State security
Reference:
Kostrykina V.V.
Features of Corruption in Commercial Organizations: The Criminological Aspect
// Law and Politics.
2022. ¹ 8.
P. 1-14.
DOI: 10.7256/2454-0706.2022.8.38531 EDN: QOIAXY URL: https://en.nbpublish.com/library_read_article.php?id=38531
Abstract:
The subject of this study is the provision of the current national legislation regulating legal relations in organizations, generally recognized principles and norms of international law in the field of combating corruption, the provision of the current anti-corruption legislation and other by-laws of the Russian Federation, norms establishing legal responsibility for corruption offenses in organizations, scientific works on these issues, information from the media, and judicial practice. Dialectical, system-structural, formal-logical, and other scientific research methods were used in this work. The study aims to substantiate corruption in commercial organizations as an independent criminological system/structural phenomenon. Organizations carry out their activities in various spheres of society, be it social, economic, political, spiritual, and others. Corruption in commercial organizations is a great public danger, as it encroaches on the everyday activities of commercial organizations and the interests of the state, society, and individual citizens. In the scientific literature, a significant number of scientific papers are devoted to various aspects of corruption in this area. At the same time, the question of the socio-legal characteristics of this type of corruption for the domestic legal doctrine remains open today. The article discusses the main signs of corruption in commercial organizations and its features.
Keywords:
negative consequences, bribery, criminological characteristics, commercial bribery, subjects, purposes, sphere, commercial organizations, business, corruption
Human and state
Reference:
Morozov A.A., Gudkova M.O.
Formation and Development of Compensation for Moral Damage in Russia.
// Law and Politics.
2022. ¹ 8.
P. 15-27.
DOI: 10.7256/2454-0706.2022.8.38644 EDN: VANCTX URL: https://en.nbpublish.com/library_read_article.php?id=38644
Abstract:
The subject of the research in this article is the consideration of the causes of the legal structure of compensation for moral harm, the study of the evolution of the mechanism of legal regulation of the compensation for moral harm in Russia in the Russian Empire, the Soviet Union, modern Russia. The study of the formation of the institution of compensation for moral damage is carried out on the basis of its correlation with the provisions of the Talion principle. The relevance of the research is due to the significance of the study of the peculiarities of the regulation of the civil law mechanism of the institute of moral damage compensation and the need to systematize views on understanding the development of the mechanism of legal regulation of the institute of moral damage compensation in different periods, under different political systems in Russia and, as a result, the division of all periods of legal regulation of the institute of moral damage compensation into several stages. It is also necessary to note the importance of conducting a comparative analysis of the mechanism of compensation for moral damage and the provisions of the talion principle throughout the entire time of their coexistence. The scientific novelty of the research is determined by the goal itself and the results of the work. In the course of the scientific research, the author systematized information about the development of the mechanism of legal regulation of the institute of compensation for moral harm, proposed his classification of the evolution of the mechanism of legal regulation of the institute of compensation for moral harm, consisting of several stages: pre-revolutionary, Soviet, modern, justified his conclusions; analyzed the ratio of the institute of compensation for moral harm and the Talion principle, their role and significance on the during each of the selected stages of the evolution of the legal regulation of the mechanism of compensation for moral damage. The correlation of the mechanism of compensation for moral damage and the talion principle within each study period is analyzed. The position of the institute of compensation for moral damage to the talion principle is determined.
Keywords:
Judicial code, Stages of development, Compensation for damage, Moral suffering, Protection of rights, Legal mechanism, The Talion principle, Compensation for harm, institute of compensation for harm, Moral damage
Legal and political thought
Reference:
Zaseeva A.S., Ivanova M.I.
The Problem of the Legitimacy of the Political Elite
// Law and Politics.
2022. ¹ 8.
P. 28-36.
DOI: 10.7256/2454-0706.2022.8.38613 EDN: VJTRNH URL: https://en.nbpublish.com/library_read_article.php?id=38613
Abstract:
The object of this study is the problem of the legitimacy of the political elite. The subject of the study is the views of a number of Western and domestic researchers on the political elite. The study aims to generalize the views of theorists from different countries and periods of time regarding the qualities of the political elite as a legitimizing foundation. The dialectical method, which was used in the analysis of the categories of "political elite" and "legitimacy," their essence and interrelation, played a decisive role in achieving the goal of this study. This method has become key in understanding the texts of the works under study. The method of system-structural analysis allowed us to explore the views of the philosophers in question holistically—when the authors' positions complement each other and create a general picture of the understanding of the legitimacy of the political elite. The conclusion of the study is as follows: in the modern world, the main method of legitimizing the political elite is a democratic election procedure, but the choice of citizens should be based on a clear idea of the qualities of a political leader, confidence that the candidate has serious professional competencies, as well as deep moral convictions and moral principles. This will help to avoid falling under the power of amateurs who put their incompetence and lack of values, stability, and security in society at risk. The result of the study of the ideas of domestic and Western philosophers is the confirmation of the judgment that the legitimate political elite should be considered people with high moral and spiritual values acquired or consolidated as a result of traditional upbringing, classical education, military service, and long-term work experience in the social and political sphere.
Keywords:
the aristocracy of the spirit, legitimation, moral values, vocation, politics, state, society, political power, political elite, legitimacy
JUDICIAL POWER
Reference:
Guliev S.A., Rzaev R.G.
Refusal to Recognize and Enforce Decisions of international Commercial Arbitrations on the Basis of Contradiction to Public Policy
// Law and Politics.
2022. ¹ 8.
P. 37-50.
DOI: 10.7256/2454-0706.2022.8.38673 EDN: UFOXRE URL: https://en.nbpublish.com/library_read_article.php?id=38673
Abstract:
The relevance of this study is that due to the conditions of the globalization of the world economy and the development of international commercial turnover, the importance of international commercial arbitration is rapidly increasing. There is also complexity and ambiguity in understanding the legal category of "public order" because this institution is not a definitively regulated area of law enforcement in the modern legal order. This article’s research object is the social relations arising through the activities of arbitration courts in international commercial turnover. This work aims to identify the procedures, mechanisms, and features of applying the public policy clause in recognizing and enforcing international commercial arbitration decisions. When writing this article, both general scientific research methods, including analysis, synthesis, deduction, and induction, and special methods of cognition, such as comparative legal and descriptive methods, were used. One of the main methods in this work is comparative law, as it helps identify the similarities and differences of the legal systems under consideration, which are the subject of the study. The novelty lies in consideration of the correlation of issues concerning the legal nature of "public order," as well as the analysis of cases related to the procedure of refusal to recognize and enforce decisions of international commercial arbitration in the territory of a foreign state based on contradiction to public order. In the course of the study, the following conclusions were made. The complex problems that have formed in this area are almost impossible to solve by signing and putting into effect a single normative legal act at an international level. The list of cases applying this legal category in arbitration activities is non-exhaustive. The public policy clause is one of the most important components of the institutions of private international law. The institution of public order has an extraordinary character in the decisions of international commercial arbitration.
Keywords:
international relations, right, private law, commercial law, the civil code, Russia, arbitration court, arbitration, public law, international law
State institutions and legal systems
Reference:
Zaprutin D.G.
Legal Regulation of Police Administrative Activities: Problems and Prospects
// Law and Politics.
2022. ¹ 8.
P. 51-63.
DOI: 10.7256/2454-0706.2022.8.38687 EDN: TXRMFF URL: https://en.nbpublish.com/library_read_article.php?id=38687
Abstract:
The object of the research of the scientific article is the basics of legal regulation of the administrative activities of Russian police, taking into account the historical and legal development of these activities. The subject of the study is the peculiarities, problems and prospects of the legal regulation of the administrative activities of the police. The purpose of this scientific article is to substantiate the specifics (in genesis) and trends of the development of the administrative activities of the national police. The author examines in detail the issues concerning the position of the legislator regarding the legal regulation of this type of police activity at the present stage, reflects the main problems in the designated area, indicates possible prospects for improvement. At the same time, the article pays attention to the legal foundations of the administrative activities of the police, taking into account the historical and legal aspect, the analysis of trends in the development of sources of law regulating this area. The methodology of the scientific article was based on a systematic approach to the analysis of the basics of legal regulation of administrative activities of the police (taking into account the genesis). The research methodology is determined by the use of such scientific methods as historical and legal (when describing the genesis of the administrative activities of the police), logical (when presenting research materials in the article, when formulating conclusions, as well as recommendations regarding the prospects for the development of the studied relations), comparative legal (when analyzing the sources of law) and others that allowed to implement the purpose of the article. As the main conclusions, it is noted that modern processes caused by globalization, new criminal threats mediated by universal digitalization, the penetration of crime into global financial conglomerates, the youth crime, all this necessitate the improvement of the administrative activities of the police. The author's special contribution is proposals to improve the effectiveness of countering cyber threats against minors and to prevent corruption. The novelty of the research lies in the author's designation of specific ways to solve the identified problems, in the regulation of new police capabilities to improve administrative activities aimed at countering certain manifestations of crime.
Keywords:
administrative activities of the police, prospects for improvement, development trends, authority, police functions, historical analysis, sources of law, legal regulation, police, administrative activities