The Legal Regulation of Religious Groups

Legal Theory ◽  
1996 ◽  
Vol 2 (1) ◽  
pp. 33-62 ◽  
Author(s):  
Eric A. Posner
Keyword(s):  
Legal Regulation ◽  
State Regulation ◽  
Religious Organization ◽  
Religious Behavior ◽  
Religious Groups ◽  
Legal Scholarship ◽  
Collective Goods ◽  
Constitutional Constraints ◽  
Tax Benefits ◽  
The U.S

Although much legal scholarship discusses the meaning of the religion clauses of the U.S. Constitution, very few articles analyze the ways in which state regulation affects actors' incentives to engage in religious behavior. Yet the question of how a law influences religious behavior is important for determining whether various laws are desirable, and whether they violate constitutional constraints. This article draws on recent economic models of religious organization to analyze the ways in which laws affect the behavior of religious groups. Religious groups produce collective goods for their members, and the effect of laws can be analyzed by examining how they modify the payoffs members receive for cooperating or free riding. The article examines the use of laws to establish religious groups, to subsidize them with cash or tax benefits, to provide accommodations for them, to provide symbolic support for them, to provide secular substitutes for the collective goods they produce, and to regulate disputes between members. The article also briefly discusses the constitutional implications of the analysis.

Characteristics of Legislation on Legal Relations of Information Dissemination

2020 ◽  
pp. 18-23
Keyword(s):  
Social Relations ◽  
Information Dissemination ◽  
Legal Regulation ◽  
Legal Scholarship ◽  
Legal Norms

Information and telecommunication technologies have radically changed all social relations. This required corresponding changes in the information legislation. System of legal norms regulating information relations has been updated and increased. However, this changes did not improve legal regulation of information relations. Scientists emphasize that imperfection of information legislation depends on inadequacy of legal norms. Legal scholarship discover different defects of legal norms: antilogy, deficiency of law, inadequacy in logic, duplications and declarativity of norms. Legislation on information dissemination is also characterized by these defects. They entailed problems of application by the courts. Scientific immaturity of legal regulation of information relations is noted. The necessity for creating special legal act, which will regulate relations on information dissemination, is justified.

Some Issues in the Work of Probation Inspectorates Related to the Execution of Sentences in the Form of Correctional Labor

2021 ◽  
Vol 15 (1) ◽  
pp. 185-193
Author(s):  
LEONID N. TARABUEV
Keyword(s):  
Current Practice ◽  
Legal Regulation ◽  
Expert Assessment ◽  
Work Related ◽  
Legal Method ◽  
Knowledge Questionnaire ◽  
Regional State ◽  
Tax Benefits ◽  
Legal Mechanism ◽  
Official Data

Introduction: we usethe analysis of official data and the results of our own research to identifymajor issues in the work ofprobation inspectorates aimed at executing penalties in the form of correctional labor. Aim: taking into account current practice of execution of punishment in the form of correctional labor, we formulate some organizational and legal proposals for supporting the activities of probation inspetorates, aimed at improving the effectiveness of execution of this type of punishment. Methods: generalization, comparison, dialectical-materialistic theory of knowledge, questionnaire survey, expert assessment, statistical analysis, comparative-legal method. Results: our proposals for changing the current legislation will help to enhance the performance of probation inspectoratesin their work related to the execution of sentences in the form of correctional labor as a real and in-demand alternative to incarceration. Conclusions: main reasons for insufficient labor involvement of convicts sentenced to correctional worksare as follows: probation inspectorates and territorial bodies of the Federal Penitentiary Service of Russia do not conduct effective preliminary work that wouldhelp to create favorableworkingconditions for the convicts in this category; cooperation of probation inspectorates with municipal authorities at various levels and with regional state authorities is at a low level; as a result, convicts cannot be brought to work in full; there is no legal mechanism to encourage employers to provide jobs to convicts; regional state authorities have yet to introduce appropriate changes to regional legislation so as to reduce the tax on profits of enterprises and organizations that provide jobs for those sentenced to correctional labor; probation inspectorates staff lack initiative with regard to employment quotas in institutions where prisoners work; the personality of a convicted person who is prone to committing crimes and other offenses has not been studied thoroughly. It is obvious that there is a need to develop a mechanism for legal regulation of the functioning of probation inspectorates in the field of execution of sentences in the form of correctional labor. Keywords: probation inspectorate; correctional labor; convict; engagement in labor; quotas; tax benefits; interaction.

LEGAL REGULATION OF CRYPTOCURRENCY MINING

2020 ◽  
pp. 13-20
Author(s):  
Pavel Samolysov ◽  
◽  
◽  
Keyword(s):  
Russian Federation ◽  
Reliability And Validity ◽  
Legal Regulation ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Mining Equipment ◽  
Social Phenomena ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union

Purpose and objectives: analysis of legal regulation of cryptocurrency mining in the Russian Federation and abroad, identification of problems and gaps in this area and development of proposals aimed at their resolution. Scientific significance: the article reveals the current state and established doctrinal approaches to the legal regulation of cryptocurrency mining in Russia. For the first time, the necessity of strengthening and developing state regulation of mining is substantiated. The main attention in the article is paid to the system of legal regulation of the process of creating cryptocurrencies in the territory of the Russian Federation, taking into account the law of the Eurasian Economic Union. Methods: a dialectical approach to the cognition of social phenomena, allowing them to be analyzed in their historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal logical, comparative legal, sociological, which allowed the author to ensure the reliability and validity of the conclusions. Key findings: The legal vacuum in the regulation of mining acts as a serious inhibiting factor at the current stage of its improvement and often itself becomes an offense. At the same time, cryptocurrency mining is one of the new types of entrepreneurial activity, in connection with which in the near future it is necessary to introduce state regulation of cryptocurrency mining in the Russian Federation, for which it is necessary: to develop a law regulating the organization and implementation of the production of cryptocurrencies using cryptographic algorithms; to supplement the classifier of the main type of carried out economic activity with a new type of activity — mining; to create a unified electronic register of crypto farms operating on the territory of the Russian Federation; supplement the existing legislation of the Russian Federation and the Eurasian Economic Union with the norms regulating the import of mining equipment. Thus, the important results of the study are: the development of the problems posed, which for a long time remained outside the attention of specialists, as well as the significant novelty of the factual material introduced into circulation.

State Regulation of Agricultural Lending in Naddnieper Ukraine in the 19th - early 20th Centuries: Modern Scientific Discourse

2021 ◽  
pp. 76-88
Author(s):  
Volodymyr Zaichenko ◽  
◽  
Volodymyr Popov ◽  
Keyword(s):  
20Th Century ◽  
Agricultural Sector ◽  
Scientific Research ◽  
Legal Regulation ◽  
Scientific Discourse ◽  
State Regulation ◽  
Early 20Th Century ◽  
Entire Body ◽  
Scientific Problem ◽  
History Of

The purpose of the article is to consider the modern scientific discourse on agricultural lending in Naddnieper Ukraine in the second half of the 19th and early 20th centuries and to identify promising areas for further research on this issue. The authors used empirical and theoretical methods of scientific research in particular methods of analysis and synthesis, the method of scientific abstraction, and others characteristic methods of research on economic history to achieve this goal and implement the corresponding research tasks. In recent years, a body of diverse scientific research of historians, economists and lawyers has appeared in Ukraine in which these problems are considered. These works differ both in the depth of study of the problem of agricultural lending and in the range of studied issues. The entire body of works of modern Ukrainian scientists, which forms the modern scientific discourse on the history of agricultural lending in Naddnieper Ukraine in the second half of the 19th - early 20th century, consists of three groups including in particular : 1) research, which are devoted to outstanding economists and theorists of lending of the 19th - early 20th century; 2) works on the history of the Peasant and Noble banks, branches and offices of which operated on the territory of the Ukrainian governorates; 3) research of cooperative crediting. We are obliged to note that despite a significant amount of scientific research on the history of lending (including agricultural lending) in Naddnieper Ukraine in the second half of the 19th and beginning of the 20th century, today prevail works devoted only to certain aspects of this complex and important scientific problem, without proper cooperation between representatives of various branches of knowledge. In the authors' view, synectics that is scientific cooperation of representatives of various specialties: economists, historians and lawyers, should become promising in studying the history of agricultural lending in Naddnieper Ukraine in the second half of the 19th and early 20th centuries. It allows to solve such a complex scientific problem comprehensively and considering the economic component (determination of the most optimal scientifically grounded lending methods) and the historical as well as anthropological approach and the study of the legal regulation of credit relations. In our opinion, it is exactly the kind of approach, that allows not only to study the problem of the history of agricultural lending in Naddnieper Ukraine in the second half of the 19th and early 20th century comprehensively, but also to offer modern lenders a mechanism for developing balanced and affordable credit products that will stimulate the development of the agricultural sector and the economy of Ukraine as a whole.

scholarly journals Directions of Social and Economic Policy in the Context of the Development of Non-Standard Forms of Employment in the Russian Federation

2020 ◽  
Vol 16 (1) ◽  
pp. 21-32
Author(s):  
Vyacheslav N. Bobkov ◽  
Natalia V. Loktyukhina
Keyword(s):  
Economic Policy ◽  
Labour Market ◽  
Information And Communication Technologies ◽  
Consumer Preferences ◽  
Labour Productivity ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Informal Employment ◽  
Precarious Work

The Object of the Study. Informal employment in Russia, factors affecting the development of informal employment. The Subject of the Study. Socio-economic policy in connection with the development of non-standard forms of employment in Russia. The Purpose of the Study. Developing of proposals for the transformation of socioeconomic policy in the context of the development of non-standard forms of employment in Russia. The Main Provisions of the Article. The main factors influencing the development of non-standard forms of employment are: the development of information and communication technologies and robotics, changing consumer preferences, demographic factors, changing the quality of the workforce, institutional factors, globalization. The proposals on the directions of socioeconomic policy, necessary for a positive impact on the situation with the state and development of precarious work in Russia are substantiated. The objective of such a policy in terms of precarious work is to reduce (reduce to “no”) its risks, expand positive opportunities for the parties to labour relations and society as a whole in the context of the development of the ICT and robotization. Measures are proposed in the field of the “lifelong learning” program, state regulation of the labour market (including in terms of improving the activities of state and non-state employment services, unemployment benefits, electronic personnel management), the development of a social partnership system (primarily in terms of improving activities of trade unions), the development of external institutions affecting the labour market and employment (Tax policy, Informing on the state of legal regulation labor relations). It is advisable to update the National Project “Labour Productivity and Employment Support”, providing for the whole range of issues of promoting productive employment, due to the development of its non-standard precarized forms.

scholarly journals Legal regulation of the digitalization process of Ukrainian archive space

2021 ◽  
pp. 79-88
Author(s):  
D. Vasylenko ◽  
L. Butko
Keyword(s):  
Legal Regulation ◽  
General Concept ◽  
State Regulation ◽  
Digital Format ◽  
Analysis And Synthesis ◽  
Scientific Principles ◽  
Systematic Development ◽  
The Creation ◽  
Theoretical Foundations ◽  
State Regional

The problem statement. Archival sphere can fit organically into the general concept of digital transformation of Ukraine’s economy. The creation of digital format of archival institutions should be based on identical branch standards and rules for the creation, preserving, accounting, description, using of digital copies in order to ensure a single collaboration algorithm between state, regional and municipal authority levels. The purpose of the research is to analyze the new trends of the management system of the archival sphere from the perspective of regulatory support for the implementation of digitalization tools of Ukrainian archival institutions. The methodology. To resolve the tasks of the research were used traditional complex of common scientific principles (determinism, imaging, unity of opposites) and methods (analysis and synthesis, systematic and structural, questionnaire, content-analysis, observation, statistical). The results. The article analyzes the legal tools as an element of state regulation of digitalization of the Ukrainian archival space. The results of the study were confirmed by a sociological survey on the topic “Do we need to adjust the regulatory basis the archival branch to the digitalization contexts?”. The scientific novelty of the research is to develop the theoretical foundations in the branch of archival sphere management due to context of regulatory support for provision of digitalization issue, including methods of analysis, synthesis and systematization, to generate the problem of introducing the modernizational legislation to manage the digitalization of archival sphere. Conclusions. It is reviewed in the research the influence of the state regulation on the task of systematic development of Ukrainian branch standards and other legal documentation, which is created to regulate the requirements of creation, accounting, preserving, and use of electronic document copies, as well as the collaboration between the archival institutions with stakeholders within a single online platform.

scholarly journals ON THE PROBLEM OF THE RELATIONSHIP BETWEEN SECULARISM AND RELIGIOSITY

Adam alemi ◽  
2021 ◽  
Vol 90 (4) ◽  
pp. 173-180
Author(s):  
D. Kussainov ◽  
◽  
M. Nurov ◽  
Keyword(s):  
Religious Life ◽  
Religious Organization ◽  
Religious Behavior ◽  
Ethical Assessment ◽  
Scope Of Application ◽  
Qualitative State ◽  
And Behavior ◽  
The Relationship ◽  
Contextual Meaning

The purpose of the article is to study the relationship between secularism and religiosity, to reveal the internal structure of their contextual meaning. The first part of the article examines the place of the principle of secularism in the system of spiritual and religious values. Secularization, secular, and references to secularization in most cases may be unclear. Currently, there is no easy way to standardize each term by associating it with only one concept. But the fact that different terms have a single linguistic root should not hide that they work in different conceptual frameworks with different histories. Although they sometimes inform each other, we must distinguish between the scope of application, such as a reference to temporary life or secular life, Constitutions that separate religion from politics, and the possible collapse of religion. The second part reveals the place of the concept of religiosity in the system of philosophical knowledge. The inconsistency and multilevel nature of religious life can be traced from the earliest time, primarily in religious analysis. The problem of determining the qualitative state of a believing person, aspirations, values, optimality of human behavior is reflected in this ideological scientific search for determining her religiosity, classification of types religion, religious behavior. Therefore, to date, the authors have not been able to avoid, firstly, an ethical assessment of the situations under consideration, and secondly, not to link the analysis conducted with the tasks and activities of a religious organization. The problem of religiosity in the consciousness and behavior of people, radical changes took place in society, which led to the emergence of new religious trends and changes in traditional trends. The terms denoting the main phenomena in religious life have undergone changes following religious life.

scholarly journals MINING AND BUSINESS ACTIVITIES: IN SEARCH OF THE BALANCE

2019 ◽  
pp. 73-82 ◽  
Author(s):  
I. V. Ershova ◽  
E. V. Trofimova
Keyword(s):  
Legal Regulation ◽  
Digital Economy ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Advantages And Disadvantages ◽  
Layer Cake ◽  
Blockchain Technology ◽  
Private And Public ◽  
The Republic ◽  
Definition Of

The article reveals the content and outlines approaches to the definition of the legal nature of mining. Attention is drawn to the necessity of legal regulation of this activity, which is predetermined by the Federal Program «Digital Economy of the Russian Federation» — a project that provides for normative regulation of the digital environment. In order to support the mission to eliminate digital illiteracy, which is also envisaged in the National Program, the author elucidates the etymology and meaning of the term «mining» and considers various doctrinal interpretations of this concept. The paper presents such analogies of the blochchain technology as the public ledger, DNA, and a layer-cake for a better understanding of the blockchain technology that is associated with mining. Material-technical and organizational foundations of mining are revealed. The author demonstrates advantages and disadvantages of solo mining, pool mining, and cloud mining. The results of comparative monitoring of the attitude to the recognition of cryptocurrency as a means of payment are presented. Attention is drawn to the liberal legal regulation of blockchain technology and mining under the laws of the Republic of Belarus. The paper determines the stages of a law-making process aimed at legal support of mining in Russia. Based on the results of comparison of concepts of entrepreneurial activity and mining, it is concluded that mining represents one of new types of entrepreneurship brought to life due to the needs of digital economy. The author suggests thatmining participants be recognized as self-employed persons. It is noted that the entrepreneurial nature of mining arises questions concerning measures of its state regulation which is difficult within the framework of the existing paradigm, but should be built on the basis of a balance between private and public interests.

scholarly journals Improvement of legal regulation of foreign economic transactions in the Republic of Uzbekistan

2020 ◽  
Vol 1 (2) ◽  
pp. 94-104
Author(s):  
Dilfuza Imamova
Keyword(s):  
Foreign Currency ◽  
Legal Regulation ◽  
State Regulation ◽  
Applicable Law ◽  
Arbitration Clause ◽  
Commercial Enterprise ◽  
The Republic ◽  
Contract Language ◽  
Definition Of ◽  
Economic Transaction

The article deals with issues related to improving the legal regulation of foreign economic transactions in the Republic of Uzbekistan. It is determined that foreign economic transaction is a transaction in which one party is a foreign company or a commercial enterprise located in another state, the trade focused on the import or export abroad and to use in settlements with counterparty foreign currency. It was found out that some types of foreign economic transactions are not reflected in the national legislation of the Republic of Uzbekistan, namely distribute and forfeiting contracts. The article notes that there are various problems associated with the incorrect formation of the terms of foreign economic transactions, their content and requirements, in particular when reflecting the applicable law, the arbitration clause, determining the advantages of the contract language, the application of non-state regulation. It is concluded that it is necessary to regulate the definition of applicable law in relation to certain types of foreign economic transactions that are not reflected in the Сivil code of the Republic of Uzbekistan, namely, in relation to distribution and forfeiting contracts, certain types of foreign economic transactions, internet auctions, internet contests or internet exchanges. Based on the study of foreign experience and scientific and theoretical views, ways to improve legislation in the field of settlement of certain types of foreign economic transactions were investigated. Based on the results of the analysis, relevant conclusions were drawn and proposals were developed for the current legislation.

scholarly journals LEGAL REGULATION OF WASTE MANAGEMENT IN UKRAINE AND THE EU

2020 ◽  
pp. 67-78
Author(s):  
Oleksandr Balobanov ◽  
◽  
Anastasiia Shparlo ◽  
Keyword(s):  
Waste Management ◽  
Negative Impact ◽  
Human Life ◽  
Legal Regulation ◽  
State Regulation ◽  
Regulatory Framework ◽  
Technical Equipment ◽  
European Legislation ◽  
European Standards ◽  
Maritime Infrastructure

Ensuring the environment is safe for human life and health is one of the vital goals of the entire world community. Seaports inevitably affect the atmosphere, hydrosphere and soil. The main source of environmental pollution are merchant ships, which produce the most danger for the marine environment. The solution to the problem of waste management should be carried out through the state regulation, which should take into account the national characteristics of the population and the positive experience of European legislation. The author notes that the effective functioning and development of seaports depends on a number of factors, including the level of their technological and technical equipment, development of maritime infrastructure, compliance of the management system with modern international requirements, provision of regulatory framework. The current legislation of Ukraine and the requirements of the European legislation in the field of waste management are considered and analyzed. Approaches to solving the global problem in the context of European integration are proposed, namely: creating the necessary regulatory framework to reduce ship waste and cargo residues into the sea, as well as preventing or limiting the negative impact of seaports on the environment and human health; creation of modern infrastructure. The lack of regulation has a direct impact on the environment, on the efficiency of not only the port and transport industry, but also the economy as a whole. The study aims to highlight a fundamental criterion − waste management in the ports of Ukraine. It is concluded that in Ukraine there is no clear organizational structure of waste management. The author concludes that it is necessary to use European standards for waste management in ports

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