The contradictions of the legal and religious regulation of public relations

10.12737/2140 ◽  
2013 ◽  
Vol 1 (6) ◽  
pp. 299-309
Author(s):  
Павел Путилкин ◽  
Pavel Putilkin
Keyword(s):  
Public Relations ◽  
New Testament ◽  
Social Relations ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
The Bible

The article explores the contradictions of religious and legal regulation of social relations with the position of Orthodoxy. Revealed contradictions in criminal law, civil law, constitutional informational and other spheres of regulation. The current legislation is mapped with the Bible, New Testament, old Covenant. Special attention is paid to reasons of contradictions between law and religion.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 97-109
Author(s):  
V. P. Bodaevskiy
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Personnel ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Legal Regulation ◽  
Military Law ◽  
Definition Of ◽  
The Individual

Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.

scholarly journals Peculiarities of Civil Law Status of Customs Intermediary under the Legislation of Ukraine and the EU

2020 ◽  
pp. 226-233
Author(s):  
Dmytro SHUTIAK
Keyword(s):  
Public Relations ◽  
Economic Activity ◽  
National Level ◽  
Civil Law ◽  
Legal Regulation ◽  
Third Party ◽  
Related Services ◽  
Legal Relationship ◽  
Provision Of Services ◽  
The Eu

The article explores the features of civil law regulation of customs mediation under the legislation of Ukraine and the EU. The author identifies the characteristics that distinguish customs mediation from similar institutions in other areas of management. The author substantiates the position that the legal relationship established between customs authorities and participants of foreign economic activity with the participation of a third party is a type of economic binding legal relationship, i.e. the legal relationship for the provision of intermediary services. Within the framework of customs legal relations, contracts of a civil law nature are considered as a specific way of the state's influence on this sphere of public relations. With the participation of customs intermediaries, certain economic and legal relations are established between customs authorities and participants in foreign economic activity. The content of customs intermediary activities should be determined through the provision of services mediated by civil law agreements, representing the interests of foreign economic activity in relations with customs authorities, the provision of customs and related services, the implementation of legally significant actions aimed at customs procedures. The analysis of EU legislation in the study area led the author to conclude that at the EU level not only general qualification requirements for customs intermediaries are set, but also principles, values and rules of conduct that encourage customs intermediaries to achieve high standards of professional ethics and proper implementation their responsibilities. Given the specifics of customs mediation in the EU, the author concludes that at EU level it is impossible to unify the standards of customs services, so to date access to the profession of customs agent in each entity, the Member State is subject to national jurisdiction with its requirements for candidates to the level of their skills and knowledge. The author emphasizes that at the national level it is advisable to integrate certain elements of the legal regulation of customs brokerage to ensure competitiveness, provide quality services and overcome gaps in legislation.

INTERNATIONAL LEGAL, DOCTRINAL AND ORGANIZATIONAL-PRACTICALAPPROACHES TO COUNTERING MERCY-Violent Crimein the Russian Federation

2020 ◽  
pp. 7-16
Author(s):  
V. A. Avdeev ◽  
O. A. Avdeeva
Keyword(s):  
Public Relations ◽  
Violent Crime ◽  
Criminal Law ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Violent Crimes ◽  
Legal Policy ◽  
Political Transformations ◽  
Definition Of

The subject of the study is mercenary-violent crime, taking into account its condition, structure and dynamics. Particular attention is paid to the implementation of the Russian criminal law policy in the field of combating crime of mercenary-violent orientation, taking into account the requirements of international law. The purpose of the study is a modern analysis of the understanding of mercenary-violent crime, the content and types of crimes of this orientation. Attention is focused on the criminological analysis of mercenary-violent crime, prevention and prevention in the context of improving measures of criminal law, criminological and organizational and practical counteraction. The methodological basis for the study of measures to combat mercenary-violent crime is formed by a set of general scientific and private scientific methods that have led to an integrated approach to the study of legal policy to counteract mercenary-violent crime, taking into account the ongoing socio-economic and political-legal transformations. The main results of the study reveal the process of counteracting mercenary-violent crime in the context of globalization, measures to increase the effectiveness of the implementation of the mechanism of criminal law regulation of public relations related to countering crimes of mercenary-violent orientation. Conclusions are formulated regarding the methodological and organizational-practical aspects of the legal impact on persons who have committed self-seeking and violent assaults. The novelty of the research topic is the formulation of the problem associated with the disclosure of the causes and conditions of mercenary-violent crime as a socially negative phenomenon in modern conditions; the definition of key areas of legal policy in the field of combating crimes of mercenary-violent orientation, determined by socio-economic and political transformations. In order to achieve the stated goal of the study, special legal methods of cognition were used that facilitate the analysis of the legal regulation of legal responsibility for mercenary-violent crimes. The result of the study is the disclosure of the legal nature of mercenary-violent crime, its essential properties and signs as a social negative phenomenon; identification of features of measures to counter self-serving and violent orientation; establishing trends in legal regulation of crimes of mercenary-violent orientation; determination of the specifics of the mechanism of legal regulation of legal liability for mercenary-violent crimes. An opinion was expressed that there was no categorical legal assessment of the concept of mercenary-violent crimes in domestic legislation, which predetermined the recognition of criminal legal measures as a strategic resource for combating mercenary-violent crime. The conclusions are formulated on the factors inspiring the legislative regulation of the corpus delicti of violent orientation, and the specifics of the implementation of punishment and other measures of a criminal law nature.

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

2020 ◽  
pp. 129-135
Author(s):  
Dmitriy I. Frolov
Keyword(s):  
Public Relations ◽  
Research Methods ◽  
Religious Education ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
The Russian Empire ◽  
The Individual

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.

scholarly journals Economic Losses of the Russian Budgetary System

2021 ◽  
Vol 8 (2) ◽  
pp. 47-52
Author(s):  
Marina V. Karaseva
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Economic Losses ◽  
Constitutional Court ◽  
Physical Damage ◽  
Property Relations ◽  
Single Complex ◽  
Law And Justice

The article analyzes a new legal trend, the essence of which is to consider property relations as a single complex, whereby the boundaries of certain segments of property and legal regulation complement and replace each other. The analysis of jurisprudence and, above all, case law and justice gives examples of such phenomena. The article analyzes the rulings of the Constitutional Court of the Russian Federation, which show a connection between tax and civil law. First of all, this resolution of the Russian Constitutional Court of December 08, 2017 No. 39-П, which was to some extent a turning point, because it introduced the possibility of the subsidy of state coercion and confirmed the new content of delita liability, provided for by Article 1064 of the Russian Civil Code. Delicate liability began to transform and became not only a means of reparations to the holder of absolute right, but also an expanded reimbursement of purely economic losses. The latter are defined as physical damage not resulting from physical injury to a person or property. From these positions, the article analyzes the Rulings of the Russian Constitutional Court of 05.03.2019 No. 14-П and from 02.07 2020 No. 32-П. The two above-mentioned rulings are united by the fact that the possibility of recovering purely economic losses under Article 1064 of the Russian Civil Code in these decisions is assumed, i.e., it indirectly stems from the content of the decision. In the article the author concludes that the widespread use of tort liability situations involving public relations shows that, thanks to the expansion of its content, it tends to go beyond civil law and the article by the institution of inter-industry.

scholarly journals Features of Formation of Russian Legislation on Higher Education of the XVII-XVIII Centuries

2021 ◽  
Vol 18 (4) ◽  
pp. 388-397
Author(s):  
A. G. Bykova ◽  
I. V. Kiselev
Keyword(s):  
Higher Education ◽  
Public Relations ◽  
Social Relations ◽  
18Th Century ◽  
Educational Institution ◽  
Historical Context ◽  
Well Being ◽  
Legal Regulation ◽  
University Education ◽  
Educational Institutions

The article discusses the formation of legislation on higher education in Russia. The sphere of education is the most important condition for the spiritual, professional formation and development of the individual, the social well-being of society, political and economic formation of the state. An analysis of the historical and legal experience of regulating public relations is a prerequisite for building modern legislation in the field of education. The relevance of the study of the Russian features of legislation on higher education of the XVII-XVIII centuries is that modern social relations in the field of education are not fully regulated. This is evidenced by a range of legal problems. Particular attention should be paid to the legislative regulation of certain powers of participants in public relations in the field of higher education, by-law legal regulation, as well as the implementation of certain legal norms of the Federal Law of 29.12.2012 № 273-FZ. The need to resolve these problems updates the relevance of theoretical problems. The answer to the above questions is an analysis of the historical foundations of Russian legislation on higher education. In the pre-revolutionary Russia, sufficient experience in managing higher education, as well as regulating relevant social relations was in place. The completeness of the study of the subject of public relations in the field of education in the historical context is closely related to the analysis of the activities of Russian universities. The article considers the reasons for the appearance of educational institutions in Russia. The first domestic educational institutions appeared at the end of the 18th century - at a historical moment when the expansion of Western European ideas for organizing university education reached the Russian state. Russia had an urgent need to train specialists in the field of public administration - officials, theologians - to strengthen the Orthodox faith, teachers - to educate and promote morality. The authorization of the first regulatory and legal sources in the field of higher education was associated with attempts to create the Slavic-Greek-Latin Academy in Moscow. The revival of the ideas of education in Russia objec'tively accelerated the process of creating domestic educational institutions. The further development of legislation on higher education is associated with the implementation of new ideas about the establishment of universities under Empress Elizabeth Petrovna and Catherine the Great . In the final part of the work, it is noted that in connection with the creation of the first educational institution in Russia, the first normative legal act regulating legal relations in the field of higher education is published - "Privilege for the Academy." During the XVII-XVIII centuries Russian legislation on higher education contained personal regulatory legal acts. They were strictly targeted and regulated the activities of the educational institution, its officials, teachers, students, as well as other participants in academic social relations.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

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