National Cultural Autonomy in Russia: A Case of Symbolic Law

2010 ◽  
Vol 35 (1) ◽  
pp. 27-57 ◽  
Author(s):  
Alexander Osipov
Keyword(s):  
Nongovernmental Organizations ◽  
Ethnic Diversity ◽  
Legal Regulation ◽  
Federal Law ◽  
Instrumental Value ◽  
Cultural Autonomy ◽  
Political Principle ◽  
The Law ◽  
Point Of Departure ◽  
The Way

AbstractIn this article, the author discusses the Russian experience in utilizing the no- tion of non-territorial, or 'national cultural', autonomy for the management of ethnic diversity. The term 'national-cultural autonomy' can be used to mean several things, including a right, a political principle, and a specific type of organization. The author assumes that such notions as autonomy, ethnicity, group, and culture should not be reified, and must be regarded as practical categories with shifting meanings and implications; he also emphasizes the need to distinguish between symbolic and instrumental law. The point of departure is the disjuncture between the high symbolic status and negligible instrumental value of national-cultural autonomy in Russia. The author provides an overview of the Russian legislation on nongovernmental organizations, of the 1996 Federal Law on National-Cultural Autonomy, and of other legislation incorporating the notion of national-cultural autonomy. He concludes that NCAs, which are legally defined as NGOs, face a number of disadvantages vis-à-vis other types of NGOs. National-cultural autonomy also should not be seen as a political tool, since no efforts have been made to implement the goals declared or implied in the law or in official statements. In the meantime, the idea of national-cultural autonomy is highly valued, and the number of NCAs in Russia has been growing over the years. The author concludes that the very issue of national-cultural autonomy in Russia should not be regarded in terms of the law and legal regulation; rather, it must be seen in terms of symbolism. The idea of national-cultural autonomy is a component of the Russian public consensus on the way ethnic diversity should be described and managed.

Trends in the Legislation of the Russian Federation in the Sphere of Regulated Procurements

2016 ◽  
Vol 4 (9) ◽  
pp. 0-0 ◽  
Author(s):  
Ольга Беляева ◽  
Olga Byelyayeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
Specific Group ◽  
Uniform Law ◽  
The Russian Federation ◽  
The Law ◽  
Legal Entities ◽  
The Way

The article contains the analysis of the Russian legislation on regulated purchases during the period starting the year 2012. It contains substantiated civil nature of purchasing relations, the circle of people whose purchasing activities are subordinated to the effects of legislation regulating the contractual system and to the Federal law “Of purchase of goods, works and services by certain types of legal entities”. The author traces the trends that are relevant to the development of legislation on purchasing practices. Specially outlined is the trend of extrapolation of the law when this law has no specific group of participants to regulate, and the tendency of creating “the purchasing code”, in other words, to eliminate differentiated legal regulation and to establish common purchase standards to be applied to the whole of contract system. The article describes the possible pending changes in the contract legislation. Also, an attempt is made to assess the effectiveness of the regulated procurements legislation which helps to identify problem areas such as distortions in the meaning of the law the way it is interpreted in by-laws, existence of legal gaps and collisions, lack of uniform law-enforcement standards.

DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW

2021 ◽  
pp. 208-224
Author(s):  
Julia S. Kharitonova ◽  
◽  
Larisa V. Sannikova ◽  
Keyword(s):  
Public Relations ◽  
The United States ◽  
Legal Regulation ◽  
Private Law ◽  
Property Relations ◽  
The World ◽  
The Law ◽  
Private Investors ◽  
The Way

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

scholarly journals Z problematyki zakazu reformationis in peius w postępowaniu sądowoadministracyjnym

2019 ◽  
pp. 123-157
Author(s):  
Agnieszka Ciesielska
Keyword(s):  
Legal Regulation ◽  
Administrative Authority ◽  
The Public ◽  
Diffi Cult ◽  
Legal Situation ◽  
The Law ◽  
Administrative Courts ◽  
Court Proceedings ◽  
The Way

The principle of prohibition of reformatio in peius is established in Article 134 § 2 of the Law on Proceedings Before Administrative Courts. According to this provision the administrative court is not allowed to issue a decision to the detriment of the complainant. A judgment adverse to the complainant can be exceptionally issued but only if the court fi nds a violation of the law resulting in the annulment of the challenged act or action. This principle is a procedural institution which ensures that the complainant’s situation will not deteriorate due to the decision of the administrative court. There are many interpretative doubts concerning the prohibition of reformatio in peius in the doctrine and the jurisdiction of the administrative courts. This is because administrative courts very rarely issue a decision on the merits. Decisions of administrative courts are basically of cassation nature. When the administrative court allows a complaint, the contested act is generally eliminated from the system of law and the case is returned for re-examination by the public administrative authority. It is therefore very diffi cult to determine the content of the prohibition of reformatio in peius in administrative court proceedings and in practice the prohibition of a change for the worse is not a real guarantee of the protection of the interests of the complainant. In the author’s opinion, the way of approaching the mechanism of application of the prohibition of reformatio in peius by the administrative courts needs to be changed. And yet, a signifi cant improvement in the eff ectiveness of the protection against the worsening of the complainant’s legal situation will only be possible through the introduction of a new legal regulation restricting the jurisdiction of public administrative authority, which will reconsider the case after the cassation judgment issued by the administrative court.

scholarly journals The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  
Keyword(s):  
Russian Federation ◽  
Police Officers ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
The Right

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

Implementation of the Law on Responsible Treatment of Animals: from the quality of norms to effective law enforcement

2021 ◽  
Author(s):  
V. Avhadeev ◽  
L. Bitkova ◽  
C. Bogolyubov ◽  
I. Bondarchuk ◽  
A. Vinokurov ◽  
...  
Keyword(s):  
Social Relations ◽  
Animal Rights ◽  
Legal Regulation ◽  
Federal Law ◽  
Law Schools ◽  
Animal Shelters ◽  
State Supervision ◽  
Wide Range ◽  
The Law

The collection contains articles on the quality of the conceptual apparatus and terminology of Federal Law No. 498-FZ of December 27, 2018 "On Responsible Treatment of Animals and on Amendments to Certain Legislative Acts of the Russian Federation", the subject of its legal regulation, the effectiveness of the mechanism for its implementation laid down in the law, state supervision and public control in the field of animal treatment. The problems of organizing the activities of animal shelters without owners, protecting animals from abuse and responsibility for such offenses, directions and ways to improve Federal Law No. 498-FZ and the practice of its application are also highlighted. Attention is paid not only to modern, but also to historical, international and foreign experience of legal regulation of the considered social relations, norms-requirements, restrictions and prohibitions in the field of keeping and using animals, moral and ethical aspects of interaction between people and animals, which emphasizes the complex and interdisciplinary nature of the presented research. The publication is addressed to lawyers-scientists and practitioners, subjects of the law of legislative initiative, employees of state authorities and local self-government bodies directly involved in the application of the norms of Federal Law No. 498-FZ, employees of various organizations engaged in the maintenance, use and protection of animals, animal rights activists, students and postgraduates of law schools, as well as a wide range of readers interested in this issue.

scholarly journals Exemption of a joint stock company from the obligation to provide information to a shareholder.

2020 ◽  
Vol 4 (3) ◽  
pp. 103-122
Author(s):  
Andrey V. Gabov
Keyword(s):  
Information Exchange ◽  
Legal Regulation ◽  
Joint Stock Company ◽  
Federal Law ◽  
Stock Company ◽  
Research Issues ◽  
The Law ◽  
Right To Information ◽  
The Right ◽  
To Receive

The subject of research. Issues concerning the exercise of the right of shareholders to receive information are analyzed. The focus is on the issues of exemption of a joint-stock company from providing information. The development of the institute of the information provision to shareholders by joint stock companies are consistently analyzed. The main trends in the development of this institute are shown: gradually narrowing the ability of shareholders to exercise their right to receive information through such means as restriction, differentiation and exemption from providing information. Special emphasis is placed on the institute of exemption from providing information. The purpose of the article is to show the main drawbacks of the existing model of exemption of a joint-stock company from the obligation to provide information to shareholders and to formulate directions for the development of legislation. The author's main scientific hypothesis can be summarized as follows. The Federal law «On joint-stock companies» contained an initial defect in the description of information exchange between a shareholder and a joint-stock company. The shareholder's right to information was not described, in fact, it was «embedded» in the obligation of the joint-stock company to provide information. The subsequent changes to the law resulted in a narrowing of the rights of the shareholder, practically depriving the minority shareholder of the right to information. This defect has led to significant legal uncertainty when the joint-stock company exercises its right to be exempt from providing information. This uncertainty should be eliminated, because the regulatory goals for granting joint-stock companies an exemption from the obligation to provide information to shareholders (article 92.2 of the Federal law «On joint-stock companies» that counters sanctions pressure) are absolutely correct. At the same time, some of the grounds for exemption from the obligation to provide information to shareholders (article 92.1 of the Federal law «On joint-stock companies») must either be excluded or reformulated. The author notes the complete «break» between the current regulation and the ideas about information exchange between a shareholder and a joint-stock company, that initially inspired the creation of the law on joint-stock companies. The inclusion of sanctions in the law on joint - stock companies as a factor affecting the performance by a joint-stock company of its obligation to provide information to shareholders should be fully welcomed. However, the legal and technical design of the corresponding political and legal idea cannot be considered optimal. In this part, the legislation requires a complete renovation based on the principle of balancing constitutional values and the interests of the state, majority and minority shareholders. Description of research methodology. The research is based on a systematic analysis, as well as the interpretation of Russian legislation and doctrine. Information about the main scientific results. The development of legislation on joint-stock companies in terms of providing information is shown. It is shown that if legislator taking into account sanctions when regulating the obligation of a joint-stock company to provide information, the goals of legislative regulation fully comply with constitutional principles, but specific legal decisions cannot be considered optimal. Conclusions. It is concluded that development of legislation on joint-stock companies has led to a significant restriction of the ability of shareholders to receive information. The author formulated the priority of regulatory goals in countering sanctions pressure and offered specific directions for improving legal regulation.

scholarly journals Main Trends in the Development of Russian Law on Non-Profit Organizations

2020 ◽  
Vol 7 (3) ◽  
pp. 81-103
Author(s):  
A. Avtonomov ◽  
V. Grib
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Federal Law ◽  
Non Profit ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Government ◽  
The Right

The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation. The main stages of the development of the law on non-profits both at the federal level and at the level of the constituent entities of the Russian Federation, as well as the main trends in the development of non-profit law in modern Russia, are explored.

scholarly journals Die Woord in die werklikheid Wetenskapsteoretiese perspektiewe op Diakoniologie

1995 ◽  
Vol 29 (1/2) ◽  
Author(s):  
C. J. H. Venter
Keyword(s):  
Practical Theology ◽  
Scientific Research ◽  
Field Of Study ◽  
Basic Issue ◽  
The Law ◽  
Point Of Departure ◽  
The Way

The basic issue dealt with in this article is the investigation and interpretation of data to found Diaconiology/Practical Theology from the view of the Science of Epistemology. To accomplish this aim, attention is paid to the field of study of theology in general and Dia­coniology in particular. Dooyeweerd’s Philosophy of the Law is critically analysed and the results utilized to select foundational views applicable to Diaconiology. In conclusion attention is focused on the way in which scientific research should be conducted in Diaconiology according to the point of departure highlighted in this article.

Certification as a Way to Assess Teachers’ Qualification: Legal Regulation Issues

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Lyubov Egoshina
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Clear Definition ◽  
Federal Law ◽  
Professional Skills ◽  
The Russian Federation ◽  
The Way

This article investigates legal acts, both federal and bylaws (regional, municipal, local) that regulate teachers’ certification. The author points out a number of problems in legal regulation of certification of these employees. One of the problems concerning teachers’ qualification is the way how to carry it out. The current legislation does not provide clear definition for that. The article analyzes the draft federal law “On Amendments to the Labor Code of the Russian Federation”, which proposes to include a new chapter on the evaluation of employees’ skills. The draft law is aimed at forming a mechanism for evaluating employees’ professional skills that is carried out in two forms: certification (held by employers) and certification of employees’ skills (held by other organizations granted with the relevant authority in the prescribed manner). The author proposes solutions to address the gaps in the draft law.

scholarly journals State-confessional relations in their practical expression in Ukraine

2013 ◽  
pp. 62-74 ◽  
Author(s):  
Oleksandr N. Sagan
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Freedom Of Conscience ◽  
Constant Attention ◽  
The Law ◽  
The Right ◽  
The Church ◽  
The Way

The position of the state (its leaders and authorities) regarding the Church, the peculiarities of the established state-church relations greatly influence the nature of the development of church institutions and the level of religiousness of the population, as well as ensuring the right of citizens to freedom of conscience. Consequently, the development of a legal democratic Ukraine is impossible without constant attention of state bodies to the issue of guaranteeing freedom of conscience and religion, the state of which is currently dependent on their constitutional and legal regulation and the existence of a holistic mechanism for guaranteeing the said freedom, as well as from the way of monitoring and responding to violations of the law.

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