Reference:
Lepshakov K.I..
Legal regulation of cryptocurrency in Russia: from problem analysis to strategic solutions through SWOT analysis
// Law and Politics.
2025. № 4.
P. 88-104.
DOI: 10.7256/2454-0706.2025.4.74255 EDN: NWTOXV URL: https://en.nbpublish.com/library_read_article.php?id=74255
Abstract:
The subject of the research is the aggregate of social relations arising in the process of legal regulation of cryptocurrencies in the Russian Federation under the conditions of the digitalization of financial markets. The article analyzes the features of the formation of the legal status of cryptocurrencies, the interaction of national legislation with international standards for the regulation of digital assets, as well as the impact of regulatory changes on the development of the cryptocurrency market. Special attention is paid to issues of the legal recognition of cryptocurrency in Russia, the mechanism for regulating operations with digital assets, the regulation of mining, taxation, licensing of cryptocurrency exchanges, and the protection of retail investors. The research includes the identification of key problems, contradictions, and gaps in existing legal regulation, as well as justification for the necessity of improving the legislative framework using the SWOT analysis method to develop strategic solutions in the field of cryptocurrency regulation. The study employs methods of induction, deduction, comparative law, and formal legal methods, as well as a systematic approach. A SWOT analysis was used to identify the strengths and weaknesses of cryptocurrency legal regulation. The basis consisted of regulatory acts, judicial practice, and scientific literature. The scientific novelty of the research lies in the comprehensive application of the SWOT analysis method to assess the state of legal regulation of cryptocurrencies in the Russian Federation, which allowed for the identification of systemic contradictions in legislation and the determination of strategic directions for its improvement. Concrete recommendations for harmonizing the regulation of cryptocurrencies and the digital ruble, taking into account international experience and Russian realities, are proposed in the work. The conducted research showed that the current regulation of cryptocurrencies in Russia develops fragmentarily and is accompanied by a number of legal uncertainties. Despite significant progress, issues of licensing crypto operators, protecting investors' rights, and aligning approaches of various state bodies remain unresolved. For the effective integration of cryptocurrencies into the economy, it is necessary to develop a unified, systematic, and balanced legal stance that takes into account both national interests and international standards for the regulation of digital assets.
Keywords:
retail investors, cybersecurity, taxation, international payments, mining, SWOT analysis, digital ruble, legal regulation, cryptocurrency, legislation
Reference:
Yarar M..
Constitutional guarantees in Central Asian countries: main civil rights and freedoms de jure and their de facto status.
// Law and Politics.
2025. № 4.
P. 16-28.
DOI: 10.7256/2454-0706.2025.4.74045 EDN: RXNXDM URL: https://en.nbpublish.com/library_read_article.php?id=74045
Abstract:
This article conducts a comparative analysis of the fundamental rights and freedoms defined in the constitutions of Central Asian countries (Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, and Turkmenistan) and assesses the state of these guarantees in practice in light of reports from international human rights organizations. The research is based on two main sources: the report "Freedom in the World 2025" published by Freedom House and the "Human Rights Reports 2024" by Amnesty International. Although rights are usually defined broadly in constitutions, under authoritarian regimes, these rights are de facto limited. In this context, it is essential to strengthen an independent judiciary, the rule of law, and democratic institutions to enhance the effectiveness of constitutional guarantees. The study highlights the structural contradiction between norms and practices. Using methods of comparative constitutional analysis and qualitative content analysis, the article systematically examines constitutional guarantees and their implementation in Central Asian countries. The constitutional frameworks of Central Asian countries are analyzed comparatively in terms of fundamental rights and freedoms, including reports and findings from international organizations. While there are many studies dedicated to constitutional rights and freedoms in Central Asia, comparative studies systematically examining the difference between constitutionally recognized rights (de jure) and their practical implementation (de facto) are quite limited. This article fills that gap and analyzes the provisions on fundamental rights in the constitutions of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan compared to the empirical data of international human rights organizations. Thus, the research reveals not only the normative provisions but also the actual ineffectiveness of these provisions, as well as how they become non-functional in the context of authoritarian regimes. Ensuring the rule of law, protecting freedom of speech, and strengthening an independent judiciary should be primary priorities for the constitutional order in these countries to become truly operational not only in written texts but also in social life.
Keywords:
Authoritarian regimes, Political rights, Freedom of expression, Democracy, Human rights, Central Asia, Fundamental freedoms, Constitutional rights, Rule of law, De jure – De facto
Reference:
Akhmadova M.A., Schunina T.E..
Expansion of the directions of experimental legal regimes (on the example of the federal territory "Sirius")
// Law and Politics.
2025. № 3.
P. 78-89.
DOI: 10.7256/2454-0706.2025.3.73005 EDN: YJXRQH URL: https://en.nbpublish.com/library_read_article.php?id=73005
Abstract:
The subject of the research in this article is the analysis of the prerequisites for the creation of experimental legal regimes in the legal legislation of the Russia. The authors have identified the positive effects of establishing experimental legal regimes in the context of the need to ensure technological sovereignty and train personnel with maximum immersion in the information technologies. The subject of the research is the analysis of the prerequisites for the creation of experimental legal regimes in the legal regulation of the Russian Federation and the expansion of their scope. The authors have identified the positive effects of establishing experimental legal regimes in the context of the need to ensure technological sovereignty and train personnel in a short time and with maximum immersion in the field of information technology, as well as identified the risks to the Russian legal system caused by the rapid spread of the practice of using this tool. The author's attention is also focused on the specifics of testing innovative approaches in the field of education within the framework of the experimental legal regime in the federal territory of Sirius. The author concludes that the need to mitigate the risk of loss of stability by the rule of law indicates the need to create a federal regulatory legal act that will create a unified conceptual framework, introduce a standard for establishing experimental legal regimes, and create a parametric scale of indicators for monitoring the effectiveness and efficiency of experimental legal regimes.
Keywords:
strategic planning, state, safety, Information technology, Sirius, digital innovation, frames, education, technological innovation, experimental legal regime
Reference:
Stroikov S.P..
The results of the 2024 parliamentary elections in Uzbekistan and the modernization of electoral processes
// Law and Politics.
2025. № 2.
P. 1-11.
DOI: 10.7256/2454-0706.2025.2.73039 EDN: VHBVBF URL: https://en.nbpublish.com/library_read_article.php?id=73039
Abstract:
The purpose of this study is to analyze the specifics of the parliamentary elections in Uzbekistan in 2024 in the context of ongoing political reforms and democratization of the country, with an emphasis on assessing the effectiveness of the new mixed electoral system, the level of political competition, civic participation, and transparency of the electoral process. Special attention is given to the introduction of a mixed electoral system that combines proportional and majoritarian representation, reflecting a significant shift from previous electoral frameworks. This mixed system aims to balance the representation of diverse political interests while maintaining stability within the government. Furthermore, the adoption of technological innovations like electronic voting and optimized ballot designs is discussed. Positive changes aimed at increasing transparency in the electoral process are also highlighted, particularly the enhanced involvement of women and ethnic minorities in politics. The efforts to ensure that various societal groups are represented in the parliament are a crucial aspect of these elections, as they signify a move towards a more inclusive political culture. Initiatives designed to encourage civic participation, such as public forums and awareness campaigns about the electoral process, demonstrate a commitment to engaging citizens in governance. At the same time, key challenges are identified, including limited political competition, deficiencies in civic election monitoring, and strict restrictions on campaign activities. The study concludes with the necessity for further improvements to the electoral system to strengthen democratic institutions, foster political pluralism in electoral processes. It is imperative that the government addresses these challenges by promoting a freer political landscape, ensuring the integrity of election monitoring, and protecting the rights of candidates to campaign effectively. Only through these measures can Uzbekistan move towards a truly democratic society where the voices of all citizens are heard and valued in the political arena.
Keywords:
mixed electoral system, electronic voting, parliamentary elections, political campaigns, democratization, Uzbekistan, politics, the electoral process, electoral system, Elections
Reference:
Lapina M.A., Valentik G.I., Samofalov D.E..
The Government of the Russian Federation in the system and structure of the Federal Executive authorities of the Russian Federation: administrative and legal aspect
// Law and Politics.
2025. № 1.
P. 19-32.
DOI: 10.7256/2454-0706.2025.1.72771 EDN: TECROH URL: https://en.nbpublish.com/library_read_article.php?id=72771
Abstract:
The subject is the conceptual aspects and regulatory legal acts defining the legal status of the Government of the Russian Federation. The article reveals the signs of executive authorities. The analysis of the provisions of regulatory legal acts affecting the legal status of the Government of the Russian Federation is carried out. The relevance of the article is to identify the existing legal uncertainty of the place and role of the Government of the Russian Federation in the exercise of executive power.The theoretical basis is made up of scientific works by scientists and practitioners in the field of public law, whose research interests focused on issues related to the study of the system of executive authorities in Russia. The main purpose of the article is to analyze the legal status of the Government of the Russian Federation and to draw conclusions about its place in the system and structure of federal executive authorities and its role in public, including executive, government. In the course of the research, legal methods (formal-logical, comparative-legal), as well as the methodology of system analysis and expert analysis were used. As a result of the analysis of constitutional and administrative legislation in the field of public administration, significant features of the Government of the Russian Federation have been identified, interaction and relationship with federal executive authorities have been characterized, and problematic aspects of its legal status have been identified. The statement in the Federal Law "On the Government of the Russian Federation" that the Government of the Russian Federation is part of the system of federal executive authorities does not seem sufficiently justified, taking into account the content of the Basic Law of Russia and the acts of the President. The novelty of the article lies in substantiating the need to verify the provisions of regulatory legal acts on the legal status of the Government of the Russian Federation for their compliance with the Constitution of the Russian Federation, as well as the need for interpretation by the Constitutional Court of the Russian Federation, taking into account the amendments to the Constitution of the Russian Federation introduced in 2020.
Keywords:
structure, system, legal status, administrative reform, constitutional reform, public authority, federal agencies, The Government of the Russian Federation, The executive branch, executive authorities
Reference:
Burtseva S.S..
Recognition of legal norms as unconstitutional as a form of overcoming legal uncertainty
// Law and Politics.
2024. № 12.
P. 90-99.
DOI: 10.7256/2454-0706.2024.12.72369 EDN: IHSLUC URL: https://en.nbpublish.com/library_read_article.php?id=72369
Abstract:
The subject of the research is the study of overcoming the legal uncertainty of legal norms by recognizing them as unconstitutional as a result of the implementation of constitutional judicial review. The author considers the role of recognizing legal norms as unconstitutional for the state of legal certainty, the consequences of implementing the considered form of activity of the Constitutional Court of the Russian Federation, designated in the practice of constitutional justice, situations that clearly entail recognition of legal norms as inconsistent with the Constitution, as well as methods of achieving legal certainty. The study is based on the established practice of the constitutional review body of Russia in the administration of constitutional justice, its analysis from the point of view of the idea of legal certainty and other guiding legal ideas, as well as the opinions and positions of leading political scientists on the issue under consideration. This study uses general scientific (analytical, statistical) and special (formal-legal) research methods. The study has established that recognizing legal norms as unconstitutional is a radical way to overcome legal uncertainty, which is associated with the consequences of decisions of Constitutional Court of the Russian Federation. In addition, based on the practice of constitutional justice, groups of situations are defined in which the application of the method under consideration becomes inevitable, and methods implemented by the Constitutional Court of the Russian Federation are identified that facilitate the achievement of legal certainty (for example, addressing the legislator with instructions on future legal regulation, establishing measures for the implementation of decrees recognizing norms as unconstitutional). The author also raises the problem of maintaining the effect of legal regulation recognized as unconstitutional, as well as the problem of enforcing decisions recognizing legal norms as unconstitutional, in connection with requests from judicial bodies.
Keywords:
norm control, uncertainty, Constitutional Court of the Russian Federation, constitutional justice, Constitution of the Russian Federation, constitutionality, defect in law, legal certainty, principle of law, verification of norms
Reference:
Sergeev A.M..
The concept and legal regime of innovative vehicles: general theoretical issues
// Law and Politics.
2024. № 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
Reference:
Podolskiy V.A..
Social policy system in the Republic of Korea: features of development and performance
// Law and Politics.
2024. № 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
Reference:
Butakova Y.S..
Counter-sanctions regulation: comparative legal analysis (Russia and China)
// Law and Politics.
2024. № 10.
P. 59-71.
DOI: 10.7256/2454-0706.2024.10.69366 EDN: ZGIZSO URL: https://en.nbpublish.com/library_read_article.php?id=69366
Abstract:
A new legal regulation is being formed in the Russian Federation related to unprecedented anti-Russian sanctions. International sanctions against Russia not only became an impetus for the development of legal institutions of Russian law, but also forced to turn to foreign anti-sanctions experience of such regulation. Under these conditions, a new legal institution of Russian law is being formed – the institute of counter-sanctions (sanctions) regulation. This process is taking place against the background of growing ties between Russia and China. At the same time, in both countries, counter-sanctions regulation is at the stage of formation. In this regard, it is relevant to conduct a comparative legal analysis, identify common and different characteristics of legislation, which will allow us to form proposals for improving Chinese and Russian counter-sanctions regulation. The author applies both philosophical and general scientific methods of cognition (analysis and synthesis, induction and deduction, critical and dialectical methods) and methods specific directly to legal science (structural-logical, formal-legal, comparative-legal). The key difference between the Chinese approach to the formation of a counter-sanctions system is its focus on prohibiting compliance with the sanctions of foreign states. There is no such prohibition in Russian regulation (but several similar bills have been submitted to the legislature for consideration) and the legislative emphasis is on protecting the country and individuals from unfriendly actions of foreign states. Although the Chinese counter-sanctions regulation differs from the Russian one, it has a number of common features with it. Also, Russian regulation is more advanced and transparent in terms of mechanisms for the introduction and control of counter-sanctions. The undeniable advantage of Russian counter-sanctions regulation is undoubtedly its official consolidation within the framework of the legal system, while in China a significant part of the sanctions are outside the official legal regulation and are located in the plane of political decisions on the country's trade policy.
Keywords:
The sanction, economic measures, counter-sanctions regulation, unilateral measures, countermeasures, Chinese sanctions, special economic measures, counter-sanctions, sanctions, counter-sanction
Reference:
Lykov A.Y..
Democracy and the problems of its legal support in the content of the political and legal ideal
// Law and Politics.
2024. № 9.
P. 92-114.
DOI: 10.7256/2454-0706.2024.9.71759 EDN: ELHKPP URL: https://en.nbpublish.com/library_read_article.php?id=71759
Abstract:
The subject of this study is democracy as the concept of «political and legal ideal» and the problems of its legal support. In the analysis of modern scientific and legal works and sociological reports, the authors postulate the thesis that democratic institutions in many countries have encountered new challenges of objective reality. Overcoming the latter seems possible through the application of individual theoretical concepts and the corresponding modification of legal regulation. To achieve this goal, an attempt was made to solve the problems of general characteristics of modern problems of democracy, consideration of the influence of national and transnational corporations on democracy, definition of variants of an effective electoral system of the state, as well as establishment of legal means preventing distortion of the content of constitutional norms. The methodological basis of the study consists of analysis, synthesis, dialectical and system-analytical methods. Formal-legal and comparative-legal methods are used to analyze domestic, foreign and international legal acts. The authors consider proposals for changing the current legislation regulating certain social relations to be a special contribution to the study of the topic. Those include adopting a federal law regulating the political participation of national and transnational corporations, changing the electoral system of the state by expanding the indirect election system and the role of representative government, as well as the possibility of amending the legislation, which is designed to ensure the independence of the judicial bodies by introducing the election of leading positions of this branch of government by judges and from among judges. The proposals presented by the authors can serve as a basis for further improvement of legal regulation, as well as contribute to the development of a unified position on the part of the scientific community on the controversial issues addressed in the work.
Keywords:
pressure groups, transnational corporations, national corporations, constitution, legislation, political and legal ideal, political regime, democracy, human rights, democratic institutions
Reference:
Lagodina E.I..
The paradox of criminal procedural provision of notarial secrecy and its overcoming
// Law and Politics.
2024. № 9.
P. 79-91.
DOI: 10.7256/2454-0706.2024.9.71751 EDN: EEQNPX URL: https://en.nbpublish.com/library_read_article.php?id=71751
Abstract:
The main subject of this article, is notarial secrecy, the purpose of which in criminal proceedings is to ensure the rights and legitimate interests of its participants of the criminal proceedings. Despite the fact that the property relations developping in criminal proceedings at an accelerated pace, the activities of a notary in general and such an important element as notarial secrecy still remain "Terra incognita" for the science of criminal procedure. The lack of targeted research in this area leads to a "lag" in legislative regulation and problems in law enforcement. Of particular interest is the consideration of the phenomenon of notarial secrecy from the point of view of such a legal regime of secrecy, which defines it as a multi-secret, covering numerous areas of personal life of citizens. This circumstance confirms the necessity and expediency of establishing procedural means of protecting notarial secrecy. Using dialectical, theoretical, comparative legal, formal legal, methods of research allowed the author of the article to obtain significant information about the essence of notarial secrecy and its features in relation to the criminal procedure sphere. The novelty of the obtained results is expressed in the author's position regarding the identified paradox in the regulation of the system of ensuring the rights of participants, contradictions in the attitude of the legislator to the protection of their property interests and ensuring their stability in the presence of verification of a report of a crime, criminal proceedings. In the applied aspect, judgments are expressed about its essence as a complex legal phenomenon, each element of which should be assessed independently and receive its own means of protection from disclosure in the context of criminal proceedings, as well as at the stage of verification of a report of a crime.
Keywords:
property interests, legitimate interests, rights, protection, providing, notary, criminal proceedings, notarial secrecy, professional secrecy, official secrecy
Reference:
Barannikov D.I..
The formation of patriotic entrepreneurship and the institutionalization of interaction between government and business in Russia in 1992-2022.
// Law and Politics.
2024. № 8.
P. 68-89.
DOI: 10.7256/2454-0706.2024.8.71501 EDN: OPMOXR URL: https://en.nbpublish.com/library_read_article.php?id=71501
Abstract:
The subject of the research is patriotic entrepreneurship in Russia as a historical and political phenomenon: its formation in the process of institutionalization of relations between government and business in Russia in 1992-2022, as well as its role and place in the domestic political system. The stages of formation of patriotic entrepreneurship in the framework of the process of transformation of interaction between government and business in Russia in 1992-2022, its significance in the Russian political system are shown. When identifying the periods, the institutional and event contexts were taken into account: the domestic policy of the Russian Federation in its institutional aspect, as well as international events and nuances of domestic foreign policy that influenced the transformation of the political system of Russia and the openness of foreign markets for domestic businessmen. The dialectical method, methods of institutional and event analysis are used to identify the features of the transformation of institutions of interaction between government and business in 1992-2022. On this basis, the author's periodization is substantiated, showing the stages of the formation of patriotic entrepreneurship (the periodization method), which is compared with existing periodizations of the institutionalization of interaction between government and business in Russia (the comparative analysis method). The novelty lies in the fact that the formation of patriotic entrepreneurship in Russia is considered in the historical and political science context and the periodization of its formation in the process of institutionalization of interaction between the authorities and business and stabilization of the political system is substantiated. It is shown that in 1992-2022 the political institutionalization of interaction between the authorities and business went through four stages. The time of formation of patriotic business began in 2003, i.e. starting from the second stage and “equal distance of oligarchs from power”.
Keywords:
interaction between government and business, civil society, institutionalization, business, government, patriotic entrepreneurship, political institution, political system, business-association, post-Soviet and contemporary Russia
Reference:
Gogeniia D.Z..
State responsibility for the massive violation of rights and freedoms : a comparative analysis of the experience of the United States of America and the Russian Federation
// Law and Politics.
2024. № 7.
P. 55-66.
DOI: 10.7256/2454-0706.2024.7.71190 EDN: TZSOMO URL: https://en.nbpublish.com/library_read_article.php?id=71190
Abstract:
The subject of the study is the state responsibility in the form of compensation for harm, committed by massive violation of human rights and freedoms. The object of the study is the actual and historical forms of the state responsibility in the legal systems of the Russian Federation and the United States of America. The author examines in detail such aspects of the topic as: the implementation of state responsibility for the damage caused within the framework of private law (regular) and public law (emergency) mechanisms; law enforcement practice of the Russian Federation and the United States on issues of state compensation for harm; the practice of adopting "compensatory acts". Special attention is paid to the principle of sovereign immunity of the state, its historical origin and modern understanding, differences of its interpretation in the Russian Federation and the United States; identification of common features and differences in approaches to the institution of state compensation for harm in the two countries; proposals for improving national legislation in the context of the topic under consideration. Using a comparative method, the author illustrates the processes of formation of this institution in the studied legal systems, defines the differences between the institutions of compensation for "private law" and mass harm committed by the state. The legal research presented in the article allows to conclude that the established practice of implementing this institution has similar features in both studied states, which allows us to use each other's experience. The novelty of the study is justified by conducting a comparative study of state-sponsored compensation institutions in the Russian Federation and the United States with an emphasis on mass harm, which revealed a general trend towards the adoption of "compensatory acts", the purpose of which is to circumvent the judicial procedure for dispute settlement in such situations. A proposal was also formulated on the need to specify Russian legislation in the field of compensation for mass environmental damage, including through the introduction of compensatory mechanisms. The practical significance of the work lies in the possibility of using its results to improve legislation and law enforcement practice in the field of state compensation for mass harm.
Keywords:
Constitutional and legal responsibility, The U.S. Supreme Court, The Constitutional Court, State responsibility, Compensation for harm, The Constitution, Sovereign immunity, Compensatory acts, Environmental harm, Massive harm
Reference:
Orlov D.V..
Legal regulation of the cost of legislation
// Law and Politics.
2024. № 5.
P. 1-16.
DOI: 10.7256/2454-0706.2024.5.70122 EDN: KTKKRT URL: https://en.nbpublish.com/library_read_article.php?id=70122
Abstract:
In lawmaking, there are situations when draft normative legal acts do not reach the entry into force stage. In some cases, the reason is non-compliance with formal requirements, poor elaboration of the act, and in some cases, incorrect calculations or inexpediency of expenses. A large number of changes are often made to already adopted regulations in order to correct previously incorrect decisions, as well as adjust the financial security of their implementation. These situations are aggravated by various circumstances, including, for example, difficult economic conditions and the international situation, calling for a compromise between costs and regulatory effectiveness. Such problems and circumstances show the importance of studying the cost of legal regulation, one of the aspects of which is the study of the normative consolidation of rules regarding the determination of the cost of law-making and the implementation of accepted norms. Based on this, the subject of this study is normative legal acts that establish the need to study and fix the costs of law-making and the costs associated with planning the implementation of norms, as well as the requirements for the content of the financial and economic justification as an accompanying document of the draft normative legal act. The author comes to the conclusion that despite the significant importance and the real need for regulatory legal consolidation, the assessment of the costs of lawmaking is not regulated anywhere. On the contrary, the requirements for estimating the planned costs of legal realization are regulated in a variety of subordinate regulatory legal acts and in most cases these provisions are duplicated. Regulatory impact assessment and actual impact assessment are currently carried out in relation to business entities and other economic activities and only in relation to costs arising in connection with the fulfillment of regulatory requirements.
Keywords:
the state budget, financial and economic justification, assessment of regulatory impact, assessment of actual impact, economic efficiency of the norm, social effectiveness of the norm, bill, the cost of legal regulation, legal technology, lawmaking
Reference:
Usenkov I.A..
Stability of telemedicine legislation: current issues
// Law and Politics.
2024. № 3.
P. 30-40.
DOI: 10.7256/2454-0706.2024.3.70044 EDN: XFDLWY URL: https://en.nbpublish.com/library_read_article.php?id=70044
Abstract:
The main features and problems of the development of legislative regulation of telemedicine in the Russian Federation are considered. The stages of such development are identified and analyzed: the existence of a concept, the existence of detailed regulation, the establishment of the possibility of deregulation within the framework of a legal experiment, the beginning of a legal experiment. The correlations between changes in the telemedicine services market and changes in legislation and regulated public relations are considered. The probable reasons that prompted the legislative bodies to establish detailed regulation of relations in the field of telemedicine have been identified, given that the provision of telemedicine services has never been prohibited (encouraging participants in civil turnover to use this legal institution, public interest in regulated public relations). The aim of the work was to formulate the problems of non-systemic changes in legislation on telemedicine, their determinants and further optimal development vectors. The research methodology is based on historical and teleological methods that allow us to consider the problems of legal regulation of telemedicine, based on the peculiarities of the formation of legislation in this area. The paper analyzes statistical data, regulations and materials of judicial practice; using the comparative legal method, general and various trends with the development of other legislative institutions are identified. It is concluded that regular changes in legislation on telemedicine, undermining its stability and predictability of legal regulation, have their reasons for the lack of conditionality of reforms with the current concept of development of legislation on telemedicine, as well as the redundancy of the adopted regulatory regulation. Taking into account the absence of civil law litigation on the provision of telemedicine services, it is proposed to expand deregulation in this area beyond the legal experiment: extending its provisions to the current legislation as a whole. This need is indirectly confirmed by statistical data on a significant increase in the provision of telemedicine services after their legislative consolidation, with its subsequent decrease and the introduction of a legal experiment on deregulation after that. The study is financially supported by the Russian Science Foundation, project No. 23-78-10175, https://rscf.ru/project/23-78-10175/.
Keywords:
remote medical care, dynamism, stability, deregulation, development of legislation, legal regulation, concept, telemedicine, medicine, legislation
Reference:
Fedyanin Y.M..
Public legal means of protecting national interests in the field of foreign investment: the modern experience of Russia and the Republic of Belarus.
// Law and Politics.
2024. № 2.
P. 80-92.
DOI: 10.7256/2454-0706.2024.2.68678 EDN: UTXMRA URL: https://en.nbpublish.com/library_read_article.php?id=68678
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Abstract:
The subject of the research in this article is the experience of Russia and the Union State of the Republic of Belarus in protecting national interests in the field of foreign investment in terms of the use of public legal means of state regulation. The object of the study is regulatory documents, recommendations and other documents regulating the protection of national interests in the implementation of foreign investments in Russia and in the Republic of Belarus, existing national strategies and regulatory approaches. In the course of the study, the author used the method of system analysis, priority was given to special legal methods of cognition, among which methods of comparative legal analysis, theoretical and legal modeling should be highlighted. The author considers ways to overcome the sanctions pressure from unfriendly states, compares the legal restrictions imposed by the Union states and identifies their differences. The article provides a comparative analysis of the current approaches of the Republic of Belarus and Russia on the issues of ensuring the security of foreign investment, taking into account the transformation of the economies of states based primarily on domestic sources of investment financing.The author comes to the conclusion that the means of protecting public interests in the Republic of Belarus have proved effective in practice and can be recommended for use also in the Russian legal field. At the same time, the Russian financial market continues to adhere to the principle of openness and accessibility to foreign investors, but at present these principles are implemented only to the extent that does not contradict the maintenance of national financial sovereignty and are focused on friendly jurisdictions. And the creation of incentive measures to attract them is a new task in the development of legislation both in Russia and in the Republic of Belarus.
Keywords:
attraction of foreign investments, ensuring the security of investments, public-law remedies, development strategy, attraction of domestic investments, restrictive measures in Belarus, restrictive measures in Russia, unfriendly jurisdictions, Foreign investments, protection of national interests
Reference:
Kurakin A.V..
The legality of the application of administrative coercion measures in the activities of the police
// Law and Politics.
2023. № 12.
P. 35-46.
DOI: 10.7256/2454-0706.2023.12.43773 EDN: GNLTXS URL: https://en.nbpublish.com/library_read_article.php?id=43773
Abstract:
The article draws attention to the problems of ensuring legality in the application of administrative coercion measures. This problem is one of the most important, since during the application of coercive measures, restrictions on the rights of citizens are carried out. Administrative coercion is applied only if there are appropriate grounds, which is partly a guarantee of compliance with the requirements of legality in the application of appropriate coercion. The author drew attention to the guarantees of legality, which must be taken into account when applying administrative coercion measures, these guarantees can be both material and procedural. Procedural guarantees are more in demand when applying measures of administrative and procedural coercion, they are associated with the action of administrative responsibility. The problems of ensuring the rule of law are relevant for all areas of law enforcement activities of the police. One of the activities of the police is administrative activity. The police use a wide variety of forms and methods that are of an administrative and legal nature, in this regard, the guarantees of legality also have an administrative nature. The author drew attention to the essence of these guarantees, carried out their classification according to their functionality and regulatory consolidation. The author concluded that the guarantees of legality predetermine the effectiveness of the administrative activities of the police, in the widest range of its implementation. The scientific novelty of the article is determined by the fact that the author has formulated a number of proposals that will make it possible to improve the quality of administrative activities of the police.
Keywords:
condition, control, requirement, principle, compliance, police, law and order, coercion, legality, method
Reference:
Vronskaya M.V..
Comparative legal study of the application of a civil penalty as an interim measure in Russia and foreign countries
// Law and Politics.
2023. № 11.
P. 35-50.
DOI: 10.7256/2454-0706.2023.11.68975 EDN: CKCGWP URL: https://en.nbpublish.com/library_read_article.php?id=68975
Abstract:
The subject of the study is a comparative legal analysis of Russian and foreign legislation in terms of the legal nature of the civil penalty as an interim measure in order to implement positive experience in Russian law enforcement practice. The author examines in detail the legislative foundations of the civil penalty by the EU countries, the USA and England in terms of establishing a common and different legal essence, and legislative meaning in the formulation of provisions aimed at the implementation of this institution by subjects of property relations. The substitution of the security function of the civil penalty by a foreign legislator, its "sanction" essence, is noted, however, along with this, the unconditional observance by the US courts of the freedom of expression of the parties to the contract in terms of determining the rules for the application of the penalty is seen as a positive experience. The author believes that such an approach can be copied in Russia, where the courts take a slightly different position, reducing the penalty on the debtor's application in the vast majority of cases. The paper uses a comparative legal analysis of foreign practice of civil penalty regulation in order to formulate conclusions regarding the subject of the study. Through the application of this methodology, it was found that, in foreign countries, unlike Russia, a civil penalty is applied as a measure of civil liability, and not a security one, which does not affect the positive practice of its application. The main conclusions of the study, along with the definition of similarities and differences in the application of the civil penalty by Russian and foreign legislators, are: the predominance of the security function of the Russian model of penalty, stimulating contractual discipline of participants in property relations; a "rational" approach to establishing the right of the parties to reduce the size of the penalty, ensuring a balance of interests of the parties; determining the possible copying of positive American experience in terms of unconditional compliance with the freedom of expression of contractual regulation of the civil penalty by entrepreneurs by fixing in the Civil Code of the Russian Federation a written confirmation of the creditor's right to recover the penalty in case of delay of the obligation or its improper performance and acceptance of such performance by the creditor. Such a rule makes it possible to strengthen the security function of the penalty and act as a way to protect the interests of the creditor in the event of improper (defective) performance of the obligation by the debtor.
Keywords:
freedom of contract, creditor rights, judicial discretion, downsizing, foreign practice, measures of responsibility, securing obligations, proportionality, penalty, arbitrage practice
Reference:
Ivanova E.L., Tol'zak A.E..
Problems of legal regulation of public events at the present stage
// Law and Politics.
2023. № 9.
P. 47-59.
DOI: 10.7256/2454-0706.2023.9.40662 EDN: ZHDKPA URL: https://en.nbpublish.com/library_read_article.php?id=40662
Abstract:
The subject of the study is the legal regulation of public relations arising in the process of realization by citizens of the Russian Federation of the constitutional right to participate in public events. Over the past decade, the legislation regulating the exercise by citizens of the Russian Federation of the constitutional right guaranteed by Article 31 of the Constitution of the Russian Federation has undergone significant changes. The development of socio-political processes inevitably leads to the emergence of new forms of public events, the need for legal regulation of which is still subject to comprehension in legal science. The conducted research of certain issues of legal regulation and practice of holding public events allows us to identify possible prospects for the development of legislation on public events, as well as to make suggestions for improving its current provisions. Research methods: the study was conducted using classical general scientific and special legal methods of cognition (historical, logical, including systemic, formal-legal, hermeneutic, etc.) in combination with an interdisciplinary approach (assessment of legal phenomena through the prism of social and political factors). Of particular importance for the purposes of this study is the method of comparative jurisprudence, which allowed us to establish trends in the development of legal regulation of the procedure for holding public events in foreign countries. The novelty lies in the proposals formulated by the authors of the article to improve the provisions of Federal Law No. 54-FZ of June 19, 2004 "On Meetings, rallies, demonstrations, processions and picketing".
Keywords:
citizens, forms of democracy, picketing, processions, demonstrations, meetings, rallies, counter-measures, public events, public opinion
Reference:
Korobko K.I..
Contents of the concept of legal regulation of relations in the provision of paid medical services
// Law and Politics.
2023. № 8.
P. 59-67.
DOI: 10.7256/2454-0706.2023.8.44059 EDN: XVTXVG URL: https://en.nbpublish.com/library_read_article.php?id=44059
Abstract:
The article presents the main provisions of the author's concept of legal regulation of relations in the provision of paid medical services. The content of the basic elements of this concept is revealed, among which the central place is occupied by the mechanism of legal regulation of relations in the provision of paid medical services. The author has identified a system of legal goals in the mechanism of legal regulation of relations in the provision of paid medical services, formed a general idea of the system of legal means in this mechanism, and analyzed their implementation in legal activities. The purpose of the work is to highlight the main provisions of the author’s concept of legal regulation of relations in the provision of paid medical services. Scientific results were obtained on the basis of a set of scientific and methodological approaches: categorical, conceptual, instrumental, systemic, axiological. On a theoretical and methodological basis, the author studied the mechanism of legal regulation of the relations under consideration. The optimal combination of private law and public law means in the mechanism of legal regulation of relations for the provision of paid services was identified; these means were studied in the activity aspect and assessed from the point of view of their achievement of the legal goals of this mechanism. The concept developed by the author has a high scientific and practical significance and helps to improve the legal regulation of relations in the provision of paid medical services to ensure the preservation and strengthening of people’s health, the prevention and treatment of diseases based on the coordination of multidirectional legal goals of the participants in these relations.
Keywords:
methodology, entrepreneurial activity, medical activities, legal activity, legal means, legal purposes, public relations, legal regulation mechanism, paid medical services, legal regulator
Reference:
Osipov M.Y..
On the issue of improving the bankruptcy procedure of the liquidated debtor
// Law and Politics.
2023. № 4.
P. 36-47.
DOI: 10.7256/2454-0706.2023.4.40646 EDN: WJEEIJ URL: https://en.nbpublish.com/library_read_article.php?id=40646
Abstract:
The subject of the research in this article is the legal regulation of the bankruptcy procedure of the liquidated debtor. The purpose of the study is to analyze the peculiarities of legal regulation of bankruptcy of legal entities from the point of view of general and specific patterns of legal regulation and requirements imposed on it, to identify problems in legal regulation that create conditions for illegal actions in the bankruptcy of legal entities, including the recognition of a fully solvent debtor as bankrupt. During the study, the analysis of the legal regulation of public relations in the field of insolvency (bankruptcy) was carried out by setting control questions concerning the degree of certainty of elements of these relations, as well as by determining the main types of risks arising in the regulation of these relations. During the study, it was found that the legal conditions for committing illegal actions in bankruptcy are, in particular, the availability of simplified bankruptcy procedures, in particular the bankruptcy of the liquidated debtor, which allows in some cases, in the presence of unfair actions on the part of the management of these legal entities and (or) persons affiliated with this management, to carry out illegal actions. A number of measures are proposed to improve the current legislation in the field of bankruptcy of a liquidated debtor, aimed at both protecting the interests of the debtor and protecting the interests of the creditor, including such as the introduction of mandatory monitoring procedures and mandatory inventory during this procedure.
Keywords:
business law, warning, accounts payable, accounts receivable, concealment, the legislation of the Russian Federation, simplified procedures, legal entities, illegal actions, bankruptcy
Reference:
Chetverikov A..
Anti-ESG standards: law and practice (elements of foreign experience)
// Law and Politics.
2023. № 3.
P. 41-56.
DOI: 10.7256/2454-0706.2023.3.40452 EDN: PYUIVM URL: https://en.nbpublish.com/library_read_article.php?id=40452
Abstract:
Subject Matter: The preservation of the environment for future generations and the achievement of other «sustainable development» goals consented by all the states within the the UN have given birth in the XXI century to the «Environmental, Social and Governance (ESG)» standards, which are increasingly used with respect to either grant financial support to business entities. However, the introduction of ESG standards is accompanied by a number of negative consequences (an increase of the regulatory burden on business etc.), which led to a movement towards the consolidation of the opposite anti-ESG standards. The article explores the anti-ESG standards principally basing on the example of legal systems of the USA States, where they are introduced into parliamentary and subordinate legislation. Methods: The research was conducted using classical general scientific and special legal methods of cognition (historical, systemic, formal, etc.) in conjunction with an interdisciplinary approach (appraisal of legal phenomena in view of economic and political factors). Novelty: The article is the first attempt in Russian legal science to analyze, systematize and evaluate the essence and significance of anti-ESG standards in foreign legislation and law enforcement practice. Conclusions: Nowadays the American federalism is facing the legal competition between «pro-ESG» and «anti-ESG» rules at the States’ level. The results of this competition is worth monitoring in Russia and other countries in order to develop their own approaches to the legal regulation of sustainable development including ESG (or anti-ESG) standards.
Keywords:
greenwashing, sustainable development, USA, regulatory burden, non-financial reporting, anti-boycott laws, administrative burden, ESG, federalism, legal competition
Reference:
Kudryashov E.O..
Instead of the Electoral Code of the Russian Federation
// Law and Politics.
2023. № 2.
P. 10-19.
DOI: 10.7256/2454-0706.2023.2.37207 EDN: CVZUPR URL: https://en.nbpublish.com/library_read_article.php?id=37207
Abstract:
The subject of the study is the legal norms regulating public relations regarding the functioning of institutions of direct democracy in the Russian Federation, as well as drafts of the electoral Code of the Russian Federation and the opinions of scientists on the need to develop and adopt a federal electoral code, as well as the definition of the codification of law as such. The author comes to the conclusion that the previously proposed draft codes are not inherently codification products, since they basically reproduce the norms of existing legislation instead of radically changing it. At the same time, similar problems exist not only with regard to the right to vote, but also in the legal regulation of other institutions of direct democracy.As a result of the conducted research, the author comes to the conclusion that in order to realize the democratic nature of the Russian state, increase the efficiency of the functioning of direct democracy institutions, reduce their dependence on the discretion of public authorities, increase the guarantees of citizens for access to them, it is possible and necessary to develop, widely discuss and adopt the Code of Democracy of the Russian Federation. In the work, the author sets out the original concept of the code, in particular, justifies its name, the form of the federal constitutional law, and also describes the proposed structure of the code, which should include general provisions, sections on subjects of direct democracy, on the functioning of individual democratic institutions, as well as a section on the infrastructure of democracy.
Keywords:
Electoral code, electoral law, electoral process, Democracy Code, democracy, public events, petitions, code, codification, referendum
Reference:
Akhramkina K.A..
On the Implementation of the Principle of Dualism of Intellectual Law in Co-authorship
// Law and Politics.
2023. № 1.
P. 48-63.
DOI: 10.7256/2454-0706.2023.1.39019 EDN: GXRQUX URL: https://en.nbpublish.com/library_read_article.php?id=39019
Abstract:
The relevance of the conducted research is conditioned by the absence of legislative stipulation of the procedure and criteria of evaluation of the creative contribution of co-authors in the single result of their creative activity, as well as by the inconsistency of some cited court arguments, including the impossibility to create a photograph by several authors. In fact, the legislative definition of the notion of co-authorship, given in art. 1258 of the Civil Code of Russian Federation, is not substantial and functional: it lacks the essential and distinctive features and does not reflect the essence of this phenomenon, which makes it difficult to determine the contribution of each author and to evaluate it. In this paper we explore the notion of co-authorship, both in terms of its semantic meaning and in terms of the creative process. Co-authorship is examined using the example of the creation of a photograph as an object of copyright. In fact, the subject of the study is the relationship of established co-creation in photography and exclusive rights to it. The methods of analysis, inductive and comparison with the legislation of foreign countries were used. The main attention is paid to the analysis of judicial practice in the settlement of disputes on the violation of exclusive rights to photographic images, judicial explanation concerning the co-authorship and other similar in nature relationships arising in the process of creating an intellectual creative product (photography). Conclusions are drawn on the relationship between court-established infringement of exclusive rights and the recognition of copyright, legal dualism as the relationship between exclusive and copyright in the court's recognition of co-authorship or lack thereof.
Keywords:
disposition of rights, creative contribution, photography, exclusive right, author's right, author's right, collaboration, duality principle, intellectual property law, co-authorship, civil law
Reference:
Egorov S..
Legal Regulation for Ensuring the Integrity of the Russian Scientific Certification System
// Law and Politics.
2022. № 12.
P. 56-69.
DOI: 10.7256/2454-0706.2022.12.38620 EDN: MZWGCU URL: https://en.nbpublish.com/library_read_article.php?id=38620
Abstract:
This article is devoted to the issue of preserving the integrity of the Russian state system of scientific certification in the context of the growing diversity of regulatory and legal acts, as well as practices for awarding academic degrees. The recent expansion of the autonomy of a number of scientific and educational organizations raises a number of doubts, primarily related to the ability to ensure equal rights and opportunities for applicants for academic degrees in different parts of the system. This article provides a comparative analysis of state acts and regulatory acts of organizations that carry out procedures for the independent awarding of academic degrees. In the course of this study, three subsystems were identified that operate according to comparable rules but provide different rights and opportunities. The first subsystem is dissertation councils under the leadership of the Higher Attestation Commission and Russia’s Ministry of Education and Science. There, a place is occupied by special dissertation councils, in which the applicant avoids the publication of articles and the text of the dissertation, as well as other publicity requirements. The second subsystem is formed by scientific and educational organizations found on a special list. Similar norms and requirements apply within the framework of their local regulations, but there are also noticeable differences. These include reducing the number of dissertation councils, including candidates of sciences in them, the possibility of defending a candidate's thesis in the form of a scientific report, etc. The third subsystem includes spiritual education organizations awarding theological degrees. The ambiguity of the attitude toward such degrees remains at the federal legislation level. Theological degrees are recognized along with other academic degrees during state licensing and accreditation procedures, but their holders are not guaranteed mandatory surcharges, apostille affixing, etc. The analysis made it possible to identify indicators that are important for checking the integrity of the system and determining the direction of its improvement.
Keywords:
Doctor of Philosophy, theological degrees, scientific report, dissertation, higher education, dissertation council, state policy, scientific certification, academic degrees, PhD
Reference:
Zaprutin D.G..
Legal Regulation of Police Administrative Activities: Problems and Prospects
// Law and Politics.
2022. № 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
Reference:
Belozerova E.O..
Know-how as an institution for the protection of commercial information
// Law and Politics.
2022. № 4.
P. 24-42.
DOI: 10.7256/2454-0706.2022.4.37833 URL: https://en.nbpublish.com/library_read_article.php?id=37833
Abstract:
The development of technologies has been growing rapidly lately, and with it the need for their protection is growing. Modern legal regulation provides for several options for protecting information about their developments. The most effective and modern is the know-how institute. The subject of the study is know-how and a similar regime - a trade secret. The comparison of these institutions at the level of different legal systems and legal systems is carried out. The main criteria for distinguishing these terms are revealed. In addition, the analysis of the terms of agreements on the alienation of know-how was carried out. And the main problems in specifying the conditions in the know-how alienation agreement have been identified. The novelty of the study lies in the fact that for the first time the explanations necessary for the conclusion of a contract on the alienation of know-how are presented. The risks of concluding such contracts are analyzed and a decision on minimizing risks for all parties to the contract is presented. The analysis of theory and practice was not limited to the Russian Federation. The analysis of the legal regulation of know-how and trade secrets in the UK, USA and Germany is presented. Conclusions are drawn about the difference in the legal regulation of know-how and trade secrets, including in the scope of liability. However, the use of the institute of know-how provided by the introduction of a trade secret regime seems to be the most effective for the protection of confidential information.
Keywords:
TRIPS, risk, responsibility, contract, commercial secret, confidential information, the secret of production, know-how, intellectual property, subject of the contract
Reference:
Timshina E.L..
"We are returning...". Issues of pension provision in the elections to the State Duma of the Russian Federation of the VIII convocation.
// Law and Politics.
2022. № 3.
P. 23-35.
DOI: 10.7256/2454-0706.2022.3.36817 URL: https://en.nbpublish.com/library_read_article.php?id=36817
Abstract:
One of the main directions of the state's social policy is to support the elderly. In the Russian Federation, after the last pension reform of 2018, the issue of pension provision has become one of the main points of tension in the relationship between the state and society, which was reflected in the federal election campaign of 2021. The subject of study in this article is the proposals of political parties in the field of pension policy. The election programs of the parties in the 2021 elections to the State Duma of the Russian Federation of the VIII convocation were used as the object of the study. The author examines the attitude of the authors of pre-election programs to certain aspects of pension reform, including changes in the retirement age, the direction of further reforms, social protection of pensioners and pre-retirees, in addition, a comparison with the position of the parties in 2016 was made. The results of the study are based on the use of general scientific methods and principles of scientific knowledge, a systematic approach, comparative analysis and historical objectivity. Despite the continued significant interest of the population in the pension problem in 2021, which sharply increased after the retirement age was increased, the parties were unable to fully realize the potential of this issue. Speaking from critical positions, they focused on counter-reform, reducing most of the proposals to a return to the past, practically offering no innovations. Most of the statements on raising the level of pensions were clearly populist in nature and had no mechanism for their implementation. Regarding the 2016 elections, opposition parties have noticeably intensified criticism of the existing system and the Pension Fund of Russia. United Russia, on the other hand, distanced itself as much as possible from the pension reform, without touching on the latest changes in its election theses. It can be expected that in the next election cycle, the pension issue will retain the status of one of the central issues in the election campaign.
Keywords:
Communist Party, Fair Russia, Apple, United Russia, pension reform, The State Duma, elections, LDPR, RPPS, social legislation
Reference:
Lolaeva A.S..
Rendering public and municipal services via information and communication technologies as the element of e-democracy
// Law and Politics.
2021. № 12.
P. 89-101.
DOI: 10.7256/2454-0706.2021.12.36505 URL: https://en.nbpublish.com/library_read_article.php?id=36505
Abstract:
This research is dedicated to the issues of rendering public and municipal services via information and communication technologies as the element of e-democracy. The relevance of this topic is substantiated by the overall digitalization of public relations, including the provision of public services. The article covers the question of the emergence and development of the institution of public and municipal services; determines the essence of rendering public and municipal services along with the peculiarities of their legal regulation; demonstrates the transformation of the right of citizens to appeal to the government; describes the purpose of the administrative reform and the concept of its implementation; characterize the powers of the executive authorities exercised through multifunctional centers; establishes the forms of interaction between the executive authorities and multifunctional centers in the context of administrative reform; indicates the current state of the model instilled in the existing concept of rendering public services. The scientific novelty consists in the fact that within the framework of legal research of the problems and prospects of rendering public and municipal services via information and communication technologies as the element of e-democracy, substantiation is given to the authorial approaches towards definition of public (municipal) services provided in digital form. The conclusion is formulated that the prospect for the improvement of the quality of public services became the concept MFC 2.0, which suggests that 90% of the country's population would have access to the system of rendering public and municipal services in digital form. This creates a reliable platform for the activity of institutions of e-democracy, as well as participation in democratic processes and procedures in digital format.
Keywords:
information and communication technologies, document, information, multifunctional center, administrative reform, executive authorities, electronic services, municipal services, public services, digital democracy
Reference:
Rybakov A.V..
The Pact on Migration and Asylum as a the foundation of the new migration policy of the European Union
// Law and Politics.
2021. № 10.
P. 70-82.
DOI: 10.7256/2454-0706.2021.10.36576 URL: https://en.nbpublish.com/library_read_article.php?id=36576
Abstract:
The relevance of the selected topic is substantiated by the fact that in modern world migration has become a significant factor in the development of both accepting countries and countries of origin. Europe hosts the largest number of migrants. Since 2015, the EU member-states have been experiencing strong migration pressure. The existing migration stands in need for reform. The New Pact on Migration and Asylum should be a significant step towards creating a reliable and effective system for regulation of migration. The subject of this research is the institutional and legal characteristics of the EU New Pact on Migration and Asylum. The article analyzes the proposals of the European Commission regarding the migration policy reform, as well as the political-legal mechanism for their implementation; contradictions between the member-states in the course of the relevant discussions. The following conclusions are made: 1) It must be admitted that the new approach of the European Commission is comprehensive and aimed at integration of the internal and external aspects of migration policy. 2) The structure of the Pact corresponds to the goals of migration policy and consists on three levels – external, namely relations with the countries of origin and transit of migrants; control over the external borders of the EU; a new system of permanent solidarity. 3) As an annex to the New Pact on Migration and Asylum, the European Commission has presented a roadmap for implementation of various proposals. However, by the end of 2021, the schedule for the adoption of legal documents is not being maintained. 4) The only common denominator between the different groups of countries is the orientation towards external actions aimed at curbing migration movements prior to their arrival to Europe. 5) The plan of the European Commission on adoption of rules obligatory for all member-states currently seems untenable, considering the clashing interests.
Keywords:
asylum, migration, pact, Schengen area, European Parliament, European Commission, European Union, solidarity mechanism, border management, return and reintegration
Reference:
Chen S..
Legal issues of implementation of the principle of publicity of the real estate register in the People’s Republic of China
// Law and Politics.
2021. № 10.
P. 22-33.
DOI: 10.7256/2454-0706.2021.10.36757 URL: https://en.nbpublish.com/library_read_article.php?id=36757
Abstract:
The principle of publicity is one of the basic principles of real right and one of the important conditions for implementation of the principle of public credibility of the real estate title registration. During operation of China’s Law on Real Rights, a range of problems has emerged with the provisions in this part in doctrine and practice, for example: nature of the registration authority and its impact upon operation of the principle of public credibility of the real estate register, ambiguity of the category of interested person, method of confirmation of interest of the applicant, etc. Due to time constraint, these issues have not been eliminated as a result of recent enactment of the Civil Code of the People's Republic of China. There are plenty of disputes within the Chinese civil law doctrine. This article analyses the evolution of the legislation in force regarding the principle of publicity of the real estate register and state registration in PRC, as well as outlines the array of issues. The goal of this research lies in determination and assessment of significant flaws in the current legislation. The novelty consists in critical analysis of the existing problems and gaps in current legislation of the People's Republic of China, as well as the author's position based on the analysis of China’s social situation. The acquired results reveal the need for the development of the unified scientifically grounded legislation. The author believes that this work would contribute to development of the next stage of PRC legislation in terms of real estate title registration, lay groundwork for implementation of the principle of public credibility of the real estate register, as well as familiarize Russian audience with China’s experience on the matter.
Keywords:
Principle of Entity Publicity, Openness principle, Real property, Principle of public credibility, The Property Law,, The People's Republic of China, Principle of formal publicity, National registration, registration authority, Stakeholders
Reference:
Phedotov D.A..
Genesis and prerequisites for the emergence of youth parliamentarism in the Russian Federation
// Law and Politics.
2021. № 9.
P. 87-101.
DOI: 10.7256/2454-0706.2021.9.36431 URL: https://en.nbpublish.com/library_read_article.php?id=36431
Abstract:
The object of this research is the regional youth representative structures, while the subject is the establishment of youth parliamentary structures in the Russian Federation. The research leans on the methodology of historical neo-institutionalism with the “path dependence” approach. Attention is turned to studying the topic from the perspective of the need of federal and regional government in young personnel, substantiated by the shortage of competent specialists as a result of social disturbances. The empirical basis of this research is the interview with the former governor of Vologda Region (from 1996 to 2011) Vyacheslav Pozgalev, who was among the pioneers of the youth parliamentary movement. The novelty of this lies in examination of the phenomenon of youth parliamentarism in historical aspect. The date of creation of the first youth parliamentary body in Russia is established. The author determines five key prerequisites for the emergence of youth parliamentarism in the Russian Federation: European Charter; proliferation of the Western democratic values; political situation in the country; need for conventional self-expression of youth and creation of the filter for the youth labor pool. These prerequisites contributed the emergence and development of the institutions for expressing the political demands of the youth in the context of continuous dialogue ion with the federal and local government.
Keywords:
Democratic institutions, Personnel policy, Youth representation, Vologda Region, Youth parliamentary structures, Youth parliamentarism, Youth Parliament, Democratic values, Social and political activity, Youth movement
Reference:
Timshina E.L..
School education reform in the party discourse (based on the materials of the election to the State Duma of the 7th convocation)
// Law and Politics.
2021. № 6.
P. 140-151.
DOI: 10.7256/2454-0706.2021.6.35709 URL: https://en.nbpublish.com/library_read_article.php?id=35709
Abstract:
In recent years, the reforms of the educational system have become a pressing public concern. The subject of this research is the proposals of the political parties pertaining to school education. The article considers the election programs of political parties with the federal lists of candidates officially registered for the 2016 State Duma Elections. The author explores reference to the problems of public education in the election campaign, attitude of the parties to such topical aspects as the implementation of the Unified State Exam, social status and salary of the pedagogues, and future trends in the education reforms. With the exception of the “United Russia”, which noted a number of positive trends, the parties criticized the current situation in education. Most criticism was expressed towards drawbacks of the Unified State Exam procedure; therefore, the parties demonstrated different approaches – from its cancellation to modification. Instead of submitting new comprehensive proposals, the political actors suggested focusing on the Soviet system of education or the Russian system of education formed after 1991. The problem of school education will remain relevant in the next election cycle; however, the priority topic of discussion may change to distant education.
Keywords:
LDPR, KPRF, USE, Yabloko, Edinaia Rossiia, secondary education, Gosudsrtvennaia Duma, election, soviet education, edication reform
Reference:
Kovalev A.A..
Legal aspects of exercising discretionary authority of the prosecutor
// Law and Politics.
2021. № 3.
P. 17-25.
DOI: 10.7256/2454-0706.2021.3.35167 URL: https://en.nbpublish.com/library_read_article.php?id=35167
Abstract:
The subject of this research is the materials of the prosecutorial, law enforcement and judicial practice, norms of procedural legislation and legislation on the prosecutor's office, which regulate social relations emerged in exercising discretionary powers by the prosecutor in the context of oversight activity over execution of laws by the entities under supervision, as well as the positions formed on this matter. The object of this research is the social relations that arise in exercising discretionary powers by the prosecutor in the context of his oversight activity over execution of laws by the entities under supervision, essence, principles and limits, as well as the problems of their implementation occurring in prosecutorial activity. The study of discretionary authority of government branches lately receives increasing attention due ti the fact that limitless exercise of such authorities can invoke corruptive behavior. Examination of the questions of legal regulation of discretionary authority of the prosecutor is of prime importance as the prosecutor's office oversights the execution of laws and observance of rights of the citizens. The existing legal constructs that allow the exercise of discretion by the prosecutor are far from perfect, which causes the problems of law enforcement and violations of rights of the subjects under supervision. Therefore, the author explored the views of the scholars on the possibility of application and the scope of discretionary authority in the work of the prosecutor’s office and other government branches, effective legislation that regulates the discretionary authority of the prosecutor along with the practical aspects of its use. The novelty of this work and the author’s special contribution consist in the fact that based on the obtained results, the author offers a definition of the discretionary authority of the prosecutor, principles and limits of their application, as well as the way the legal constructs involving such authority should be structured.
Keywords:
legal constructions, citizens ' rights, discretion, legality, implementation limits, principles, corruption manifestations, discretionary powers, prosecutor, supervised entities
Reference:
Chirninov A.M..
The influence of procedural features of constitutional control on the style of argumentation: a comparative study
// Law and Politics.
2020. № 9.
P. 33-46.
DOI: 10.7256/2454-0706.2020.9.33730 URL: https://en.nbpublish.com/library_read_article.php?id=33730
Abstract:
The subject of the study was the procedural features of constitutional control that affect the style of constitutional and judicial argumentation. The author sought to identify and analyze the parameters of norm-control activity that determine the content of argumentation techniques, using as an empirical basis of the study the experience of organizing constitutional control in Russia, Australia, Austria, Germany, Israel, Spain, Italy, Canada, USA, Taiwan, France and South Africa. Particular attention was paid to such procedural and procedural factors as the model of constitutional control, the procedure for considering cases, including the specifics of raising questions addressed by judges to participants in court proceedings, the availability of texts of procedural documents, the tradition of presenting the text of a court decision, the number of judges, the collegial procedure for making a decision and the content of the institute of dissenting opinion. Using the concept of argumentation style and identifying the correlation between specific procedural rules and argumentation patterns arising in the practice of constitutional justice, the author outlined the advantages and disadvantages of certain parameters of judicial control over the constitutionality of normative acts. In general, the conducted research allows us to conclude that the institutional environment of norm-controlled activity is formed not only by procedural rules, but also by legal traditions that dominate in a particular state, since the relevance, suitability and relevance of individual argumentation strategies used within the framework of constitutional control largely depend on their compatibility with the nature of legal thinking.
Keywords:
legal tradition, constitutional court, argumentation pattern, procedure, argumentation style, justice, constitutional control, legal reasoning, constitutionality, legal thinking
Reference:
Varavenko V.E..
Prospects of application of typical agreements of International Federation of Consulting Engineers (FIDIC) in Russia in the practice of public procurement
// Law and Politics.
2020. № 8.
P. 8-17.
DOI: 10.7256/2454-0706.2020.8.33009 URL: https://en.nbpublish.com/library_read_article.php?id=33009
Abstract:
The subject of this research is the general terms of three standard contracts set by International Federation of Consulting Engineers (FIDIC) in 2017 – conditions of contract for engineering, construction and installation works designed by the contractor; conditions of contract for engineering, construction and installation works designed by the employer; conditions of contract for “turnkey projects” and norms of the Federal Law “On contractual system in the sphere of procurement, works, and services for state and municipal needs; as well as bylaws in the area of public procurement and urban development, which regulate the establishment and change of conditions of construction contracts regarding the types and volume of works, their cost and deadline. The novelty of this research consists in the fact that the conditions of standard FIDIC contracts are analyzed in comparison with the current legislation of the Russian Federation on regulation of public procurement. The conducted comparison revealed discrepancies in the legal regimes of contractual relations emerging thereof. The law establishes rigid requirements to agreeing and setting conditions on the source, cost and completion time of works which impede differentiation of the level of their detailing in contract documentation, and thus the creation of a favorable environment for implementation of investment and construction projects. Excessively rigid rules of public procurement legislation pertaining to the changes of contract terms block the action of risk management procedures enshrined in the FIDIC standard contracts. As a result, the parties are not able to respond adequately and promptly to the impact of external and internal factors that affect project environment. A conclusion is made on impossibility of mutually agreed terms of application of FIDIC standard contracts and Russian legislation on public procurement without making substantial amendments to the content of standard contracts.
Keywords:
EPC contracts, contracts for construction, state procurement legislation, Silver Book, Yellow Book, Red Book, FIDIC model contracts, state employer, Export Services Strategy, comparative legal study
Reference:
Kolesnichenko O.V..
Foreign experience of application of special systems of restitution for damages to health as a result of work accidents and occupational diseases (on the example of Germany and Great Britain) and prospects of borrowing it by Russia
// Law and Politics.
2020. № 8.
P. 18-32.
DOI: 10.7256/2454-0706.2020.8.33119 URL: https://en.nbpublish.com/library_read_article.php?id=33119
Abstract:
The subject of this research is the legislation and practice of its implementation, as well as the legal doctrine of Russia, Germany and Great Britain on the existing special systems of compensation for damage inflicted to health as a result of work accidents and occupational diseases. The author examines the special systems of restitution for occupational damage that represent starkly different versions of implementation of basic models developed in global practice (Bismarck and Beveridge). Attention is focused on the key issues of compensation for occupational damage using the legal means available in the Russian Federation. Analysis is conducted on the existing foreign experience on the matter. The author’s special contribution to the research of the topic consists in the statement that for establishing balance within the system of restitution for occupational damage it is necessary to clearly demarcate the three types of compensations: guaranteed social security paid from the budget funds in terms of obligations assumed by government to support vulnerable population groups; obligations in tort recovered from the tortfeasor, considering the grounds and limits of civil liability; insurance payments, which represent partial coverage of inflicted damage based on the terms of insurance contract. The scientific novelty lies in determination of the prospects for improving the national special system of restitution for occupational damage. It is substantiated that in such system the distribution of losses between different types of compensations should be based on the criteria of preferred form of compensation (payment in kind or financial compensation); legal nature of separate elements of reparation (incapacitation, occupational disease, etc.); type of payments (recurring or lump sum), purpose of compensation; calculation of payments.
Keywords:
occupational disease, industrial accident, treatment costs, compensation, health, harm, special system, industrial harm, compensation system, working capacity
Reference:
Gigauri D.I., Phedotov D.A..
Methodology of assessment of efficiency of the work of youth parliamentary structures in the Russian Federation
// Law and Politics.
2020. № 8.
P. 33-46.
DOI: 10.7256/2454-0706.2020.8.33251 URL: https://en.nbpublish.com/library_read_article.php?id=33251
Abstract:
This article makes an attempt of comprehensive analysis of the phenomenon of youth parliamentarism as a structural possibility of involvement of representatives of the Russian youth in law-making activity. The authors formulate a definition of youth parliament, as well as describe the organizational and legal framework of functionality of youth parliamentary structures. The authors develop a model of systemic assessment of the effectiveness of youth parliamentary structures based on the five key vectors of activity of these institutions: legislative, project, personnel training, and the organization of socially significant events. The need is substantiated for implementing such methodology of assessment and comparison of the effectiveness of activity of youth parliamentary structures in different regions of the Russian Federation for the purpose of determining most successful strategies of fulfillment of their functionality. The novelty of this work consists in the detailed analytical overview of the doctrinal and legal definitions of the youth parliament, as well as in elaboration of practical approach towards assessing the activity of regional youth parliamentary structures. The main result of the conducted research lie in the original (proposed by D. A. Fedotov) procedure for calculating the key performance indicators and efficiency coefficient. It is proven that introduction of universal indicator of youth parliamentary structures would eventually stimulate the development of youth parliamentarism in the Russian Federation. The authors formulate the assessment criteria for each vector of activity of the youth parliamentary structures. The future implementation of the all-Russian rating model would increase the effectiveness and coordination of interaction between the youth parliaments and civil society institutions
Keywords:
legislative activity, youth representation, coefficient of effectiveness, KPI, youth parliamentary movement, youth parliamentary structures, youth parliamentarism, civil society, personnel policy, project activities
Reference:
Fomicheva O.A..
On the peculiarities of the regional lawmaking process
// Law and Politics.
2020. № 6.
P. 25-38.
DOI: 10.7256/2454-0706.2020.6.32853 URL: https://en.nbpublish.com/library_read_article.php?id=32853
Abstract:
The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.
Keywords:
rules, law, deputy, Parliament., legislative initiative, constitushion of the Russian Federation, legislative process, the legislative proposal, the subject of the reference, governmental authority
Reference:
Anichkin E.S..
Development trends of the Russian constitutional law in post-Soviet time
// Law and Politics.
2020. № 4.
P. 18-33.
DOI: 10.7256/2454-0706.2020.4.32517 URL: https://en.nbpublish.com/library_read_article.php?id=32517
Abstract:
The subject of this research is the key, dominant and most consistent development trends of the national constitutional law in post-Soviet period (1990’s – present). The author examines the following trends: succession, reception, internationalization and cyclicity of the development of constitutional law, as well as expansion and conceptual changes in its content. Each trend is substantiated by the provisions of constitutional legal doctrine, current Constitution, legislation and constitutional practice. The main conclusions consist in the thesis that the determined trends are inherent namely to the modern constitutional law, rather than Soviet or prerevolutionary stages of its development. Moreover, if separate trends coincide with the modern constitutional law of foreign countries, in Russia they have peculiar content, justified by the specificity of state legal development of the country. The evolution of Russian modern constitutional law takes place at the intersection of constitutional distinctness and constitutional universalization. Constitutional distinctness implies the synthesis of succession, certain cyclicity in the constitutional legal sphere, and presence of the unique legal phenomena characteristic to the national constitutional legal system. The manifestations of universalization of the modern Russian constitutional law include its reception and internationalization.
Keywords:
constitutional identity, cyclicity, internationalization, reception, continuity, regularity, constitutional law, universalization, constitutional, constitutionalism
Reference:
Krotov A.V..
Right to national self-determination in the constitutional law of Israel
// Law and Politics.
2019. № 12.
P. 60-71.
DOI: 10.7256/2454-0706.2019.12.31482 URL: https://en.nbpublish.com/library_read_article.php?id=31482
Abstract:
In the processes of common globalization, the right to national self-determination gains high importance, and is one of the main principles within the legal systems of majority of states. The object of this research is the accumulation of constitutional law solutions, emerging in the area of constitutional law regulation, practice of implementation and protection of the right to national self-determination in Israel. The subject of this research is the Israel’s constitutional norms pertaining to this protection, in unity with the legal positions of the Supreme Court of Israel. The aim of this work is to study the peculiarities of establishment and development of the right to national self-determination within the legal system of Israel. The scientific novelty of this research consists in the fact that for the first time analysis is conducted on the content and reasons for adopting the Basic Law: Israel as the Nation-State of the Jewish People on July 19, 2018. The author determines the mismatch between the positions of the basic law “Israel as the Nation-State of the Jewish People” and the international documents ratified by Israel, Declaration of Independence of Israel, as well as presence of contradictions with the content of a number of other basic laws of Israel.
Keywords:
ethnos, Israeli legal system, national minorities, democracy, the ideology of Zionism, the right to self-determination, Constitution, Herzl, religious parties, contradictions in parliament
Reference:
Stel'makh V.Y..
Criteria for endowment of individuals with immunity from criminal prosecution and legal nature of revocation of immunity
// Law and Politics.
2019. № 12.
P. 72-81.
DOI: 10.7256/2454-0706.2019.12.31796 URL: https://en.nbpublish.com/library_read_article.php?id=31796
Abstract:
The subject of this research consists in certain aspects of legal procedure regarding individuals with criminal procedural immunity: circle of subjects receiving immunity, justification of inclusion therein of certain categories of citizens, as well as circumstances that are subject to assessment by the chambers of Federal Council, Constitutional Court of the Russian Federation towards qualifying panel of judges in agreement to start criminal proceedings regarding members of the Federation Council, deputies of State Duma, judges of Constitutional Court of the Russian Federation and other courts. The author devises criteria for endowment of categories of citizens with the criminal process immunity: affiliation of individual with the deputy or judicial body, i.e. branches of legislative or judicial government body. The author proposes a theoretical model of control over the execution of criminal prosecution of individuals with immunity. Control divides into two segments. First segment forms the criminal procedural control, carried out by the administration of investigative branches, prosecutor’s office and courts of general jurisdiction, and consists in verification of grounds for initiation of criminal investigation and adherence to the procedural rules of initiation of criminal procedure regarding the subject. Second segment form the public legal control, carried out by the branches belonging to the government branch of the subject (chambers of Federal Council, Constitutional Court, branches of judicial community).
Keywords:
participants of criminal proceedings, immunity, preliminary investigation, initiation of criminal proceedings, criminal prosecution, criminal procedure, immunity of the deputy, inviolability of the judge, judicial control, prosecutorial supervision
Reference:
Timshina E.L..
Pension issue in the party platforms (on the materials from the 2016 elections for State Duma of the Russian Federation)
// Law and Politics.
2019. № 11.
P. 9-19.
DOI: 10.7256/2454-0706.2019.11.31097 URL: https://en.nbpublish.com/library_read_article.php?id=31097
Abstract:
One of the main vectors of social policy of the country is the support of senior citizens. The subject of this research is the proposals of political parties in the area of pension policy. The object of this research is the campaign party platforms at the 2016 elections for State Duma of the Russian Federation. The author examines the significance of the pension issue within the platforms, as well as positions of their authors on the most pressing aspects of this issue: change in the retirement age, freezing of the investment part of state pension, continued reforms, and pension raise. The results of this research are based on the use of general scientific methods and principles of scientific cognition, systemic approach, comparative analysis and historical objectivity. Despite the significant interest of the population towards the pension issue in 2016, the parties were unable to fully capitalize on the electoral potential of this issue. Taking a stance on critical position, they did not offer comprehensive alternatives to the current system – disjointed proposals on its improvement and amplification did not correspond to the scale of the problem. Most of the promises to raise the pensions carried evident populist character, and were not accompanied by a mechanism of its implementation. Majority of the specific and achievable proposals pertained to separate additional benefits and were based on the already prepared legislative bills by the parties. However, with the continued pension reforms, the issue will remain relevant in the next electoral cycle, and it will soon be clear whether the parties were able to account for the 2016 miscalculations and prepare the voters for new comprehensive and quality proposals in the area of social security of the pensioners.
Keywords:
children of war, social law, Spravedlivaia Rossiia, KPRF, Gosudarstvennaia Duma, Edinaia Rossiia, eletion, pension reform, pension support, RPPS
Reference:
Kravets I..
Global and national constitutionalism in the context of formation of integration law: constitutional teleology, futurism and structure of modern constitutions
// Law and Politics.
2019. № 10.
P. 1-23.
DOI: 10.7256/2454-0706.2019.10.27293 URL: https://en.nbpublish.com/library_read_article.php?id=27293
Abstract:
This article examines the scientific approaches towards understanding constitutionalism in the global, integration, and national dimension; as well as the role of constitutional teleology in creating conceptual and regulatory framework of the national and global constitutionalism in the context of formation of integration law. The study determines the forms of interaction between the Russian constitutionalism and integration law, and their reflection in the Constitution of the Russian Federation. The author rationalizes the modern approaches towards understanding and terminological definition of constitution as the ultimate and supreme law of the country, regulating the domestic and international integration relations. The scientific views upon the key elements of constitutional law from the perspective of internationalization processes are revealed. The scientific novelty of this work consists in description of the theoretical framework of correlation between the global and national constitutionalism, Russian specificity of legal nature of constitutionalism, analysis of theological foundations of the formation of constitutional communication and constitutional identity, formulation of the concept of constitutional law from the perspective of Russia’s involvement in the integration and international relations. The article reflects the problem of internationalization of constitutional law and the problem of open structure of the constitution. The author suggests new forms for Russia’s participation in formation of the doctrine and practice of global constitutionalism, considering the challenges of integration processes in creation of the regulatory and structural framework of the Russian constitutionalism as an open system.
Keywords:
constitutional political participation, the law of the constitution, constitutional communication, global constitutionalism, constitutional teleology, integration through the law, constitutionalism, constitution, constitutional identity, constitutional crowdsourcing
Reference:
Zeinalov F.N..
To the question of implementation of the key vectors of the Road Safety Strategy in the Russian Federation for 2018-2024
// Law and Politics.
2019. № 10.
P. 40-58.
DOI: 10.7256/2454-0706.2019.10.30038 URL: https://en.nbpublish.com/library_read_article.php?id=30038
Abstract:
The subject of this research is the system of socio-legal relations in area of ensuring road safety. The object of this research is the social relations with regards to priority areas of implementation of the Road Safety Strategy in the Russian Federation for 2018-2024. The goal lies in examination of provisions of the Strategy, its stages, policy and problems of implementation. The author examines the priority directions of the Strategy, laws and regulations that ensure implementation of its measures, organizational problems, as well as issues of legal regulation of social relations impacted by the measures of the Strategy. Statistical data underlining the relevance of the implemented measures of the Strategy is provided. The article analyzes the law enforcement practice on the subject; determines the problems of organizational and legal nature faced by law enforcement authorities in exercising the key measures of the Strategy. The research materials may be valuable for legislative and law enforcement practice, educational process, scientific works of the experts in ensuring road safety and improvement of branches of the Russian legal system. The novelty of this work is defined by practical and scientific significance of the problems of law enforcement activity in the area of ensuring road safety, as well as the need for improving legal framework regulating the authority of the parties interested in ensuring road safety and implementation of priority directions of the Strategy. In conclusion, the author describes the prospects of implementation of measures of the Strategy, indicates the problems in legal and organizational aspects of realization of the priority directions of the Strategy, which solution, in the author’s opinion, are of utmost importance.
Keywords:
the condition of the vehicles, improving driver training, road accidents, reduce mortality, implementing reform, road safety, Strategy, zero indicator, the improvement of the road, changing behaviour
Reference:
Popova S.M., Shakhray S.M..
Political and legal mechanisms of correction of the majority decisions within constitutional history of modern Russia
// Law and Politics.
2019. № 10.
P. 59-71.
DOI: 10.7256/2454-0706.2019.10.31198 URL: https://en.nbpublish.com/library_read_article.php?id=31198
Abstract:
The subject of this research is the political and legal mechanism of realization of the ideas and model reflected in the new constitutions (including the Constitution of the Russian Federation of 1993), in the conditions of instability and absence of social cohesion. Special attention is dedicated to the so-called counter-majoritarian institutions, which can most effectively and legitimately “correct” the lawfully and democratically made majority decisions if they do not correspond with the interests of social development or violate rights and freedoms of the citizens. Based on retrospective analysis, it is demonstrated that in modern Russia, since the new Constitution came into force, the indicated functions are exercised by the Head of the State and the Constitutional Court of the Russian Federation. The conclusion is made that the constitutions establishing counter-majoritarian mechanisms, ensure stability and due development of the new statehood and legal system more reliably. These institutions, among other matters, also contribute to sustainability of the modern political systems, characterized with more profound segmentation, as well as support of the political inclusion of minorities.
Keywords:
Political stability, Constitutional law, Constitutional court, President, Counter-majoritarian difficulty, Counter-majoritarian institute, Political history, Constitutional history, Russian Constitution, Political development
Reference:
Lipinsky D.A., Musatkina A.A..
System of law and system of legal responsibility: some problems of interconnection and correlation
// Law and Politics.
2019. № 9.
P. 29-47.
DOI: 10.7256/2454-0706.2019.9.30581 URL: https://en.nbpublish.com/library_read_article.php?id=30581
Abstract:
The object of this research is the system of law and its subsystem – the institution of legal responsibility in their interconnection and correlation. The subject of this research is the problems of differentiation of legal norms in sectoral and sectoral institutions of legal responsibility on micro and macro levels; scientific outlooks on the system of law and the system of legal responsibility. Analysis is conducted on the most controversial issues of the structure of the legal system and bases of its division. The authors substantiate the unacceptability of arbitrary based solely on subjectivism of the legislator, determine the new branches of law, as well as integrated branches. At the same time. The existence of cross-sectoral institutions that are on the same level with the sectoral division of the system of law is recognized. Leaning on the theoretical positions on the system of law, research is conducted on the structure of the institution of legal responsibility; the theses are offered on political structuredness of this system, as well as presence of interconnections with various levels and elements of the system of law. Conclusions are made on the dependence between the elements of the system of law and the elements of the system of legal responsibility, which are not simultaneously of absolute nature. The presence of sectoral structure of the system of law does not always presuppose existence of sectoral institution of legal responsibility, same as the separation of the system of law onto private and public does not signify existence of private legal responsibility. The authors substantiate the unacceptability of the arbitrary selection of sectoral and cross-sectoral institutions of legal responsibility based solely on subjectivism of the legislator and declarativity of prescriptions.
Keywords:
types of branches of law, branches of legislation, Institute of Legal, ; branches of law, legal liability system, system of law, types of legal, functional relationships, structure of law, liability structure
Reference:
Alekseev D.I..
Innovation policy of the Russian Federation: development prospects of the industrial sector in the context of implementation of crosscutting technologies
// Law and Politics.
2019. № 6.
P. 1-11.
DOI: 10.7256/2454-0706.2019.6.29829 URL: https://en.nbpublish.com/library_read_article.php?id=29829
Abstract:
The subject of this research is the national program “Digital Economy” and the federal project “Digital Technologies”. The object of this research is the problem of integration of digital technologies, particularly “crosscutting technologies” into industrial sector, as well as the ways for its solution. The author carefully examines such aspects of the topic as the structure of national program “Digital Economy” and the structure of federal project “Digital Technologies”; as well as considers the functionality and competences of one of the platform of cooperation between business and government – Autonomous non-commercial organization “Digital Economy”. The scientific novelty of this work lies in demonstrating the methods of implementation of “crosscutting” technologies in the industrial sector, namely the use of the “Internet of Things” technology in the field of military and civilian production for cost reduction and improving the efficiency of the production process.
Keywords:
federal project, road map, digital platform, innovative policy, cross-cutting technologies, digital technologies, digital economy, national program, strategic targets, manufacturing
Reference:
Belikova K.M..
Procedural aspects of protection of scientific information in the context of the acting legislation on intellectual property in BRICS countries: the experience of India
// Law and Politics.
2019. № 5.
P. 1-17.
DOI: 10.7256/2454-0706.2019.5.29684 URL: https://en.nbpublish.com/library_read_article.php?id=29684
Abstract:
The subject of this research is the means of procedural (criminal-legal, civil-legal, administrative-legal, etc.) protection of scientific information in one of the BRICS member-states – India, viewed through the prism of the force of statutory law in form of the acts on intellectual property of this country (“Copyright Act”, 1957; “Patents Act”, 1970); procedure (Code of Criminal Procedure, 1873; Code of Civil Procedure, 1908) and others in the last revision; case laws developed within the framework of acting precedent law and provisions of the doctrine. The author draws a conclusion that the fairly new method of dispute settlement such as arbitration along with the traditional, time-proven civil-legal (damages, suit for a declaration, and others) and criminal-legal (imprisonment and others) means of protection are in the focus of attention of the Indian legislator for the purpose of protection of scientific information. The scientific novelty lies in the comprehensive consideration and analysis of the approaches of legislator and representatives of judicial branch towards the procedural aspects of protection of scientific information.
Keywords:
arbitration, administrative procedure, criminal procedure, civil procedure, patent law, copyright, BRICS, India, intellectual property rights, scientific information
Reference:
Goncharov V.V..
On certain improvements of legislation of the Russian Federation in the area of regulation of public control (constitutional legal analysis)
// Law and Politics.
2019. № 4.
P. 7-19.
DOI: 10.7256/2454-0706.2019.4.27712 URL: https://en.nbpublish.com/library_read_article.php?id=27712
Abstract:
A full-fledged practical implementation of the constitutional principle of democracy requires constant improvement of the institution of public control in the Russian Federation, which on one hand, manifests as the guarantee of people’s right to realization of democracy, and on the other hand – the mechanism that impedes the consolidation of power, its unlawful; appropriation, as well usage thereof not for the benefit of the citizens. The system of legal regulation of public control of power in the Russian Federation is represented by several groups of regulatory acts of international and national legislations. This article is dedicated to examination of the federal, regional, and municipal legislation in the area of regulation of public control in the Russian Federation. The author conducts the comparative analysis of regulatory acts that contribute to organization and functioning of the system of public control in the Russian Federation, as well as provides their original classification. This allows carrying out the analysis of regulatory framework of the mechanism of public control in the Russian Federation, determining their place, role, and significance in organization of the system of public control in the country.
Keywords:
constitutional analysis, Russian Federation, public control, legislation, municipal, regional, federal, people, public administration, power
Reference:
Andrienko A.I..
The impact of “service state” concept upon the development of the institution of socially oriented nonprofit organizations
// Law and Politics.
2019. № 4.
P. 1-6.
DOI: 10.7256/2454-0706.2019.4.29497 URL: https://en.nbpublish.com/library_read_article.php?id=29497
Abstract:
This article examines the evolution of the institution of socially oriented nonprofit organizations, granting them a status of the “deliverers of social services” and the “providers socially beneficial services” through the prism of influence of the concept of “service state” upon these processes. Relevance of this topic is substantiated by the rapid development of socially oriented nonprofit organizations in the Russian Federation and their impact on social life on one hand; and on the other – the government’s desire to include socially oriented nonprofit organizations into the sphere of rendering social services, which used to be the government monopoly. The goal of this research is to assess the impact of “service state” concept upon the process of inclusion of socially oriented nonprofit organizations into the sphere of social services. The author comes to a conclusion that the concept of “service state” influenced the development of the institution of socially oriented nonprofit organizations with regards to their acceptance into the sphere of social services. The acquired theoretical results complement the scientific research of the impact of “service state” concept upon the reforms of state administration in the Russian Federation.
Keywords:
state firm, welfare state, community service, social service, social service provider, non-profit organization, service state, civil society, public association, open state
Reference:
Ron'zhina O.V..
Rights of the indigenous peoples of the North to natural resources management: double standards in legal regulation
// Law and Politics.
2019. № 1.
P. 20-31.
DOI: 10.7256/2454-0706.2019.1.27872 URL: https://en.nbpublish.com/library_read_article.php?id=27872
Abstract:
The subject of this research is the legislation on the territories of traditional natural resource management and array of regulations determining the rights of indigenous peoples to use natural resources, as well as the established law enforcement practice with regards to implementation of the traditional economic activity. The study aims to determine the full extent of realization of positions of the Article 69 of the Constitution of the Russian Federation in Russian legislation, as well as conceptual justification of the changes required for creation of the mechanism that guarantees realistic implementation of the constitutional right of the indigenous peoples to preserve their traditional way of life. The historical and comparative-legal methods allow giving general characteristics to the two stages of development of the institution of traditional natural resource management. Based on assessment of the federal and regional legislation, as well as the law enforcement practice (including the responsibility for unlawful natural resource exploitation), the author suggests to revise the ideological doctrine that predetermines the development of national legislation in this area; formulates the changes that should be introduced to the legal and regulatory framework of the rights of indigenous peoples to natural resource management in terms of realization of the traditional economic activity. The results of the research demonstrate that the orientation towards limitation of indigenous peoples economy to the natural exchange essentially contradicts the fact that the members of the indigenous peoples are practically deprived of the preference to natural resource management in their original habitat. It is proven that the need to establish the duty of the government authorities to provide the communities with land suitable for conducting traditional economic activity in order to compensate them for their original land that is now being used by mineral developers, loggers, industrial or other objects.
Keywords:
natural resources, traditional land use, aboriginal habitat, community of indigenous peoples, Far North, Arctic region, territories of conventional nature management, indigenous minorities, territorial structure, state land policy
Reference:
Belikova K.M..
Monetization of morality as the legal way to protect intellectual property
// Law and Politics.
2018. № 12.
P. 1-11.
DOI: 10.7256/2454-0706.2018.12.28311 URL: https://en.nbpublish.com/library_read_article.php?id=28311
Abstract:
The subject of this article is the problem of scientific plagiarism (unlawful borrowing of another author’s text), protection of copyrights, and intellectual property in the broad sense of the word, which is viewed in the context of economization of human life alongside the introduced to the State Duma by the President of the Russian Federation V. V. Putin legislative bill on extending the list of offences, which criminal charges can be dismissed in case of compensation for damage that has been inflicted. The author makes practical proposals aimed at combatting plagiarism, taking as a basis the words of Napoleon Bonaparte “Put a rogue in the lime-light and he will act like an honest man”. The scientific novelty of this research lies in examination of the problem of plagiarism from the perspective of economic and legal sciences, as well as partially sociology and human psychology. The article touches upon a number of interrelated issues: plagiarism and circumvention of legitimate citation; plagiarism and functionality of the national scientific schools; plagiarism and countermeasures; plagiarism and formation of scientific potential in Russia, etc. It is concluded that plagiarism entails a multitude of problems that can only be resolved as a whole, and not on the individual level, but representative scientific centers with government association.
Keywords:
scientific schools, fair citation, plagiary, scientists, modern science, plagiarism, scientific ethics, SRC, authors' rights, intellectual property
Reference:
Vinnitskiy A.V..
Doctrine of subjective public rights vs “government-administration approach” in legal doctrine
// Law and Politics.
2018. № 12.
P. 27-40.
DOI: 10.7256/2454-0706.2018.12.28440 URL: https://en.nbpublish.com/library_read_article.php?id=28440
Abstract:
The subject of this research is the positions of subjective public rights opposing the postulates of state administration doctrine. The authors subjects to criticism the “government-administration approach”, dominating the doctrine of administrative law starting with the Soviet era. Special attention is paid to the social legal analysis that formed within the doctrine of categorical row. In comparison to this, the author examines the concept and system of subjective public rights, in the context of which proposing a new outlook on the composition of the subject and the system of administrative law. A conclusion is made that state administration doctrine caused the most damage to the theory of subjective public rights. However, this doctrine plays a key role in the administrative law doctrine, having the potential for its development in the proper framework, since it provides not only positioning of private citizens as the central subjects in legal relations with public administration, but also the instrumental approach towards the analysis of such interaction, which is beneficial for legal practice and improvement of legislation.
Keywords:
subjective right, human rights, Jellinek, public services, public administration, state management, subjective public right, administrative law, public law, authority
Reference:
Stepanova D.N..
To the question of requirements towards the candidate for Children's Ombudsmen for the President of the Russian Federation
// Law and Politics.
2018. № 8.
P. 61-67.
DOI: 10.7256/2454-0706.2018.8.27180 URL: https://en.nbpublish.com/library_read_article.php?id=27180
Abstract:
The object of this research is the constitutional law status of the Children's ombudsmen for the President of the Russian Federation. The subject of this research is the requirements for the candidate for the position of Children’s Ombudsmen. The author conducts detailed analysis of the requirements for candidacy of Children’s Ombudsmen. Based on the analysis, the author comprises an average portrait of Children’s Ombudsmen that formed in the course of the work of the regional legislator. Special attention is paid to the requirements towards the candidacy for the position of Children’s Ombudsmen in foreign countries. The main conclusion of the conducted research consists in identifying the need to have legislative framework for the requirements towards the candidate for the position of Children’s Ombudsmen in the Russian Federation. The author’s contribution to this topic lies in the proposal of a number of criteria towards the candidate for the position of Children's Ombudsmen for the President of the Russian Federation.
Keywords:
child rights protection, higher legal education, citizenship, age limit, requirement to candidates, children's ombudsman, ombudsman, special requirement, post, rights protection
Reference:
Belikova K.M., Rumyantsev M.B..
Some thoughts on harm caused by high-risk source in legislation of the United States and the Russian Federation
// Law and Politics.
2018. № 5.
P. 29-41.
DOI: 10.7256/2454-0706.2018.5.24901 URL: https://en.nbpublish.com/library_read_article.php?id=24901
Abstract:
This article deals with certain problems of legal regulation of the relations from harm caused by high-risk sources in legislation of Russian and the United States. The authors rely not upon the examination of abstract models of functionality of the high-risk source as tool separated from the manufacturer, but rather the results of studying the legal norms (including legislative regulations and precedents), doctrine and judicial practice of both countries that provide answers to multiple argumentative questions. The scientific novelty consists in the fact that the authors consider the legal concepts and legislative solutions in the area of relations from the harm causes by high-risk sources (enhanced by hazardous activity) in the Russian Federation and the United States from the perspective of evolution of the scientific thought of these countries. The authors detect the common feature in both legislations – the doctrines of the Russian Federation and the United States contain the idea on the need for consideration not only the functionality of the tool (high-risk source), but also the actions of the operator of the high-risk source. Based on the conducted analysis of the physical essence of the high-risk source, is established the dialectical unity of the object, its properties and their possible transformation in the process of manufacturing or exploitation of the object. The analysis of physical essence with regards to resolution of the dichotomy of joint and several responsibility must be applied in future works dedicated to causing harm by the high-risk sources.
Keywords:
product liability, fault, strict liability, Russian Federation and United States, ultrahazardous activity, high-risk sources, tort law, tort, negligence, Restatements of Torts
Reference:
Belikova K.M., Ifraimov V.Y..
Some thoughts on the internal corporate relations in the publicly traded companies and LLCs of Azerbaijan and Russia
// Law and Politics.
2018. № 4.
P. 11-20.
DOI: 10.7256/2454-0706.2018.4.24939 URL: https://en.nbpublish.com/library_read_article.php?id=24939
Abstract:
The subject of this research consists in the norms of the legislation of the Russian Federation and Azerbaijan regulating the internal corporate relations within publicly traded companies and LLC, as well as the rulings of the higher courts and legal doctrine of the countries in question. The object of this research is the internal relations within PTCs and LLCs of these countries. The authors research the prospects and horizons for the internal corporate and inter-corporate relations, comparing these concepts based on the doctrine of the Russian Federation and Azerbaijan. The novelty of this research lies in the comparative legal analysis of the regulation of internal relations within the PTCs and LLCs in Russia and Azerbaijan. The work employs the materials from the current Russian and Azerbaijan legislations with consideration of their latest revisions.
Keywords:
business environment, private law power, self-regulation of relations, Corporate administration , LLC, Publicly traded company, Azerbaijan, Russian Federation, Internal corporate relations, Corporate relations
Reference:
Sergeev A..
Modern determinants of domestic policy of the Russian Federation on formation of physical culture of the students
// Law and Politics.
2018. № 3.
P. 14-21.
DOI: 10.7256/2454-0706.2018.3.25741 URL: https://en.nbpublish.com/library_read_article.php?id=25741
Abstract:
The subject of this research is the modern normative legal base that institutionalizes physical culture in higher educational facilities of the Russian Federation. The object of this research is the domestic policy of Russia on formation of physical culture of the students. The author examines the key grounds and sources of the indicated domestic policy, indexes and indicators of its efficient implementation. The center of attention is the incorporation of the given component of domestic policy in such spheres as: education, physical culture and sport, youth policy, socioeconomic development, and national security of the country. The presented conclusions were acquired through application of the method of content analysis, comparison, and synthesis of the existing legislation. The author detects the presence of prominent domestic policy on formation of physical culture of the students in modern Russia, underlines its high relevance, as well as provides comprehensive characteristic, considering the profound interdisciplinary connections. The author’s substantiates a thesis that the efficiency of implementation of domestic policy of the Russian Federation on formation of physical culture of the students depends on the quality of normative legal regulation of the physical education processes within the higher educational facilities of the Russian Federation.
Keywords:
human development, higher education, healthy lifestyle, student sport, physical education, physical culture, Russia, state policy, legislation, legal and regulatory framework
Reference:
Vyrva P..
On approaches towards understanding of the institution of lobbying
// Law and Politics.
2018. № 2.
P. 20-26.
DOI: 10.7256/2454-0706.2018.2.25338 URL: https://en.nbpublish.com/library_read_article.php?id=25338
Abstract:
This article is dedicated to examination of the political legal phenomenon of lobbying, history of the emergence of its institution, as well as doctrinal and legal positions regarding the content of the concept of lobbying. The object of this research is the social relations established in the area of interaction between the society, citizens, and government pertinent to promotion of the normative legal acts into the government authorities and local self-governance with the lawmaking function. The subject of this research is the Russian doctrine and legislation in the field of lobbying. The article explores the history of emergence of the concept of lobbying, provides original definition of lobbying, as well as substantiated the need for establishment of a universal understanding of the aforementioned phenomenon. Special attention is given to correlation between the characteristics of lobbying and the approach, through the prism of which it is determined. For avoiding the conceptual ambiguity, it is suggested to view lobbying as a normal and legitimate phenomenon, the political legal institution that is aimed at achieving the socially useful objectives. The scientific novelty lies in examination of the political legal phenomenon of lobbying; formulation of the notion of lobbying, particularly the author’s original definition; for the purpose of elimination of the conceptual ambiguity and reaching the terminological unity is suggested the universal understanding of lobbying, within the framework of which such phenomenon will have a positive implication.
Keywords:
offense, corruption, corruption lobbying, illegal lobbying, legal lobbying, sing of lobbing, history of lobbying, Lobbying, approaches to lobbying, terminological unity
Reference:
Kokotova M.A..
Comparison of the governing and opposition parties in the lower chambers of the Russian and American parliaments
// Law and Politics.
2018. № 1.
P. 8-16.
DOI: 10.7256/2454-0706.2018.1.19270 URL: https://en.nbpublish.com/library_read_article.php?id=19270
Abstract:
This article is devoted to the means for ensuring the opposition of majority and minority parties, used in the State Duma of the Federal Assembly and in the House of Representatives of the Congress of the United States. The object of this research primarily concentrates on the means provided by the rules of both chambers and its realization. The aim of the article is to reveal the similarities and the differences of the realization of the idea of opposition in the lower chambers of these parliaments and the reasons thereof. The author reveals the means used in both parliaments such as the organization of majority and minority, possibility to express the majority and minority opinion, as well as their formal equality. It is concluded that the means, consolidated in the rules of the both chambers, are similar but there is a difference in the accents: ensuring the opposition in the House of Representatives and the possibility to express all the opinions in the State Duma.
Keywords:
weaken the majority, role of the opposition, opposition, formal equality, rules of the parliament, opposition party, ruling party, parliament of RF, parliament of USA, expression of difference of opinions
Reference:
Irkhin I.V..
Constitutional legal status of the Indonesian semi-autonomous Aceh province
// Law and Politics.
2018. № 1.
P. 17-27.
DOI: 10.7256/2454-0706.2018.1.22542 URL: https://en.nbpublish.com/library_read_article.php?id=22542
Abstract:
The subject of this research is the constitutional law norms that regulate the status of Aceh as a semi-autonomous province of Indonesia. The object of the study is the public relations forming in the sphere of the constitutional law regulation of its status. The author thoroughly explores such aspects of the topic as the 2005 Memorandum of Understanding (MoU) and its impact on formulation of the constitutional legal regime of the semi-autonomous province. Special attention is given to the transformational processes taking place within the framework of current legislative regulation with regards to conditions of this agreement on the autonomic status of Aceh. The novelty of this research consists in the fact that the territorial variety of autonomy currently represents one of the key mechanisms capable of supporting materialization of objectively possible and mutually acceptable models of organization and stabilization of domestic relations. The relevance of this research is substantiated by the need for analysis of the practice of formation and development of domestic relations in foreign countries for the purposes of its systematization and account.
Keywords:
Regional House of People’s Representatives, Regional Government, governor, sharia law, public authorities, Aceh, territorial autonomy, Indonesia, Constitution, Law of the Republic of Indonesia Number 11 of the year 2006 Regarding Governing of Aceh
Reference:
Yatsenko I.A..
Key trends in modern Russian political process and ways of achieving political order
// Law and Politics.
2017. № 12.
P. 39-48.
DOI: 10.7256/2454-0706.2017.12.19165 URL: https://en.nbpublish.com/library_read_article.php?id=19165
Abstract:
The object of this research is the political processes in Russia. The subject of this research is the current key problems of the political process in Russia and administrational techniques for the purposes of its institutionalization. The subject is examined from not only politological and sociological perspectives, but separate attention is also given to the philosophical component of the issue. The author determines the key issues of the modern Russian political process and its trends. The research includes results from the latest academic research in the area and presents various positions of experts. The research allowed determining the key trends in current political processes in Russia, define groups of problems impeding its institutionalization and primary strategies for achieving it, as well as substantiate the choice for necessary administrational techniques.
Keywords:
Russian society, Transitional societies, Political administration, Democratic transition, Administrational techniques, Governing, Political system, Civil society, Institutionalization, Political process
Reference:
Gabuev S..
Peculiarities of regulation and problem of development of “electronic governance” in Russia
// Law and Politics.
2017. № 12.
P. 49-61.
DOI: 10.7256/2454-0706.2017.12.24419 URL: https://en.nbpublish.com/library_read_article.php?id=24419
Abstract:
The object of this research is the process of establishing and developing “electronic governance”, which carries an important political and socioeconomic significance for modern states. The subject of this research is the peculiarities of realization of the “e-governance” in Russia examined on the analysis of the regulatory policy of the state in this area and assessment of its results. Study of the content characteristics of the “e-governance” allowed determining the level of correspondence between the realistic indexes and goals declared by the government, as well as determining the problems and prospects of state policy in this regard. The main conclusions consist in the fact that the process of establishing “electronic governance” in Russia reflects both, global trends, as well as national specificity set by the institutional environment and priorities in national and foreign policy of the Russian Federation. This process requires centralized coordination of the normative and financial support, as well as fusion of these measures with transformations within the framework of administrational reform.
Keywords:
electronic technologies, information technologies, information society, public administration, political and administrative management, e-government, informatization of state bodies, public policy, administrative reform, e-services
Reference:
Akhrameeva O.V., Trofimov M.S..
Evolution of the essence of “service” within the framework of transformation of service relations with government involvement
// Law and Politics.
2017. № 11.
P. 1-16.
DOI: 10.7256/2454-0706.2017.11.24390 URL: https://en.nbpublish.com/library_read_article.php?id=24390
Abstract:
The subject of this research is the “service” category, content and aspects of which are formulated upon the achievements of the economic and legal thought, but were not coordinated, which led to differentiated and incoherent normative regulation. Democratic transformations of the Russian state of the late 80’s and 90’s led to the strengthening of the government role in service relations. At first glance, such involvement contradicts the public law role of the state, since “service” is associated with the private sphere of relations that is based on commercial approaches. But in the Western European countries the governments actively participate in such relation on the bases of post-neoclassic theory of public services, which was adopted by the Russian legislator in formation of concepts of administrative reforms. The conclusion was formulation of an original definition of “service”, “state service” and “municipal service”, with consideration of the theory of public services and active participation of public branches of government in service relations.
Keywords:
Economic theory, Legal definition, Government services, Municipal services, State services, Public authority, State, Labor, Work, Service
Reference:
Sosnina M.A..
Government policy of the Russian Empire regarding land ownership of the former state and appanage peasants in the late XIX – early XX centuries (on the materials of the decisions of volost courts of Arkhangelsk Governorate)
// Law and Politics.
2017. № 10.
P. 25-36.
DOI: 10.7256/2454-0706.2017.10.21682 URL: https://en.nbpublish.com/library_read_article.php?id=21682
Abstract:
The subject of this research is the agrarian policy of the government of the Russian Empire pertinent to the former state and appanage peasants of Arkhangelsk Governorate over the period from 1861-1917. The land reform in the aforementioned region was conducted in conjunction with the example of the central governorate with a focus on the regional specificity. The distinctness of historical legal development of the Arkhangelsk Governorate, which consisted in lack of the private feudal dependency of the majority of northern peasantry and vivid regional aspects of the peasant community, defined the peculiarities of implementation of the government agrarian policy of the late XIX – early XX centuries. Special attention is given to the problem of legal regulation of land ownership of the peasants. Particularly, the uncertainty of legal status of the historically established two forms of land ownership – civil allotments and crown lands taking for clearing under the right of 40-year use, in practice created the circumstances for abusing the ownership rights by peasants, and thus, led to litigation. Relevance of this this research topic is associated with the search for the way to develop the agrarian sector of the Russian economy in the rich experience of the reforms of the late XIX – early XX centuries. The author comes to the conclusion on the controversy and inefficiency of the policy of the Russian Empire with regards to peasants, which left unsolved led to problems of not only economic, but also political nature.
Keywords:
volost court, appanage peasants, state peasants, clearing, government land, allotment land, community, agrarian reform, customary law, law
Reference:
Ivanov A.V., Nasyrov R.V..
Constitutional principle of ideological diversity and national idea: problems of correlation
// Law and Politics.
2017. № 9.
P. 12-19.
DOI: 10.7256/2454-0706.2017.9.24025 URL: https://en.nbpublish.com/library_read_article.php?id=24025
Abstract:
The subject of this research is the relevant issues of correlation between the constitutional principle of ideological diversity and the extensively discussed within the Russian society question of establishment of the Russian national idea. The authors meticulously review various doctrinal approaches towards interpreting the constitutional principle of ideological diversity, as well as give special attention to the characteristic of the distinctive signs of ideology and national idea. It is noted that the ideology expresses the interests of separate social groups, is applicable to the sphere of limited, specific; national idea is characterized by universality and ubiquity, as well as manifests as a unifying social beginning that contains the common value bases of social life. The authors underline that in the context of the Russian history and present, the category of national idea is used in a narrow-ethnic, but broader cultural-civilizational meaning, which reflects the multinational and multiconfessional nature of the Russian society. Conclusion is made that the ideology alongside the national idea are not included into the subject of legal regulation, but rather suggest a continuously renewing dialogue, search process of the historically justified optimal combination of interests of the various social groups for the purpose of reproducing the social world.
Keywords:
Social dialogue, Solidarism , Socialism, Liberalism, Deideologization, National idea, Ideology, Principle of ideological diversity, Constitutional principles, Constitution
Reference:
Khvalev S.A..
Requirements of legislative technique of the constitutions (regulations) of subject of the Russian Federation
// Law and Politics.
2017. № 9.
P. 20-30.
DOI: 10.7256/2454-0706.2017.9.24028 URL: https://en.nbpublish.com/library_read_article.php?id=24028
Abstract:
The subject of this research is the topical issues of legal technique in the context of the content, structure, and execution of constitutions (regulations) of subjects of the Russian Federation. Within the framework of the topic at hand, the author analyzes legislation of the subjects of the Russian Federation for assessing the efficiency of the established means, approaches, and techniques applicable to interpretation, structuring, and attributive execution of the fundamental regional normative legal acts. The article considers specific examples that illustrate the positive and negative aspects of interpretation, structuring, and execution of the constitutional (regulatory) acts of the subjects of the Russian Federation. Taking into account the special place of the constitutions (regulations) of subjects of the Russian Federation alongside their peculiar functional assignment, an attempt is made to substantiate the need for formulation of the specific legal technical approaches regarding the interpretation, structuring, and execution of the constitutional (regulatory) acts of the subject of the Russian Federation. The author underlines the urgency of legislative consolidation of the unified for all regions approaches of legislative technique applicable for the constitutions (regulations) of subjects of the Russian Federation.
Keywords:
Chapter, Article, Law, Subject of the Russian Federation, Legal quality, Rulemaking , Legal technique, Legislative technique, Regulation, Constitution
Reference:
Antsiferov N.V..
The questions of autonomy of the constitutional terminology (Blanket (?) constitutional norms)
// Law and Politics.
2017. № 8.
P. 24-36.
DOI: 10.7256/2454-0706.2017.8.23188 URL: https://en.nbpublish.com/library_read_article.php?id=23188
Abstract:
This article is dedicated to the questions of content and volume of the terms used in Constitution of the Russian Federation. The author examines the constitutional norms, which apply the terms identical or conformable to the common for other branches of law. In particular, attention is given to provisions of the Constitution pertaining to limitation of electoral rights of the individuals “who are kept in places of imprisonment under a court sentence” (Chapter 3, Article 32 of the Constitution); norms that define the grounds for impeaching the President of the Russian Federation due to the “charges of high treason or of another grave crime” (Chapter 1, Article 93 of the Constitution); as well as the term “international agreements of the Russian Federation) as a determinative circle of acts that from the perspective of stipulation of rules have priority over the laws (Chapter 4, Article 15 of the Constitution). Based on the conducted research, a conclusion about the lack of grounds for comprehending exceptionally within the logics of the blanker norms of constitutional provisions, conformable to the sectoral legal regulation from the standpoint of applied terminology. The author also believes that the dynamics of constitutional provisions cannot be identified with the possibility of their actual reconsideration as a result of the transformation of meaning of the particular terms at the scale of existing legislation. Due to this fact, in each similar case, the necessary for determining the concrete content of the constitutional provision consists in revealing the autonomous and “blanket” elements of the constitutional notions.
Keywords:
Constitutional term, International agreement, Imprisonment, High treason, Grave crime, Interpretation, Blanket norm, Terminology, Constitutional law, Constitution
Reference:
Akhmadova M.A..
Investment policy of BRICS nations (on the example of the Republic of South Africa)
// Law and Politics.
2017. № 6.
P. 44-54.
DOI: 10.7256/2454-0706.2017.6.23172 URL: https://en.nbpublish.com/library_read_article.php?id=23172
Abstract:
The subject this research is the questions of legal regulation and investment relations in BRICS member-states using the example of the Republic of South Africa, as well as key issues faced by the foreign investors in realization of various investment projects in this country. Proposed by the author comparative legal study covers certain aspects of the mechanism of admission of corporations with foreign investments to exploitation of mineral resources in South Africa, functioning of special economic zones, as well institutional structure involved in investments in this country. The scientific novelty consists in turning attention to the relevant questions of legal regulation of the investment relations in the conditions of reforms in the national investment legislation of South Africa, which became synonymous with the protectionist moods, justified by the state’s desire to overcome the Apartheid Regime, as well as preserve the country’s economic sovereignty.
Keywords:
Investment arbitrage, Investment climate, Special economic zone, Investment ombudsmen, Legal guarantees of investors, Investment dispute, Bilateral investment agreement, Foreign investment, Republic of South Africa, BRICS
Reference:
Pham N..
Fight against corruption – key goal of the Communist Party of Vietnam at present stage of national development
// Law and Politics.
2017. № 6.
P. 55-62.
DOI: 10.7256/2454-0706.2017.6.23124 URL: https://en.nbpublish.com/library_read_article.php?id=23124
Abstract:
The object of this research is the corruption in modern Vietnam, while the subject is the task of the country’s leading party to fight corruption. The goal of this work consists in identification of corruption as one of the pressing issues, which the Communist Party of Vietnam has to face in the difficult economic and social circumstances of the country. Special attention is given to the analysis of state of corruption and its harm to various areas of social life of the modern Vietnam, as well as examination of responsibility of the leading party pertaining to unproductive fight against corruption. The author also reviews the main causes that lead to the uncontrolled acts of corruption in all branches of government authority. Based on examination of relevancy of the problem of corruption in modern Vietnam alongside its comparison with the other regions of Southeast Asia, the conclusion is made that the creation of efficient measures aimed at combating corruption, currently is an unresolvable task for the Communist Party of Vietnam. Corruption and its consequences directly affect the reputation of the Vietnamese government in eyes of the foreign investors, manifest as a primary cause for the drop of people’s trust towards the ruling party, as well as the risk of political instability in the country.
Keywords:
Political reform, Ruling party, Corruption Perceptions Index, Level of competitiveness , Government authority, National assembly, Communist Party of Vietnam, Budget deficit, National debt, Corruption
Reference:
Antsiferov N.V..
Constitutional responsibility on the official promulgation of laws
// Law and Politics.
2017. № 5.
P. 1-16.
DOI: 10.7256/2454-0706.2017.5.23012 URL: https://en.nbpublish.com/library_read_article.php?id=23012
Abstract:
This article analyzes the positions of the Constitution of the Russian Federation regarding the official promulgation of the normative legal acts. Particular attention is given to the review of the resulting from the Basic Law constitutional responsibility on the official promulgation of laws. Leaning on the analysis of theoretical material, legislation, and judicial practice, the author examines the notion of law as determinative of the object of such responsibility, subjects of its realization, content, and mechanisms of ensuring the aforementioned responsibility. Special attention is given to the legal positions of the Constitutional Court of the Russian Federation on the question at hand, including the criteria for acknowledging the law promulgated, character of presidential power regarding the enactment and publication. The author comes to a conclusion that the constitutional responsibility on the official promulgation, which manifests as an important aspect within the system of constitutional structure, is realized by means of accomplishing a number of the formal and substantial criteria, rather than reduced only to publishing the law in the established official source. Such responsibility has a certain potential in development of the legal regulation from the perspective of the mechanisms of its realization. At the same time, in formation of such mechanisms must be considered their impact upon the correlation between various subjects of public authority, including in logic of separation of powers.
Keywords:
Subject of public authority, Court, Constitution, Source of publication, Law enforcement, Lawmaking, Constitutional responsibility, Normative legal act, Law, Official promulgation
Reference:
Dementyev V.A..
Implementation of the proportional electoral system at municipal elections
// Law and Politics.
2017. № 4.
P. 87-98.
DOI: 10.7256/2454-0706.2017.4.20584 URL: https://en.nbpublish.com/library_read_article.php?id=20584
Abstract:
The subject of this research is the separate constitutional legal aspects of implementation of the proportional electoral system at municipal elections. An acute discussion takes place within the academic community regarding the questions of foundation, circumstances, and limits of application of the aforementioned electoral system at local level, the participants of which hold diametrically opposed points of view. At times, there is doubt the very possibility of implementation of such electoral system at local level due to its probable discordance with the character of local self-governance, as well as inability to accommodate within the framework of representative body the maximally possible range of interests of the local society. At the same time changes in legislative base, which regulates the order of application of the proportional electoral system at local elections that took place over the recent years, carried the pronounced multidirectional character that often does not have a sufficient conceptual substantiation. The article provides a brief overview of the process of establishment of the proportional electoral system as a channel for formation of public authority at the local level; gives characteristic to its modern status; as well as analyzes the legislative base alongside corresponding legal positions of the Constitutional Court of the Russian Federation. The main conclusion of this work consists in the formulated criteria that are based on the legal positions of the Constitutional Court of the Russian Federation, and determine the admissibility of implementation of the proportional electoral system at the local level, as well as possible directions and specific measures aimed at improving the Russian model of application of proportional electoral system at the municipal elections.
Keywords:
Local self-governance, Political parties, Elections, Constitutional Court, Proportional electoral system, Local elections, Electoral process, Municipal law, Electoral coalitions, Electoral law
Reference:
El' Mousavi H..
Peculiarities of justice of the legal system of Lebanon
// Law and Politics.
2017. № 4.
P. 80-86.
DOI: 10.7256/2454-0706.2017.4.22972 URL: https://en.nbpublish.com/library_read_article.php?id=22972
Abstract:
This article examines the existing system of court institutions of the modern Lebanon, analyzes the realization of judicial authority considering the distinctness of the mixed legal system of Lebanon, as well as identifies the legal issues present in this area and possible ways for their elimination. The author reviews the regular courts that include civil and criminal courts; administrative court that is represented in Lebanon by the State Council; political court, the jurisdiction of which is realized by the Supreme Council; constitutional council; military court; religious courts, and special courts that can render judgments on the exclusive basis. A conclusion is made that inefficiency of the Lebanese acting system of courts can be explained by the following aspects: absence of proper education of judicial personnel; vulnerable economy that leads to the insufficient fund for hiring the technical personnel and judges; lack of computerized support; absence of the institution of judicial mediation and institution deal-making with the justice department in criminal cases, etc.
Keywords:
special courts, Constitution of Lebanon, Islamic courts, administrative justice, legal agencies, system of courts, Lebanon, legal system, religious courts, military court
Reference:
Danielyan A.S..
The establishment and specificities of Israeli legal system as mixed jurisdiction
// Law and Politics.
2016. № 12.
P. 1487-1491.
DOI: 10.7256/2454-0706.2016.12.52741 URL: https://en.nbpublish.com/library_read_article.php?id=52741
Abstract:
This article examines the genesis of development of the legal system of Israel. The author gives characteristics to the main elements, which affected the formation of the current Israeli law, as well as determines certain peculiarities of the legal system of the State of Israel as an integral component of the mixed legal family. The modern Israel, formed across the Western and Eastern traditions, represents a unique cultural and legal institution. Based on this fact, the study of legal reality of the State of Israel before its establishment in 1948, as well as during its further state and legal development, presents a significant practical interest. The author analyzes the historical normative legal documents of the current Israeli legislation along with the works of foreign and Russian scholars regarding the examination of legal reality of Israel. Based on the results of this research, the conclusion is made that the study of experience of the “mixed” legal organization and functionality of Israel can be useful for development and improvement of legal system throughout the world, because namely such systems demonstrate an example of innovation and modernization in law.
Keywords:
multiculturalism, acculturation, globalization, civil law, case law, common law, mixed jurisdiction, legal convergence, Israeli law, legal environment
Reference:
Pavlov V.S., Maslanov D.V..
Foreign view upon the Russian post-Soviet Parliament of the 1994-2007
// Law and Politics.
2016. № 12.
P. 1482-1486.
DOI: 10.7256/2454-0706.2016.12.52740 URL: https://en.nbpublish.com/library_read_article.php?id=52740
Abstract:
The subject of this research is the view of the foreign and particularly English-American scholars upon one of the imperative institutions of state authority of any country – the Parliament, or in this case, the State Duma of the Federal Assembly of the Russian Federation. The perception of Russian in public consciousness of Western countries has always been synonymous with controversy, bordering disapproval and condemnation, which generally reflects the overall relationship between Russian and the West. The foreign researchers of the Russian democratic transit demonstrate that the main vector of the analysis lies in the President of the Russian Federation, but we can also observe pool of the research dedicated to the legislative branch of authority. The authors examine several most illustrative articles on the development of the Russian Parliament of the first four convocations, and based on this, their view upon the genesis of this institution can be traced. The scientific novelty consists in the use of particular little-studied works on this topic on the language of origin. Analyzing these works, the authors conclude that the attitude towards the Parliament changes with time, which correlates with the relation of the Western society regarding the Russian reality. The descriptions differ from the very “democratic” parliament during the time of B. N. Yeltsin to the rubber-stamp parliament of the Presidential Administration during V. V. Putin’s presidency.
Keywords:
Superpresidentialism, Parliamentary control, Political parties, Principle of separation of powers, Russia, Presidential Administration, Democratic transit, State Duma of the Russian Federation, V. V. Putin, B. N. Yeltsin
Reference:
Parfenov A.A..
Normative foundations of integration and sociocultural adjustment of the children of migrants in the European countries and Russia
// Law and Politics.
2016. № 11.
P. 1359-1365.
DOI: 10.7256/2454-0706.2016.11.52723 URL: https://en.nbpublish.com/library_read_article.php?id=52723
Abstract:
This article examines the questions of the language and sociocultural integration of the migrants’ children in the Russian Federation. Currently, the time of the language integration among adult migrants and their children is one of the most relevant issues within the scientific circles, as well as political debates. This research is based on results of the analysis of foreign and Russian publication, dedicated to the problems of integration and adaptation of the migrants’ children, normative legal acts of the Russian Federation, and bylaws of the government of the Russian Federation. The author conducts an analysis of the existing definitions of the notion of “migrant child”, as well as presents classification of the various groups of the migrants’ children. The key issues inherent to the modern Russian system of integration of the migrants’ children into the accepting society are being determined. In accordance with the results of review of the official documents of the European countries on the problem of integration of the migrants’ children, the article demonstrates an evolution of approaches of various European states towards the solution of the problem of sociocultural adjustment. In conclusion, the author highlights several modern generally accepted approaches towards integration of the migrants’ children in the countries of Europe, as well as signifies the possible ways of implementation of such approaches, considering the nuances and peculiarities of the current system of integration of the migrants’ children in Russia.
Keywords:
language policy, European legislation, legislation of the Russian Federation, sociocultural adjustment, educational integration, language integration, children of migrants, Russian as a foreign language, school language, Council of Europe
Reference:
Yurkovskiy A.V., Kuz'min I.A..
Peculiarities of the constitutional legal protection in the Republic of Korea
// Law and Politics.
2016. № 11.
P. 1351-1358.
DOI: 10.7256/2454-0706.2016.11.52722 URL: https://en.nbpublish.com/library_read_article.php?id=52722
Abstract:
The subject of this research is the peculiarities of development, organization, and functioning of the constitutional legal protection system in South Korea, considering the historical trends and modern political legal situation in the country. The author examines the most important aspects of the official constitutional law doctrine of the Republic of Korea, as well as discusses the specificities of legal policy for crime prevention in South Korea. The efficiency of the constitutional legal protection is assessed from the perspective of development of the legal regulation alongside the work of the essential constituents of the constitutional control (President, Constitutional Court, and others). The scientific novelty of this work consists in the substantive characteristic of one of the elements of South Korean constitutionalism – the constitutional legal protection. A conclusion is made about the high level of state legal development of the Republic of Korea and its specificity, as well as classic approach towards formulation of the structure and content of the Constitution and objective-subjective characteristic of the constitutional legal protection.
Keywords:
crime prevention, legal policy, Constitutional Court, President, constitutional legal protection, South Korea, subjects of protection, objects of protection, Constitution of South Korea, crimes
Reference:
Grigor'ev I.V..
Gaps and collisions in the legislation on anticorruption in state civil service of the Russian Federation
// Law and Politics.
2016. № 10.
P. 1258-1264.
DOI: 10.7256/2454-0706.2016.10.52709 URL: https://en.nbpublish.com/library_read_article.php?id=52709
Abstract:
This article explores the peculiarities of the legal regulation of anticorruption measures in the state civil service of the Russian Federation. The author analyzes the key issues in civil servants reporting income, expenses, property, as well as verification of these reports. Analysis is conducted on separate element of the legal status of civil servants that carry anticorruption character. The author highlights the issues pertaining to the possibility of bringing civil servants to disciplinary accountability for violations of corruption nature. The novelty of this research consists in the fact that in represents a comprehensive research of the legal issues of anticorruption measures in state civil service of the Russian Federation. The author formulates a proposal to improve the current civil legislation and legislation on state civil service.
Keywords:
account, conflict of interest, gift, expense reporting, income reporting, liability of public servants, anticorruption, civil service, stocks, legal status
Reference:
Shelestinskiy D.G..
Federalism of law: objective peculiarities of development
// Law and Politics.
2016. № 10.
P. 1247-1250.
DOI: 10.7256/2454-0706.2016.10.52707 URL: https://en.nbpublish.com/library_read_article.php?id=52707
Abstract:
This article is dedicated to the analysis of the establishment of the principle of federalism in the United States of America, as well as the problems of its practical implementation and factors that affected this selection of the form of cooperation of states. The work generalizes the practical experience of application of federalism of law and judicial system that ensures its realization, “implied authority” and “supremacy clause” of the U. S. Constitution with consideration of opinions of a number of researchers. A comparative analysis is conducted on realization of the principle of federalism of law in the United States and the Russian Federation. Based on the conducted analysis, the author determines the specificity of the functionality of this principle of federalism of law that is characteristic namely for the United States. The author highlights the peculiarities of the development of Russia that form a different understanding and application of this principle. A conclusion is made on the limitation of the branches of government authority on the federal and regional levels in the United States.
Keywords:
Anglo-Saxon legal system, Hierarchy of the sources of law, Limitations of legislative regulation, Principle of residual competence, Competence of federal authorities, State authority, Cooperation of states, Implied authority, Supremacy clause, Federalism of law
Reference:
Kireeva A.V., Zolotareva A.B..
Public-private partnership in social sphere: analysis of the effectiveness of existing models
// Law and Politics.
2016. № 10.
P. 1251-1257.
DOI: 10.7256/2454-0706.2016.10.52708 URL: https://en.nbpublish.com/library_read_article.php?id=52708
Abstract:
The article analyses new elements of Federal legislation in the public-private partnership sphere and the constituent entities’ experience of applying various models of public-private interaction including investment forms (concessions, public-private contracts, lease with investment commitment) and forms not involving investment (public contract; subsidies to consumers of social services and social services providers). It is demonstrated that in most cases they are interchangeable, which causes the necessity to perform their comparative analysis at the project preparation stage.Methods of logical analysis, and statistical analysis were used to identify regional problems arising in social sphere in connection with public-private partnership development. Surveys of public authorities of Russian regions were conducted. Development of public-private partnership entails a risk of degradation of the budgetary institutions. The process of substituting of budgetary institutions by private providers is very active in home care sector; reallocation of budgetary resources in favor of private providers takes also place in the sphere of healthcare and education. In the home care sector, not requiring significant investments, the process of replacing public services by the private ones does not create significant risks, but those risks are really serious in the sphere of healthcare and education - the capacity of the public sector, in the case of its loss, is not subject to rapid recovery. There was a number of cases, when PPP-reconstruction of health facilities led to the reduction of free services for people.
Keywords:
Semi-stationary social care, In-home social care, Social service, Noncommercial organizations, Social care providers, Subsidies, Concessions, State procurement, Social sphere, Public-private partnership
Reference:
Ivshina I.N..
Territorial composition of a federative state: principles of formation and constitutional establishment
// Law and Politics.
2016. № 7.
P. 835-841.
DOI: 10.7256/2454-0706.2016.7.52657 URL: https://en.nbpublish.com/library_read_article.php?id=52657
Abstract:
The subject of this research is the historical legal experience of the formation of the territorial and constituent composition of the federative states of the world and the corresponding complex of constitutional norms established in the text of federal constitutions. The study is conducted on the constitutions of over 50 federative states signed at the time of the creation of federation. This work presents the analysis on the means of constitutional establishment of the constituent composition of a federation, principles of formation of the territory of the subjects of the federation, order of changes to the borders between them, as well as the principles of formation of federal territories and capital districts in the composition of the federation. The author concludes that the lack of normative establishment of the constituent composition of a federation in the text of the federal constitution is a gap that needs to be filled, but not unambiguous conclusion should be made on the absence of federal foundation in the organization of public authority: this will require analysis of the entire complex of the constitutional norms.
Keywords:
state, territory, federalization, federation, constitution, constituent member, Russian Federation, Federal subject, Borders, Legal status
Reference:
Larichev A.A..
Legal regulation of the administrative control over the work of the branches and officials of the local self-governance in Canada
// Law and Politics.
2016. № 7.
P. 830-834.
DOI: 10.7256/2454-0706.2016.7.52656 URL: https://en.nbpublish.com/library_read_article.php?id=52656
Abstract:
The object of this research is the institution of administrative control over the work of the branches and official of local self-governance in Canada. The subject of this work is the normative legal sources, as well as scientific and analytical literature on this topic. Analyzing this institution, the author gives attention to such issues as the forms of administrative control over the work of the branches and official of local self-governance; their internal content and peculiarities; differences in regulation of corresponding issues in the legislations of the different provinces of Canada. Analysis of the forms of administrative control over the work of the branches and official of local self-governance in Canada allows the author to make a conclusion on its wide implementation on all stages of administrative work. Despite the foreseeable trends of expansion of legal personhood of the branches of municipalities and acquisition of discretion authority, the administrative control maintains a significant role in the relations between the executive branches and local self-government.
Keywords:
Financial control, monitoring, subsequent control, current control, preliminary control, state government, province, Canada, local self-government, administrative control
Reference:
Koblov S.Yu..
Overview of the U. S. legislation regulating trade and economic relations with participation of foreign countries
// Law and Politics.
2016. № 6.
P. 709-718.
DOI: 10.7256/2454-0706.2016.6.52643 URL: https://en.nbpublish.com/library_read_article.php?id=52643
Abstract:
The subject of this research is the norms of the U. S. legislation that regulate the trade and economic relations with participation of foreign countries. A special attention is given to the key aspects of the legislation, in particular, regulation of the spheres of intellectual property and foreign investments (including antitrust legislation). Among other issues, the author explores the technique of systematization of laws in the United States, the so-called “national security doctrine”, influence of U. S. domestic legislation upon the norms of international law that regulate the trade and economic relations between countries. The author used the works of Russian and American legal scholars in the area of international (including international economic) law and economic theory. The scientific novelty of this research consists in the doctrinal and systemic historical outlook upon the U. S. legislation that regulates the trade and economic relations with participation of foreign countries in the context of modern changes in the international economic legal order, through which the author concludes that the United States have accumulated a substantial amount of experience of state regulation of economic relations inside the country, which ensures regulation of the corresponding trade and economic relations, including trade of goods and services; application of fees and taxes; protective, anti-damping and compensation measures; anti-damping practice; protection of intellectual property laws and investment relations; labor and environmental standards; etc.
Keywords:
International legal order, WTO, Trade, Investment, Intellectual property, Foreign state, USA, United States, Trade and economic relations, Legislation
Reference:
Tel'nov A.V..
State reputation as a category of civil law: concept and meaning
// Law and Politics.
2016. № 6.
P. 700-708.
DOI: 10.7256/2454-0706.2016.6.52642 URL: https://en.nbpublish.com/library_read_article.php?id=52642
Abstract:
The subject of this research is the legal norms that regulate intangible assets, personal intangible rights, as well as the rights of the state as a subject of civil legal relations. The object of this research is public relations associated with such personal intangible right as the state’s right to reputation. The author substantiates the need for protection of the state reputation from defamation and the need for creation of the necessary legal provision for protection of the state’s personal intangible right to reputation. The author also argues that the current categories of civil law cannot cover all possible instances that require protection of state rights. The scientific novelty of this research consists in the fact that based on the current knowledge in the area of civil law the author presents the legal substantiation for introduction into the legislation of the Russian Federation of such category as reputation, which can be applied to state as a subject of civil legal relations.
Keywords:
Defamation, State protection, Protection of intangible rights, Protection of reputation, Public law formation, Personal intangible rights, Intangible assets, State, State reputation, Reputation
Reference:
Zhanuzakova L.T..
Authority of the President of the Republic of Kazakhstan in the legislative sphere
// Law and Politics.
2016. № 4.
P. 441-448.
DOI: 10.7256/2454-0706.2016.4.52612 URL: https://en.nbpublish.com/library_read_article.php?id=52612
Abstract:
This article explores the right in the legislative and constitutional initiative of the President of the Republic of Kazakhstan, the right to sign laws passed by the Parliament and object to them (the right to veto), president’s legislative authority in the cases established by the constitutions, and the right to give legislative orders to the Government. Analysis is conducted on the institution of countersignature in the legislation of the Republic regarding laws passed by the Parliament and signed by the President, presidential decrees issued by the initiative of the Government, as well as other means of influence upon the legislative process by the head of state. Introduction of the concept of “legislative act” allows him to introduce into Parliament not only legislative bills, but also Parliamentary and Chambers decrees that are in fact by-laws. This is in essence an infringement upon the competency of the highest representative branch on organization of its activity. The President of the republic is the only subject who can directly realize the right of the constitutional initiative: by introduction of an amendment bill into the Constitution in the Parliament or at the republic referendum. The Parliament and the Government exercise this right indirectly – through the President. Study of the President’s authority with regards to passing legislative acts revealed that the need for preserving this institution is no longer necessary, due to formation of professional Parliament, expansion of its authority, the right of the head of state to introduce legislative initiative, and other means of influencing the legislative process. The author makes recommendations on improving the Constitutional law.
Keywords:
Parliament, authority, legislative act, legislative initiative, law, delegation, veto, President, referendum, Constitution
Reference:
Litovkina M.I., Kolesnikov E.V..
Right to protection of health and medical aid in the Russian Federation as a constitutional value
// Law and Politics.
2016. № 2.
P. 167-177.
DOI: 10.7256/2454-0706.2016.2.52583 URL: https://en.nbpublish.com/library_read_article.php?id=52583
Abstract:
In this article the authors substantiate the axiological importance of the right to protection of health and medical aid by its complex nature, as it pertains to the right to life, favorable environment and others. In addition to that, the value nature of this right consists not only in the protection of such indefeasible benefit as health, but also in creation of conditions for exercising basic rights to free development and a worthy life. Campaigns and programs on protection and restoration of individual and public health are the obligations of both, the state and individual. The scientific novelty of this work consists in exploration of the value aspects of this right, which are not sufficiently analyzed within the juridical science, from the position of modern research and relevant conditions for social reforms. This approach towards the study of constitutional right to protection of health and medical aid is necessary in order to determine new regularities of development of the Russian legislation in this area.
Keywords:
personal dignity, legislation, state, social value, legal value, consitiutional value, constitutional right, worthy life, health protection, welfare
Reference:
Karpovich O.G..
Characteristics of the modern North American federalism (on the example of the United States)
// Law and Politics.
2016. № 2.
P. 158-166.
DOI: 10.7256/2454-0706.2016.2.52582 URL: https://en.nbpublish.com/library_read_article.php?id=52582
Abstract:
This article is dedicated to the characteristics of the formation and the analysis of the state of the modern model of federalism in the United States of America. The object of this research is the U. S. federalism, which are the form of the government structure of the current United States, as well as the political and historical trends and regularities of the formation of the modern (so-called “competitive”) model of federal government in the U. S. The subject of this research is the forms, methods, and instruments of establishment of federal relations in the United States at the present stage. The goal is to determine the characteristics of the formation and the key aspect of the modern model of the North American federalism. The author pays attention to the fact that the federalism model of the current United States is the result of a long evolution of various ideas and concepts of organization of a complex society. It is the United State that gave the world the four classic concepts of federalism: dualistic, cooperative, technocratic, and competitive, which became the standard for federal structuring in many countries of the world. The modern federalism model in the United States, which represents a new stage in development and modernization of the competitive federalism model, undoubtedly has its flaws and contradictions. But namely the special qualities of this model ensure a determined establishment of U. S. national interests throughout the world and are the foundation of their soft and smart power.
Keywords:
diplomacy, international relations, U. S. foreign policy, world politics, society, political system, interests, state, security, USA
Reference:
Trofimova G.A..
Right to indemnity in Russia as a legal category
// Law and Politics.
2016. № 1.
P. 40-49.
DOI: 10.7256/2454-0706.2016.1.52569 URL: https://en.nbpublish.com/library_read_article.php?id=52569
Abstract:
The right to indemnity carries a special character, representing an exception from the constitutional principle of equality of all citizens before the court and law. The historical foundation and the need for creation of additional guarantees for elected officials justified the emergence of this right. The author makes an attempt to define the key elements of this right, and find the correlation between the right to indemnity and the adjoining notions of “immunity” and “nonprosecution”, as well as present the structure of right to indemnity and the form of its establishment in the legal text; analyze the variants of the scope of the right to indemnity that currently exists in the scientific literature and legislation. This work sheds light on such under-studied juridical category as right to indemnity. The analysis presented here can be useful for clarification of the conceptual apparatus of the constitutional law and theory of law, as well as for the purposes of improving the legislation on responsibility of state officials possessing diplomatic immunity or other type of immunity as an exclusion from the general jurisdictional rules.
Keywords:
Legal immunity, Official immunity, Presidential immunity, Nonprosecution, Diplomatic immunity, Equality, Right to indemnity, Legal exception, Conditions for removal of immunity, Immunity
Reference:
Kravets I.A..
Russian republicanism and the problem of separation of powers
// Law and Politics.
2016. № 1.
P. 28-39.
DOI: 10.7256/2454-0706.2016.1.52568 URL: https://en.nbpublish.com/library_read_article.php?id=52568
Abstract:
The author explores the problem of identification of the Russian republicanism and constitutionalism, demonstrates the relationship between the constitutional form of government and models of separation of powers, open scientific approaches to understanding the nature and features of the republican form of government established by the Constitution of the Russian Federation in 1993. Particular attention is paid to the dynamic possibilities, realities and prospects of the development of the republican form of government in Russia. The study analyzes the theoretical basis, the origins of the principle of separation of powers, constitutional contours of the model of separation of powers ("flexible", "hard" and "mixed" models), as well as the problem of the origin, development and implementation of the modern principle of separation of powers as the basis of the constitutional order of Russia. The scientific novelty consists in the formulation of specific features of various models of separation of powers in light of their effect, implementation, as well as the future development of the republican form of government within the Russian model, including the identification of legal nature of the Russian constitutionalism.
Keywords:
President of the Russian Federation, presidential constitutionalism, semi-presidential system, models of the separation of powers, Russian constitutionalism, form of government, republicanism, the executive branch, "flexible", "hard" model, "mixed" model
Reference:
Platonova N.I..
Direct government financing of the current activity of political parties in Russia
// Law and Politics.
2015. № 12.
P. 1677-1681.
DOI: 10.7256/2454-0706.2015.12.52550 URL: https://en.nbpublish.com/library_read_article.php?id=52550
Abstract:
This article is dedicated to the examination of development of legal regulation of the government financing of political parties by means of granting state subsidies. A special attention is given to the analysis of the efficiency of federal spending aimed at support of the established party system. The currently existing order of government support of the political parties corresponds neither with the principles of reasonableness nor objectiveness. The severity of this issue has increased due to the fact that Russia is undergoing an economic crisis, thus there is an urgent need for optimization of state revenues. Based on the conducted research, the author concludes that there is a need for reform of the system of state party funding, and suggest the ways of improving the existing legislation. First and foremost, it is recommended to set the order of determining the volume of allocated funds from the federal budget in form of a certain percentage of its total size for the corresponding year, as well as establishing a dual-level system of disbursement of state investments among the parties. Such measures contributed into optimization of the federal spending, as well as encouraged the development of political parties that gain most support among the population of the country.
Keywords:
direct government funding, financing of political parties, current activity of political parties, government funding, political parties, optimization of federal spending, state subsidy, party system, principle of reseonableness, federal budget
Reference:
Musalova Z.M., Gabieva S.M., Gadzhieva Kh.V..
Interaction of the head of a subject of the Russian Federation with the President of the Russian Federation
// Law and Politics.
2015. № 12.
P. 1673-1676.
DOI: 10.7256/2454-0706.2015.12.52549 URL: https://en.nbpublish.com/library_read_article.php?id=52549
Abstract:
The object of this research is the public relations emerging in the process of interaction between the head of a subject of the Russian federation with the President of the Russian Federation, as well as the place of the senior official of a subject of Russian federation within the mechanism of government authority. The authors analyze this position as a head of the subject of Russian Federation who is called to ensure the interests of his people on one hand, and as an element of a the system of executive authority according to part 2 of Article 77 of the Constitution of the Russian Federation. Based on the research of the interaction of a subject of the Russian Federation with the President of the Russian Federation, we can conclude that among federal branches of government authority it is the head of state that has the highest authority with regards to the highest official of the subject of the federation, which results from his authority to ensure coordinated functionality and cooperation between the branches of government power.
Keywords:
authority, mechanism of separation of powers, interaction, head of the subject, president, constitution, law, federation, system, state power
Reference:
Andreev S.V..
The legal bases of interaction of bodies of state power of subjects of the Russian Federation and local authorities in the sphere of transport services
// Law and Politics.
2015. № 12.
P. 1667-1672.
DOI: 10.7256/2454-0706.2015.12.52548 URL: https://en.nbpublish.com/library_read_article.php?id=52548
Abstract:
The subject of this article is the legislation governing the transport service of the population and the need for establishing cooperation between state authorities of the RF subjects and local authorities in the field of socially useful activity. With a focus on their joint activities in the sphere of transport of passengers by bus is the most accessible to the public form of public transport. In the process of the study were used widely tested scientific methods of dialectical materialist knowledge, as well as the system-structural method, the analysis of the laws and other legal acts, formal-logical method. Collectively called the method was the methodology of this study.Problems article is among undeveloped in the legal literature. In this connection, the elements of novelty have definitions of "the interaction of state power of subjects of the Russian Federation and local self-government" and "the organization of transport services", as well as the characterization of the essence of the interaction of bodies of state power of subjects of the Russian Federation and local self-government for the organization of public transport services. The novelty is contained in the proposals on improvement of legal regulation of their activities in this socially important sector.
Keywords:
Public authority, Constitution of the Russian Federation, Federal law, Transit strategy, Regional legislation, Mass transit, Government branches, Constituents of the Russian Federation, local self-governance, Cooperation
Reference:
Volkov N.A..
Legal regulation of the work of regional commissioners for human rights if the federal legislation of the Russian Federation
// Law and Politics.
2015. № 10.
P. 1362-1367.
DOI: 10.7256/2454-0706.2015.10.52506 URL: https://en.nbpublish.com/library_read_article.php?id=52506
Abstract:
The object of this research is the institution of commissioners for human rights on the Russian Federation, including the regional commissioners for human rights. The subject of this research is the legal regulation of the work of regional commissioners for human rights. A special attention is given to the analysis of regulation of the work of regional state human rights activists by the federal legislation of Russia. The article examines the latest innovations of the federal legislation in the area of regulation the work of regional commissioners for human rights. The scientific novelty of this research consists in the fact that since the emergence of the new state mechanism for human rights in the Russian Federation – the human rights institution – over the period of almost twenty years State Duma adopted several amendments to the federal law “On the Principles of the Activity of Commissioners for Human Rights in Constituents of the Russian Federation”. The need for introduction of such law was justified by the lack of proper regulation in the relationship between federal and regional human rights activists, federal executive authorities, and regional commissioners, as well as the insufficient guarantees of the independence of regional commissioners in certain constituents of the Russian Federation. This whole time, only regional laws served as the legal basis of the activity of regional ombudsmen. Currently, the problem is solved due to adoption of the Federal Law of April 6, 2015 No.76-FZ “On Introducing Amendments to Certain Legislative Acts of the Russian Federation for Improvement of Activities of Commissioners for Human Rights”. The author’s contribution into this research consists in his participation in the course of development of this legislative law as a part of a team under the Commissioner for Human Rights of the Russian Federation.
Keywords:
convict, common legal space, protection of human rights, human rights defender, legal status, unsettled relations, regional legislation, Federal Law, legal status of foreign citizens, human rights activity
Reference:
Trofimova I.N..
Indexes and objectives of the socio-economic development of the Russian regions
// Law and Politics.
2015. № 10.
P. 1356-1361.
DOI: 10.7256/2454-0706.2015.10.52505 URL: https://en.nbpublish.com/library_read_article.php?id=52505
Abstract:
This article examines the peculiarities of the socio-economic development of the regions in Russia. The relevance of this research is justified by the growing disparity between various social classes, as well as separate territories. A special attention is given to the analysis of the correlation between the level of gross regional product (GRP) per capita and the level of average monthly income amongst region’s inhabitants. These indexes are reviewed not only as important factors of current situation within the regions, but also as strategic markers of a long-term socio-economic development. The theoretical and methodological basis of the research consists of the combination of positions that argue the greater importance of internal potential of socio-economic development of the regions in comparison to the administrative and political factors. The main conclusion of the research is determination of the existing disparity within the current socio-economic position of the regions and unfounded domination of the administrative and political approaches in setting the long-term goals for regional development. Inclusion of the indexes of the average monthly income and GRP into the long-term strategies for the socio-economic development of the regions must account not only for the administrative measures, but also for the development of internal potential of the regions, their cultural, economic, and social specificity.
Keywords:
socio-economic development, region, regional policy, average wages, gross regional product, indicators, development strategies, strategic planning, regional disparity, internal potential
Reference:
Aristov E.V..
Spanish welfare state
// Law and Politics.
2015. № 9.
P. 1226-1233.
DOI: 10.7256/2454-0706.2015.9.52487 URL: https://en.nbpublish.com/library_read_article.php?id=52487
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.
Keywords:
Welfare state, Welfare statehood, Constitutional law, Welfare guarantees, Social policy, Social insurance, Pension, Mandatory medical insurance, Social security, Economic model
Reference:
Kurbanov R.A..
The legal regulation in the sphere of production, transportation and consumption of oil and gas in Mexico
// Law and Politics.
2015. № 7.
P. 913-917.
DOI: 10.7256/2454-0706.2015.7.52453 URL: https://en.nbpublish.com/library_read_article.php?id=52453
Abstract:
The article analyzes the Mexican legislation regulating the production, transportation and consumption of oil and gas.The relevance of the analysis is that, on the one hand, Mexico is a member of the North American Free Trade Agreement (NAFTA), and a major exporter of energy to the United States of America. On the other hand, state regulation covers almost all areas of the energy sector. This feature of the energy sector in Mexico adversely affects not only the investment climate and the development of modern technologies in the energy sector, but also in the integration processes of all of North American continent. Currently, all mineral resources are owned by the government, and preserve the state monopoly on oil and on certain types of activity in its initial processing. At the same time, private companies carry out the processing, transportation, storage and sale of the oil.
Keywords:
state monopoly, imports, exports, NAFTA, transportation of oil, environmental law, hydrocarbon production, Mexico, energy law, legislation
Reference:
Adarchenko E.O..
Difficulties in determining the status of the Central Bank of the Russian Federation
// Law and Politics.
2015. № 7.
P. 908-912.
DOI: 10.7256/2454-0706.2015.7.52452 URL: https://en.nbpublish.com/library_read_article.php?id=52452
Abstract:
The subject of this research is the status of the CBRF, which in author’s opinion is rather ambiguous. Determination of the Central Bank’s status, its tasks, rights, and responsibilities is necessary in order to ensure that the national banking industry will have a stable and problem-free functionality. The author claims that practically all doctrinal opinions characterize the Central Bank either as a branch of government authority (although exactly which, remains unclear), or as a non-commercial organization. In author’s opinion, none of these approaches can be considered optimal in determining the status of the Central Bank and maintain its functions and principles of operation. Researching and analyzing current proposals of scholars with regards to solution of issue of status of CBRF, the author proposes an original option of codifying the status of the CBRF by passing the law “On Legal Entities under Public Law”, which will stipulate the criteria for becoming a legal entity under public law. Passing this law would resolve the complications and indeterminacy of the status of CBRF, as well as other organizations legally defined as legal entities under private law, while formally conducting executive activity on a nationwide scale.
Keywords:
State, Central Bank, Executive branches, Authority, Non-commercial organizations, Legal entity, Public law, Functions, Management, Independence
Reference:
Borodach M.V..
Comparative differentiation of private and public interests as a factor of the branch of juridical institutionalization of the phenomenon of public domain
// Law and Politics.
2015. № 6.
P. 766-776.
DOI: 10.7256/2454-0706.2015.6.52433 URL: https://en.nbpublish.com/library_read_article.php?id=52433
Abstract:
This work reflect the result of conducted research on the issue of properties in a specific content of public interests acting as grounds for the phenomenon of public property. The comparison is based on the objective existence of only two types of social interest in public life – private and public, as well as the point of reference that consists in presence of both, substantial differences, and inseparable dichotomous correlation of public and private origins of social life. Statement of the problem takes place in the context of the need to define the legal nature of public interest, and subsequently the legal nature of social phenomena, which serve as the basis for the interests in question. The author justifies the thesis that objective qualities of the public interests allow us to speak of a strictly constructive legal nature, and thus of constructive legal nature of social phenomena that serve as direct basis for such interests.
Keywords:
nation, legal axiology, sociocultural values, public involvement, public authority, public domain, public interests, constitution, constitutional law, authoritative relations
Reference:
Kolyukh V.V..
Dualism of the executive government: constitutional prerequisites and means of limitation
// Law and Politics.
2015. № 6.
P. 759-765.
DOI: 10.7256/2454-0706.2015.6.52432 URL: https://en.nbpublish.com/library_read_article.php?id=52432
Abstract:
This article reveals the essence and highlights the various types of dualism of the government as a constitutional distribution of functions and authority between two highest branches of government. Based on the analysis of the specificity of the presidential, parliamentary, and semi-presidential form of republican government the author underlines the constitutional prerequisites of dualism of the executive branch: absence of definition of the head of executive branch in the constitution, and endowment of the president with significant authority. This work accentuates the possible constitutional means of overcoming or limiting dualism of the executive branch: declaration of the president as the head of the executive branch with authority over the government (presidential system); institution of countersignature of acts of president by the prime minister and the cabinet of ministers responsible for their execution (parliamentary system); institution of political responsibility of the government before president with the ability to dismiss the prime minister by the presidential order and the institution of countersignature (semi-presidential system). The author concludes that dualism of executive branch, same as constitutional distribution of authority between president and the government, contradicts the centralized character of this authority and can cause disputes and conflict between the president and the government (prime minister), negatively affection the efficiency of government administration.
Keywords:
semi-presidential system, parliamentary republic, presidential republic, prime minister, government, president, dualism of executive power, dualism of power, check and balance system, countersignature
Reference:
Mazurova E.A..
The order of distribution of deputy mandates as an essential part of proportional electoral system
// Law and Politics.
2015. № 6.
P. 754-758.
DOI: 10.7256/2454-0706.2015.6.52431 URL: https://en.nbpublish.com/library_read_article.php?id=52431
Abstract:
The subject of this research is the theoretical and practical issues associated with realization of the mechanism for distribution of deputy mandates between the candidates from the slates submitted by the electoral unions during deputy elections for legislative branch of government on the regional level by the proportional electoral system, as well as federal and regional legislation that regulates said procedure of distribution of mandates. A special attention is given to the questions of maintaining priority of the candidates in the slate in case of refusal by one or another candidate from receiving the mandate, and the analysis of the legal position of the Constitutional Court of the Russian Federation expressed on this matter. Based on the analysis of the regional electoral legislation, the author comes to a conclusion on existence of a clash of constitutional values, which on one hand are linked to the right of the party to promote candidates within the slate of candidates, and exercising of citizens’ passive electoral right on the other.
Keywords:
deputy mandate, exclusion from slate, waiver of mandate, order of distribution of mandates, passive electoral right, slate of candidates, political parties, electoral system, transfer of mandates, deputy election
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