State institutions and legal systems
Reference:
Antsiferov N.V.
Constitutional responsibility on the official promulgation of laws
// Law and Politics.
2017. ¹ 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
Law and order
Reference:
Urda M.N., Sheveleva S.V.
Fraud in obtaining benefits under the legislation of foreign countries in the context of combating scientific misconduct in carrying out state tasks
// Law and Politics.
2017. ¹ 5.
P. 17-26.
DOI: 10.7256/2454-0706.2017.5.22818 URL: https://en.nbpublish.com/library_read_article.php?id=22818
Abstract:
This research is devoted to a comparative analysis of the criminal legal means of countering misconduct when receiving payments, a type of which is fraud in the field of scientific research in the performance of a state task. The subject of the work is the norms of foreign legislation. Research objective is to formulate the main approaches towards the regulation of the liability for fraud when receiving payments and comparable acts in legislation of foreign countries, and optimization of the Russian criminal legislation on liability for fraud, taking into account international rulemaking experience. The methodological basis of the work is a comparative legal method of research. The authors also used the methods of analysis and abstraction. The new results obtained include: highlighting the main approaches in formulating the encroachment in question in foreign legislation; the conclusion that the special norms on fraudulent activities with subsidies in the criminal legislation of individual countries are not fully comparable to the Russian counterpart of the norm (Article 159.2 of the Criminal Code of the Russian Federation), and therefore, the foreign experience in designing their dispositions is not very suitable for interpreting fraud in obtaining State grants in the Russian criminal law; attention is drawn to the need for a uniform definition of the punishability of general and special types of fraud, according to how this is reflected in the criminal legislation of foreign countries, differentiating responsibility for fraudulent abuse, depending on the sphere of commission, the subject and methods of criminal encroachment. The obtained results deepen the content of comparative criminal law and can be used in teaching criminal disciplines, as well as improving Russian criminal law.
Keywords:
subsidies, foreign legislation, crimes, punishability of acts, fraud counteraction , differentiation of fraud, criminal legislation, grant fraud, disposition rules, sanction rules
International relations: interaction systems
Reference:
Belikova K.M.
Legal position of companies engaged in business activities in China. What you need to know when establishing a company?
// Law and Politics.
2017. ¹ 5.
P. 27-41.
DOI: 10.7256/2454-0706.2017.5.22831 URL: https://en.nbpublish.com/library_read_article.php?id=22831
Abstract:
The subject matter of this article comprises legal aspects of different kinds of companies engaged in business activities in one of the BRICS countries and the partner of Russia – China, from the perspective of preference of doing business the work characterizes main features of each of the countries. This research includes the most important facets of their functions, from establishment to liquidation. Special attention is paid to the question of issue and characteristics of the shares, the rights and obligations of the parties, as well as the order of functions of the administration. From this position the author uses general scientific methods (system analysis and synthesis of normative and practical materials, etc.) and special legal methods of legal research (comparative, of interpretation of legal norms, etc.). The main conclusions of the study are, in particular, provisions according to which it iss established that national peculiarities of legal framework of activities of business companies in China are manifested in the conditions of formation of the authorized capital (the timing, amounts and types of payment, including payments at the time of registration), in the terms permitted by law to their participants; in the definition of the laws with regard to the quorum of the General meetings and number of votes for adoption of their decisions; in the composition, competence and responsibility of the Board of Directors and Supervisory Board; in the requirement of PRC law to establish companies and ensure the work of the Communist Party and Trade Unions; in the procedure of liquidation that requires uniform implementation stages. The results presented in this article are the source of relevant and up to date information about the existing law of one of the fastest growing countries in the world, and thus can be useful for practitioners with ties to China, as well as law enforcement bodies in Russia. It also serves as a source of valuable information that enriches the domestic private law.
Keywords:
articles of Association, corporate management structure, establishment of a company, issue of shares, business companies, China, BRICS, reorganization, liquidation, business
History of state and law
Reference:
Aseeva A.S.
Legal regulation of the relation between parents and children in the early XIX – XX centuries
// Law and Politics.
2017. ¹ 5.
P. 42-49.
DOI: 10.7256/2454-0706.2017.5.22661 URL: https://en.nbpublish.com/library_read_article.php?id=22661
Abstract:
The subject of this research is the relations between parents and children in the early XIX – XX centuries. The material allows grasping the significant differences in legal position of the children 100-185 years ago. The object of this research is the legal norms consolidated by the legislation of the Russian Empire – Digest of Civil Laws that regulation the relationship between children and other actors of family law in the stated period. The author meticulously analyzes the relevant to that time legislation (Complete Collection of Laws of the Russian Empire and Digest of Laws of the Russian Empire). Special attention is turned to the norms that provide social support for children from the government. The author conducts a qualitative analysis of the legal grounds of social support for children in the area of family relations of the early XIX – XX centuries, adequately implementing the ways and rules of the method of interpretation of legal acts alongside the formal logical approaches, which allows testifying to the use of the traditional for dogmatic jurisprudence formal legal method. In addition, the author refers to the diachronic comparison and formulates the conclusions on the transformation of legislative regulation of one or another question with the course of historical time. The scientific novelty lies in the detailed description of the legal norms that regulate various aspect of relations in the area of family and marriage in accordance with the legislation of the Russian Federation in the early XIX – XX centuries.
Keywords:
Custody of the minors, Child marriage , Matrimonial relations, Digest of civil laws, Parental responsibilities, Children’s responsibilities, Children’s rights, Family and children, Parental authority, Social support for children
History of state and law
Reference:
Biyushkina N.I.
Problems of organizational legal regulation of the system of higher education in Russia: history and modernity
// Law and Politics.
2017. ¹ 5.
P. 50-67.
DOI: 10.7256/2454-0706.2017.5.23069 URL: https://en.nbpublish.com/library_read_article.php?id=23069
Abstract:
The subject of this research is the examination of issues of organizational legal nature associates with the development of system higher education in pre-revolutionary and modern Russia. The object of this research is the combination of socioeconomic and political-legal elations established in the Russian State in pre-revolutionary and present periods. The goal of this work consists in determination of the key trends in development of the organizational legal grounds of functionality of the system of higher education in Russia over the period of the XIX – the beginning of XXI centuries. The scientific novelty of this work consists in the following conclusions: the general features common to the development of pre-revolutionary and modern higher education include standardization, tendency towards the applied nature of higher education, development and differentiation of the applied and academic education at the level of advanced and higher education, systemic approach towards the reform of higher education, formation of the highly qualified personnel in various disciplines, and patriotic education.
Keywords:
standardization, reforms, staffing, Ministry of Public Education, Russian Empire, higher education, practice-oriented approach, systematic, Electivity, autonomy
Practical law manual
Reference:
Bogdan V.V., Alymov A.A.
Illegal collection of fees at issuance of credit: on the current state of the issue
// Law and Politics.
2017. ¹ 5.
P. 68-76.
DOI: 10.7256/2454-0706.2017.5.19110 URL: https://en.nbpublish.com/library_read_article.php?id=19110
Abstract:
In this study the special attention is paid to the problems of illegal collection of fees at the conclusion of credit agreements. Shortcomings of legal regulation and ambiguity of judicial practice has led to legal possibility of bank’s usage of the funds significantly aggravates the situation of the consumer (borrower) at the conclusion of the credit agreement. The authors reviewed the most common types of fees, charged for the conclusion of credit agreements, including a fee for maintaining the loan account, as well as enforcement practice on this category of civil cases. The authors used the methods of analysis, abstraction, concretization, systemic approach, the unity of theory and practice and formal legal method. Scientific novelty of this research consists in the fact that the authors suggest some ways of addressing the problems associated with the illegal collection of fees at the conclusion of credit agreements on the bases of legislation and judicial practice. During the research the authors come to the conclusions that the analysis and offers, developed in this article, can be used in practice for further improvement to the legislation on protection of consumer rights.
Keywords:
banking Commission, court, infringement of rights, unfair conditions, Bank, borrower, loan agreement, loan account, consumer protection, litigation
Legal and political thought
Reference:
Gorban V.S.
Impact of Hegel’s philosophy upon the formation and development of Jhering’s doctrine on law (the beginning)
// Law and Politics.
2017. ¹ 5.
P. 77-97.
DOI: 10.7256/2454-0706.2017.5.22214 URL: https://en.nbpublish.com/library_read_article.php?id=22214
Abstract:
The subject of this research is the question of succession and novelty of Jhering’s teaching on law that ie examined from the perspective of ideological origins in Hegel’s philosophy. Among the philosophical and jurisprudential schools and disciplines, which significantly affected the establishment and transformation of Jhering’s legal understanding, the decisive role belonged to the entire philosophical system of Hegel, including philosophy of law, history, religion, and logic. Historical legal studies usually point at the very fact of influence of Hegelian philosophy upon the formation of Jhering’s legal worldview, leaving aside such important aspect as: which specific logical and conceptual constructs were critically and non-critically interpreted by Jhering; character and level of such influence; which meaning carried Hegel’s philosophy for the formation of Jhering’s teaching on law. The scientific novelty of this work consists in determination and description of the direct impact of Hegel’s philosophy upon the establishment and transformation of the legal worldview of Jhering at various stages of his creative path. The conducted research allowed proving the original hypothesis that Hegel’s philosophy at times had stronger effect that the historical school of law in development of Jhering’s legal understanding. Identification of the separate successive features in Jhering’s legal understanding with regards to Hegelian philosophy pointed at the elements of novelty in accordance with Jhering’s expression – “enrichment of jurisprudence using philosophical legal means”.
Keywords:
Dialectics of goal, Dialectics of development, Idea of law, Reality, Realization of law, Law as idea, Philosophy of law, Notion of law, Hegel, Jhering
Legal and political thought
Reference:
Gorban V.S.
Impact of Hegel’s philosophy upon the formation and development of Jhering’s doctrine on law (the conclusion)
// Law and Politics.
2017. ¹ 5.
P. 98-114.
DOI: 10.7256/2454-0706.2017.5.22215 URL: https://en.nbpublish.com/library_read_article.php?id=22215
Abstract:
The subject of this research is the question of succession and novelty of Jhering’s teaching on law that ie examined from the perspective of ideological origins in Hegel’s philosophy. Among the philosophical and jurisprudential schools and disciplines, which significantly affected the establishment and transformation of Jhering’s legal understanding, the decisive role belonged to the entire philosophical system of Hegel, including philosophy of law, history, religion, and logic. Historical legal studies usually point at the very fact of influence of Hegelian philosophy upon the formation of Jhering’s legal worldview, leaving aside such important aspect as: which specific logical and conceptual constructs were critically and non-critically interpreted by Jhering; character and level of such influence; which meaning carried Hegel’s philosophy for the formation of Jhering’s teaching on law. The article analyzes the views of Hegel and Jhering on the meaning of compulsion, as well as struggle and interests as the factors of legal understanding and legal cognition. The scientific novelty of this work consists in determination and description of the direct impact of Hegel’s philosophy upon the establishment and transformation of the legal worldview of Jhering at various stages of his creative path. The conducted research allowed proving the original hypothesis that Hegel’s philosophy at times had stronger effect that the historical school of law in development of Jhering’s legal understanding. Identification of the separate successive features in Jhering’s legal understanding with regards to Hegelian philosophy pointed at the elements of novelty in accordance with Jhering’s expression – “enrichment of jurisprudence using philosophical legal means”. The author substantiates a conclusion that the theoretical foundation of the constructs of Jhering’s legal theory on the concept of compulsion, struggle and interests consists in the corresponding ideas of Hegel’s philosophical doctrine.
Keywords:
Development of law , Struggle for law, Living standards of society, Struggle , Realization of law, Interests , Concept of law, Compulsion , Hegel, Jhering