Human and state
Reference:
Sherstneva A.V.
The social state in Russia and Belarus as a complex constitutional principle
// Law and Politics.
2024. ¹ 7.
P. 1-16.
DOI: 10.7256/2454-0706.2024.7.71163 EDN: WWCJCN URL: https://en.nbpublish.com/library_read_article.php?id=71163
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Abstract:
In the modern period, the Russian and Belarusian states have observed the development of social relations related to the implementation of the constitutional principle of a social state, as well as the consolidation of processes aimed at interaction and searching for a balance of interests and responsibilities in the social and economic spheres. The relevance of the topic is determined by the discussion on issues related to the definition of the concept and essence of a social state, the constitutional content of such principles and requirements of a social state as social justice, social equality, a decent standard of living, free development, mutual social responsibility, assessment of the influence of the practice of the constitutional courts of the Russian Federation and the Republic of Belarus for the development and implementation of the principle of a social state in the countries under consideration. It is concluded that the concept of a social state acts as a multidimensional characteristic of the state, reflecting, firstly, the conceptual focus of state policy on ensuring social protection of citizens based on the principles of social equality, social justice, ensuring a decent life, free development, as well as other principles and requirements, reflecting the social orientation of public authority, and, secondly, a model of relations between the state and the individual, functioning on the basis of mutual social and legal responsibility. The principle of a social state is a complex basic constitutional principle – a legal narrative that contains specific principles and requirements for the social nature of the state system and predetermines the system of social human rights and their guarantees, as well as the social responsibility of subjects of public legal relations.
Keywords:
free development, principle-demand, model of a social state, social responsibility, decent standard of living, social equality, social justice, principle of the social state, social state, narrative
Human and state
Reference:
Gorokhova S.S.
Formation of a state approach to the accumulation of human potential through the prism of the importance of education
// Law and Politics.
2024. ¹ 7.
P. 17-37.
DOI: 10.7256/2454-0706.2024.7.71121 EDN: USVVFB URL: https://en.nbpublish.com/library_read_article.php?id=71121
Abstract:
The subject of the research is a scientifically based concept of human development as the basis for the formation of a socially oriented state policy, as well as the idea of "human capital" derived from it. The paper pays attention to the historical aspects of the formation of the worldview approach under study. The issues of introducing the concept of "human potential" into the economic, political and legal environment of modern states are considered. The factors influencing the progressive development of human potential are investigated, with an emphasis on the role of education in this field in general, and higher education in particular. The article analyzes the specific features of the functioning of the modern educational environment of the Russian Federation, as well as factors influencing the process of integration of education, science and practice in Russia and in the world. Within the framework of the conducted research, the entire complex of formal and logical methods of cognition was used, statistical as well as comparative legal methods were used. The main conclusion of the study is to identify the need, justified by the current situation, for the formation of a new, scientifically based state approach to the accumulation of human potential of our state, formed through the prism of increasing the role of higher education institutions in the formation of both the human potential of the country as a whole and the individual human capital of each individual. The paper notes that higher education institutions, contributing to this capital in the form of high-quality education and scientific research, which is in demand in the realities of the innovative economy, become a key link in the formation of a reliable chain linking the success of the economy, the prosperity of the nation and the well-being of each member of society, which, ultimately, will overcome the existing ones at the present stage difficulties.
Keywords:
National security, qualification, higher education institution, higher education, the state approach, education, human capital, human potential, technological sovereignty, mentoring
Jurisprudence
Reference:
Bosyk O.I.
Shares owned by a limited liability company : grounds and consequences
// Law and Politics.
2024. ¹ 7.
P. 38-54.
DOI: 10.7256/2454-0706.2024.7.70991 EDN: UMDVMF URL: https://en.nbpublish.com/library_read_article.php?id=70991
Abstract:
The object of the study is the legal facts that lead to the emergence of rights to a share in the authorized capital of a limited liability company (hereinafter referred to as the company). The author examines the consequences of the appearance of a share owned by the company. The legislation provides for two types of shares in the authorized capital of the company, which can exist simultaneously. The first type arises as a result of payment by the participant of the authorized capital, which in return for the contributed property receives an indefinite right of participation. It is this right that is hidden behind the share owned by the participant. The second type has a derivative character and arises from the decisions of the supreme governing body or the behavior of the participant and belongs to the company throughout the year. The purpose of the work is to develop and construct new theoretical provisions on the grounds for the emergence and consequences of a share owned by the company. Research objectives: to determine the legal facts of the emergence of rights to a share in the authorized capital of the company, to systematize and classify the grounds for their occurrence and consequences. The following methods were used in conducting a study: permissive regulation, normativism, general contexts of a philosophical and legal nature and national law and order. The science of civil law is closely related to legal regulation, therefore, the doctrinal understanding of some constructions affects the consolidation of certain categories in the rule of law. This is exactly the category of the share owned by the company. It was found that the constructions associated with the transfer or acquisition by the company of rights to a share in its authorized capital are a legal fiction. The grounds for the emergence of a share owned by the company were classified, depending on the will of the latter: the first group consists of bilateral reimbursable transactions, and the second – two unilateral transactions. In both cases, the consequences are the same – the corporate legal relations arising from the right of participation and binding between the company and the participant are terminated. Three options for the sale of the share owned by the company were identified: the division of the former participant's right of participation among the remaining ones, sale to a predetermined buyer and repayment with a simultaneous decrease in the authorized capital and an increase in the size of the participants' shares while maintaining their nominal value.
Keywords:
the consequences, research, legislation, civil law, deal, limited liability company, management decisions, legal relations, a legal fact, share capital
State institutions and legal systems
Reference:
Gogeniia D.Z.
State responsibility for the massive violation of rights and freedoms : a comparative analysis of the experience of the United States of America and the Russian Federation
// Law and Politics.
2024. ¹ 7.
P. 55-66.
DOI: 10.7256/2454-0706.2024.7.71190 EDN: TZSOMO URL: https://en.nbpublish.com/library_read_article.php?id=71190
Abstract:
The subject of the study is the state responsibility in the form of compensation for harm, committed by massive violation of human rights and freedoms. The object of the study is the actual and historical forms of the state responsibility in the legal systems of the Russian Federation and the United States of America. The author examines in detail such aspects of the topic as: the implementation of state responsibility for the damage caused within the framework of private law (regular) and public law (emergency) mechanisms; law enforcement practice of the Russian Federation and the United States on issues of state compensation for harm; the practice of adopting "compensatory acts". Special attention is paid to the principle of sovereign immunity of the state, its historical origin and modern understanding, differences of its interpretation in the Russian Federation and the United States; identification of common features and differences in approaches to the institution of state compensation for harm in the two countries; proposals for improving national legislation in the context of the topic under consideration. Using a comparative method, the author illustrates the processes of formation of this institution in the studied legal systems, defines the differences between the institutions of compensation for "private law" and mass harm committed by the state. The legal research presented in the article allows to conclude that the established practice of implementing this institution has similar features in both studied states, which allows us to use each other's experience. The novelty of the study is justified by conducting a comparative study of state-sponsored compensation institutions in the Russian Federation and the United States with an emphasis on mass harm, which revealed a general trend towards the adoption of "compensatory acts", the purpose of which is to circumvent the judicial procedure for dispute settlement in such situations. A proposal was also formulated on the need to specify Russian legislation in the field of compensation for mass environmental damage, including through the introduction of compensatory mechanisms. The practical significance of the work lies in the possibility of using its results to improve legislation and law enforcement practice in the field of state compensation for mass harm.
Keywords:
Constitutional and legal responsibility, The U.S. Supreme Court, The Constitutional Court, State responsibility, Compensation for harm, The Constitution, Sovereign immunity, Compensatory acts, Environmental harm, Massive harm
Authority and management
Reference:
Lu X., Seltser D.G.
How to control an official? Personnel supervision in China (political aspect)
// Law and Politics.
2024. ¹ 7.
P. 67-81.
DOI: 10.7256/2454-0706.2024.7.71364 EDN: NSLSWI URL: https://en.nbpublish.com/library_read_article.php?id=71364
Abstract:
The purpose of the article is to determine the place of party supervision in the general course of political control of managerial personnel in the People's Republic of China. In the system of political control of personnel (selection, recruiting, upbringing, education, training, retraining, encouragement, punishment), supervision is the main political function of ensuring the quality and loyalty of a party and state official. The study is based on a wide range of documents of the CPC Central Committee and its supervisory bodies. As a result of the analysis, the authors find the origins of the Chinese surveillance scheme in the control systems “from above” (Yu Shi) and “from below” (Denwengu), but tend to talk about them more as archetypes, philosophy and political tasks of the top management class of the PRC. The authors see the substantial basis of supervision in a set of utilitarian forms of strategic and everyday attention to the work ethic, moral character and political dedication of an official. The authors' conclusions can be expressed as follows: party supervision is above the law; internal party control extends to all spheres of the life of the state and society; the “self-revolution of the party” presupposes its consistent significant improvement. Under Xi Jinping, there have been three major changes in China's surveillance system. Firstly, they are standardized: a) public discourse with the formation of an atmosphere of absolute intolerance to violations in society; b) internal documents of the CPC, extremely harsh against officials; c) legislation that prevents corruption. Secondly, the lifelong responsibility of an official for violations and crimes committed in the course of public service has been introduced (the statute of limitations has been abolished). Thirdly, the policy on corruption has been clarified – an extensive and multi-stage early warning system has been created.
Keywords:
democracy, Xi Jinping, fight against corruption, responsibility, the Communist Party of China, China, personnel policy, personnel processes, control, supervision
Theory
Reference:
Mustafina L.R.
Childhood as an interdisciplinary category in the system of socio-humanitarian and legal knowledge
// Law and Politics.
2024. ¹ 7.
P. 82-96.
DOI: 10.7256/2454-0706.2024.7.70250 EDN: NFOHXA URL: https://en.nbpublish.com/library_read_article.php?id=70250
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Abstract:
The article is devoted to the understanding of childhood as an interdisciplinary category and, in our opinion, is relevant. The subject of the study is the study of the childhood of representatives of the socio-humanitarian and legal sciences. The object of cognition is childhood and its comprehension in various fields of scientific knowledge. Moreover, thanks to interdisciplinary connections, complex conceptual and ideological foundations of its understanding are being developed, having several sections, each of which has its own functional purpose: philosophical, socio-philosophical, socio-demographic, pedagogical-psychological, socio-historical, sociological and legal. The author examines childhood in detail as a legal category designed to reflect the objective and necessary interrelations between phenomena and processes in the field of state and law. The constitutional framework of children's rights is the system of constitutional legislation in the Russian Federation. The methodological basis of the research was made up of general scientific dialectical, systemic, as well as universal methods of cognition. They allowed us to consider childhood in its interrelation and integrity in the system of humanitarian and social knowledge. The scientific novelty of the research lies in the fact that for the first time in the science of constitutional law, a comprehensive understanding of the constitutional and legal nature of childhood has been developed. Scientific developments on the problems of childhood are conducted in various fields of socio-humanitarian and legal knowledge, where considerable theoretical material has been accumulated. When revealing the content of childhood as an interdisciplinary category in the system of socio-humanitarian and legal knowledge, it was revealed that in almost all cases, the features of child protection as an independent constitutional and legal phenomenon were not the subject of independent theoretical study. Therefore, the presented research is necessary and is associated with the replenishment of scientific knowledge. Conclusions: in legal science, the study of childhood requires an integrated approach, which should combine various processes of personal qualities development in interaction with the state that are significant for the whole society.
Keywords:
The Constitution, children, legal research, the status of childhood, kid, a minor, interdisciplinary category, legal science, constitutional law, childhood