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
URL: https://en.e-notabene.ru/lpmag/article_72123.html
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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.
Embulaeva N. —
The role of the legal service in the implementation of the systematization of legislation
// Law and Politics. – 2023. – ¹ 12.
– P. 47 - 54.
DOI: 10.7256/2454-0706.2023.12.69380
URL: https://en.e-notabene.ru/lpmag/article_69380.html
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Abstract: The object of the study is public relations on the systematization of legislation and the activities of the legal service of a public authority. The subject of the study is public relations related to the work of the legal service of a public authority and a local government body on codification, consolidation, incorporation and accounting of normative legal acts. The author examines in detail such aspects of the topic as the formation of a classifier of legal acts, the development of a methodological basis for the classification of normative legal acts. Special attention is paid to the practical aspects of the classification of normative legal acts, as well as the need to create a Code of Laws of the Russian Federation based on the classifier. The historical background of the work on the systematization of legislation is analyzed. The role and powers of the legal service of the authority in the field of systematization of legislation are determined. The methodological basis of the research is philosophical and logical methods of cognition. Formal legal and comparative legal methods were used in the study of specific forms of systematization of normative legal acts. The novelty of the scientific research consists in studying the role of the legal service of a public authority and a local government body in carrying out work on the preparation of codified and consolidated normative legal acts. Legislative work should be systematic, which should be facilitated by the classifier of legal acts. It should be official in nature and contribute to the unification of legislation at both the federal and regional levels. It should also be based on the existence of branches in the legal system and branches of the legislative system when compiling the classifier headings. The subject criterion should be key and take into account the structure of the legal system and the system of legislation. The author comes to the conclusion that it is premature to start active work on the formation of the Code of Laws of the Russian Federation, since this is due to significant financial investments, as well as the lack of proper stability of legislation. Currently, there is an active formation of new legal institutions and the formation of new branches of law. Therefore, codification should come to the fore. Currently, not only the legal services of specific public authorities, but also private individuals, are doing an excellent job with the issues of incorporation and accounting.
Embulaeva N., Shapovalov A., Sluchevskii V.G. —
Transformation of Certain Principles Governing the Formation and Activity of Public Authorities
// Politics and Society. – 2023. – ¹ 2.
– P. 12 - 18.
DOI: 10.7256/2454-0684.2023.2.43812
URL: https://en.e-notabene.ru/psmag/article_43812.html
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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.