Reference:
Volodina L.M..
Problems of protection of human rights in criminal procedure under the conditions of pandemic
// Law and Politics.
2020. № 9.
P. 23-32.
DOI: 10.7256/2454-0706.2020.9.43368 URL: https://en.nbpublish.com/library_read_article.php?id=43368
Abstract:
The object of this research is the relations on protection of human rights in criminal procedure justice in under the conditions of pandemic. The subject of this research is analysis of the activity of law enforcement and judicial systems in the country’s current situation. The proliferation of coronavirus infection in the Russian Federation generated pervasive problems in this area. Recommendations contained in the Decisions of the Presidium of the Supreme Court and the Presidium of the Council of Judges of the Russian Federation of March 18, 2020 and April 8, 2020 did not clarify the law enforcement practice, which led to ambiguity in the interpretation of certain provisions of these documents. The situation that formed in the country as a result of COVID-19 pandemic requires rationalization of a number of issues on the protection of human rights in nonstandard conditions of the work of judicial and law enforcement systems. Information from the open sources published on the Internet served as the foundation for this research. The conducted analysis is valuable for understanding the current situation, as well as for making appropriate decisions that are instrumental for the future. Based on the acquired results, the makes recommendations aimed at improvement of separate institutions of criminal law and criminal procedure law, namely Institution of the statute of limitations, institution of the suspension of proceedings in a criminal case. The scientific novelty consists in the exact wording of indicated recommendations on amending the current criminal procedure legislation.
Keywords:
следственные органы, prosecutor's office, judiciary, protection, human rights, epidemic, pandemic, criminal justice, protection of human rights, suspension of the proceedings
Reference:
Grigorev I.V..
Legal regulation of pension security of the migrant workers in Russia
// Law and Politics.
2020. № 8.
P. 94-111.
DOI: 10.7256/2454-0706.2020.8.43358 URL: https://en.nbpublish.com/library_read_article.php?id=43358
Abstract:
The subject of this research is the normative legal acts of Russian and international legislation regulating the peculiarities of pension security of the migrant workers . The article outlines the problems of demographic situation in Russia, examines the questions f attracting foreign workforce from the historical perspective, determines the characteristics and provides scientific definition to the concept of "migrant worker", analyzes the legal status of foreign citizens applicable to pension security. Detailed analysis is conducted on intergovernmental agreements that establish the framework for acquisition and reservation of the right of migrants with regards to pension security. Special attention is turned to the case law materials, as well the factors of acquisition of rights to non-contributory pension by migrants in the Russian Federation. The scientific novelty consists in conducting a comprehensive research of legal regulation of pension security of the migrant workers in Russia. The article reveals the transformation of contractual practice of intergovernmental regulation of the questions granting pensions to the migrants, prioritizing the proportional principle of structuring contracts and agreements. The author’s special consists in conducting scientific analysis of the content of the “Pension Agreement for Working Population of the EAEU Member States” of December 20, 2019, which determines the peculiarities of right to pension security, establishes size of payments based on length of employment. The main conclusions consist in the description of several alternatives of regulation of relations in the area of pension security of the migrant workers, depending on the status of foreign citizen, presence of intergovernmental agreement, and their content. Recommendations are formulated on the improvement of the current Federal legislation.
Keywords:
legal regulation, international agreement, foreign citizen, pension provision, insurance pension, pension, migrant, migrant worker, fixed payout, work experience
Reference:
Plutalov I.Y..
To the question on classification of constitutional rights and freedoms for application by the Commissioner for Human Rights of the Russian Federation
// Law and Politics.
2020. № 7.
P. 124-135.
DOI: 10.7256/2454-0706.2020.7.43335 URL: https://en.nbpublish.com/library_read_article.php?id=43335
Abstract:
The subject of this research is the constitutional human rights and freedoms in the Russian Federation. The goal is to substantiate their most rational classification for application in human rights advocacy of the Commissioner for Human Rights of the Russian Federation. The author conducts the analysis of these rights and freedoms, as well as underlines the need for their classification for the purpose of application by the Commissioner for Human Rights of the Russian Federation. Various approaches within modern national legal literature towards such classification. The author also presents an original approach based on the quantitative criterion – degree of perception of rights and freedoms by population of the country. The proposed new classification significantly differs from the officially accepted in its commitment to results of human rights advocacy of the for Human Rights of the Russian Federation.
Keywords:
the criteria, classification, specialization, Authorized, protection, rights and freedoms, human rights, Constitution, social justice, annual report
Reference:
Pavlisova T.E..
Assessment of the regulatory impact in the social sphere of the Russian Federation
// Law and Politics.
2020. № 5.
P. 1-13.
DOI: 10.7256/2454-0706.2020.5.43330 URL: https://en.nbpublish.com/library_read_article.php?id=43330
Abstract:
The subject of this research is the existing in the Russian practice procedures for assessment of projects of normative legal acts from the perspective of their impact upon the social sphere. Analysis is conducted on the interconnection between negative social processes in the Russian society, as well as absence of state interest in assessing social impact of various transformations in the social sphere and their normative manifestation. The author examines the approaches towards assessment of regulatory impact that are established in international documents and conserve as a base for developing conceptual foundation and methodology of assessing social influence, as well as principles that need to be places in the basis of assessment of the regulatory impact in the social sphere. The scientific novelty of this study consists in the fact that for the first time in Russian literature the author poses the problem of the need to assess not only the economic, but also social consequences of projects, solutions and their normative expression. An attempt is made to conceptualize the foundation for such assessment and formulate its principles vase on the existing international law.
Keywords:
international acts, methodology, Impact assessment, environment, right to life, sustainable development, Regulations, regulatory impact, civil society, welfare State
Reference:
Solopov O.V..
Legal status of minors in the system of regulation of labor relations in modern Russia
// Law and Politics.
2020. № 4.
P. 70-88.
DOI: 10.7256/2454-0706.2020.4.43282 URL: https://en.nbpublish.com/library_read_article.php?id=43282
Abstract:
This article is dedicated to examination of the system of legal norms determining the legal status of minors in the process of regulation of labor relations in the Russian Federation. The goal consists in the analysis of content of the legal status of minor citizens within the system of regulation of labor relations. The work solves the following tasks: determination and analysis of the elements of legal status of minors within the system of regulation of labor relations; systematization of the norms of labor law, the effect of which is defined by ensuring guarantees of minors’ rights; identification of the problems of ensuring legal status of minors within the system of regulation of labor relations; formulation of recommendations on improving legislation in this regard; as well as designation of promising directions for research in this area. The novelty consists in expansion of the circle of labor law subjects, whose status depends on honoring guarantees of the citizens under 18 years of age. Comprehensive analysis is conducted on the norms of labor law that protect the rights of minors. The article highlights the relevant problems of legal regulation, namely: legal status of employees under 14 years old, their parents and underage employers; protection of rights of underage workers; legislative allocation of separate categories of underage workers; legal regulation of permit to work with minors. The author suggests introducing additional requirements for the workers under 14 years old, as well as persons authorized to work with minors.
Keywords:
labor relationship, creative minors, work with minors, work with children, categories of working minors, minor employers, minor workers, juvenile labor law, minors, labor law
Reference:
Rakitina E.V..
Comparative research on some peculiarities of labor regulation of outsourced employees in Russia and China
// Law and Politics.
2020. № 3.
P. 56-68.
DOI: 10.7256/2454-0706.2020.3.43324 URL: https://en.nbpublish.com/library_read_article.php?id=43324
Abstract:
The subject of this research is the peculiarities of legal regulation of labor outsourcing as an atypical form of employment. Compared to traditional labor relations, labor outsourcing is characterized by multi-agency, which explains the peculiarities of its regulation. The article compares some of the specificities of legal regulation of the labor of outsourced employees within Russia’s and China’s labor law: peculiarities of emergence of relations on labor outsourcing, delineation of employer authority between the sending and receiving parties, social-partnership relations, legal position of outsourced employees, and labor legal responsibility regarding relations on outsourced labor as type of employment. The results of the conducted research yield a conclusion on the similarities and differences in legal regulation of labor of outsourced employees within Russian and Chinese labor laws. The similarities can be found in the structure of relations on outsourced labor, specificity of emergence of relations on outsourced labor based upon dual agreements – employment contract and staffing contract. There are also some similarities and differences in regulation of delineation of employer authority between the sending and receiving sides; in establishment of the legal position of outsourced employees, namely with regards to payment of wages; in resolution of the question of participation of an outsources employee in the relations on social partnership; in regulation of labor law liability of the sides of outsourced labor relations.
Keywords:
social partnership, division of employer powers, receiving party, contingent employee, private employment agency, contract for the provision of staff, contingent labor, subsidiary material liability, joint material liability, disciplinary liability
Reference:
Timshina E.L..
The issue associated with passing the Federal Law on Social Support of the “Children of War” (on the materials of legislative bills introduced into the State Duma of the Russian Federation)
// Law and Politics.
2019. № 9.
P. 74-89.
DOI: 10.7256/2454-0706.2019.9.43213 URL: https://en.nbpublish.com/library_read_article.php?id=43213
Abstract:
One of the vectors of the state social policy is care for the people who survived the Great Patriotic War. Social protection of this category of citizens prompted active discussion in the recent decade of the legislation on the so-called “children of war”, people whose childhood fell on the years of the Great Patriotic War. Legislative bills on “children of war” are founded on a new approach towards social support: instead of principles of deserving or need, they are based on belonging to a certain generation. The struggle for passing a uniform federal law started in 2006, and continues until present day. The goal of this article is to study the set of issues associated with passing of this federal law. The main initiators of this legislation, which were the Communist Party of the Russian Federation “A Just Russia” and regional authorities were unable to propose a uniform legislative bill, even though majority of the bills did not contain insurmountable differences. The authors of the initiatives also failed to overcome the law enforcement issues before them, but the failures of legislative bills also reveal common problems of the work of the State Duma of the Russian Federation, such as misuse of the right of legislative initiative by the deputies, weakness of the financial and economic bases, as well as lack of regulation of the conciliation procedures on controversial legislation. The relevance in passing this legislation still persists, as the current local legislative framework contains contradictions and requires unification on the federal level, but its timely implementation is doubtful without a compromise-based version of the bill with precise financial calculations.
Keywords:
law on veterans, Edinaia Rossiia, LDPR, Gosudarstvennaia Duma, KPRF, Spravedlivaia Rossiia, children of war, social protection, social support, social law
Reference:
Bagrova N.V..
Individual acts in the mechanism of legal regulation of spousal property relations
// Law and Politics.
2019. № 9.
P. 1-8.
DOI: 10.7256/2454-0706.2019.9.43276 URL: https://en.nbpublish.com/library_read_article.php?id=43276
Abstract:
This article examines the individual acts as the means of legal regulation of spousal property relations. Individual regulation, especially in family sphere, is an objective need, since in many cases the character of family relations excludes the possibility of uniform regulation realized through the legal norms. The goal of this research lies in the definition and characteristics of individual acts regulating spousal property relations, their types and functions, as well as substantiation of the role within the mechanism of legal regulation. The scientific novelty consists in the comprehensive approach to consideration of individual acts regulating spousal property relations, agreements, unilateral transactions and court rulings. Despite fundamental differences, such acts also have common attributes: subject of regulation, specific subject composition, and possibility of their implementation only within the framework of provided statues. These acts are also unite by the functions they carry out: harmonization of the interests of spouses, prevention of family conflicts, and support of the traditional family values. The emphasis is made on the prenuptial act, which represents a complex model of property-organizational agreement. The conclusions drawn in the article may be valuable in improving family law and law enforcement practice, both, court and notarial.
Keywords:
cryptocurrency, mediation agreement, alimony agreement, division of property, marital property, marriage contract, spouse's consent, individual, individual regulation, family value
Reference:
Kurbatova S..
On the essence of understanding of the social state as the means for ensuring legal status of individuals with limited cognitive abilities (on the example of criminal procedural law)
// Law and Politics.
2019. № 8.
P. 119-129.
DOI: 10.7256/2454-0706.2019.8.43253 URL: https://en.nbpublish.com/library_read_article.php?id=43253
Abstract:
The goal of this article is to raise the question of proliferation of modern understanding of the essence of social state in not only the area of social security, but also other areas, including criminal procedural law. Naturally, the subject of this research became the concepts of understanding of the essence of social state and the peculiarities of their application in the area of theory of criminal procedural law in examination of the question of the legal status of parties in criminal procedural relations overall and individuals with limited cognitive abilities in particular. The results of this research, reflected in its conclusions, consist in attention to the need for a change in understanding of the essence of a social state on the present stage of development of society and formation of its values on the international and national levels. The author proposes using the concept of “cognitive abilities” as a criterion for determining the level of realistic ability of a subject of violation to realize their rights and responsibilities, and as a result, attribution of individuals with limited cognitive abilities to the category of citizens requiring special protection by the state, which corresponds with the modern understanding of social state. This also justifies the novelty of the research, as well as designates the area of application of its results – in the theory of law in general, and in criminal procedural law particularly.
Keywords:
the minor accused, guarantees of legal status, participants in criminal procedural, legal status, limited cognitive abilities, cognitive abilities, socially unprotected persons, social state, victims and witnesses, criminal procedural law
Reference:
Grigorev I.V., Kudryashova N.A..
The role of the Prosecutor’s Office of the Russian Federation in protection of citizens’ right to essential medicines
// Law and Politics.
2019. № 8.
P. 130-139.
DOI: 10.7256/2454-0706.2019.8.43265 URL: https://en.nbpublish.com/library_read_article.php?id=43265
Abstract:
The subject of this research is the peculiarities of the work of Prosecutor’s Office of the Russian Federation pertinent to protection of citizens’ rights to essential medicines. The article examines the questions of legal regulation on the citizens’ access to essential medicines, as well as the powers of the Prosecutor’s Office in this regard. The authors meticulously analyze the results of prosecutors’ oversight activities in different subjects of the Russian Federation for the past two years. Special attention is given to the prosecutors’ work on eliminating violations and introducing recommendations on lodging complaints with the court. The scientific novelty lies in the comprehensive study of legal issues related to the protection of citizens’ right to essential medicines by the Prosecutor’s Office of the Russian Federation. Among the most meaningful results obtained in the course of this research is the formulation of proposition on improving the current legislation on the protection of citizens’ health, subject of prosecutor’s oversight and administrative liability for violating citizens’ rights, as well as the established law enforcement practice.
Keywords:
protection of rights, social support, social assistance, health protection, medical care, drug provision, prosecutor, representation of the prosecutor, inspection, administrative responsibility
Reference:
Shamraeva I.L..
The peculiarities of legal regulation of surrogacy
// Law and Politics.
2019. № 8.
P. 140-148.
DOI: 10.7256/2454-0706.2019.8.43269 URL: https://en.nbpublish.com/library_read_article.php?id=43269
Abstract:
The subject of this research is the set of principles and rules of civil, family and other branches of law regulating surrogacy in the Russian Federation. The author analyzes the case law established in this field, explores the scientific publications that point at the issues of legislative regulation. Attention is turned to the fact that the reproductive technologies require more accurate regulation in order to avoid difficulties in establishing the status of children born through surrogacy contract. It is demonstrated that the current legislation does not fully protect the interests of the newborn, surrogate mother and biological parents, and needs improvement. Moreover, the State Duma of the Russian Federation introduces the fundamentally different draft laws, which either are aimed at regulating surrogacy (bill of the State Duma Deputy S. S. Murzabayeva), or outlaw it altogether. The scientific novelty consists in the fact that based on the analysis of legal regulation of surrogacy and civil peculiarities formed in this field of legal relations, the author formulates and substantiates the changes and amendments to current legislation, which would specify the type of surrogacy contract, determine the legal status of a surrogate mother and potential parents, as well as set of rights and responsibilities of the parties.
Keywords:
esponsibility of the parties, agreement, child, embryo implementation, surrogate mother, infertility, assisted reproductive technologies, genetic parents, legality, moral aspects
Reference:
Grigorev I.V., Zueva K.A..
Usage of information technologies as a new vector of exercising civil rights to social protection
// Law and Politics.
2019. № 7.
P. 13-22.
DOI: 10.7256/2454-0706.2019.7.43255 URL: https://en.nbpublish.com/library_read_article.php?id=43255
Abstract:
The subject of this research is the citizens’ opportunity to exercise their rights via using modern information technologies. The article examines the peculiarities associated with enjoyment of civil rights to social protection. The author carefully analyze the questions of implementation of the Unified State Information System for Social protection and Unified Portal of Public and Municipal Services; their usage potential by the citizens in the area of social protection and development prospects. Special attention is given to implementation of electronic interaction between citizens and social protection bodies of the subjects of Russian Federation. The scientific novelty lies in the comprehensive study of legal issues pertinent to citizens’ exercise of their rights to social protection via using information technologies and systems. Among most significant results obtained in this research is the formulation of proposals on the improvement of current legislation in the area of exercising, as well as the established law enforcement practice.
Keywords:
the realization of the right, state program, information technology, unified information system, social security law, social security, industrial revolution, pension fund, social protection, legal relation
Reference:
Mordovin P., Dzyuba O., Anuchkina A..
Certain issues associated with execution of procedure of personal bankruptcy
// Law and Politics.
2019. № 5.
P. 65-71.
DOI: 10.7256/2454-0706.2019.5.43235 URL: https://en.nbpublish.com/library_read_article.php?id=43235
Abstract:
This article examines certain issues emerging in law enforcement practice due to implementation of relatively new for the Russian legislation procedure of personal bankruptcy. Analysis is conducted on the problem of payment for the bankruptcy procedure by a private entity and cases of inability to do so. The subject of this research is the norm the Federal Legislation of the Russian Federation, namely the Federal Law “On Insolvency (Bankruptcy)”. In particular, the authors consider the statues of the law regulating the realization of insolvency procedure (bankruptcy) with regards to a private entity. The conclusion is made on the need for amending the current legislation on personal bankruptcy to ensure accessibility of such procedure to majority of citizens. The authors analyze the duration of court proceedings for cases of this category, which may often protract; as well as advocate for making corresponding changes.
Keywords:
bankruptcy of an individual, financial manager, creditor, debtor, individual, insolvency, bankruptcy, arbitration law, civil procedure, legal proceedings
Reference:
Gorokhova S.S..
The development of human potential as one of the tasks of Russian State Policy with regards to ensuring economic security
// Law and Politics.
2019. № 3.
P. 62-74.
DOI: 10.7256/2454-0706.2019.3.43219 URL: https://en.nbpublish.com/library_read_article.php?id=43219
Abstract:
The object of this research is the social relations established in the process of realization of the government strategic goals, aimed at the development of human potential and ensuring economic security of the Russian Federation. The subject of this research is the separate provisions of the Strategy of Economic Security of the Russian Federation until 2030, approved by the Presidential Decree No. 208 of May 13, 2017, with regards to determination of objectives of state policy aimed at the development of human potential for the purpose of ensuring economic security. The author covers a wide range of regulatory legal acts concerning the implementation of the aforementioned strategic goals. The novelty is defined by insufficiency within the modern scientific literature of the works dedicated to comprehensive analysis of the state policy objectives aimed at the development of human potential, established by the Strategy of Economic Security of the Russian Federation until 2030, as well as the absence of studies on the process of their implementation. Based on the conducted research, the author concludes on the strong results achieved in realization of the addressed objectives. At the same time, the author notes certain difficulties related to reduction of poverty and income inequality of population. Emphasis is made on the insufficient attention paid to healthcare and cultural environment as the factors influencing the development of human potential.
Keywords:
poverty level, ecological safety, career guidance, continuing education, education, human development, economic security, security, property inequality, qualifications system
Reference:
Mukhin I.V., Malykh I.V..
Right of a working woman to monthly childcare allowance for children under the age of 1.5: history and modernity
// Law and Politics.
2019. № 3.
P. 75-96.
DOI: 10.7256/2454-0706.2019.3.43222 URL: https://en.nbpublish.com/library_read_article.php?id=43222
Abstract:
The subject of this research is the right of a working woman to monthly childcare allowance for children under the age of 1.5 as a vital opportunity in labor sphere, due to unavoidable decrease in work capacity and income with simultaneous increase in household expenses immediately following birth of a child. These circumstances require a special legal protection. The authors examine the relevant issues of passing corresponding legislation, as well as legal doctrine and case law. An original periodization of the stages of legislative consolidation of this right is proposed. The article determines the issues in legal regulation, particularly the inadequate amount of allowance, considering the increase in additional household expenses and temporary inability to work due to maternity leave. The author review the approaches towards finding balance between the interests of employees-insurers, insured parties, insurer and the government. The need for introducing corresponding amendments into the legislation is substantiated.
Keywords:
abuse of rights, decent work, maternity leave, part-time job, compulsory social security, social security, protection of women's rights, socio-economic rights, allowance, motherhood
Reference:
Abdulvaliev A.F., Danilova S.V..
Legal support mechanisms for indigenous minorities of the North
// Law and Politics.
2019. № 3.
P. 97-107.
DOI: 10.7256/2454-0706.2019.3.43223 URL: https://en.nbpublish.com/library_read_article.php?id=43223
Abstract:
This article explores the federal and regional mechanisms aimed at legal support of indigenous minorities of the North. The relevance of this topic is substantiated by the isolated living of indigenous people and multiple unresolved issues associated with preservation of ethnic peculiarities, including the questions of legal regulation of their activities. The goal of the work lies in assessment of the legal support mechanisms for indigenous peoples of the North as the government assistance to the development of traditional economy, and prevention of criminal behavior among this population group. The authors conclude that the applied mechanisms for maintenance and preservation of cultural heritage of indigenous minorities of the North are somewhat tentative, carry signs of formalism, and testify to the incomprehensive study of the problem, including from the perspective of criminal law. There is a likelihood of ethnic separatism among the indigenous population. Based on the detected problems, the authors formulate recommendations on improving the existing mechanisms of legal support of indigenous peoples, as well as suggest the new legal solutions.
Keywords:
regulation of economic activities, instruments of legal support, ancestral lands, ethnic communities, territories of traditional nature use, indigenous peoples, ethnic separatism, extremism, terrorism, crime
Reference:
Cheprasov K.V..
“What do you raise an outcry over, national bards”: Western trend towards transformation of human image by the instruments of international law, and Russia’s role in this process
// Law and Politics.
2018. № 12.
P. 41-48.
DOI: 10.7256/2454-0706.2018.12.43206 URL: https://en.nbpublish.com/library_read_article.php?id=43206
Abstract:
The subject of this article is the critical analysis of current state of the concept of human rights, primarily with regards to its rapid mutation based on the gender theory. Attention is turned to the fact that back in the late XX century, the image of human alongside the concept of human rights were founded on the traditional Western idea of humanism. At the present stage, the concept of human rights undergoes drastic changes via instruments of international law. And, at times, without due circumspection. The author believes that most boldly this trend is reflected in the attempts of recognition of child’s right to choose gender identity and sexual orientation. The conclusion is made in the unacceptability of such transformation for Russia. The scientific novelty lies in the analysis of little known international legal documents that pretend to drastic transformation of human image and the concept of human rights. In addition, leaning on the conducted analysis and examination of the historical dynamics of mutation of the doctrine of human rights, the author underlines the need of the Russian Federation to defend the traditional approach towards human right, which is founded on the classical ideas of humanism, in the context of peculiarities of the national and confessional composition of the Russian society, its sociocultural and other historical characteristics.
Keywords:
Globalization, Same-sex marriage, Gender theory, Constitutional value, Human rights, Democracy, International law, UNN, ECHR, Traditional family values
Reference:
Goncharov V.V., Shalin V.V..
Role and place of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control in the Russian Federation
// Law and Politics.
2018. № 11.
P. 41-52.
DOI: 10.7256/2454-0706.2018.11.43193 URL: https://en.nbpublish.com/library_read_article.php?id=43193
Abstract:
This article is dedicated to the role and place of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control in the Russian Federation. The author analyzes the concept of constitutional legal guarantee through the prism of the concepts and attributes of the broader sense of the concept of legal guarantee, giving the original definitions; described the objectives and tasks of the constitutional legal guarantees in general, as well as the citizens’ right to public control in particular; explores the role of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control at the federal, regional and municipal levels, and with regards to various branches of government and local self-governance, as well as authorities and organizations that execute separate public powers supported by judicial practice, bills of the Constitutional and Supreme Courts of the Russian Federation, administrative and municipal practice. The conclusion is made that the citizens’ right to public control dictates the need for its protection on the part of society and government through securing the system of constitutional legal guarantees on one hand; and on the other – the process of their practical realization allows improving the institution of public control itself, as well as the constitutional legal mechanism of its implementation and protection.
Keywords:
problems, development strategy, international legal guarantees, public administration, democracy, legal guarantees, Russian Federation, public control, constitutional and legal guarantees, common legal space
Reference:
Abdukarimova N.E., Isaeva K.A., Madmarova E.A..
To the question of qualified legal aid in the context of reform of the legislation in Kyrgyz Republic
// Law and Politics.
2018. № 7.
P. 63-70.
DOI: 10.7256/2454-0706.2018.7.43164 URL: https://en.nbpublish.com/library_read_article.php?id=43164
Abstract:
This article describes the relevant issues of providing the qualified legal aid to citizens, particularly in the context of the newly adopted legislation in Kyrgyz Republic. The authors conduct a comparative legal analysis between the provisions of the Law of Kyrgyz Republic “On State-Guaranteed Legal Aid” (of July 1, 2009) and the new Law of Kyrgyz Republic “On State-Guaranteed Legal Aid” of December 16, 2016, as well as explore the problematic aspects regarding the implementation of regulation of the Criminal Procedure Code of Kyrgyz Republic in terms of providing the qualified legal aid. The article also considers the main prerequisites that constitute the grounds for the adoption of the new Law of Kyrgyz Republic “On State-Guaranteed Legal Aid” of December 16, 2016; demonstrates the key differences between the old and the new law concerning the mechanism of providing the free-of-charge legal aid to ensure equal access for the citizens of Kyrgyzstan; as well as substantiates the enshrinement in the new (2017) Criminal Procedure Code of Kyrgyz Republic of the principle “provision of right to qualified legal aid”, with integration of norms that will become the legal ground for the activity of the defense lawyer, as well as the lawful representative. Thus, this article allows complementing the provisions of legislation regarding the measures on improving justice in Kyrgyz Republic and consider them in formulation of the provisions of criminal procedure legislation of Kyrgyzstan and the Law of Kyrgyz Republic “On State-Guaranteed Legal Aid” by the authors of other countries.
Keywords:
state legal assistance, legislation, justice, defender, lawyer, qualified legal assistance, guarantees, rights, freedom, personality
Reference:
Khachatryan M.S..
To the question on the actors of public expertise
// Law and Politics.
2018. № 6.
P. 56-62.
DOI: 10.7256/2454-0706.2018.6.43012 URL: https://en.nbpublish.com/library_read_article.php?id=43012
Abstract:
The subject of this research is the actors of public expertise. The object of this research is the public expertise as one of the forms of interaction between the state and civil society. Having analyzes the norms of the Federal Law “On the Bases of Public Control in the Russian Federation”, the author attempts to determine the groups of the actors of public expertise, analyze the role of each of them in pursuance of the research. Relevance of the topic is defined by the need for establishing the constitutional state in Russia, which is impossible without a viable civil society, capable of constantly and actively engaging in the various activities of the state, using versatile strategies, including the public control. Public expertise is one of the major forms of citizens’ participation in the lawmaking activity of the state, which allows using the intellectual potential of the society for improving the quality of lawmaking. The scientific novelty consists in examination of the actors of public expertise as one of the key elements of its model. The author concludes that the Russian model of public expertise is based on the division of functions between the different groups of the actors of public expertise (initiators, institutors, and experts. Notably, the initiators and institutors in terms of the Federal Law “On the Bases of Public Control in the Russian Federation” are determined by means of recitation, while with regards to the public experts have been established the special requirements, and all actors that meet such requirements can obtain this status. At the same time, the citizens and nongovernmental organizations as independent actors can obtain only the status of expert, due to not featuring the list of initiators or institutors of public expertise. Although, the Section 1 of the Article # of the Federal Law “On the Bases of Public Control in the Russian Federation” claims that the citizens of the Russian Federation can participate in realization of the various forms of public control, including personally. Therefore, the author detects a contradiction, pointing at the need for expanding the list of actors of public expertise (both, initiators and institutors) by including the citizens of the Russian Federation and their associations.
Keywords:
Nongovernmental organizations, Public expert, Research, Actors, Legislation, Lawmaking, Civil society, Constitutional state, Public expertise, Public control
Reference:
Derbysheva E.A..
The reexamination stage of the passed rulings and decisions on cases of administrative legal violations from the perspective of the principle of legal certainty
// Law and Politics.
2018. № 2.
P. 44-51.
DOI: 10.7256/2454-0706.2018.2.43130 URL: https://en.nbpublish.com/library_read_article.php?id=43130
Abstract:
The subject of this research is the legal norms of the Article 30 of the Code of the Russian Federation on Administrative Offenses, which regulates reexamination of the rulings and decisions on administrative violations, from the perspective of their correspondence with the requirements and principles of legal certainty in its procedural aspect. The article expounds the content of such requirement of the principle of legal certainty as cogency of court ruling. The questions of correspondence of the reexamination stage of the rulings and decisions on administrative violations to the requirements of the principle of legal certainty are being examined in comparison to similar stages in civil, criminal and arbitration procedure. The author comes to the conclusion that the administrative procedural legislation in the Russian Federation pertaining to reexamination of passed rulings and decisions on administrative violations, unlike the procedural legislation of other branches, does not meet such requirements of the principle of legal certainty as presence of the circle of subjects of appeal, restriction of multiple supervisory authorities, set period for appeal, and presence of the institutions of newly discovered circumstances.
Keywords:
complaint resolution, reviewing authority, the ECHR, of the constitutional Court, the persuasive power of judicial decisions, legal certainty, principle of law, administrative proceedings, party to the proceedings, of the administrative code
Reference:
Gerusova S..
Diligence of the citizen as a condition of release from liability in bankruptcy cases
// Law and Politics.
2018. № 2.
P. 52-59.
DOI: 10.7256/2454-0706.2018.2.43134 URL: https://en.nbpublish.com/library_read_article.php?id=43134
Abstract:
This article explores the most substantial and significant consequence of declaring an individual bankrupt and completion of the rehabilitation procedures – release from liability. The work lists liabilities from which the individual cannot be released after the conclusion of the process of realization of assets of the individual. The author gives and conducts legal analysis of the legal grounds, according to which the individual is not released from all types of liability. Analysis is conducted on the forming judicial practice on the question of application of rules on release from liability for individuals declared bankrupt. The novelty of this research consist in the novelty of the actual institution of personal bankruptcy in Russia. The law enforcement practice is just beginning to form and already finds problems in interpretation of the laws on release of individuals from liability. The author comes to a conclusion on unallowability of expanded interpretation of the positions of the Article 10 of the Civil Code of the Russian Federation in resolution of the question of diligence of the citizen and application of the rules on release from liability.
Keywords:
financial manager, conscientiousness, waiver, rehabilitation procedure, the sale of the property of a citizen, bankruptcy of a citizen, insolvency, arbitration court, abuse of right, consumer bankruptcy
Reference:
Avatkov V.A..
Political legal aspects of the functionality of non-profit organizations in Turkey
// Law and Politics.
2017. № 12.
P. 70-83.
DOI: 10.7256/2454-0706.2017.12.43106 URL: https://en.nbpublish.com/library_read_article.php?id=43106
Abstract:
The subject of this research is the sector of non-profit organizations in the Republic of Turkey at its present stage. The article thoroughly explores the legal nature of the non-profit organizations (NPOs) in Turkey, historical peculiarities of the developments of NPOs, as well as their role in formation of the political course of the country and resolution of social issues. The work provides typology for the existing NPOs in Turkey. Special attention is given to the analysis of the spectrum of functionality of the NPO sector on the example of the largest and most influential Turkish NPOs at the present stage. Author’s contribution into advancement of this topic consists in simultaneous legal and political analysis of the functionality of the NPOs. The main conclusions allowed determining the vectors for structuring possible cooperation between Turkey and Russia, as well as predict the role they will play in the political of the Republic of Turkey in the near future.
Keywords:
think tanks, islamization, soft power, foreign policy of Turkey, Waqf, foundations, NPO associations, NPOs in Turkey, legal position of NPOs, financing of NPOs
Reference:
Kuzmina E.A..
The right to appeal the procedural actions and decisions as means of protection of civil rights in pre-trial process
// Law and Politics.
2017. № 12.
P. 84-89.
DOI: 10.7256/2454-0706.2017.12.43122 URL: https://en.nbpublish.com/library_read_article.php?id=43122
Abstract:
The object of this research is the public criminal procedure legal relations pertaining to the right to appeal procedural actions (or lack thereof) and decisions of officials carrying out the criminal process, representing the means of protection of rights and liberties of citizens at the pre-trial stage. The article explores such topics as concept, meaning, parties and subject of this type of appeal. The subject of this research is the laws regulating the right to appeal the procedural actions and decisions as means of protection of civil rights in pre-trial process, legal practice of implementation of these norms, statistical data and academic views on this topic. The main conclusions of this research are expressed in the need for a complex assessment of the entirety of questions of appeal of actions (or inaction) and decisions of officials carrying out the criminal procedure, as well as determination of the weak links that still require legal resolutions, namely: establishing the limits of function of the right to appeal through legislation of limited term for filing an appeal, identifying the stage of the process of appeal, etc.
Keywords:
abuse of right, subject of appeal, notion of right of appeal, subjects of appeal, remedy, protection of the rights of a citizen, appeal of procedural decisions, appeal of legal proceedings, right of appeal, criminal process
Reference:
Perzh F.E..
Personified images of the modern Russian state in mass political consciousness
// Law and Politics.
2017. № 11.
P. 29-34.
DOI: 10.7256/2454-0706.2017.11.43110 URL: https://en.nbpublish.com/library_read_article.php?id=43110
Abstract:
The subject of this research is the verbal utterances of respondents regarding the modern Russian state examined through the quantitative method of analysis. The object of this research is the personified images of the Russian state establishing within the mass political consciousness of the citizens. The author examines the content and specificity of images of the state that form not only at the rational level of perception, but also unconscious, affected by the emotional attitude towards the problematic of the research. The images, described in accordance with the results of analysis, reflect the general representations of respondents about the modern state, its structure, specificity, and relationship with the society. The work is based on the method of incomplete sentences that allows acquiring information about an object, which forms on the rational and unconscious level of political perception. The scientific novelty, first and foremost, consists in the results of the conducted research that determines and describes the personified images of the modern Russian state establishing within the mass political consciousness. The results of analysis can be valuable in the area of political-psychological, political, legal, and sociological science.
Keywords:
Rational level, Advocacy group, Abstract representations, Geographical representations, Society, Leader, Political perception, Image, State, Political psychology
Reference:
Uvarov A.A..
On the state and trends of civil society development in Russia
// Law and Politics.
2017. № 7.
P. 56-66.
DOI: 10.7256/2454-0706.2017.7.43006 URL: https://en.nbpublish.com/library_read_article.php?id=43006
Abstract:
This article analyzes the questions associated with citizens’ participation in the work of civil society institutions. The author turns attention to the various models on relationship between civil society and the state, elements of solidarization of citizens that conduce the formation of civil society. The work scrutinizes the program and legal measures of the Russian State aimed at formation and strengthening of the civil society institutions. Characteristics of the organization structures of civil society alongside the level of their attractiveness for the citizens are presented in combination with the assessment of the results of practical activity of the separate structures of civil society. In conclusion, the author gives attention to the relevant issue of legal regulation and prospects for development of the informal manifestations of civil society. The author suggests the original legal approaches towards resolving the problems of debureaucratization of civil society, as well as development of promising and desirable directions in Russia, which include volunteering, charity, and socially oriented nonprofit organizations.
Keywords:
organizations, nonprofit, activity, social, society, civil, prospects, development, problems, Russia
Reference:
Rotar A.I..
Means of ensuring the rights to a fair trial after charges have been pressed
// Law and Politics.
2017. № 7.
P. 67-74.
DOI: 10.7256/2454-0706.2017.7.43083 URL: https://en.nbpublish.com/library_read_article.php?id=43083
Abstract:
The subject of this research is the norms of constitutional and criminal procedural legislation, legal positions of the Constitutional Court of the Russian Federation, results of scientific studies, statistical data, and judicial practice materials that pertain to the study area. First and foremost, the author examines the norms and positions, which regulate peculiarity of the status of affected party, procedural provision of parties of the stage of criminal case initiation, as well as procedural aspects of its execution. One of the key problems of protection of rights of the persons harmed by criminal acts consists in ensuring their interests at the pretrial stages of criminal case processing. The conducted research demonstrates the currently existing situation with realization of mechanisms that ensure right to access to justice faces the abundance of issues. At the stage of criminal case initiation, there is an interested party, although without the formal status of a victim. It leads to the following problem: if the legitimate interest of a person alongside the presumption of their violation are present, there must be the guarantees for their protection, including the means of ensuring the right to access to justices. The conclusion is made that for individual involved into any procedural actions at the stage of criminal case initiation must be provided the supporting means that allow referring to judicial defense. In turn, the absence of procedural form for the other proceedings, realization of which is possible at the stage of criminal case initiation, impairs efficiency of the only indicated supporting means – clarification of the rights and responsibilities. As a result, the author substantiates the need for amending the draft of the Part 1.1 of the Article 144 of the Criminal Procedural Code of the Russian Federation and addendum of a new Part 1.2 to this Article. These rules are suggested to be viewed as means of ensuring the access to justice, and must belong to all parties of any procedural actions.
Keywords:
Evidence, Supporting means, Affected party, Applicant party, Participants, Initiation of criminal case, Guarantees, Law, Access to justice, Criminal procedure
Reference:
Utyashov E..
Protection of private sphere of public relations in the conditions of martial law
// Law and Politics.
2017. № 4.
P. 124-132.
DOI: 10.7256/2454-0706.2017.4.43056 URL: https://en.nbpublish.com/library_read_article.php?id=43056
Abstract:
This research is dedicated to legal regulation of the sphere of private interests preserved in the conditions of legal regime of the martial law. Comparative analysis demonstrates the need for protecting the private sphere of public relations in terms of the market economy, and primarily private property. Shifting the restrictive measures that existed in Soviet legislation onto the current reality is not fully possible due to the obligation to protect the interests of private sphere of social life, which has not been acknowledged in Soviet State. Examination of stipulated by the federal constitutional law “On Martial Law” limitations of economic rights of the citizens and legal entities, demonstrates its imperfection in part of reimbursement of cost of property value to the owners, compensation of losses to the employers in involving of their employees in other jobs, etc. Search for the balance between public and private law in the conditions of martial law allowed formulating the principle of proportionality in limitation of rights that imposes the inadmissibility of excessive legislative limitation of private sphere by establishing the boundaries of “interference” within it under various possible options of development of an armed conflict. The author underlines the need for determination the types of restrictive measures in various circumstances of an armed conflict, as well as identifies the gaps and collisions in legal regulation of the martial law.
Keywords:
boundaries, balance, protection of property, Inadmissibility of limitation of rights, area of private interests, martial law , limitation of rights, public, private law, proportionality
Reference:
Antsiferov N.V..
Realization of public authority directly by people: questions of constitutionally substantiated boundaries
// Law and Politics.
2017. № 4.
P. 133-145.
DOI: 10.7256/2454-0706.2017.4.43069 URL: https://en.nbpublish.com/library_read_article.php?id=43069
Abstract:
This article is dedicated to the aspects of legal status of people as subject of public authority in logic of the Russian Constitution. The author examines the questions of structure of such status, possibilities and grounds for limitations (boundaries) in realization of authority directly by people, including in the context of referendum, determination of personal composition of the government authority agencies, and correlation of various forms of direct democracy. The article analyzes the constitutional positions, practice of the Constitutional Court of the Russian Federation pertaining to the boundaries of realization of authority by people. Attention is turned to the corresponding norms of the constitutions of foreign states. The author comes to a conclusion that the efficient realization of the constitutionally specified goals of public authority that requires a careful adjustment of its mechanism does not exclude certain level of self-restraint of people in realization of authority in one or another form (including directly). At the same time, for the conclusion on presence of corresponding limitations, it is necessary to establish concrete constitutional legal bases. In worst case scenario, the constitutional organizational principle of the Russian State – status of people as the sole source of authority – is practically refuted.
Keywords:
Boundaries of authority, Recall , Elections, Referendum, Representative democracy, Direct democracy, Democracy, Constitution, Authority, People
Reference:
Shakhbazian S.V..
Humanization and liberalization of the criminal legislation of the Russian Federation
// Law and Politics.
2017. № 3.
P. 96-102.
DOI: 10.7256/2454-0706.2017.3.43019 URL: https://en.nbpublish.com/library_read_article.php?id=43019
Abstract:
This article examines the provisions of the Federal Law N 323-FZ " On amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation concerning the grounds and procedure of exemption from criminal liability " in terms of amending the Criminal Code of the Russian Federation regarding the decriminalization of battery and failure to pay alimony or child support, establishment of criminal liability for minor larceny (Article 158.1), as well as introduction of such ground for exemption from the criminal responsibility as release from criminal responsibility with the court fine (Article 76.2). The scientific novelty consists in comprehensive study of the provisions of the new federal law in part of making amendments into the Criminal Code. Analyzing the new law, the author focuses attention on its positive, as well as negative aspects, as well as expresses a number of remarks pertaining to further improvement of the criminal legislation.
Keywords:
criminal responsibility, administrative responsibility, liberalization, humanization, decriminalization, minor larceny, battery, Criminal Code, Supreme Court, punishment
Reference:
Litovkina M.I..
Positions on health in constitutional acts of the ASEAN member-states: comparative legal assessment
// Law and Politics.
2017. № 3.
P. 103-115.
DOI: 10.7256/2454-0706.2017.3.43034 URL: https://en.nbpublish.com/library_read_article.php?id=43034
Abstract:
The object of this article is the process of constitutionalization of the positions of health in the countries of the Association of Southeast Asian Nations (ASEAN), the comparative analysis of which is provided with consideration of its evolutionary character, in tight interconnection with the development of healthcare systems, as well as the level of funding of healthcare system. Within the framework of examination of the topic, the author reviews the constitutional acts of the ASEAN member-state, which enshrine the positions on health in form of the right to health and socioeconomic goal; as variations of social support of the vulnerable groups of population or legislative limitations of certain rights and freedoms necessary for protecting the public health from various threats. It is noted that on one hand, the question of ensuring the individual and public health represents a permanent task for any state, which should be resolved without considering the fixation of the corresponding positions in normative material, but nevertheless, using a significant amount of economic resources. On the other hand, population of any country, even in case of substantial state and private investments into the healthcare, cannot count on the complete freedom of diseases regardless the constitutionalization of positions on health and medical aid. But despite this, the process of consolidation of the positions on health in constitutional acts of various states can be considered a positive trend. In turn, the latter leads to emergence of responsibility of the states to recognize and abide alongside the possibility of the rightsholders to protect the rights associated with restoration and support of health; testifies to formation of the vector of development of legislation that regulates the sphere of healthcare; as well as allows the states to create their own concept of dynamic development of this sphere and establish a complex of responsibilities in the area of health protection based on the accessible financial resources.
Keywords:
Disease, Gross-National Product, Healthcare expenditure, Healthcare system, Medical services, Medical aid, State, Highest attainable standard of health, Constitutional acts, Right to health