scholarly journals Clarification and analysis of the concept of “legal reality”

2019 ◽  
Vol 135 ◽  
pp. 04061
Author(s):  
Victoria Lez’er ◽  
Nina Semeryanova ◽  
Elena Grigorovich
Keyword(s):  
Law Enforcement ◽  
Special Kind ◽  
Semantic Structure ◽  
Research Approach ◽  
Legal Practice ◽  
Symbolic Form ◽  
Scientific Methods ◽  
Cultural Interpretation ◽  
Legal Method ◽  
The World

The relevance of the study is determined by fundamentally different approaches to understanding the essence of legal reality, which creates practical issues of law enforcement. Legal reality is considered in the context of cultural interpretation of law, its role in the legal being of civil society is determined. The analysis of scientists’ worldviews on the problem of the category of “legal reality” allowed the authors to generalize global approaches and define this category as a special kind of being the kind of ideal being; its essence lies in the obligation, and this sphere constitutes the world of man as a person and the world of culture in general. This “being” has a semantic structure. The meanings of law are expressed in mental attitudes, ideas and theories, in the symbolic form of norms and institutions, in human actions and relationships, i.e. in various manifestations of legal reality. However, taking into account the rootedness of law in culture, one can say that the way of the existence of meanings is very multifaceted. According to the authors, clarification of the concept of “legal reality” is necessary to improve legal practice. The leading research approach includes such scientific methods as dialectics, analysis, synthesis, deduction and the formal legal method.

scholarly journals Problems of using certain unnamed ways to ensure fulfillment of obligations

2020 ◽  
Vol 164 ◽  
pp. 11027 ◽  
Author(s):  
Nina Semeryanova ◽  
Artem Tsirin ◽  
Sergey Matulis ◽  
Ibragim Ibragim
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Civil Law ◽  
Research Approach ◽  
Legal Basis ◽  
Scientific Methods ◽  
Legal Method ◽  
Current State ◽  
Legal Nature ◽  
Legal Structures

The relevance of the work lies in the fact that traditional ways of ensuring the fulfillment of obligations do not fully satisfy the needs of civil circulation, therefore, modern civil legislation needs more flexible legal structures. This situation encourages participants in civil turnover to search for alternative ways to ensure their property interests and is the main reason for emergence of unnamed ways to ensure fulfillment of obligations. The article defines the legal basis of such methods of ensuring fulfillment of obligations as a state (municipal) guarantee, security sale and fiduciary collateral, as well as their place in Russian legal system. Cases of application of these methods in practice are analyzed. The novelty of the study lies in assessing the current state of individual unnamed ways to ensure the fulfillment of obligations made on the basis of analysis of doctrine, legislation and law enforcement practice. Conclusions: Civil law, which offered participants of the obligation relations other ways to ensure the fulfillment of obligations, did not form sufficient criteria and provisions for their regulation. The main difficulties of law enforcers associated with unnamed ways of ensuring the fulfillment of obligations arise due to the lack of unity of opinion on their legal nature in the doctrine, which leads to the difficulty of their settlement and does not allow to occupy a proper niche in civil law. The leading research approach of the study includes such scientific methods as dialectics, analysis, synthesis, deduction, comparative legal and formal legal method.

scholarly journals Prevention of Harm to Children’s Health and Development by Information Distributed During Paid Quest Entertainment

Legal Concept ◽  
2020 ◽  
pp. 97-102
Author(s):  
Evgeniya Serbina
Keyword(s):  
Law Enforcement ◽  
Practical Implementation ◽  
Scientific Methods ◽  
Legal Method ◽  
Innovative Management ◽  
Health And Development ◽  
General Scientific ◽  
Age Limits ◽  
The Innovative Management ◽  
High Degree

Introduction: the present study shows a high degree of significance of the factor of information and psychological security of minors participating in quests, which is currently at a low level. The purpose of the study is to identify the main guidelines for improving the legal implementation in the field of the quest industry in terms of evolution of the law enforcement in the context of introducing the innovative management technologies. Methods: the methodological framework for the research is presented as general scientific methods, including dialectical, inductive, deductive, analytical, statistical methods, interviewing and questioning, as well as specific scientific methods, such as the formal legal method, the method of legal interpretation, the principle of evaluating legal processes, etc. Results: the paper considers the initiatives of the National Quest Association (NQA) on the criteria for setting the age limits for quests. The problems of practical implementation of restricting access of minors to information dangerous for their mental health and development are noted. Conclusions: it is proved that there is a need to strengthen the external industry control in the field of protecting children from information that harms their health and development, as well as to improve the administrative legislation in this area.

scholarly journals INSTITUTIONAL CAPACITY OF THE CUSTOMS SERVICE OF UKRAINE: LAW ENFORCEMENT ASPECT

2020 ◽  
pp. 87-97
Author(s):  
Valeriy KHOMA ◽  
Victor ZAIATS
Keyword(s):  
Law Enforcement ◽  
Synthesis Method ◽  
Institutional Capacity ◽  
Scientific Result ◽  
Scientific Methods ◽  
Cross Border ◽  
Operational Capabilities ◽  
Legal Foundation ◽  
The World ◽  
General Scientific

Introduction. The purpose of the customs authorities is to effectively protect society and ensure that appropriate taxes are levied, using, inter alia, the fight against cross-border crime. The way in which the customs carries out its law enforcement mission in combating the above offenses remains in the focus of discussions of the customs administrations – members of the World Customs Organization (hereinafter – WCO), of which Ukraine has been a member since 1992. As a result, there is a growing need for further customs enforcement research and improved, with the support of the WCO Secretariat, exchange of experience and a common approach that will allow customs administrations around the world to unify the methodology they use to identify and mitigate potential institutional risks. The purpose. The article covers the analysis of Ukraine’s own customs service methods and, possibly, taking measures to improve the existing national system, in particular, expanding its legal foundation (assistance to authority) and operational capabilities (options) on which state procedures and practices are based. Methods. In the course of the research, general scientific methods were used, in particular: analysis to determine the content of law enforcement powers of the Customs Service of Ukraine; comparison for the provisions of Ukrainian and international legislation regarding the institutional preconditions for law enforcement activities by national customs services. The synthesis method was used to formulate proposals on the need to improve the customs legislation of Ukraine. Results. The main scientific result of the article is to identify, related to the of customs affairs, shortcomings in the institutional capacity in the field of law enforcement of the Customs Service of Ukraine and determine the prospects for their further elimination. Particular attention is paid to the need to synchronize the provisions of Ukrainian legislation, both among themselves and with the relevant rules in force for Ukraine on customs matters, international agreements. Perspectives. Further research in this direction should be conducted on the basis of the formed theoretical justification of the law enforcement powers of the Customs Service of Ukraine, taking into account the levels of official interaction – departmental, interagency, international.

scholarly journals Digital Platformization in the Context of Industry 4.0: The Uncertainty of the Conceptual Framework

Legal Concept ◽  
2021 ◽  
pp. 33-42
Author(s):  
Denis Appazov ◽  
Yulia Tymchuk
Keyword(s):  
Law Enforcement ◽  
Structural Changes ◽  
Regulatory Framework ◽  
Legal Doctrine ◽  
Digital Platforms ◽  
Scientific Methods ◽  
Foreign Experience ◽  
Legal Method ◽  
Logical Method ◽  
Definition Of

Introduction: the paper analyzes the prospects for creating a regulatory framework for the digital platforms in Russia. The paper examines the existing approaches to the definition of “digital platform” in the legislation and legal doctrine, determines their role in the implementation of the state policy on building a digital economy, as well as the factors that led to their accelerated implementation in public administration. A critical analysis of the actions planned in the National plan that ensure the restoration of employment and income of the population, economic growth and long-term structural changes in the economy associated with digital platformization is carried out. The paper reveals the existing problems in the domestic law enforcement practice related to the functioning of the digital platforms in the context of legal uncertainty. The paper examines the foreign experience of the legislative regulation of digital platforms. Methods: in the study, the authors used both the general scientific methods (dialectical method of cognition, analysis, synthesis, formal logical method, prognostic method, etc.) and the specific scientific methods (formal legal method, method of legal interpretation, etc.). Results: the need to create a regulatory framework for the digital platforms in order to eliminate the identified problems of the law enforcement practice is justified. Conclusions: based on the results of the study and taking into account the analysis of the positive foreign experience, the authors’ definition of the concept of digital (online) platform is formulated, and the main directions for improving the domestic legislation regulating the activities of the digital platforms in Russia are determined.

scholarly journals Honorary rights and obligations: doctrine, practice, technology

2021 ◽  
Vol 2021 (1) ◽  
pp. 26-36
Author(s):  
Artem Rep'ev
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Doctrine ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Legal Obligations ◽  
Legal Position ◽  
Characteristic Features

The article is devoted to general theory analysis of legal categories «honorary rights» and « honorary obligations». The author puts forward and gives arguments to the hypothesis about the existence of a specific group of legal permissions and obligations which differ from other kinds of rights and legal obligations due to their peculiarities. Significant and informative consideration of «honorary rights» and «honorary obligations» both from the point of doctrine of law and historical and modern legislature as well as law enforcement practice was done. The purpose. To make up in the legal doctrine for the absence of complete idea of honorary rights and obligations as elements of the legal position of separate subjects having special legal status; reveal their characteristic features and define the risks conditioned to be abused. Methodology. Historical way of cognition, philological approach, empirical methods of comparison, descriptions, interpretations, theoretical methods of formal and dialectic logic; private-scientific methods, formal legal method, legal norms interpretation method. Results. Analysis of doctrinal sources of the Russian and International Law, jurisprudence historical landmarks, current normative legal acts, and law enforcement practice showed that honorary rights and obligations are of encouraging and stimulating nature, have an accessory character in relation to the basic opportunities and obligations of the subjects. On the basis of the establishing the elements of similarity and differentiation of honorary right with subjective right of the subject, honorary obligation with legal obligation on the whole, the aspects of their interactions and existing contradictions, an independent categorical and institutional character of honorary rights and obligations is proved, its specific qualities which differentiate it from adjacent legal phenomena are specified. Conclusion. It is necessary to strictly differentiate the understanding and realization of honorary rights and obligations in the system of legislature and law enforcement practice by means of unification and concretization of law provisions using encouraging and stimulating instrumentation, justified and minimum usage of assessment notions and components (prominent merits, prestige, authority, etc.) that serve as the basis for receiving honorary rights and obligations, improving the legal status of subjects with regard to other participants of relation. The steps taken should contribute not only to the increasing the efficiency of regulation of public relations through the system of legal encouragements, stimuli and advantages but decreasing discrimination and corruption risks, the opportunity of subjective discretion associated with granting similar additional opportunities.

scholarly journals Prevention of Bankruptcy of Industrial Enterprises and Organizations with State Participation

2020 ◽  
Vol 9 (4) ◽  
pp. 44-52
Author(s):  
E. V. Gavrilin ◽  
S. V. Khetagurov
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
System Development ◽  
Industrial Sector ◽  
Economic Security ◽  
Public Authorities ◽  
Scientific Methods ◽  
Industrial Enterprises ◽  
Legal Method ◽  
State Enterprises

The identification of cases of deliberate or fictitious bankruptcy of industrial sector organizations in the management of state enterprises and organizations is of great importance in ensuring economic security. The paper is devoted to the methodology of timely prevention of bankruptcy of state industrial enterprises and organizations and law enforcement practice in the field of bankruptcy. In the framework of risk management, the article analyzes the existing mechanisms for monitoring and identifying possible deterioration of financial and economic activity and the probability of bankruptcy of state industrial enterprises and organizations. The purpose of the work is to determine directions of the system development of combating unfair management decisions during the bankruptcy procedure, as well as the establishment of tools to prevent the bankruptcy of state industrial enterprises and organizations. There had been used the formal legal method in the paper, methods of complex and interdisciplinary analysis, as well as General scientific methods, including the dialectical method and the method of system analysis. As a result of the study, the main problems of law enforcement and managerial practice in detecting offenses during bankruptcy procedures are considered and the necessary areas of management and regulatory regulation are identified, an approach to identifying the threat of bankruptcy and implementing anti-crisis measures when managing state industrial enterprises and organizations is determined. The study may be of interest to public authorities in determining the methodological and regulatory framework, as well as strategies to improve the efficiency of management of state enterprises and organizations, and ensure economic security.

scholarly journals Implementation of Human Rights Values in Historical Learning in Educations

2020 ◽  
Vol 4 (4) ◽  
pp. 394
Author(s):  
Ahmad Ruslan ◽  
Abdul Syukur ◽  
Kurniawati Kurniawati
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Qualitative Method ◽  
Historical Event ◽  
Research Approach ◽  
Learning Needs ◽  
Human Rights Abuses ◽  
Academic Environments ◽  
Library Research ◽  
The World

Human rights abuses are the center of every country in the world, as they are the result of their dominance over the weak, or other things like ignorance, lack of law enforcement, etc. And so it is in the world of education, which ought to be a center of understanding and awareness of human rights, through history study. But rather often, human rights abuses come from academic environments such as schools and colleges. The study aims to analyze the implementation of human rights values in history study. The study uses a qualitative method with a library research approach, whereas the data-collecting technique is a document or documentary study instrument. These findings suggest that the study of history has affected the behavior of students that reflect the virtues of human consciousness. Human rights values such as equality and the ban of discrimination (nondiscrimination) are reflected in students after the historical learning process is done, it can be seen both inside and outside the equation. Thus history study alone has significant effects on students, such as mutual respect of opinion, upholding the values of tolerance, cooperation and so forth. The conclusion of the article is that the effectiveness of learning needs to be optimized so that the human rights reflected in every historical event are capable of being thoroughly analyzed and understood by learners, which are then a provision for students to live national and national.

scholarly journals Crime prevention in the field of computer technologies at the present stage in the Russian Federation: problems and ways to solve them

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 445-460
Author(s):  
Dina Viktorovna Alontseva ◽  
Olga Anatolyevna Lavrishcheva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Computer Crime ◽  
Present Stage ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Legal Method ◽  
Domestic Legislation ◽  
The Russian Federation

In the article, based on the analysis of existing approaches to the state and structure of computer crime in the Russian Federation, the authors formulated the concept of "computer crime", identified the key features of this type of crime; and also, based on the analysis of the causes and conditions of committing crimes in the field of high technologies, developed a set of special legal, ideological, managerial, organizational and forensic measures that are aimed at preventing and preventing computer crimes. Alontseva Dina Viktorovna; Lavrishcheva Olga Anatolyevna In the course of this research, the norms of international acts, domestic legislation, reports and statistics of law enforcement agencies of the Russian Federation and specialized organizations, materials of judicial practice were studied, as well as doctrinal sources on the topic of the work were analyzed. The authors used general methods of scientific cognition (dialectical, inductive, deductive), as well as private scientific methods used in the legal sciences-the method of comparative law and the formal legal method.

scholarly journals MEDIATION INSTITUTION: EXPERIENCES FROM COUNTRIES ACROSS THE WORLD

2019 ◽  
Vol 5 (1) ◽  
pp. 168
Author(s):  
Mykhailo Pitiulych ◽  
Iryna Nakonechna
Keyword(s):  
Dispute Resolution ◽  
European Countries ◽  
Main Task ◽  
Scientific Methods ◽  
Legal Method ◽  
Labour Dispute ◽  
The Us ◽  
The World ◽  
Analysis And Synthesis ◽  
The Subject

The aim of the article is to study the process of implementation of the institute of mediation in Ukraine and across the world. The subject of the study is mediation institution, analysed from scientific perspectives and on the basis of provisions of foreign and Ukrainian legislation. Methodology. The study is based on general scientific and special-scientific methods and techniques of scientific knowledge. The logical semantic method enabled to determine the content of the concepts of “mediation” and “labour dispute”. The comparative legal method enabled to compare the doctrinal approaches to this issue. The same method enabled to analyse the legislation on the subject matter in the US and leading European countries. The normative dogmatic method enabled to interpret the content of legal regulations of domestic and foreign legislation that regulate the issue of mediation. The systemstructural method enabled to identify the main differences of mediation from other ways of economic dispute resolution. Methods of analysis and synthesis enabled to identify the main purpose of mediation and the main task of a mediator, as well as the key advantages of this institution. The method of legal modelling enabled to develop proposals regarding this institution introduction in Ukrainian legislation. Practical implications. Studies on mediation institution in the US and leading European countries helped to develop recommendations for this institution introduction in Ukrainian legislation, as well as to identify issues requiring further consideration and research. Relevance/originality. The concepts of “mediation” and “greenmail” are defined. The main purpose of mediation and the main task of a mediator, as well as the key advantages of this institution, are identified. In Ukraine, in comparison with other countries, the indecisiveness and inconsistency of the actions of the domestic legislator are stated as the key problem of mediation institution. It is underlined that nowadays-Ukrainian society is ready for this institution’s introduction because mediation is the alternative way of dispute resolution, which enables to solve a number of social and economic problems.

scholarly journals International Cooperation of the Russian Federation in Health Care Amid the Pandemic

Legal Concept ◽  
2021 ◽  
pp. 100-107
Author(s):  
Natalia Platonova ◽  
◽  
Valeria Vargina ◽  
Keyword(s):  
Health Care ◽  
International Cooperation ◽  
Russian Federation ◽  
Research Process ◽  
World Health ◽  
Sociological Research ◽  
Scientific Methods ◽  
Legal Method ◽  
The World ◽  
The Russian Federation

Introduction: the current epidemiological situation in the world, characterized as a pandemic since March 11, 2020, has proved the importance of developing national health systems, and also emphasized the need to develop the channels of international cooperation in health care for joint operational measures to combat the spread of the virus. In this regard, the purpose of the study was to determine the prospects for the development of this area and the opportunities for improving the existing systems. Methods: the general scientific methods were used in the research process: logical, system-structural, complex, and functional, as well as the specific scientific methods in the form of the method of concrete-sociological research, the method of modeling, and the formal-legal method. Results: the paper considers the basics of the implementation of international cooperation of the Russian Federation in healthcare amid the pandemic: the differentiation of international cooperation formats is carried out, the legal bases of cooperation are analyzed, and the organization of interaction with the World Health Organization is studied. Justified in the work the trajectories of the development of international cooperation in healthcare are predicted. Conclusions: as a result of the study, it is established that the post-coronavirus era will be characterized by new priorities for cooperation. On the basis of the conducted research, a proposal was made to amend the Federal Law “On the Basics of Public Health Protection in the Russian Federation”, as well as the main recommendations for further implementation of international cooperation in healthcare.

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