Theory
Reference:
Schmidt A.V.
The principle of justice in the construction of a special legal status (historical and theoretical aspect)
// Law and Politics.
2024. ¹ 11.
P. 1-10.
DOI: 10.7256/2454-0706.2024.11.71747 EDN: GGITJQ URL: https://en.nbpublish.com/library_read_article.php?id=71747
Abstract:
The subject of the study is the principle of justice. The idea of justice is revealed in the context of the legal regulation of the rights and obligations of persons with special legal status. The essential aspects of the principle of equity at the individual and regulatory level are analyzed. It is noted that the principle of justice in relation to special legal status means the following: 1) any specific rights and obligations included in it must be established on certain grounds; 2) the content of these rights and obligations must correspond to the nature of these grounds. Thus, violations of justice in the construction of a special legal status can be of two kinds: either arbitrary (groundless) granting of rights or assignment of duties, or, if there are such grounds, excessive or insufficient nature of rights and duties. The research methodology includes the following approaches: comparative analysis, abstraction, deduction, induction, idealization, formalization, axiomatic and logical method. It seems important to distinguish between the aspects of justice: qualitative and quantitative. The qualitative characteristic of justice is to ensure that the grounds of a special legal status, on the one hand, and its content, on the other, are homogeneous in their value nature; for example, that an act of positive social significance (merit) generates a positive legal assessment expressed in the provision of additional benefits (encouragement), and vice versa. The quantitative measurement of justice assumes that the volume of social benefits or encumbrances inherent in a special legal status reflected, at least with some degree of accuracy, the similar significance of what served as the basis for this. From a practical point of view, the fairness of a special legal status can be revealed at two levels: individual (law enforcement) or normative (law-making).
Keywords:
qualitative change, quantitative change, the common good, general legal ideas, justice, proportionality, validity, equivalence, special legal status, principle
Practical law manual
Reference:
Baikova S.R.
Expanding the use of the newly discovered and new circumstances to fill gaps in legislative regulation: the agony of the institute or an illustration of a natural development?
// Law and Politics.
2024. ¹ 11.
P. 11-40.
DOI: 10.7256/2454-0706.2024.11.72315 EDN: JJNVGZ URL: https://en.nbpublish.com/library_read_article.php?id=72315
Abstract:
The subject of research of this article is a particular case of extended application of the newly discovered and new circumstances in a situation that does not essentially dispose to such application, namely: regulation of the right of a creditor to appeal against a judicial act that is the basis for inclusion of another creditor's claim in a bankruptcy case of their common debtor. The reasons for such a decision of the legislator, the historical path of development of legal regulation of this situation in Russia are analyzed, other examples of cases of extended application of the newly discovered and new circumstances to fill gaps in legislative regulation are given. The hypothesis of universality of the procedural institute of revision of a judicial act on newly discovered and new circumstances and the problem of limits of the principle of legal certainty is put. The problem of expanding the cases of application of the newly discovered and new circumstances in the light of the principle of legal certainty in civil proceedings is not investigated in detail in the scientific literature or investigated indirectly, when resolving other issues. The author believes that it is important to analyze the following issues in the formulation of this fundamental problem. As a result, the author comes to the conclusion that there are no grounds for extending the provisions of the institute to situations of revision of the judicial act-foundation, as well as evidence of the need for fundamental reform of approaches to the institute of newly discovered and new circumstances. The new look of the institute should ensure the balance of the principles of legality and legal certainty. The results of the work can be used for the development of procedural legislation, in the educational process.
Keywords:
universality of procedural form, miscarriage of justice, expansion of grounds for review, extraordinary appeal, principle of legal certainty, judicial review, new circumstances, newly discovered circumstances, extra-institutional review, self-control of the court
Law and order
Reference:
Milchakova O.V.
Control of foreign investment in the fisheries sector
// Law and Politics.
2024. ¹ 11.
P. 41-62.
DOI: 10.7256/2454-0706.2024.11.72377 EDN: KCUDEB URL: https://en.nbpublish.com/library_read_article.php?id=72377
Abstract:
The object of the study is the relations connected with foreign investment in strategic sectors of the economy, the subject is the relations connected with foreign participation in the sphere of fisheries. The following topics are considered in detail: the grounds for increased control over foreign investments in the sphere of fisheries; the concepts of «strategic economic entity engaged in fishing», «foreign investor», «group of persons, which includes a foreign investor», used for the purposes of regulating relations in the sphere of fisheries; legislative restrictions on foreign participation in the sphere of fisheries; consequences of violation of the rules on restricting foreign participation. Particular attention is paid to the issues of interpretation of the concept of «strategic economic entity», and to the interpretation of the law when applied to the foreign investor using the right to extract (catch) aquatic bioresources. The methodological basis of the study was formed by general logical methods of theoretical analysis, special formal-legal, empirical methods and the method of technical-legal analysis. The made the following conclusions regarding the specifics of foreign participation control in the fisheries sector: 1) it is justified to use a broad approach to the concept of a «strategic economic entity», which allows recognizing a company as such regardless of whether it has the right to extract (catch) aquatic biological resources; 2) the legal regime of a single economic entity applies to a group of persons and the same restrictions apply as to an investor acting autonomously; 3) in the fisheries sector, stricter barriers to foreign participation are established, compared to other strategic industries; 4) in case of violation of the legislation in the sector under consideration, measures of both civil and administrative nature are applied simultaneously.
Keywords:
a worthless transaction, national security, strategic enterprise, aquatic bioresources, Government Commission, Federal Antimonopoly Service, fisheries, foreign investor, foreign investment, recovery of damages
Practical law manual
Reference:
Ganeva E.O.
Challenging of the debtors transactions in bankruptcy proceedings
// Law and Politics.
2024. ¹ 11.
P. 63-76.
DOI: 10.7256/2454-0706.2024.11.72282 EDN: KPPNSC URL: https://en.nbpublish.com/library_read_article.php?id=72282
Abstract:
In this article, the focus is directed to identifying legal concerns of challenging of the debtors transactions in bankruptcy proceedings. The issues of definition of transaction which is subjected to challenging in bankruptcy, the particularities of such acts as abandonment of a claim and conclusion of an amicable agreement are identified and addressed; the specificity of challenging of a chain of transactions in bankruptcy and particular acts on the implementation of the contract are determined. The problem of dual qualification of transactions, which are challenging under special bankruptcy grounds and in accordance with general rules of Civil Code of the Russian Federation about invalidity of transactions is highlighted in the article. Methods of formal logic (analysis, synthesis, deduction, induction), methods of systematic research and technical-legal analysis, dialectical and formal-legal methods make it possible to the author to identify theoretical and practical legal problems related to challenging of debtors transactions and the existing approaches to their resolution. It's concluded that broad interpretation must not be applied in cases which are not connected to bankruptcy. The opportunity of challenging of acts that are provided by Bankruptcy Law must not be applied to legal relations which are not complicated by bankruptcy. Challenging of a chain of transactions requires a certain approach (dual qualification). We mustn't limit to an assessment of particular execution without the scope of the whole legal relations between parties during challenging acts of execution of the contract. If the transaction has signs of the invalidity under special bankruptcy grounds, its qualification by articles 10, 168 of Civil Code of The Russian Federation is unacceptable. But dual qualification during challenging in bankruptcy is acceptable if we apply provisions of Bankruptcy Law and article 170 of Civil Code of the Russian Federation.
Keywords:
linked transactions, transactions with preference, suspect transactions, bankruptcy estate, invalidity of transactions, creditor, debtor, challenging of transactions, sham transactions, bankruptcy
State institutions and legal systems
Reference:
Podolskiy V.A.
Social policy system in the Republic of Korea: features of development and performance
// Law and Politics.
2024. ¹ 11.
P. 77-92.
DOI: 10.7256/2454-0706.2024.11.72385 EDN: MMUYFA URL: https://en.nbpublish.com/library_read_article.php?id=72385
Abstract:
The article studies the history of the formation and features of the functioning of social policy in the Republic of Korea in the 20th–21st centuries. It examines the emergence of rules for social insurance, social support, assistance to the needy, unemployment insurance and employment promotion, the role of state redistribution and regulation. The principles of the pension system organisation are analyzed. The development of the health care system is studied. Korea's experience in the field of demographic policy, the effectiveness of family benefit programs are analyzed, and the key problems causing the decline in the birth rate in the country below the replacement level are assessed. The organization of social policy in Korea and other developed countries is compared, as well as approaches to determine the place of the Korean social policy system in established typologies. The social policy system in Korea is noticeably behind European welfare states, especially in terms of pension provision. The health care system in Korea is not inferior to European ones in terms of technical equipment and quality of services. In terms of population health indicators, Korea is one of the world leaders with relatively low health care costs. But from a financial and administrative point of view, Korea is characterized by a greater burden on consumers than European countries. The consensus among researchers regarding the reasons for the decline in the birth rate is that raising children in Korea in the 21st century has become an unbearable financial burden. Significant resources are spent on demographic programs in Korea, but they do not bring noticeable benefits, since the decline in the birth rate does not stop. The education system in Korea is one of the best in the world.
Keywords:
education, family benefits, healthcare, pensions, social assistance, social insurance, welfare state, social policy, Republic of Korea, demography
State institutions and legal systems
Reference:
Sergeev A.M.
The concept and legal regime of innovative vehicles: general theoretical issues
// Law and Politics.
2024. ¹ 11.
P. 93-106.
DOI: 10.7256/2454-0706.2024.11.72062 EDN: NJYPBZ URL: https://en.nbpublish.com/library_read_article.php?id=72062
Abstract:
The subject of the research of this scientific article is the complex problems of legal regulation of new types of vehicles belonging to the category of innovative. The author focuses on the existing terminological haphazardness and insufficient definiteness of the conceptual apparatus, which makes it difficult to develop, understand and apply the norms of law to these means. The theoretical foundations of the definition of the term "innovative vehicles" are investigated, including their classification and specifics of operation, and attention is also drawn to the intersectoral aspects of legal regulation, which implies the interaction of various legal disciplines. The article explores the need to develop common approaches and criteria for the legal regulation of such technological innovations aimed at ensuring the safety, efficiency and harmonious integration of innovative vehicles into the existing legal system. The research methodology includes general scientific and special (legal) methods of scientific analysis, namely, a systematic analysis of normative legal acts, formal legal and dogmatic approaches to the study of legislation. The presence of a significant technical and economic component in the operation of innovative vehicles has led to the appeal to an interdisciplinary methodology. The scientific novelty of the article lies in a systematic approach to the study of the legal regulation of innovative vehicles, which includes the development of a single conceptual framework and criteria for their classification. For the first time, the author substantiates the importance of an interdisciplinary approach, emphasizing the need to integrate the norms of various branches of law in order to ensure adequate regulation in a rapidly developing technology. The conclusions can be summarized as follows: 1) The existing terminology in the field of innovative vehicles requires systematization to ensure legal certainty. 2) The legal regime of such vehicles should take into account their features, including the level of automation and interaction with traditional transport. 3) Effective regulation is impossible without an integrated approach that unites different branches of law, such as civil, administrative and criminal law. 4) It is necessary to develop additional measures to ensure the safety of the operation of innovative vehicles on the roads. 5) It is important to take into account international experience and apply it to the formation of domestic legislation in this area.
Keywords:
transport mobility, luggage transportation, land transport, integrated legal regime, transport law, unmanned vehicles, highly automated vehicles, innovative vehicles, autonomous vehicles, legal regimes
Transformation of legal and political systems
Reference:
Embulaeva N., Kaushan V.E.
The history of the development of the ideas of the legal and social state and the practice of their implementation in foreign countries
// Law and Politics.
2024. ¹ 11.
P. 107-118.
DOI: 10.7256/2454-0706.2024.11.72123 EDN: NMNGRG URL: https://en.nbpublish.com/library_read_article.php?id=72123
Abstract:
The object of the study is public relations related to the formation and implementation of ideas of legal and social statehood. The subject of the research is the relations in the field of formation of the concepts of the legal and social state in the political and legal thought of the countries of Europe, America and Asia. The authors explore the issues of legislative consolidation of the principles of the legal and social state abroad. Special attention is paid to the specifics of the implementation of these concepts in various legal families. The problematic issues of the implementation of the principles of the rule of law are investigated. Attention is paid to the economic basis of the state as a necessary condition and prerequisite for the formation of a social state. The subject of the study is the influence of ideology on the practice of implementing social policy of the state. The interrelation of the legal and social state is substantiated. The research methodology is determined by the object and subject of the study. The key methods used are comparative methods: comparative legal, comparative historical; logical methods of cognition: analysis, synthesis, induction and deduction; as well as the formal legal method, which was used to analyze normative legal acts. The conducted research of the ideas of legal and social statehood and the practice of their implementation in various countries has allowed us to state that despite the presence of common features and the identification of common signs of these concepts, the implementation of these progressive views in real state-building faces significant difficulties. This is due to the presence of various legal systems, dominant ideologies, the degree of economic development and the social structure of society. The authors come to the conclusion that liberal ideology hinders the implementation of the concept of a social state, since by providing maximum economic freedom, the state fairly relieves itself of many social obligations. At the same time, in the countries of socialist law, the most favorable conditions are created for the practical implementation of the concept of a social state. The novelty of the conducted research also consists in substantiating the conclusion that the principles of legal statehood are fully implemented in countries with European legal systems. While in States with religious legal systems, it is difficult to consolidate the signs of a rule of law state.
Keywords:
standard of living, rights and freedoms, humanism, supremacy of law, Separation of powers, The legal family, the welfare State, the rule of law, the medicine, benefits and allowances
Authority and management
Reference:
Dolmatova T.V.
The foreign models of sport governance: the case of leading sports powers
// Law and Politics.
2024. ¹ 11.
P. 119-137.
DOI: 10.7256/2454-0706.2024.11.72020 EDN: NNMROR URL: https://en.nbpublish.com/library_read_article.php?id=72020
Abstract:
The object of the study is organization of governance in the field of physical culture and sports in foreign countries. The subject of the study is models of sport governance on the example of foreign countries – leaders of the Olympic sports. The author of the article examines approaches to the organization of sport governance using the example of the USA, Great Britain, Canada, France, China and Germany. Special attention is paid to the forms of interaction between public sports organizations and executive authorities in the field of physical culture and sports operating in the structure of governments of these countries. The article examines the distinguished models of sport governance in the field of sports, taking into account various approaches to the interaction of public sports organizations and state authorities. Some models involve the passive participation of representatives of public sports organizations in the process of making key decisions, while other models, on the contrary, provide active participation and interaction in developing strategic decisions in the field of physical culture and sports. The study used the method of analyzing legal documents regulating the sphere of physical culture and sports, comparative analysis, systematization and generalization of basic materials published on government websites and official websites of public sports organizations of foreign countries. As a result of the conducted research, various approaches to organization of sport governance are shown in the Great Britain, France, Canada, China, the USA and Germany, which may contribute to improving the sport governance system in the Russian Federation, in order to implement the tasks outlined by the President of the Russian Federation for the period until 2030 and in the future until 2036.
Keywords:
sports industry, decision-making process, management approaches, public sports organizations, government bodies, sport powers, governance, sport, physical culture, foreign experience
Human and state
Reference:
Ahunzyanov D.F.
Sports rights of players and the possibility of their pledge
// Law and Politics.
2024. ¹ 11.
P. 138-148.
DOI: 10.7256/2454-0706.2024.11.72416 EDN: NTXXDQ URL: https://en.nbpublish.com/library_read_article.php?id=72416
Abstract:
The article is devoted to analyzing the legal aspects of managing and disposing of players sports rights, including the possibilities of their use in security transactions, particularly as pledge. The research focuses on the differences in the definition and handling of sports rights in key team sports disciplines such as football and hockey, considering the provisions of Russian legislation and the regulations of international sports federations. Special attention is given to transfer agreements and their legal nature, as well as restrictions imposed by sports regulators on the disposal of economic rights, affecting their defensibility. The author identifies regulatory contradictions and proposes ways to resolve them, significantly expanding the understanding of the legal field of sports transfers, covering new aspects of their use and regulation. The article employs scientific methods, including the analysis of legal practice and theoretical research of normative acts. The author also conducts a comparative analysis of the regulations of international and national sports federations. This allows for a comprehensive assessment of the peculiarities of regulating sports rights in various sports disciplines and legal systems. The scientific novelty of the work lies in the thorough investigation of the ways of disposing of sportsman’ (players) sports rights in the context of their use in security transactions, particularly as pledge. The work identifies gaps in the existing regulation and offers well-argued ways to address them. The author demonstrates how changes in regulations can affect the legal nature of sports rights and their practical application in transactions. The potential opportunities for sports organizations and clubs to attract financing through the mechanisms of sports rights pledge are outlined, which could significantly enhance the investment attractiveness of the sports industry and facilitate a gradual move away from state funding of sports, opening new horizons for its development and independent functioning.
Keywords:
property law, personal non-property right, pledge, encumbrance of sports rights, transfers, disposal of sports rights, investments in sports, sports rights, labour law, team sports