Berlizov M.P. —
Revisiting the Legal Technique in Preparation and Writing the Administrative Court Procedure Code of the Russian Federation
// NB: Administrative Law and Administration Practice. – 2019. – ¹ 4.
– P. 12 - 16.
DOI: 10.7256/2306-9945.2019.4.29936
URL: https://en.e-notabene.ru/al/article_29936.html
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Abstract: The subject of the study is the text of the Administrative Court Procedure Code of the Russian Federation, the correct implication of certain expressions, and logical sequence of its certain dispositions, as well as their comparison with other codes of judicial practice. The existence of inconsistencies within the framework of the code, as well as within its dispositions and other legal acts, is highlighted. Also, the case law regarding the regulation of such inconsistencies is presented. The author proposes the potential causes of such inconsistencies and gives recommendations for their elimination. The methodological basis of the research consists of a complex of general scientific methods such as deduction, analysis, and synthesis. Moreover, a comparative and law method and a method of systemic analysis are applied. The main finding of the conducted research is the demonstration of the importance of the legal technique in preparation and writing a legal act on the example of various dispositions of the Administrative Court Procedure Code of the Russian Federation. Along with that, the author emphasizes the potential causes promoted the appearance of the defects and the methods of their elimination, including the use of methods of equivalence, consistency, and unification.
Berlizov M.P. —
On the issue of protection of archaeological heritage of the peoples of the Russian Federation
// Administrative and municipal law. – 2016. – ¹ 6.
– P. 520 - 524.
DOI: 10.7256/2454-0595.2016.6.19411
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Abstract: The research subject includes the provisions of the existing legislation on the cultural heritage objects related to the protective zones of archaeological heritage. The research object includes social relations emerging in the process of defining, establishing and approving these protective zones and their appropriateness for the archaeological heritage objects. The author analyzes the changes which had taken place in the legislation under consideration and legal regulation of this issue in the regions of the Russian Federation, detects the existing problem and offers various ways of its solving. The author applies the set of general scientific methods including deduction, induction, analysis, synthesis, the historical and sociological methods, the method of comparative analysis. The novelty of the study consists in the fact that based on the historical and legal analysis of the current legislation and the logic of the established practice, the author analyzes the new provision of the federal law, and demonstrates its defects caused by the incorrect interpretation of the meaning of the legal institution by the representatives of the federal specialized body, and offers the concrete ways of changing or amending this law in order to solve the existing problem.
Berlizov M.P. —
Problems of federalism in the sphere of government protection of cultural heritage of the peoples of the Russian Federation
// Administrative and municipal law. – 2016. – ¹ 2.
– P. 139 - 142.
DOI: 10.7256/2454-0595.2016.2.17730
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Abstract: The author analyzes the implementation of the concepts of the state cultural policy of the Russian Federation concerning the protection of cultural heritage objects for the past period, demonstrates the existing contradictions between the federal center and the regions of the Russian Federation in relation to forming independent authorized agencies in this sphere, and shows these contradictions using the example of the current Russian legislation and bills, shares his ideas about the issue under consideration. The research methodology consists of general scientific philosophical methods, particularly, the materialistic method, specific scientific methods (analysis, synthesis, modeling, induction, deduction, and abstraction), and special methods, including the statistical method, the formal-logical method, the method of law interpreting, and the method of comparative jurisprudence. To solve the research tasks, the author also applies the analysis of statistical data and legal documents. The author demonstrates the practical realization of the concepts of cultural policy in Russia by the federal center and the regions, the appearing contradictions, caused by the regions’ independence, which is provided by the Constitution of the Russian Federation, and the possible variants of further developments in this sphere.
Berlizov M.P. —
// Administrative and municipal law. – 2015. – ¹ 1.
– P. 89 - 96.
DOI: 10.7256/2454-0595.2015.1.13929
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