Question at hand
Reference:
Martirosyan D.G.
Regulation of the work migration of the citizens of third countries into the EU according to the European Law
// Law and Politics.
2018. ¹ 10.
P. 1-8.
DOI: 10.7256/2454-0706.2018.10.43185 URL: https://en.nbpublish.com/library_read_article.php?id=43185
Abstract:
This article explores the questions of legal regulation of work migration of the citizens of third countries into the EU. Migration on a globalized world is polyoptional and diverse. Covering various social groups, we well as multiple areas of public livelihood, it represents one of the most active driving forces contributing to growth and reallocation of labor resources in the EU, contributing in turn to its economic growth. The necessity to solve the issues pertaining to work migration is substantiated by the creation of the corresponding legal base on the international level and harmonization of the internal legislation of the EU member-states. The methodological base of this research includes general scientific methods (analysis and synthesis, dialectics, logical method), as well as special legal methods: historical-legal, comparative legal, formal legal analyses. The author concludes that the EU and its member-states need to continue reworking the domestic and European legislation in the area of labor and strengthening the integration in the labor market. The efforts should be coordinated towards creation of legislative base on the issues of trans-state exchange of workers from third countries. At the same time, optimization of the migration policy in Europe is not possible without solution of the issues related to socio-psychological, cultural and language adaptation of the migrants.
Keywords:
integration processes, socialization, labor migrants, labor migration, The European Union, legal regulation, European law, globalization, international law, international relations
Jurisprudence
Reference:
Malikov S.V.
Concept and functions of law: temporal analysis
// Law and Politics.
2018. ¹ 10.
P. 9-15.
DOI: 10.7256/2454-0706.2018.10.42905 URL: https://en.nbpublish.com/library_read_article.php?id=42905
Abstract:
The subject of this research is the concept and functions of law. The goal of this work lies in determining the levels of interaction between time and law. The author examines the two levels of such interaction – external and internal. The first establishes the nature, concept, properties and functions of law, as well as its evolution in time (traced on the example of performance of the normative legal act). The second reveals the temporal tools used in law for regulating legal relations (for example, timeframes and terms). Special attention is given to the first of the aforementioned levels of interaction between time and law. As the main research method, the author applies the dialectical method of cognition. The author is first to attempt of interdependent examination of time and law for determining the concept of law and its functions. Framework is established for further research with consideration of the determined two level of interaction – external and internal, as well as the detailed examination of such categories as legal time, stability, inconsistency, continuity, dynamism, etc.
Keywords:
Continuity of law, Stability of law, Statistical function of law, Dynamic function of law, Law in time, Temporal analysis, Functions of law, Concept of law, Law, Time
State security
Reference:
Gorokhova S.S.
Main tasks of state policy of the Russian Federation on ensuring sustainable growth of the real economic sector
// Law and Politics.
2018. ¹ 10.
P. 16-24.
DOI: 10.7256/2454-0706.2018.10.43173 URL: https://en.nbpublish.com/library_read_article.php?id=43173
Abstract:
The subject of this research is the social relations affected in the process of state strategic planning in the area of ensuing economic security of the Russian Federation. The author particularly analyzes the separate tasks set by the Russian Federation Economic Security Strategy until 2030, in terms of implementation of one of the vectors of state policy with regards to ensuring economic security, namely, creating the circumstances for achieving sustainable growth of the real economic sector. Special attention is given to the current situation in the indicated sphere, as well as to the analysis of implementation of the previously adopted framework documents. The scientific novelty lies in the detailed substantive analysis of the tasks defined by the Russian Federation Economic Security Strategy until 2030, aimed at implementation of one of the vectors of state policy in the area of ensuring economic security – the creation of circumstances for achieving sustainable growth of the real economic sector, as well as the prospects of their realization.
Keywords:
independence of the national economy, economic sovereignty, strategic planning, economic security, security, state policy, real economy, labour productivity, high-tech sector of economy, energy efficiency
History of state and law
Reference:
Maksimov G.K.
Genesis of legal base of formation of local public authorities in the first years of the Soviet state
// Law and Politics.
2018. ¹ 10.
P. 25-31.
DOI: 10.7256/2454-0706.2018.10.43060 URL: https://en.nbpublish.com/library_read_article.php?id=43060
Abstract:
This article explores the questions of creation and development of legal base of formation of local public authorities in the rural areas in the years of the Russian Civil War. Based on the analysis of a wide range of sources, the peculiarities of instructions and provisions for holding village council elections, congresses of volost councils, the composition and role of election commissions in these campaigns are disclosed. Stability in application of the legislation in the course of holding re-elections and congresses of local councils comes with the end of the Russian Civil War. Based on the analysis of the legal framework, the author comes to the conclusion that the Bolsheviks attached great importance to the creation of local bodies of state power, not only as the political basis of Soviet statehood, but also as the base for mobilizing material and human resources during the Russian Civil War.
Keywords:
provisions, instruction, Decrees, constitution, All-Russian Congress of Soviets, Bolsheviks, Soviet authority, Local councils, elections, congresses
Practical law manual
Reference:
Ostrovskii O.A.
Algorithm of measures on analyzing the situation in suspicion of cybercrime with consideration of the specifics of the sources of the information data
// Law and Politics.
2018. ¹ 10.
P. 32-37.
DOI: 10.7256/2454-0706.2018.10.43061 URL: https://en.nbpublish.com/library_read_article.php?id=43061
Abstract:
This article presents the classification of computer information that identifies the means of how it was obtained, provides an algorithm for measure in investigating crimes in the area of cyberspace, as well as proposes the category of information traces of possible cybercrimes. The author carefully examines such aspects as use of information traces and conducts research on analysis of cybercrime investigation. The object of this research is cybercrime reflected in information traces, as well as tactical and technical actions aimed at discovery, storage and confiscation of information traces. The subject of this research is the regularities of crime that produces information traces, as well as regularities in the law enforcement activity in detecting, recording and using such traces in criminal investigation. Identification and analysis of cybercrimes is a difficult task in practice due to widening spectrum of crimes committed in cyberspace and constant development of means of storing and transferring information. Its solution requires not only special tactics in investigation and organizational measures, but also special knowledge in the area of computer technology. In this work, the author offers a structural schematic for the necessary measure for analysis in suspicion of cybercrime, as well as the sources of this information.
Keywords:
information traces, criminology, scheme, systematization, classification, cybercrime, computer information, algorithm of measures, investigation of crimes, forensics
Legal and political thought
Reference:
Zhdanov P.
Legal concepts of early positivism in the context of worldview foundation in the philosophy of law of Modern Era
// Law and Politics.
2018. ¹ 10.
P. 38-47.
DOI: 10.7256/2454-0706.2018.10.43187 URL: https://en.nbpublish.com/library_read_article.php?id=43187
Abstract:
The subject of this research is the legal views of the representatives of early legal positivism, particularly John Austin. The goal lies in identification of the character of relation of legal concepts of positivism to the worldview foundations of the philosophy of law of Modern Era, namely the principles of rationalism. Examining the legal concept of John Austin, the author focuses attention on the aspects that demonstrate its dependence on the new-European philosophical-legal tradition. The article analyzes the category of divine law or principle of utility, which Austin implements as a extralegal criterion of the assessment of effective law, replacing the previous ideal criterion of natural law of the rationalistic doctrines. The ideas of legal positivism in the context of new-European philosophical tradition were analyzed with general orientation towards the system-structural approach. The study of the positivistic theory of law within the system of cultural and worldview processes of the turn of XVIII-XIX centuries, allows revealing its correlation with the major ideological trends of that time. Particularly, John Austin’s criticism of the natural legal concept can be interpreted as an echo of anti-metaphysical movement that originated in the philosophy of Enlightenment and developed in the philosophical A. Comte. A conclusion is made that the early legal positivism, refuting the metaphysical constructs in jurisprudence, remains faithful to the basic principles of the rationalistic worldview of Modern Era. At the same time, reason in positivism is deprived of the status of sovereign source of natural law as a universal criterion of legal truth, and fulfils a purely instrumental role. Therefore, legal positivism manifests as a product of natural development of the new-European philosophy of law, rather than a crisis phenomenon.
Keywords:
rationalism, Modern period, worldview, utilitarianism, principle of utility, natural law, philosophy of law, legal positivism, historicism, historical school of law
Legal and political thought
Reference:
Peterburgskii M.Y.
Class interpretation of psychological theory of law by Mikhail Reisner
// Law and Politics.
2018. ¹ 10.
P. 48-57.
DOI: 10.7256/2454-0706.2018.10.43189 URL: https://en.nbpublish.com/library_read_article.php?id=43189
Abstract:
This article is dedicated to the biographical path of the prominent Russian and Soviet legal scholar and social psychologist M. A. Reisner and his contribution to Leon Petrazycki’s psychological theory of law. Biography of the scholar is viewed in the context of his socio-philosophical pursuits and transformation of his outlook. The main attention is given to the synthesis of Marxist and psychological theory of law, as it became the key area for M. A. Reisner’s scientific pursuits. The study refers to the comparative aspect, draw parallels between the theories of L. Petrazycki and M. A. Reisner, indicating their similarities and inconsistencies. The basic research method lies in the analysis of the scholar’s doctrinal contribution to the psychological theory of law, examination of his autobiography and works of other researchers, who left valuable reminiscences about M. A. Reisner. The scholar scrupulously worked at the development of the concept of intuitive law and its transformation into the positive law, as well as substantiation of the proletariat's right to revolution. However, some of his conclusions cause reasonable doubt. Particularly, in the context of modern legal consciousness, the subject of law is an individual rather than a social community (class), which M. A. Reisner believed was fair. The author emphasizes Reisner’s great contribution into the study of socio-psychological basis of law. Despite a certain idealism of his works, the scientific contribution of M. A. Reisner manifests as the brightest layer of the national science on law, which was and remains of great relevance due to lack of research conducted on its multiple aspects.
Keywords:
positive law, intuitive law, class, psychological theory of law, revolution, marxism, emotion, experience, will, ideology