Discussion forum
Reference:
Osipov M.Y.
Novels and Innovations in law: concept and correlation
// Law and Politics.
2021. ¹ 2.
P. 1-14.
DOI: 10.7256/2454-0706.2021.2.35031 URL: https://en.nbpublish.com/library_read_article.php?id=35031
Abstract:
Correlation between the concepts of “novel” and “innovation” in law is one of the topical problems faced by the modern legal science. Its relevance is substantiated by the fact that the improper use of one or another term in legal science (for example, the term "”innovation” instead of the term “novel” may lead to misperception and complicate the research of these legal phenomena. The goal consists in establishing correlation between the concepts of “novel” and “innovation”, as well as the criteria for their classification based on the analysis of the essence of these two concepts. The subject of this article is such principles of the novels and innovations in the legal system that impact the characteristics of these legal phenomena. In the course of research, it was determined that law incorporates both, novels and innovations, which should not be confused, and correlate with each other as a whole (legal novels) and as a part (legal innovations). The article provides classification of legal novels and legal innovations in accordance to various criteria, namely depending on the type of legal process, form of expression (of novels and innovations in law) and (legal novels and innovations). The latter are distinguished by the fact that they are reflected in the legal norms. At the same time, innovations in the law and legal system imply the fundamentally new and (or) significantly improved processes that take place in the legal system, as well as their results. Novelties, in turn, imply any amendments to the law and the legal system.
Keywords:
classification;, patterns of legal regulation, legal concepts, radical beginning;, conservative beginning, legal innovation, legal novels, law, conceptual series, general theory of law
Authority and management
Reference:
Kuryachaya M.M., Gromyko S.V.
Problems associated with usage of “gray” electoral techniques and prevention of abuse of subjective electoral rights: thoughts in the lead-up to the State Duma Federal Assembly of the Russian Federation deputies
// Law and Politics.
2021. ¹ 2.
P. 15-24.
DOI: 10.7256/2454-0706.2021.2.34744 URL: https://en.nbpublish.com/library_read_article.php?id=34744
Abstract:
The object of this research is the legal relations in the area of exercising rights by parties and individuals, while the subject consists in the legal norms establishing the legal position of citizens and parties in the sphere of electoral law, as well as norms regulating the order of organization and electoral process in the Russian Federation. The goal of this article is to use a comprehensive interdisciplinary political-legal approach to determine problems in legal regulation of organization and process of elections in the Russian Federation, determine defective positions and gaps in the legislation, as well as make proposals on improving participation of parties in elections. The authors believe that in modern Russia the time for political transformation has already been lost, and we will see a drastic change of economic and then political elites. The only way to prevent forceful usurpation of power among other manifestations of extremism is to create environment and mechanisms for indiscriminant access to elections for a broad scope of sociopolitical powers through corresponding changes in electoral legislation. The proposed measures on improving legislation on deputy elections to the representative branches of government and local self-governance are aimed at prevention of abuse of subjective electoral rights (electoral mechanisms). Among them are countermeasures for usage of “gray” electoral techniques and creation of new legal regulation of participation in elections of collective political subjects (political actors) as parties, as well as increasing the role of non-parliamentary political parties in electoral process and revision of particular provisions of the right of party preferences.
Keywords:
selective Association, the voter, political actors, electoral district, party leader, public Association, political party, elections, electoral system, electoral bloc
Question at hand
Reference:
Gavrilov S.D., Morozov S.I.
Communication strategies in the public political space of Russia: from integration to protest
// Law and Politics.
2021. ¹ 2.
P. 25-34.
DOI: 10.7256/2454-0706.2021.2.35100 URL: https://en.nbpublish.com/library_read_article.php?id=35100
Abstract:
The article is devoted to the analysis of communication strategies of various political actors in the public space of Russia, as well as the conceptual understanding of integration and protest moods in Russian society. The research problem is to clarify the optimal strategies for the communicative interaction of various subjects of the political process, including society and the authorities in the process of implementing public policy. Special attention is paid to the interpretation of the integration and protest moods of the population of the Russian Federation in the conditions of constant transformations of the Russian political system. The methodological basis of the study was the basic provisions of political communication studies, as well as a non-institutional paradigm according to which the communication process is presented in the form of multidimensional interactions influenced by formal and informal factors of public policy implementation.The research is aimed at conceptualizing mass communication in the context of achieving public consensus. Quantitative content analysis of strategies of socio-economic development of the regions of the Russian Federation, as well as statistical analysis of secondary empirical data of Russian sociological centers were used as special methods. In the course of the study, the conditions for the functioning of public policy determining the variability of communication strategies are determined, consisting both in the regulatory differences in the involvement of various public institutions and in the uncertainty of the actions of communication subjects to achieve public consent. The scientific novelty of the study lies in the fact that, based on the results of empirical research, three strategies of communication and institutional interaction between various subjects of the domestic political process are proposed, taking into account their socio-psychological attitudes: "integration dialog interaction", "separate coexistence", "patron-client relations".
Keywords:
Russian politics, strategies, protest, integration, public opinion, public sentiment, public policy, behavior of the masses, communication, political institutions
Law and order
Reference:
Sungurova E.D.
Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states
// Law and Politics.
2021. ¹ 2.
P. 35-45.
DOI: 10.7256/2454-0706.2021.2.34935 URL: https://en.nbpublish.com/library_read_article.php?id=34935
Abstract:
The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.
Keywords:
license, punishment, medical services, pharmaceutical activities, medical activities, criminal liability, crimes, the health of the population, fine, deprivation of liberty
Law and order
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
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.
Keywords:
corruption offenses, obligations, requirements, prohibitions, public official, restrictions, differentiation, unification, anti-corruption regulation, anti-corruption
Human and state
Reference:
Kukharuk V.V.
New psychoactive substances as a modern threat agent to public health
// Law and Politics.
2021. ¹ 2.
P. 61-69.
DOI: 10.7256/2454-0706.2021.2.32016 URL: https://en.nbpublish.com/library_read_article.php?id=32016
Abstract:
Based on the international legal documents, this article presents an extensive description of the concept of new psychoactive substances (NPS), their quantitative and qualitative composition, and relevant classification. The data is provided on the level of illicit drug trafficking, as well as circulation and consequences of their use trough injection in the Russian Federation in relation to other countries. The author discloses the content of measures applied to control illegal trafficking of NPS and criminal liability in accordance with the legislation of foreign countries (peculiarities, differences, classification). Comparative legal method allows reviewing the provisions of the Russian legislation on prevention of illegal trafficking of the new potentially dangerous psychoactive substances. Attention is turned to the problem of the ineffective norms in the Russian criminal law; the approaches towards of its resolution and prevention are proposed. Analysis is conducted on the legislative policy of the use of generally recognized international legal concepts under an alias and with different content, as well as its impact upon the quality and development of criminal legislation.
Keywords:
drug crime, narcotization, dead rules, public health, psychoactive effect, implementation, new psychoactive substances, drugs, illegal traffic, drug policy
Practical law manual
Reference:
Varavenko V.E., Ostroukhova V.A.
Unilateral termination of construction contract: comparative analysis of civil Legislation and international contract forms
// Law and Politics.
2021. ¹ 2.
P. 70-82.
DOI: 10.7256/2454-0706.2021.2.35113 URL: https://en.nbpublish.com/library_read_article.php?id=35113
Abstract:
The subject of this research is the similarities and differences between the contract forms developed by the international nongovernmental organizations for application in the sphere of investment construction activity (contracts terms for engineering, procurement, construction/ for turnkey projects, second edition of 2017, developed by the International Federation of Consulting Engineers (FIDIC), framework “turnkey” contract for large projects, first edition of 2007, developed by the International Chamber of Commerce (ICC)) and the norms of national civil legislation (Parts I and II of the Civil Code of the Russian Federation) that regulate unilateral termination of construction contracts. The novelty of this research lies in conducting a comparative analysis of Russian legislation and contract forms developed by the international nongovernmental organizations. The examination of foreign experience in the sphere of legal regulation of termination of contract are based on analysis of the norms of contract law of the national legal systems of foreign countries. However, according to the foreign authors, contract law within the systems of both, general and continental law, was developing in seclusion, without substantial influence of one national system upon another. International influence upon the national contract law emerged relatively recently in the sphere of foreign economic activity. At the same time, the key factor for mutual enrichment of the national systems of contract law became the use of international contract forms, which contributed to the unification of contractual regulation of the relations of obligation in national jurisdictions. Their influence upon the development of contract law was far more substantial than even the development of international conventions with substantive law regulations.
Keywords:
Civil Legislation, Model Turnkey Contract, Silver Book, International Chamber of Commerce, International Federation of Consulting-Engineers, Termination of a contract, Construction Contract, Comparative Study, Civil Code of the Russian Federation, Relational Contracts