.S. —
The conceptual theoretical model of penal characteristics of an individual sentenced to imprisonment
// Law and Politics.
– 2019. – ¹ 3.
– P. 21 - 32.
DOI: 10.7256/2454-0706.2019.3.22937 URL: https://en.nbpublish.com/library_read_article.php?id=22937
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The subject of this research is the penal characteristics of an individual sentenced to imprisonment. The object of this research is the social relations emerged in the process of determining penal characteristics of an individual sentenced to imprisonment. The goal is to conduct a comprehensive analysis of penal characteristics of a convict and suggestion of solutions to the problem in the indicated area of scientific knowledge. The main objectives of the study are: definition of the concept of penal characteristics of a convict; consideration of various approaches of penal law scholars towards the problem of penal characteristics of a convict; suggestion of the original model for determining penal characteristics of a convict. In the course of this research, the author develops the conceptual theoretical model of penal characteristics of a convict, which carries an applied character and can be used in taking a special census of convicts sentenced in 2018-2019. The obtained conclusions can be valuable for the employees of correctional facilities of penal system, as well as further scientific research on the topic.
Citations count: 1
Reference:
Paramokhina A. —
The transformation of sociopolitical orientation of small and medium business in modern Russia
// Law and Politics.
– 2018. – ¹ 5.
– P. 1 - 9.
DOI: 10.7256/2454-0706.2018.5.26246 URL: https://en.nbpublish.com/library_read_article.php?id=26246
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Abstract:
The subject of this research is the evolution of sociopolitical orientations of small and medium business in the post-Soviet period. The activity of representatives of the aforementioned socioeconomic group is an essential factor of development of the market relation and establishment of the middle class, which is the foundation of civil society, as well as the guarantor of sustainability of liberal democracy in the developed democratic states. Therefore, the problem of formation of the sociopolitical orientations of the Russian small and medium entrepreneurship in post-Soviet time is relevant. The main conclusion consists in the fact that the representatives of small and medium business of 1990’s, although fragmentary, but positively overall, perceived the implemented liberal values, practically without demonstrating the paternalistic moods. At the same time, the absence of effective protection of their interests by the state encouraged the distrust in government. Throughout the 2000’s the statist trends in politics, the course towards “restoring the order” led to the shift in orientations of the small and medium business, the more positive (or neutral) apprehension of government and revival of the paternalistic moods. In addition, the entrepreneurs have demonstrated the high level of alienation from any socio-corporate forms. The evolution of sociopolitical orientation of the substantial segment of entrepreneurs is a factor that suppresses the establishment of civil society and challenges the likelihood of democratization of the Russian political system on the Western model.
Citations count: 1
Reference:
Chertkov A.N. —
Borders of the subjects of the Russian Federation: establishment, clarification and changes
// Law and Politics.
– 2019. – ¹ 11.
– P. 67 - 75.
DOI: 10.7256/2454-0706.2019.11.31270 URL: https://en.nbpublish.com/library_read_article.php?id=31270
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Abstract:
The subject of research in this article is the processes of legal regulation and the law enforcement practice of establishing, changing and clarifying the borders between the subjects of the Russian Federation. The object of this research is the public relations pertaining to the territory and borders of the subjects of the Russian Federation. Special attention is devoted to determining the general trends and legal issues in this area, starting with the terminological differences of the procedures concerning interregional borders and ending with the search for the solutions to the practical and legislative establishment of the territorial status of the subjects of the Russian Federation. Analysis is conducted on the federal and regional legislation on the issues of borders between the subjects of the Russian Federation, revealing the problems and limitations in realization of some recommendations of federal authorities in this area. Arguments are provided on the balanced approach towards delineation of the processes of establishment, changes and clarification of the borders between the subjects of the Russian Federation, as well as unallowability of destabilization of the situation. It is proved that the borders between the subjects of the Russian Federation are usually established and recognized, but in number of instances require improvements in their description, clarification, as well as potential changes. The author proposes a concept of special federal legislation that would regulate border issues between the subjects of the Russian Federation, as well as clarification of the procedures of changing the borders of the subjects of the Russian Federation.
Citations count: 1
Reference:
Golubev F.A. —
Criminalistic characteristic of investigation of undue influence upon critical information structure of the Russian Federation
// Law and Politics.
– 2020. – ¹ 10.
– P. 50 - 59.
DOI: 10.7256/2454-0706.2020.10.33985 URL: https://en.nbpublish.com/library_read_article.php?id=33985
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Abstract:
This article provides comprehensive description of the crime established by the Article 274.1 of the Criminal Code of the Russian Federation. The subject of this research is the crimes in the area of information technologies and their circumstances set by the Article 274.1 of the Criminal Code of the Russian Federation, as well as comprehensive characteristic of criminal impact upon the critical information infrastructure of the Russian Federation. The subject of research also includes the concept of the object of infringement – the critical information structure of the Russian Federation, isolated circumstances of the instance of crime that determine the nature and dynamics of criminal activity thereof, classification and criminalistic characteristic of the objects of crime, essential evidence of unfavorable consequences of undue influence upon critical information structure of the Russian Federation. Definition is given to the concept of the object of infringement – the critical information structure of the Russian Federation. The author examines isolated circumstances the instance of crime that determine the nature and dynamics of criminal activity thereof. Classification and criminalistic characteristic are given to the objects of crime; essential evidence of unfavorable consequences of undue influence upon the critical information structure of the Russian Federation is identified and analyzed. The author concludes that taking into consideration the fact that currently there is no practice, guidelines, recommendations on investigation and detection of crimes established by the Article 274.1 of the Criminal Code of the Russian Federation, the crimes that fall under the indicated category have even grater latency compared to other crimes of the Chapter 28 of the Criminal Code of the Russian Federation, which necessitates the development of guidelines, recommendations, normative legal and local acts on detection, investigation and prevention of crimes in the area of computer technologies.
Citations count: 1
Reference:
Belikova K.M. —
Legal position of companies engaged in business activities in China. What you need to know when establishing a company?
// Law and Politics.
– 2017. – ¹ 5.
– P. 27 - 41.
DOI: 10.7256/2454-0706.2017.5.22831 URL: https://en.nbpublish.com/library_read_article.php?id=22831
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Abstract:
The subject matter of this article comprises legal aspects of different kinds of companies engaged in business activities in one of the BRICS countries and the partner of Russia – China, from the perspective of preference of doing business the work characterizes main features of each of the countries. This research includes the most important facets of their functions, from establishment to liquidation. Special attention is paid to the question of issue and characteristics of the shares, the rights and obligations of the parties, as well as the order of functions of the administration. From this position the author uses general scientific methods (system analysis and synthesis of normative and practical materials, etc.) and special legal methods of legal research (comparative, of interpretation of legal norms, etc.). The main conclusions of the study are, in particular, provisions according to which it iss established that national peculiarities of legal framework of activities of business companies in China are manifested in the conditions of formation of the authorized capital (the timing, amounts and types of payment, including payments at the time of registration), in the terms permitted by law to their participants; in the definition of the laws with regard to the quorum of the General meetings and number of votes for adoption of their decisions; in the composition, competence and responsibility of the Board of Directors and Supervisory Board; in the requirement of PRC law to establish companies and ensure the work of the Communist Party and Trade Unions; in the procedure of liquidation that requires uniform implementation stages. The results presented in this article are the source of relevant and up to date information about the existing law of one of the fastest growing countries in the world, and thus can be useful for practitioners with ties to China, as well as law enforcement bodies in Russia. It also serves as a source of valuable information that enriches the domestic private law.
Citations count: 1
Reference:
Bayanov D.A. —
Sanctions of norms of the Criminal Code of the Russian Federation on crimes in the area of entrepreneurship
// Law and Politics.
– 2017. – ¹ 6.
– P. 63 - 77.
DOI: 10.7256/2454-0706.2017.6.22943 URL: https://en.nbpublish.com/library_read_article.php?id=22943
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Abstract:
The subject of this research is the sanctions of norms of the Criminal Code of the Russian Federation (CCRF) on crimes in the area of entrepreneurship. The author conducts a detailed analysis of the aforementioned sanctions from the perspective of criminal punishments used in their structuring, as well as evaluates the level of alternativeness of such sanctions and justification of application of the cumulative construct of sanctions by a legislator. The author also examines the limits of the sanctions, and calculates the medians of punishment in form of penalty and incarceration. In addition, the article compares the size of penalty and prison sentences stipulated by sanctions of norms of the Criminal Code of the Russian Federation on crimes in the area of entrepreneurial activity for the purpose of establishing the presence (or absence) of correlations between them. The author comes to a conclusion that there is no uniform scientific approach towards the structuring of sanctions of norms of the CCRF on crimes in the area of entrepreneurial activity, which manifests in a number of major flaws of the sanctions: 1) insufficient fluency in escalation of repression of a punishment within the alternative sanctions; 2) illogical and inefficient implementation of a cumulative construct of sanctions by a legislator; 3) excessive range of the limits of crimes within the sanction, which unreasonably expands the frames of judicial discretion and affects the infliction of just punishment. Thus, it necessitates the establishment of a solid scientific foundation for structuring the sanctions of norms pertaining to crime in the area of entrepreneurship.
Citations count: 1
Reference:
Farkhutdinova Y.A. —
Domestic and foreign experience of legal regulation of the procurement of goods, work, services to provide state and municipal needs from a single supplier, contractor, executor
// Law and Politics.
– 2017. – ¹ 8.
– P. 73 - 90.
DOI: 10.7256/2454-0706.2017.8.23702 URL: https://en.nbpublish.com/library_read_article.php?id=23702
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Abstract:
The article is devoted to the analysis of foreign and domestic legislation regulating of the procurement of goods, work, services to provide state and municipal needs from a single supplier, contractor, executor. A retrospective analysis of the domestic and foreign legislation of non-competitive methods of public procurement was carried out. A comparative analysis of domestic and foreign experience of legal regulation of the procedure of procurement of goods, work, and services from a single supplier, contractor, executor has been made. The purpose of this work is to identify ways of improving the legal regulation of non-competitive methods of procurement to ensure state and municipal needs, based on domestic and foreign experience of using various types of the non-competitive procurement procedures and application of various types of civil legal instruments for regulation of contractual relationships. The work used empirical methods of comparison, description, interpretation, theoretical methods of formal and dialectical logic, specific scientific methods (juridical-dogmatic method and interpretation of legal norms).Based on the conducted research the author proposes fixing the procedure for concluding a framework agreement in the domestic legislation in the sphere of state and municipal procurement, as well as providing the register of qualified suppliers and contractors by types of goods supplied, works performed, or services rendered; application by officials of contractual services of simplified methods of procurement using a bank card in case of purchasing from a single supplier in accordance with clauses 4, 5, part 1, article 93 of the Federal law from 05.04.2013 ¹ 44 «About contract system in sphere of the public procurement goods, works and services for state and municipal needs»
Citations count: 1
Reference:
Karimov V.K. —
The impact of modern information and telecommunication technologies upon firearms and munition trafficking
// Law and Politics.
– 2019. – ¹ 1.
– P. 40 - 45.
DOI: 10.7256/2454-0706.2019.1.28693 URL: https://en.nbpublish.com/library_read_article.php?id=28693
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Abstract:
The object of this research is the social relations in the area of firearms trafficking. The subject of this research is the legal norms regulating the order of acquisition, possession, carrying of arms, as well as criminal responsibility for the illegal arms trafficking. The author gives attention to how the information technologies change the methods of committing crimes. The article underlines the danger produced by information through the Internet upon the young generation, which substantiates the commitment of firearms-related crimes. The author also points at the gaps in legislation that allow acquiring firearms for criminal purposes. The scientific novelty consists in examination of the questions of illegal arms trafficking using the Internet, particularly, the recently emerged new methods of committing such crimes, which did not receive due coverage in the scientific literature; as well as identification of the gaps in statutory regulation. The author makes recommendations on the improvement of regulation, and implementation of state policy with regards to crime prevention in the are of illegal arms trafficking.
Citations count: 1
Reference:
Grigorev I.V., Kudryashova N.A. —
The role of the Prosecutor’s Office of the Russian Federation in protection of citizens’ right to essential medicines
// Law and Politics.
– 2019. – ¹ 8.
– P. 130 - 139.
DOI: 10.7256/2454-0706.2019.8.30407 URL: https://en.nbpublish.com/library_read_article.php?id=30407
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Abstract:
The subject of this research is the peculiarities of the work of Prosecutor’s Office of the Russian Federation pertinent to protection of citizens’ rights to essential medicines. The article examines the questions of legal regulation on the citizens’ access to essential medicines, as well as the powers of the Prosecutor’s Office in this regard. The authors meticulously analyze the results of prosecutors’ oversight activities in different subjects of the Russian Federation for the past two years. Special attention is given to the prosecutors’ work on eliminating violations and introducing recommendations on lodging complaints with the court. The scientific novelty lies in the comprehensive study of legal issues related to the protection of citizens’ right to essential medicines by the Prosecutor’s Office of the Russian Federation. Among the most meaningful results obtained in the course of this research is the formulation of proposition on improving the current legislation on the protection of citizens’ health, subject of prosecutor’s oversight and administrative liability for violating citizens’ rights, as well as the established law enforcement practice.
Citations count: 1
Reference:
Maksimova T., Markova T. —
Questioning or reading out the testimony of a minor in Russian criminal procedure
// Law and Politics.
– 2023. – ¹ 4.
– P. 1 - 13.
DOI: 10.7256/2454-0706.2023.4.40531 EDN: RBZFZO URL: https://en.nbpublish.com/library_read_article.php?id=40531
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Abstract:
The article examines the right of the court not to summon a minor victim or witness to a court session for questioning and the possibility of announcing his testimony, which was previously given during the preliminary investigation, if technical means of recording his production were used during the interrogation with the help of video recording or filming. This problem is investigated in the context of the relationship between the immediacy of the trial, the right of the accused to defense, and above all the right of the accused to personally interrogate witnesses against him, as well as the need to protect minor victims and witnesses, providing them with additional guarantees. The subject of the study is not only the norms of the Criminal Procedure Code of the Russian Federation, but also international legal acts. The article for the first time examines the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, which establish additional criteria for assessing the legality and validity of the disclosure of the testimony of minor victims and witnesses, including the conduct of a confrontation between these persons and the accused; the presence of legal representatives and a psychologist during the interrogation of minors; video recording of the interrogation at the preliminary investigation. The article formulates proposals for improving the norms of criminal procedure legislation, taking into account the balance of interests of the parties and the rights of minor participants in the process. In particular, it is proposed to conduct an interrogation of a minor in court in the absence of the defendant by his defender.
Citations count: 1
Reference:
Ksendzov Y. —
Preventative measures in form of a restriction of certain actions, collateral, and house arrest: questions of their correlation and practices of application
// Law and Politics.
– 2020. – ¹ 8.
– P. 67 - 84.
DOI: 10.7256/2454-0706.2020.8.33533 URL: https://en.nbpublish.com/library_read_article.php?id=33533
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Abstract:
The subject of this research is the norms of criminal procedure legislation regulating the application of preventative measures in criminal proceedings, as well as court decisions made on the basis of the results of processing applications on selection of preventative measures. Based examination of law enforcement practice, the expert observations and proposals in scientific literature, the author carefully analyzes the flaws of the current system of preventative measures in the criminal procedure, problematic aspects of correlation of restriction of certain actions, collateral, house arrest, as well as separate restriction, imposition of which upon a suspect (accused) is allowable in accordance with Part 6 of the Article 105.1 of the Criminal Procedure Code of the Russian Federation. The conclusion is made that the current system of preventative measures is not perfect, and practical application of various preventative measures reveals the formality of the established hierarchical structure of preventative measures in the criminal procedure legislation from soft to a more strict form. Analysis of case law demonstrates the it is often impossible to clearly and unambiguously demarcate the measures of prevention on form of a restriction of certain actions and collateral, restriction of certain actions and house arrest, which leads the author to conclude on the reasonableness of regulation of restriction of certain actions as another form of procedural compulsion.
Citations count: 1
Reference:
Paukova Y.V. —
On the need to reform the Institution of undesirability of stay (residence) of foreign citizens in Russia in the conditions of digitalization
// Law and Politics.
– 2021. – ¹ 1.
– P. 23 - 33.
DOI: 10.7256/2454-0706.2021.1.34942 URL: https://en.nbpublish.com/library_read_article.php?id=34942
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Abstract:
The subject of this research is the legislative provisions on undesirability stay (residence) of foreign citizens and stateless persons in Russia, as well as the established law enforcement practice. The object this research is the social relations developed in the process of rendering decisions by the federal executive authorities on undesirability of stay (residence) and their enforcement. The goal of this work consists in formulation of recommendations on reforming the institution of undesirability of stay (residence) of foreign citizens and stateless persons in Russia in the conditions of digitalization of the government actions. The article examines the grounds for making decisions on undesirability of stay (residence) of foreign citizens in Russia, the powers of the departments, and the consequences of decisions made on foreign citizens and stateless persons. Substantiation is made on the need for changes in the grounds for decision-making on undesirability of stay (residence) of foreign citizens in Russia. The author proposes the development and implementation of the “Automated System of Migration Control” using the advanced computer technologies based on the “rating” of a foreign citizen or stateless person. Such system will determine the period for restricting entry with consideration of all circumstances pertaining to the individual and crimes they committed. It is recommended to legislate the possibility of annulment of a decision on undesirability of stay (if the grounds thereof no longer exist) or suspension (if, for example, a stateless person has been issued a “temporary identification document of a stateless person”).
Citations count: 1
Reference:
Belikova K.M. —
Specificity of the network model of innovation activity in biomedical sector in the context of protection of intellectual property
// Law and Politics.
– 2021. – ¹ 6.
– P. 58 - 83.
DOI: 10.7256/2454-0706.2021.6.35790 URL: https://en.nbpublish.com/library_read_article.php?id=35790
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Abstract:
This article aims to prove the working hypothesis, as well as determine and analyze the peculiarities of the network model of open innovation activity in biomedical sector in the context of protection of intellectual property in Russia and abroad, based on examination of the real projects implemented within the framework of this strategy by the organizations (for example, Structural Genomics Consortium) and companies (Bayer, AstraZeneca, FabRx, Biogen, Vertex Pharmaceuticals). The article employs the methods of induction and deduction, formal and dialectical logic for revealing the benefits of network cooperation and open innovation strategy, which substantiates the objective need for the business strategies, methods and mechanisms for the production and protection of scientific information and results of intellectual property in the context of development of new technologies (such, blockchain), which are discussed in the article. The relevance, theoretical and practical importance of the conducted research lie in the fact that the network “open” and traditional “closed” methods of production of the new scientific knowledge have their merits and flaws that may influence the scientific progress and innovation-driven growth. The experience of foreign institutes, scientific centers, and companies can be valuable in seeking the answers to the analogous questions associated with the development, substantiation, and recognition of collaborations based on the open innovations of the Russian Federation. The results acquired by the author are also reflected in the ideas that in the sphere of biotechnologies, the projects implemented in within the open innovations strategy may have different configurations (domestic and supranational), however pursuing a single goal – to create a more effective specific therapy for various diseases, which would promote network collaboration, and by common consent, can be achieved via three vectors of research, while legal certainty and security can be ensured by blockchain technology.
Citations count: 1
Reference:
Parfenov A. —
Present state of the system of Russian language testing, knowledge of history and the basics of Russian legislation
// Law and Politics.
– 2017. – ¹ 7.
– P. 19 - 47.
DOI: 10.7256/2454-0706.2017.7.23398 URL: https://en.nbpublish.com/library_read_article.php?id=23398
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Abstract:
This article is dedicated to the system of Russian language testing, knowledge of history and basics of legislation of the Russian Federation. The subject of this research is the realization by the government bodies, organizations, and other involved actors of positions of paragraph 8 of the Article 15.1 of the Federal Law No. 115-FZ of July 25, 2002 “On the Legal Status of Foreign Citizens in the Russian Federation”. The goal of this work consists in describing the current practice of implementation of the indicated norm in 85 constituents of the Russian Federation for further formulation of recommendations regarding its improvement. The article provides the research results of one of the components of the system of linguistic-didactic testing – the regional system of Russian language testing, knowledge of history and basics of legislation of the Russian Federation. During the course of this research, the author had analyzed over 120 normative acts, surveyed 509 respondents, 412 of whom are employers of the organizations responsible for carrying out the test, and 97 persons – officers of the regional branches of the Ministry of Internal Affairs.
Citations count: 1
Reference:
Popov E.A. —
Legal life of individual and society as the object of research in legal studies and social sciences
// Law and Politics.
– 2018. – ¹ 1.
– P. 1 - 7.
DOI: 10.7256/2454-0706.2018.1.25321 URL: https://en.nbpublish.com/library_read_article.php?id=25321
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Abstract:
This article examines the phenomenon of legal life of the individual and society. Determination is made on the role of legal life in development of public relations and the state legal system in general. Legal life is being examined within a number of other independent phenomena – legal reality, legal mentality, and law. Within the academic discourse, these phenomena correlate as: 1) those that complement each other in the context; 2) those that demonstrate the dynamics of formation and formalization in the society of legal values, which are based on maintaining traditional values and norms; 3) those that comprise the necessary elements for any legal system in any historical period; 4) those that affect formation of one or another legal norm or precept; 5) those that determine the character of relations with various structures of law. Determining the peculiarities of legal life of the individual and society has undisputed value for modern scientific knowledge. It is the legal life that encompasses all spheres of human individual and collective being, and affects traditional values and norms.
Citations count: 1
Reference:
Solomko Z. —
Ideologeme of Rechtsstaat (rule of law): revealed and rejected
// Law and Politics.
– 2019. – ¹ 8.
– P. 48 - 60.
DOI: 10.7256/2454-0706.2019.8.30661 URL: https://en.nbpublish.com/library_read_article.php?id=30661
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Abstract:
The object of this research is the mainstream discourse on Rechtsstaat – first and foremost, as it established in the post-Soviet academic legal awareness. The subject of this research is the concept of 'Rechtsstaat (rule of law) as an objectively substantiated ideologemes of modern society, characterized by some consistent patterns. The author analyzes the fundamentals of this concepts along with its functionality, criticizing the widespread within the modern academic jurisprudence ideology-driven perception of Rechtsstaat (rule of law) as a universal political-legal ideal of modernity. Methodological foundation is the authentic and early Soviet Marxist theory of law, concepts of the global class society and dependent peripheral capitalism, ideas of the representatives of the contemporary Western critical legal doctrine. The concept of Rechtsstaat is viewed as an objective intellectual form of capitalist society, which misinterprets the essence of the bourgeois state and legal order, as well as an element of the legal form of social relations. In the context of the global class society, such misinterpretation attains a specific ideological functionality. The author believes that the establishes within the post-Soviet academic legal doctrine mainstream field of perception of Rechtsstaat, considering its ideological nature, sidesteps the key problem of the modern Russian legal order: objective impossibility of formation in modern Russia of the Western type regimes of “rule of law”, substantiated by the specific character of post-Soviet capitalism.
Citations count: 1
Reference:
Embulaeva N., Shapovalov A., Sluchevskii V.G. —
Transformation of Certain Principles Governing the Formation and Activity of Public Authorities
// Law and Politics.
– 2022. – ¹ 11.
– P. 14 - 22.
DOI: 10.7256/2454-0706.2022.11.39308 EDN: TIYVYM URL: https://en.nbpublish.com/library_read_article.php?id=39308
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Abstract:
The focus of this study is public relations pertaining to the implementation of specific principles governing the establishment and operation of public authorities at various levels. The analysis centers on the principle of electing officials for legislative bodies at the state and local self-governance levels, as well as the heads of Russian Federation regions. The author explores the transformation of principles guiding the actions of public authorities by examining the interplay between public and private interests within the structures of power. Special attention is given to the principles of upholding citizen trust in state actions, the preservation of individuals, and the accountability of authorities to voters (including the institution of recalling elected officials). The study's key findings propose the incorporation of educational qualifications for officials in federal and regional government bodies into legislation. It is deemed appropriate to establish a requirement of higher education for individuals seeking positions such as state leaders, regional heads, and legislative deputies. Additionally, mechanisms for recalling all elected officials should be established in legislation, enabling the population to remove dishonest officials who fail to uphold the trust placed in them. Given demographic challenges, it is also advisable to enshrine the principle of safeguarding the well-being of individuals in the activities of public authorities.
Citations count: 1
Reference:
Sheirenov Z.N. —
Grounds for finding a legal entity to be the subject of criminal liability for corruption crimes
// Law and Politics.
– 2020. – ¹ 7.
– P. 92 - 104.
DOI: 10.7256/2454-0706.2020.7.32962 URL: https://en.nbpublish.com/library_read_article.php?id=32962
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Abstract:
The object of this research is the question of criminal liability of a legal entity for corruption crimes. The subject of this research is the theoretical views of the scholars upon legal nature of a legal entity, as well as the experience of foreign countries in which legal entity is a subject of criminal liability. The author explores the field experience of foreign countries, in which legislation establishes the institution of collective liability for socially dangerous acts committed by private entities. The article also analyzes different perspectives of Russian scholars upon the nature of collective institution and its vicarious liability for the acts of private entities. The scientific novelty consists in turning attention to the fundamentals of the theory and other branches of law, in which a legal entity is full subject of legal relations, and along with the rights and responsibilities, possesses a tort law’s capacity. It is concluded that legal entity has all essential characteristics of the subject of law for its recognition as a subject of criminal liability. The author also notes the effectiveness and necessity of the institution of legal liability of a legal entity in the national legislation as a productive criminal law instrument for countering corruption.
Citations count: 1
Reference:
Makarov V.O. —
The impact of distancing upon the organizational-legal means of the Russian judicial system
// Law and Politics.
– 2021. – ¹ 11.
– P. 17 - 25.
DOI: 10.7256/2454-0706.2021.11.37051 URL: https://en.nbpublish.com/library_read_article.php?id=37051
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Abstract:
This article examines the impact of the need for maintaining physical and social distancing between people caused by the epidemiological situation upon the organizational-legal means of the Russian judicial system. This implies the concept of “smart” regulation with the use of both traditional means of legal regulation (prohibitions, permits, obligations, sanctions, incentives) and tools of psychological, educational, and information influence. At the same time, distancing is viewed as a factor that prompts changes in the forms of legal activity, as well as the result of transformations taking place in society. Such organizational-legal means affected by the need for physical and social distancing, suggest using video conferencing systems, online sessions, change in the procedure for submitting procedural and other documents, familiarization with audio protocols of court hearing and other documents in digital format, as well as restrictions for presence in the courthouse. The author determines the advantages and disadvantages of the innovations. The conclusion is made that such restrictions must be temporary only to avoid violating the principles of transparency and openness of judicial proceedings.
Citations count: 1
Reference:
Beydina T.E., Denisov Y.V., Popov Y.A., Novikova A.V. —
Legal and ethical aspects of use of the private military companies of the United States at the current stage
// Law and Politics.
– 2018. – ¹ 3.
– P. 7 - 13.
DOI: 10.7256/2454-0706.2018.3.25926 URL: https://en.nbpublish.com/library_read_article.php?id=25926
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Abstract:
The subject of this research is the events and factors that have direct impact on the establishment, development, and activity of the private military companies (PMC) of the United States in terms of modern warfare in other countries. The goal of this work lies in analysis of the United States experience in use of the private military companies for achieving the military objectives alongside its effectiveness; determine the areas for future research of the activity of PMC; reveal the potential of international community aimed at regulation of the private military business. Attention to the legal facet of the issue substantiates the need for legislation and oversight for the action of PMC, which requires attention to the issues of ethical nature. Conclusions can be made that as long as the activity of the PMC is not meticulously studied and introduced into the legal field, the moral-ethical issues and problems of criminal punishment for the acts committed will remain unsolved. The services of PMC will continue to be in demand in the future by not only the U.S. government, but also private organizations and transnational corporations for achieving their personal goals.
Citations count: 1
Reference:
Kurbatova S. —
On the essence of understanding of the social state as the means for ensuring legal status of individuals with limited cognitive abilities (on the example of criminal procedural law)
// Law and Politics.
– 2019. – ¹ 8.
– P. 119 - 129.
DOI: 10.7256/2454-0706.2019.8.30413 URL: https://en.nbpublish.com/library_read_article.php?id=30413
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Abstract:
The goal of this article is to raise the question of proliferation of modern understanding of the essence of social state in not only the area of social security, but also other areas, including criminal procedural law. Naturally, the subject of this research became the concepts of understanding of the essence of social state and the peculiarities of their application in the area of theory of criminal procedural law in examination of the question of the legal status of parties in criminal procedural relations overall and individuals with limited cognitive abilities in particular. The results of this research, reflected in its conclusions, consist in attention to the need for a change in understanding of the essence of a social state on the present stage of development of society and formation of its values on the international and national levels. The author proposes using the concept of “cognitive abilities” as a criterion for determining the level of realistic ability of a subject of violation to realize their rights and responsibilities, and as a result, attribution of individuals with limited cognitive abilities to the category of citizens requiring special protection by the state, which corresponds with the modern understanding of social state. This also justifies the novelty of the research, as well as designates the area of application of its results – in the theory of law in general, and in criminal procedural law particularly.
Citations count: 1
Reference:
Arslanov K.M., Safin R.R. —
On the prospects of legal regulation of labor relations
// Law and Politics.
– 2018. – ¹ 2.
– P. 77 - 84.
DOI: 10.7256/2454-0706.2018.2.20377 URL: https://en.nbpublish.com/library_read_article.php?id=20377
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Abstract:
The subject of this research is the positions of the Russian legislation, law enforcement practice, as well as the existing in legal science views on the problems of agreement-based regulation of relations in the area of labor. The authors meticulously examine the interaction between civil and labor law. Particular attention is given to the questions of the cross-sectoral linkages of the two branches, which has recently acquired special scientific relevance. This is encouraged by the development of legislative system and necessity of practical implementation. The civil and labor law remain in constant interaction and development; thus, it is necessary to ensure the balance between civil legal and labor legal regulation of social relations endued into the agreement-based form. The article applies the cross-sectoral method of scientific analysis, as well as provides forecast of the development of legal regulation of the agreement-based form of relations in the area of labor. The authors substantiate the position that the future achievement of establishment of the systemic regulation of relations in the area of labor requires ensuring the interaction between the civic and labor law. It is pointed at subsidiary application of the norms of civil law to labor relations. The article provides an original understanding on the development of legal regulation in the area of labor, considering the interaction between civil and labor law.
Citations count: 1
Reference:
Zelenkov M. —
Regulatory aspect of the polysemy of approaches towards the definition of "extremism"
// Law and Politics.
– 2017. – ¹ 9.
– P. 31 - 43.
DOI: 10.7256/2454-0706.2017.9.23975 URL: https://en.nbpublish.com/library_read_article.php?id=23975
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Abstract:
The object of this research is extremism. The subject is the special characteristics of the definition of "extremism" contained in the normative legal acts. Based on the analysis of domestic and international legal documents, it is proven that the category of "extremism" has no universal legal definition. This fact and the ambiguity of the legal interpretation of extremism as a wrongful act, significantly reduces the practical application of normative legal acts in the course of preliminary investigation, as well as investigative and judicial activities. Additionally, in the context of the entity category of "extremism", this work examines such forms of extremism as radicalism. The study uses complex methodological approaches that help achieve the goals and solve the tasks of the research: general research methods (analysis and synthesis, logical), system analysis, comparative and legal methods. The result of this study is the selection of special features in the contents of the definition of "extremism" that are present in its interpretation of international and domestic legal instruments, comparing them with threats to national security of the Russian Federation and on this basis defining the universal logical boundaries of extremism as an illegal act.
Citations count: 1
Reference:
Gorban V.S. —
Adolf Merkel’s “General Theory of Law” as “euthanasia” for the philosophy of law and its ideological origins
// Law and Politics.
– 2017. – ¹ 11.
– P. 17 - 28.
DOI: 10.7256/2454-0706.2017.11.24536 URL: https://en.nbpublish.com/library_read_article.php?id=24536
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Abstract:
The subject of this research is the problem of genesis and disciplinary formation of the “General Theory of Law”, the appearance of which was associated with the name of the prominent German legal expert Adolf Merkel (1836-1896). The “General Theory of Law” represented an original disciplinary version of the philosophy of positive law, on one hand contributing into the revival of the philosophy of law in form of positive law, while on the other, having attempted to eliminate the difference between positive and suprapositive law, became the “euthanasia” for the classical philosophy of law. The originality of Merkel’s position consisted in the fact that he posed a direct question about the disciplinary correlation of the philosophy of law and positive jurisprudence, suggesting the genuine explanation of the role of the philosophy of law as a “general part of jurisprudence”. Merkel’s interpretation of the aforementioned problematic was inspired by the political legal theory of his mentor Jhering. The scientific novelty is defined by the fact that this work explores the little-studied problematic of genesis and program orientation towards the “general theory of law”, which as a disciplinary form, remains topical in the area of legal study and legal consciousness. The research demonstrates that Merkel’s position that devaluated the importance of classical philosophy of law, was considerably the development of the scientific agenda of Jhering.
Citations count: 1
Reference:
Vinokurov S.N. —
The modern concept of good faith in the law of obligations of France, Germany, United States and England
// Law and Politics.
– 2018. – ¹ 8.
– P. 1 - 12.
DOI: 10.7256/2454-0706.2018.8.27104 URL: https://en.nbpublish.com/library_read_article.php?id=27104
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Abstract:
The apprehended from philosophical thought by the national law idea of good faith or bona fides is traditionally and inevitably featured in civil circulation regardless of jurisdiction. The Western doctrine of law enforcement practice formulates various approaches towards bona fides through which it is enshrined in the national legal orders. As a principle that coordinates the private legal relations, bona fides is legally enshrined in legal system of the countries of continental and common law. The goal of this article lies in description of the content of essential elements (structure) of bona fides presented in the Western European and American legal doctrine, as well as the law of obligations of France, Germany, United States and England. As a legal concept, bona fides has become firmly established in the law of obligations of the majority of European countries and has objective grounds. The author examines the similarities and differences between the concepts of good faith among the related legal systems, determines the fundamental distinctions in understanding of the structure of such principle between the countries of common and continental law, as well as its role in the modern private law.
Citations count: 1
Reference:
Volkov A.S. —
The influence of the European Union on Great Britain’s current legal system
// Law and Politics.
– 2018. – ¹ 8.
– P. 52 - 60.
DOI: 10.7256/2454-0706.2018.8.27183 URL: https://en.nbpublish.com/library_read_article.php?id=27183
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Abstract:
This article is dedicated to examination of hoe the modern codified legal system of the state of Romano-Germanic legal family correlates with the case law system of Great Britain. The author analyzes some common and distinct aspects of Anglo-Saxon and Romano-Germanic legal systems, as well as studies the shared experience and means that helped both systems to reach similar solutions for mutual problems. Comparative analysis of the corresponding legal systems is conducted with consideration of the current United Kingdom’s membership in the European Union, as well as the future Brexit. The article starts with the description of issues of the current legal space of the European Union, and then analyzes the core of the differences between Anglo-Saxon and Romano-Germanic legal systems. Relevance of this research is substantiated by the UK’s withdrawal from the European Union. The author also explores the problems both sides are facing as a result of Brexit. For many years, the European Union assisted the convergence of Anglo-Saxon and Romano-Germanic law. However, currently Brexit leaves Ireland and Cyprus as the only two countries with Anglo-Saxon legal system in the European Union, which in turn, can lead gravitate the EU legislation towards Romano-Germanic legal family, with low consideration of the principle of Anglo-Saxon system of law.
Citations count: 1
Reference:
Avatkov V.A. —
The state-predetermination: the state of peace or war?
// Law and Politics.
– 2019. – ¹ 5.
– P. 103 - 110.
DOI: 10.7256/2454-0706.2019.5.29601 URL: https://en.nbpublish.com/library_read_article.php?id=29601
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Abstract:
The subject of this research is the states-predeterminations. The goal lies in studying the peculiarities of genesis, functionality and demise of the states-predeterminations. Among such peculiarities author highlights the factors of neighborhood, historical development, religious and ethnical components. Focus is made on the essence and specificities of cross effect of the states-predeterminations, considering the possibility of transformation of their actions for the good of their own interests. Major attention is given to the potential impact of the states-predeterminations upon establishment of the environment of peace and environment of war within current system of international relations. The author particularly examines the factors contributing to consolidation or disunity of the states-predeterminations; as well as justifies the need of influencing the relations between the countries, rather than the birth or demise of the states-predeterminations. The author substantiates the heightened attention of the states towards each other, underlining that it can weaken or increase at certain stages. The relations between the states-predestinations are characterizes by the significant sustainability, but may be vulnerable to fluctuation. As from the perspective of world politics, the major conflicts occur between the most significant actors, which are the states-predeterminations, the author emphasizes the need for giving careful attention to them. Lack of due attention to the work with such types of countries may result in the large-scale uncontrolled conflicts that have led to the world wars. This is related to the fact that under such circumstances, the states are bounded by a fine threat that may either improve the global political environment, or contribute to its failure.
Citations count: 1
Reference:
Shaidullina V.K. —
Legal regulation of functionality of the trade aggregators online
// Law and Politics.
– 2020. – ¹ 8.
– P. 58 - 66.
DOI: 10.7256/2454-0706.2020.8.33341 URL: https://en.nbpublish.com/library_read_article.php?id=33341
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Abstract:
The object of this research is the public relations in the area of functionality of the trade aggregators online. The subject of this research is the normative legal acts regulating these public relations. A definition is provided to the trade aggregators, with emphasis on the key disadvantages of e-commerce for consumers from the perspective of application of such tools. The author examines foreign experience of legislative regulation of e-commerce, as well as underlines one of the crucial problems in regulation of e-commerce relations consisting in responsibility for the quality of information, published by the seller within the framework of indicated aggregators. As evidenced by practice, online purchase of goods involves various risks and conflict situations, which should be taken into account by all e-commerce participants. It is noted that the activity of aggregators intensify competition in e-commerce. Thus, the author suggest to enshrine a universal definition of Internet aggregators not in the sectoral legislation, but in Law No. 149-FZ of July 27, 2006 “On Information, Information Technologies and Information Protection". Only then would be possible to establish responsibility of the trade aggregators in sectoral legislation (for example, in the area of transportation services, communications, commerce, etc.).
Citations count: 1
Reference:
Lapina M.A., Gurinovich A.G., Lapin A.V. —
Conceptual and financial-legal aspects of public management of national projects
// Law and Politics.
– 2020. – ¹ 9.
– P. 206 - 221.
DOI: 10.7256/2454-0706.2020.9.33949 URL: https://en.nbpublish.com/library_read_article.php?id=33949
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Abstract:
The subject of this research is the conceptual and financial-legal aspects of project management aimed at implementation of national projects. The goal consists in comparison of the sources of public legal regulation, analysis of the legal mechanism of implementation of national projects, and formulation of recommendations for its improvement. Analysis is conducted on the formation and realization of project management in the Russian Federation, which functional purpose consists in improving efficiency of the national projects. The relevance lies in the establishment of public legal grounds for implementation of national projects. The theoretical framework contains scientific works of scholars and practitioners in the field of law and economics dealing with the project management in public sector. As a result of the conducted analysis on national and international legislation with regards to project management, the author reveals the essential characteristics of project in the area project management, describes the process of implementation of national projects, and outlines the problematic aspects from the perspective of administrative and financial law. The novelty lies in substantiation of the need for improving legal regulation of project management in the Russian Federation. It is noted that legislation in the area of project management is fragmentary, and the law regulates only isolated elements of project management. Practical importance of this work consists in determination of the role of subjects of national project management and state financial bodies, as well in formulation of recommendations on practical application of norms with regards to implementation of national projects.
Citations count: 1
Reference:
Andreechev I.S. —
Correlation between unification and differentiation of anti-corruption regulation with regards to public officials
// Law and Politics.
– 2021. – ¹ 2.
– P. 46 - 60.
DOI: 10.7256/2454-0706.2021.2.35116 URL: https://en.nbpublish.com/library_read_article.php?id=35116
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Abstract:
The subject of this research is critical analysis of the differences and similarities of anti-corruption measures established by legislation on corruption prevention in relation to different categories of public officials. A comparison of such positions held is carried out. The goal of this work consists in the assessment of anti-corruption requirements, restrictions, prohibitions, and obligations imposed on various officials, as well as in determination of whether they should be differentiated or unified. The author examines the impact of unification and differentiation upon the development of anti-corruption legislation, and makes proposals on the improvement of anti-corruption regulation. The article employs formal-legal, systemic, and comparative methods. The conclusion is made that the optimal mechanism for anti-corruption regulation should be based on a combination of differentiation and unification with prevalence of the latter. The need for differentiation of anti-corruption restrictions and mechanisms for their implementation should be substantiated by the peculiarities of the status of category of a public official. All amendments to anti-corruption legislation should be examined from the perspective of application of unification requirement, as well as any differentiation should be justified. The acquired results allow formulating recommendations for the improvement of legislation on corruption prevention. For systematization of legislation and its analysis for appropriate application of differentiation or unification of anti-corruption regulation, the author offers an algorithm for assessing substantive and procedural anti-corruption regulation.
Citations count: 1
Reference:
Allakhverdiev I. —
An attempt to substantiate the balanced model for interpretation of contra legem
// Law and Politics.
– 2021. – ¹ 12.
– P. 69 - 88.
DOI: 10.7256/2454-0706.2021.12.36659 URL: https://en.nbpublish.com/library_read_article.php?id=36659
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Abstract:
This article examines the admissibility of interpretation contra legem, which the courts resort to in specific legal cases. The author reveals the reasons for the ongoing debates on admissibility of interpretation of contra legem, presents arguments of the opponents of such interpretation, and conducts their critical analysis. Leaning on the doctrinal sources and judicial practice, the author determines the conditions that allow the courts resorting to the interpretation of contra legem, as well as offers its balanced model for reconciling the requirements of legal certainty and justice. The relevance of this research lies in the lack of theoretical development of the problematic of interpretation of contra legem which is commonly applies in practice of the highest courts of the Russian Federation. The conclusion is drawn that the admissibility of interpretation of contra legem is predetermined by the recognition of nonidentity of law and normative act. However, due to the fact that the requirement of legal certainty is one of the aspects of justice, the courts may resort to the interpretation of contra legem in determination of the teleological gaps in the normative act (when literal compliance with its prescriptions leads to unjust and unreasonable decision), eliminating them based on the principles of law (both general legal and sectoral). The theoretical conclusions are supported by the examples from the practice of the highest courts of the Russian Federation – the Constitutional Court, the Supreme Court, and the Supreme Arbitration Court. The use of the balances model of interpretation of contra legem can be traces in the decisions of these courts.
Citations count: 1
Reference:
Kolobov R.Y., Ditsevich Y.B., Ganeva E.O., Shornikov D.V. —
Problems of preserving the international legal status of Lake Baikal in the light of the analysis of the practice of excluding objects from the World Heritage List (Part 2)
// Law and Politics.
– 2022. – ¹ 7.
– P. 22 - 33.
DOI: 10.7256/2454-0706.2022.7.38249 EDN: DGJGHT URL: https://en.nbpublish.com/library_read_article.php?id=38249
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Abstract:
The article is a continuation of the presentation of the results of the study of the current state and consideration in retrospect of the existing cases of exclusion of UNESCO World Heritage sites from the World Heritage List. Focusing on the general problems of conservation of World Heritage sites, the authors extrapolate the findings to the situation in the field of conservation of the World Natural Heritage site Lake Baikal in order to develop proposals to improve the situation in the field of ensuring its protection. In particular, the problem of insufficient certainty and clarity in establishing the boundaries of World Heritage sites is noted, in order to solve which a proposal is made to consolidate the regime of World Natural heritage sites in the law "On Specially Protected Natural Territories", with the mandatory formation of a unified administration and approval of the boundaries of such a protected area by an act of the Russian Government, taking into account the requirements of the World Heritage Convention and Guidelines for the application of the Convention when they change. The problem of preserving the appearance of cultural heritage is also considered, since the issue of aesthetic perception of the lake and its immediate surroundings is considered important from the point of view of fulfilling obligations under the Convention on the Protection of World Heritage (taking into account the fact that Baikal is recognized as a World Heritage by all four criteria for assessing outstanding universal value). The lack of representation of protection of natural beauty at the national level is noted, since the current legislation does not contain tools for the protection of Baikal landscapes.
Based on the results of the analysis of the world practice of excluding World Heritage sites from the List, the authors conclude that the extrapolation of the main reasons for such exclusionof Lake Baikal as a World Natural Heritage site necessitates the state to develop and make appropriate adjustments to the legislation on the protection of Lake Baikal and to the practice of its application, regardless of the relevant UNESCO events.
Citations count: 1
Reference:
Naryshkina M.V. —
Main methods of assessment of the political risks in political parties’ activity
// Law and Politics.
– 2017. – ¹ 3.
– P. 62 - 73.
DOI: 10.7256/2454-0706.2017.3.22067 URL: https://en.nbpublish.com/library_read_article.php?id=22067
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Abstract:
The subject of this article is the examination of scientific methods of assessment of the political risks in political parties’ activity. The author ranges the methods and methodologies of assessment of the political risks into qualitative (humanitarian), quantitative (statistical), and hybrid. Special attention is given to the macro-sociopolitical models, as well as methods of social forecasting: extrapolation and analogy, scenario planning. The article also reviews the relevant research methods of assessment of the political risks, among which are the content analysis, analysis of social media, and analysis of social networks. The conclusion is made that the hybrid methods are the most efficient in assessment of the political risks in political parties’ activity. The study of factors affecting the political situation, as well as formulation of forecasting assessment based on the accumulated information, is of prime importance. The author determines and substantiate the need for comprehensive and gradual implementation of the method of assessment of the political risks in political parties’ activity.
Citations count: 1
Reference:
Rotar A.I. —
Means of ensuring the rights to a fair trial after charges have been pressed
// Law and Politics.
– 2017. – ¹ 7.
– P. 67 - 74.
DOI: 10.7256/2454-0706.2017.7.23487 URL: https://en.nbpublish.com/library_read_article.php?id=23487
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Abstract:
The subject of this research is the norms of constitutional and criminal procedural legislation, legal positions of the Constitutional Court of the Russian Federation, results of scientific studies, statistical data, and judicial practice materials that pertain to the study area. First and foremost, the author examines the norms and positions, which regulate peculiarity of the status of affected party, procedural provision of parties of the stage of criminal case initiation, as well as procedural aspects of its execution. One of the key problems of protection of rights of the persons harmed by criminal acts consists in ensuring their interests at the pretrial stages of criminal case processing. The conducted research demonstrates the currently existing situation with realization of mechanisms that ensure right to access to justice faces the abundance of issues. At the stage of criminal case initiation, there is an interested party, although without the formal status of a victim. It leads to the following problem: if the legitimate interest of a person alongside the presumption of their violation are present, there must be the guarantees for their protection, including the means of ensuring the right to access to justices. The conclusion is made that for individual involved into any procedural actions at the stage of criminal case initiation must be provided the supporting means that allow referring to judicial defense. In turn, the absence of procedural form for the other proceedings, realization of which is possible at the stage of criminal case initiation, impairs efficiency of the only indicated supporting means – clarification of the rights and responsibilities. As a result, the author substantiates the need for amending the draft of the Part 1.1 of the Article 144 of the Criminal Procedural Code of the Russian Federation and addendum of a new Part 1.2 to this Article. These rules are suggested to be viewed as means of ensuring the access to justice, and must belong to all parties of any procedural actions.
Citations count: 1
Reference:
Gerusova S. —
Diligence of the citizen as a condition of release from liability in bankruptcy cases
// Law and Politics.
– 2018. – ¹ 2.
– P. 52 - 59.
DOI: 10.7256/2454-0706.2018.2.25432 URL: https://en.nbpublish.com/library_read_article.php?id=25432
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Abstract:
This article explores the most substantial and significant consequence of declaring an individual bankrupt and completion of the rehabilitation procedures – release from liability. The work lists liabilities from which the individual cannot be released after the conclusion of the process of realization of assets of the individual. The author gives and conducts legal analysis of the legal grounds, according to which the individual is not released from all types of liability. Analysis is conducted on the forming judicial practice on the question of application of rules on release from liability for individuals declared bankrupt. The novelty of this research consist in the novelty of the actual institution of personal bankruptcy in Russia. The law enforcement practice is just beginning to form and already finds problems in interpretation of the laws on release of individuals from liability. The author comes to a conclusion on unallowability of expanded interpretation of the positions of the Article 10 of the Civil Code of the Russian Federation in resolution of the question of diligence of the citizen and application of the rules on release from liability.
Citations count: 1
Reference:
Kirakosyan S.A., Odnachev P.S. —
On the development of the concept of neighborliness in the Russian housing Law
// Law and Politics.
– 2021. – ¹ 6.
– P. 45 - 57.
DOI: 10.7256/2454-0706.2021.6.35808 URL: https://en.nbpublish.com/library_read_article.php?id=35808
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Abstract:
The subject of this research is the relevant although poorly studied issued of neighborly relations in the Russian housing law. The authors set the goal to analyze the current legal regulation of neighborly relations in the housing sector, and substantiate the need for the development of the concept of neighborliness in the Russian housing law and legislation. Such concept aims to form the culture of living in a multifamily residential building, overcome excessive individualism that cultivates complete disunity of interests and indifference of neighbors to each other and to the fate of common property. The authors explore the problem of neighborly relations in the housing sector, viewing neighborship from two perspectives: as a social institution of the neighborhood community and as a behavioral standard of particular subjects – neighbors. The need for the development of the concept of neighborliness is substantiated. This fully corresponds to the historical path of development of neighborly relations in the housing sector and the objective pursued by the legislator –increase the responsibility and awareness of the housing owners. The concept of neighborliness is a product of the development of the doctrine and law enforcement practice in the sphere of neighborly relations, and should become a part of the new housing policy of the Russian Federation. The concept of neighborliness includes such elements, as objective, principles, functions, and boundaries of neighborliness.
Citations count: 1
Reference:
Kolobov R.Y., Ditsevich Y.B. —
The development of sustainable tourism in the Baikal Natural Reserve through application of the norms of international “soft” law
// Law and Politics.
– 2021. – ¹ 11.
– P. 1 - 16.
DOI: 10.7256/2454-0706.2021.11.36847 URL: https://en.nbpublish.com/library_read_article.php?id=36847
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Abstract:
This article discusses the use of international experience for the purpose of improving the normative-organizational framework for regulation of tourism in the Central Ecological Zone of the Baikal Natural Reserve. Analysis is conducted on the Global Code of Ethics for Tourism, Framework Convention on Tourism Ethics, and interim results of the decade-long Framework Program for Sustainable Consumption and Production (with regards to sustainable tourism). The author discloses the basic content of the global initiative of reducing plastic consumption in tourism, as well as recommendations for the improvement of procurement activity in tourism sector. Special attention is given to the efforts on the advancement of sustainable tourism within the framework of the Convention on Biological Diversity. The article reviews the core principles concerning biodiversity and tourism development that ensure its sustainable character, and the main characteristics of the corresponding practical guides. Emphasis is also placed Guidance for tourism partnerships and concessions for protected areas and Akwé: Kon Guidelines, which are rarely mentioned in legal literature. Based on the analysis of positive normative and organizational solutions, the conclusion is formulated on the importance of these documents for the development of tourism in the Central Ecological Zone of the Baikal Natural Reserve. The author underline the importance of general-political recognition of the value of tourism (including the listed protected natural territories) and the reflection of this approach in the reputable international documents. An opinion is put forward on the importance of accurate determination of the current recreational load on the Lake Baikal and its adjacent territories, as well as calculation (based on the in-depth scientific research) of the maximum permissible level of recreational load, the excess of which threatens the conservation of the Baikal ecosystem.
Citations count: 1
Reference:
Kravets I. —
Constitutional design, state reforms and Russian bicameralism in the early XX century
// Law and Politics.
– 2018. – ¹ 4.
– P. 60 - 106.
DOI: 10.7256/2454-0706.2018.4.25339 URL: https://en.nbpublish.com/library_read_article.php?id=25339
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Abstract:
This article examines the role of the constitutional design in creating the normative legal and theoretical grounds of the Russian monarchic bicameralism; scientific approaches of the national liberal political scientists and constitutionalists towards understanding of bicameralism as a two-chamber parliamentary structure in the early XX century; correlation between parliamentarism and other types f constitutional monarchy within the practice o parliamentary institutions; conservative persuasions and views of the state reformers upon the capabilities and boundaries of the monarchic bicameralism in the Russian Empire; legal and political factors of the functionality of State Duma and State Council in terms of the conservative monarchic constitutionalism of the 1906-1917. The author applies the method of constitutional design for the more profound understanding of the conflict between the constitutional liberal and conservative protective models of Russian reforms in the early XX century. The scientific novelty consists in determination of the Russian specificity of legal and political nature of the monarchic bicameralism, using the method of constitutional design, comparative legal and specific-historical analysis, as well as the problem of implementation of the principles of discontinuity and continuity, and other principles of interaction between the State Duma and State Council. The author outlines the constitutional design and functionality of the Russian bicameralism in the beginning of XX century, which demonstrate the bicameral structure of the representative government in Russia mostly among the lawyers-constitutionalists and constitutional democrats. The conservative bureaucratic circles of the reformers did not share the values of progressive bicameralism and parliamentarism, compounded into a single constitutional project of parliamentary bicameralism.
Citations count: 1
Reference:
Ivanova I.A. —
Subjective interest in administrative judicial procedure: problems of law enforcement
// Law and Politics.
– 2018. – ¹ 6.
– P. 50 - 55.
DOI: 10.7256/2454-0706.2018.6.26489 URL: https://en.nbpublish.com/library_read_article.php?id=26489
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Abstract:
The subject of this research is the category of subjective interest in administrative judicial procedure. The article analyzes the regulation of the Article 128 (Section 3, Part 1) of the Code of Administrative Judicial Procedure of the Russian Federation that stipulates refusal in accepting an administrative statement of claim in determining by the court the lack of legal interest of an administrative plaintiff. The author considers the scientific positions and the practice of superior courts on the question of establishing by the court of legal interest of an administrative plaintiff in the absence of partied, as well as analyzes the question of interpretation of the concept of subjective interest of an administrative plaintiff, including in legal relations on environmental protection. The following conclusions were made in the course of this work: the question on subjective interest in administrative judicial procedure can be a separate object of dispute, and a plaintiff must be afforded an opportunity to adduce evidence in order to substantiate the presence of interest. The court refusal in accepting administrative statement of claim is inadmissible in case of potential violation of the socially important interests, which can affect the interests of an administrative plaintiff. The author’s special contribution lies in conclusion on the need for adopting clarifications by the Supreme Court of the Russian Federations on the extensive interpretation of the Article 11 of the Federal Law “On Environmental Protection”.
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