Aristov E.V., Fakhrutdinova G.G. —
Improvement of Administrative Legislation on Bringing Legal Guardians of the Under Aged to Administrative Responsibility
// Administrative and municipal law. – 2018. – ¹ 6.
– P. 17 - 24.
DOI: 10.7256/2454-0595.2018.6.26897
URL: https://en.e-notabene.ru/ammag/article_26897.html
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Abstract: The subject of the research is the legal acts that regulate the basis and procedure of bringing parents or other legal guardians of the under aged to administrative responsibility. The object of the research is the social relations that may arise as a result of establishment or implementation of administrative responsibility for non-performance of ñhild-rearing and maintenance responsibilities by parents or other legal guardians. The authors of the article analyze such aspects of the topic as the analysis of legal acts regulating administrative responsibility of parents or other guardians of the under aged. The methodological basis of the research implies the dialectical materialistic method of research and general and special research methods based thereupon such as comparative law, formal law methods, analysis and synthesis. As a result of their analysis of administrative laws that regulate bringing legal guardians of the under aged to administrative resopnsibility, the authors suggest to change the sanction of Part 1 of Article 5.35 of the Administrative Offenses Code of the Russian Federation for repeated violations of law, in particular, to increase the fee or impose an administrative arrest as an alternative punishment. According to the authors, this would allow those who perform preventive measures to be more efficient in their work with dysfunctional families and parents who avoid child rearing and maintenance. In addition, the authors raise the issue about making an amendment to Article 20.22 of the Administrative Offenses Code of the Russian Federation that would regulate the process of bringing parents or legal guardians of the under aged to administrative responsibility if an under aged use tobacco. This amendment to Article 20.22 of the Administrative Offenses Code of the Russian Federation, according to the authors, would enable more efficient preventive measures aimed at both under aged and their legal guardians.
Aristov E.V., Fakhrutdinova G.G. —
Improving the Legal Regulation of Administrative Responsibility of Minors
// NB: Administrative Law and Administration Practice. – 2018. – ¹ 2.
– P. 25 - 30.
DOI: 10.7256/2306-9945.2018.2.26894
URL: https://en.e-notabene.ru/al/article_26894.html
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Abstract: The subject of the research is the theoretical and practical aspects of the implementation of the institution of administrative responsibility of minors. The object of the research is the system of social relations that is formed in the process of implementation of administrative and jurisdictional activities of authorized bodies in relation to minors. The author examines such aspects of the topic as legal regulation of the administrative responsibility of minors in law enforcement practice, discusses the features of administrative and jurisdictional activities of prevention subjects in the mechanism for preventing and combating juvenile delinquency, establishing the causes and conditions for their commission by adolescents on the basis of which proposals are being developed to improve legislation on administrative offenses concerning minors as the special subjects. Special attention is paid to the improvement of administrative legislation aimed at the effective prevention of juvenile delinquency. The methodological basis is the system of legal knowledge that defines the basic requirements for the process of knowledge. The researchers also use special research methods (observation, analysis of statistical and practical material). The main conclusions of the research are the consolidation of a separate chapter aimed at regulating administrative, i.e. jurisdictional relations with the participation of minors in the Administrative Offenses Code of the Russian Federation. In order to prevent juvenile delinquency, the author considers it appropriate to reduce the age of administrative responsibility of minors, which in turn will be educational in nature. In addition, the author notes the inadequacy of preventive measures by the subjects of prevention, which are mostly formal in nature and are not aimed at reducing the level of offenses committed by adolescents.
Berzin V.A. —
Social partnership in the context of social state
// Politics and Society. – 2016. – ¹ 12.
– P. 1603 - 1607.
DOI: 10.7256/2454-0684.2016.12.21422
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Abstract:
The object of this research is determination of the status of social partnership in the social state. The author explores this topic from the perspective of the key theoretical concepts, as well as defines the potential of social partnerships for the achievement of certain goals of welfare state (social state) and solution of the issues emerging within it. The author pursues correlation between the social partnership and regulation of market relations, collaboration between state, private business sector and labor sphere for solution of the urgent economic and social problems. Methodology used in this scientific work contains methods of analysis, synthesis, and forecast, as well as comparative and historical research. The main conclusion of the conducted research consists in ability of the model of social partnership to increase the likelihood of success and failure for absolutely all of the participants, including government, because each of them plays an important role in achieving the set goals along with the goals of social state (welfare state).
Belikova K.M. —
Review of the book by E.V. Aristov “The role of political parties in the formation of a social state”
// Legal Studies. – 2016. – ¹ 11.
– P. 60 - 63.
DOI: 10.7256/2409-7136.2016.11.2124
URL: https://en.e-notabene.ru/lr/article_21247.html
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Abstract: The research object is the scientific monograph by E.V. Aristov, PhD in legal sciences, entitled “The role of political parties in the formation of a social state” (Moscow: Iuniti-Dana, 2016). The author of the scientific review considers this scientific monograph from the position of the relevance of the complex scientific model, proposed in the study. The reviewer connects the content of the monograph with the recent election in the Russian Federation and the topic of a social state (a welfare state). The research methodology is defined by the purposes of scientific reviewing and includes the methods of analysis, induction and deduction and the method of prognostic modeling. The reviewer concludes about the topicality and relevance of the monograph, fitting in the educational process and containing a fundamentally new scientific approach.
Zakupen' T.V. —
Why is the public management system functioning, but not meeting the expectations? The review of the scientific monograph by I.V. Ponkin “The Theory of Public Management Deviance Study: Uncertainties, Risks, Drawbacks, Malfunctions, and Failures of Public Management”
// Administrative and municipal law. – 2016. – ¹ 6.
– P. 511 - 513.
DOI: 10.7256/2454-0595.2016.6.19529
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Abstract: The research object is the scientific monograph by I.V. Ponkin “The Theory of Public Management Deviance Study: Uncertainties, Risks, Drawbacks, Malfunctions, and Failures of Public Management”, Moscow, 2016. The author of the review studies the mentioned scientific monograph from the position of the relevance (compliance with the expectations about applicability) of the complex scientific model proposed in the monograph. The reviewer links the content of the monograph with the projects of transformation of the existing Russian public management model into the model of “project-oriented public management”, recently articulated by the liberal economists. The research methodology is conditioned by the purposes of scientific reviewing and includes the methods of analysis, induction and deduction, and the method of prognostic modeling (in terms of the relevance check). The reviewer concludes about the high level of topicality, scientific novelty and practical value of the monograph and the proposed scientific theory.
Aristov E.V. —
Poverty and human constitutional rights
// Politics and Society. – 2016. – ¹ 1.
– P. 97 - 104.
DOI: 10.7256/2454-0684.2016.1.16610
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Abstract: The subject of this research is the relationship between poverty and human rights, including constitutional. The author examines such aspects as supposition that poverty is the violation of human rights; correlation between the phenomenon of poverty and human rights violations; rejection of human rights in case of poverty. A special attention is given to the poverty in the context of need to ensure the protection of human rights; effect of discrimination upon poverty; interconnection between democracy and poverty; participation of poor population in democratic processes. Scientific novelty consists in determination of the symptoms of poverty and failure of state of wellbeing (social state) in implementation of social policy. The author’s main contribution into this research is the study of the opinion of a number of international political figures and international organizations with regards to the interrelation between the phenomenon of poverty and violations of human rights. The main conclusion is the goal of creation of wellbeing state, concept of such state and its relation with poverty, democracy, and constitutional human rights.
Aristov E.V. —
Work of the United Nations Organization and the World Health Organization aimed at alleviation and reduction of poverty
// International Law and International Organizations. – 2016. – ¹ 1.
– P. 22 - 27.
DOI: 10.7256/2454-0633.2016.1.17706
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Abstract: The subject of this research is the normative practical activity of the international organizations (UN and WHO) on the devising of strategies, programs, and taking corresponding measures on the reduction of poverty. The author reviews such aspects as held by these international organizations Global summits on the issues of social development and fight against poverty. A special attention is given to the content of strategies and problems enacted by the UN and WHO since 1970 – recognition on the international level of relevance of the problem of decreasing the scale of poverty. The main conclusions and its scientific novelty consist in in determination of the main principles that serve as a platform for the strategies aimed at prevention, alleviation, and reduction of poverty on international scale, as well as on the scale of a separate nation. The author’s main contribution is the evaluation of the work of the international organizations with regards to the question of the fight against poverty; analysis of the strategies and programs passed at the Global summits of the United Nations.
Aristov E.V. —
Government strategies on alleviation and reduction of poverty
// Politics and Society. – 2015. – ¹ 11.
– P. 1452 - 1460.
DOI: 10.7256/2454-0684.2015.11.16688
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Abstract: The subject of this research is the prevention, alleviation, and reduction of poverty realized within the framework of state strategies. The author examines such aspects of the topic as: anti-poverty measures, including from the charitable perspective; provision of social equality and human rights; types of poverty common among population. A special attention is given to the approaches towards the implementation of state policy, as well as private foundations aimed at reducing poverty. The author’s contribution into this research consists in formulation of the solutions to the problems pertaining to absolute and relative poverty; determination of main directions of state policy on the “fight” against poverty encouraging eradication of poverty in the countries of Africa, Indonesia, Philippines, Vietnam, and People’s Republic of China. The scientific novelty lies in the fact, that the eradication of poverty is impossible through charitable and alternative altruistic approaches.
Aristov E.V. —
Conceptual approaches towards the understanding and perception of poverty from the perspective of international law
// Law and Politics. – 2015. – ¹ 11.
– P. 1554 - 1557.
DOI: 10.7256/2454-0706.2015.11.16611
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Abstract: The subject of this research is the study of the fight against poverty on the international level from the perspective of the norms of international law. The author examines such aspects of the topic as state of poverty, and approaches towards solution to the issue of poverty from perspective of protection of human rights. A special attention is given to the international obligations of national branches of public authority, as well as global international and regional international organizations consisting of states. The object of the research is the acknowledgement by states of the necessity to protect and promote provision of human rights. Among the main conclusions of the conducted research is the need to impose obligations through the norms of international law to take measures towards preventing poverty. The author’s contribution into the research is the analysis of international instruments in the area of human rights pertaining to poverty. The scientific novelty consists in discovering the lack of direct guarantees of freedom from poverty within the norms of international law.
Aristov E.V. —
Conceptual approaches towards the understanding and perception of poverty from the perspective of international law
// Law and Politics. – 2015. – ¹ 11.
– P. 1554 - 1557.
DOI: 10.7256/2454-0706.2015.11.42848
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Abstract: The subject of this research is the study of the fight against poverty on the international level from the perspective of the norms of international law. The author examines such aspects of the topic as state of poverty, and approaches towards solution to the issue of poverty from perspective of protection of human rights. A special attention is given to the international obligations of national branches of public authority, as well as global international and regional international organizations consisting of states. The object of the research is the acknowledgement by states of the necessity to protect and promote provision of human rights. Among the main conclusions of the conducted research is the need to impose obligations through the norms of international law to take measures towards preventing poverty. The author’s contribution into the research is the analysis of international instruments in the area of human rights pertaining to poverty. The scientific novelty consists in discovering the lack of direct guarantees of freedom from poverty within the norms of international law.
Aristov E.V. —
Definition and multidimensionality of the concept of poverty
// Law and Politics. – 2015. – ¹ 10.
– P. 1485 - 1491.
DOI: 10.7256/2454-0706.2015.10.16479
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Abstract: The subject of this research is the formation of the concept of poverty in both, the scientific and normative senses. The author reviews such aspects of the topic as deprivation and alleviation of poverty. A special attention is given to the content of the concept of poverty within historical perspective, beginning with the late until today. The author analyzes the opinions of foreign researches on the issue of poverty, as well as the types of poverty among various individuals. The distinction between the extreme poverty and the chronic poverty, as well as the means and methods of assessment of poverty are being examined. The main conclusion consists in the different aspects of understanding of the phenomenon of poverty. The scientific novelty of this work lies in the research of such definitions as “extreme poverty”, “chronic poverty”, “deprivation of poverty”, and “alleviation of poverty”. Author’s main contribution into this work is the examination of the content and ontology of the concept of poverty not only from the position of scientific and juridical literature, but also from the standpoint of public authorities and international organizations.
Aristov E.V. —
Correlation between Poverty and Other Unfavourable Social Phenomena
// Politics and Society. – 2015. – ¹ 10.
– P. 1380 - 1384.
DOI: 10.7256/2454-0684.2015.10.16494
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Abstract: The subject of the research is the connection between poverty and such unfavourable social phenomena as social inequality and social isolation. The author considers such aspects of the topic as connection between the unfavourable state of health of the population and its relative poverty, taking into account such factors as: the level of the education of the parents and lack of resources. Special attention is paid to the correlation of the notions of social isolation and relative poverty; to the vulnerability of poor population towards different sorts of risks; to the determination of the categories of population most subjected to poverty; to the reasons of emergence and eradication of poverty. Methodologically the study is based on the total of general scientific (dialectics, analysis and synthesis, concretisation, comparison) and particular scientific methods (formal and legal, comparative legal). The main conclusions of the conducted research is the determination of the consequences of poverty and reasons for its emergence. The novelty of the research lies in the study of connections between poverty and social inequality, between poverty and social isolation. A particular contribution of the author into the study of the topic is the determination of the reasons for the worldwide eradication of poverty, as well as the reasons for emergence and intensification of the issue of poverty.
Aristov E.V. —
Definition and multidimensionality of the concept of poverty
// Law and Politics. – 2015. – ¹ 10.
– P. 1485 - 1491.
DOI: 10.7256/2454-0706.2015.10.42835
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Abstract: The subject of this research is the formation of the concept of poverty in both, the scientific and normative senses. The author reviews such aspects of the topic as deprivation and alleviation of poverty. A special attention is given to the content of the concept of poverty within historical perspective, beginning with the late until today. The author analyzes the opinions of foreign researches on the issue of poverty, as well as the types of poverty among various individuals. The distinction between the extreme poverty and the chronic poverty, as well as the means and methods of assessment of poverty are being examined. The main conclusion consists in the different aspects of understanding of the phenomenon of poverty. The scientific novelty of this work lies in the research of such definitions as “extreme poverty”, “chronic poverty”, “deprivation of poverty”, and “alleviation of poverty”. Author’s main contribution into this work is the examination of the content and ontology of the concept of poverty not only from the position of scientific and juridical literature, but also from the standpoint of public authorities and international organizations.
Aristov E.V. —
Spanish welfare state
// Law and Politics. – 2015. – ¹ 9.
– P. 1226 - 1233.
DOI: 10.7256/2454-0706.2015.9.16322
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Abstract: The subject of this research is the aspects of the model of welfare state implemented in Spain. The article demonstrates the guarantees of a welfare state set within the constitutional legislation of Spain, as well as within legislation of its autonomous communities. The author examines the content of the concept of welfare state as one of the foundations of a constitutional structure and as a constitutional legal principle. Analysis is conducted on the history of formation of a welfare state in Spain starting from XVIII century – the rule of King Charles III of Spain, throughout the fascist Franco’s regime, and modern time. The scientific novelty consists in designating Spain as a “welfare state” not only in juridical (legislative) definition of a state that enacted and practices welfare policy, but also as a state that has a real, vast number of instruments in addition to just welfare policy. Based on analysis of the legislation, the author makes conclusions on the peculiarities of the welfare statehood of Spain: the system of social insurance is created with the special accent on covering the elderly working population; mandatory medical insurance is enacted mainly for employees in the industrial sector earning wages below a certain level; employment insurance applies mostly to the male workers.
Aristov E.V. —
Spanish welfare state
// Law and Politics. – 2015. – ¹ 9.
– P. 1226 - 1233.
DOI: 10.7256/2454-0706.2015.9.42826
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Abstract: The subject of this research is the aspects of the model of welfare state implemented in Spain. The article demonstrates the guarantees of a welfare state set within the constitutional legislation of Spain, as well as within legislation of its autonomous communities. The author examines the content of the concept of welfare state as one of the foundations of a constitutional structure and as a constitutional legal principle. Analysis is conducted on the history of formation of a welfare state in Spain starting from XVIII century – the rule of King Charles III of Spain, throughout the fascist Franco’s regime, and modern time. The scientific novelty consists in designating Spain as a “welfare state” not only in juridical (legislative) definition of a state that enacted and practices welfare policy, but also as a state that has a real, vast number of instruments in addition to just welfare policy. Based on analysis of the legislation, the author makes conclusions on the peculiarities of the welfare statehood of Spain: the system of social insurance is created with the special accent on covering the elderly working population; mandatory medical insurance is enacted mainly for employees in the industrial sector earning wages below a certain level; employment insurance applies mostly to the male workers.