Problem of Consolidation of Legal Status of Personality in the Russian Legal System

10.12737/6581 ◽  
2014 ◽  
Vol 2 (12) ◽  
pp. 0-0
Author(s):  
Зульфия Байниязова ◽  
Zulfiya Bayniyazova
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Present Moment ◽  
Russian Society ◽  
Individual Rights ◽  
Close Attention ◽  
Legal Policy ◽  
Legal Science

The article investigates the issue of consolidation of an individual legal status in the Russian legal system. The author claims that at the present moment an individual legal status is not represented as a consolidated institution of the legal system, and the situation does not meet the needs of the legal life of the Russian society. In this connection the author suggests that a notion of “consolidated individual legal status” should be singled out in the legal science. The characteristics of consolidated individual legal status have been singled out and analyzed in the article. The author also looks into significance of consolidation of individual rights and liabilities. The author emphasizes that the value of the consolidated condition of individual rights and liabilities determines significance of the issue of consolidation of an individual legal status. The author pays close attention to the legal policy; the author claims that legal policy alongside with the legal system must be a phenomenon that fully guarantees legal self-realization of an individual, an opportunity to exercise their rights and freedoms. The author stresses the necessity of an individual legal status as a consolidated legal phenomenon, which is one of the priorities of the Russian legal system.

scholarly journals Środowisko prawników wobec sytuacji Trybunału Konstytucyjnego. Badania socjologiczno-prawne

2019 ◽  
pp. 93-115
Author(s):  
Kamil Stępniak
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Point Of View ◽  
Fundamental Rights ◽  
Individual Rights ◽  
Legal Practice ◽  
Legal Study ◽  
The Future ◽  
Constitutional Tribunal

The recent legal changes pertaining to the institution of the Constitutional Tribunal arouse many controversies. This paper presents a sociological and legal study conducted to collect and examine the opinions regarding the above held by Polish lawyers who because of their profession and experience are in a position to confront directly the legal practice with the changing legal system that is directly responsible for the level of protection of individual rights and the exercise of individual fundamental rights. From the point of view of rationality and functionality of the operations of the Constitutional Tribunal an opinion formulated by jurists who due to their background have greater legal awareness seemed invaluable. After all it will be their opinion which will decide about the future of the judiciary in Poland. The results of the current transformations being implemented in constitutional judiciary as well as at the level of common courts have consequences for all the citizens. The aim of the questions asked in the survey was to fi nd how lawyers in Poland saw the situation with the Constitutional Tribunal today as well as what the though it its regime and functioning could be like in the future. Questions also concerned the current and actual legal status of the Tribunal and the lawyers’ reactions to the changes being implemented or about to me made, and if possible the possible ways of ending the current Constitutional Tribunal crisis.

The Spanish Translation of Les Leçons de chimie élémentaire: On the Legal Status of Translation and its Various Values

2019 ◽  
Vol 16 (2-3) ◽  
pp. 201-215
Author(s):  
Tania P. Hernández-Hernández
Keyword(s):  
Complex Network ◽  
Latin American ◽  
Legal System ◽  
Legal Status ◽  
Spanish Translation ◽  
Cultural Economic ◽  
Translation Rights ◽  
International Legal System ◽  
Latin American Countries ◽  
Legal Battle

Throughout the nineteenth century, European booksellers and publishers, mostly from France, England, Germany and Spain, produced textual materials in Europe and introduced them into Mexico and other Latin American countries. These transatlantic interchanges unfolded against the backdrop of the emergence of the international legal system to protect translation rights and required the involvement of a complex network of agents who carried with them publishing, translating and negotiating practices, in addition to books, pamphlets, prints and other goods. Tracing the trajectories of translated books and the socio-cultural, economic and legal forces shaping them, this article examines the legal battle over the translation and publishing rights of Les Leçons de chimie élémentaire, a chemistry book authored by Jean Girardin and translated and published in Spanish by Jean-Frédéric Rosa. Drawing on a socio-historical approach to translation, I argue that the arguments presented by both parties are indicative of the uncertainty surrounding the legal status of translated texts and of the different values then attributed to translation.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

Updated "state-society contract" as a way to rationalization of national projects in Russia

2021 ◽  
pp. 7-14
Author(s):  
T.I. Grabelnykh ◽  
◽  
N.A. Sablina ◽  
A.N. Parkhomenko
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Russian Society ◽  
Administration System ◽  
Public Control ◽  
The Public ◽  
State And Society ◽  
Conceptual Foundations ◽  
The Relationship

Researched are systemic aspects of the process of implementing national projects in Russia. Attention is focused on effectiveness of solving key problems of development of the public administration system in the context of the relationship between the state and society under modern conditions. The institution of public control in Russia is characterized through prerequisites of formation, organizational and legal status and main functions. The work defines the place and role of the institution of public opinion in the system of public administration and public control, substantiates its regulatory mechanisms, factors and agents of influence. In the aspect of systemic relationship between public administration and public control, the specificity of implementation of national projects in the transforming Russian society is revealed. A sociological vision of the “reset” of conceptual foundations of interrelationships between the public administration system and the institution of public control both at the stage of “entering” the space of national projects and in the process of their implementation is presented. It has been proved, that at the present stage the main integrating factor is consolidation of society through an updated "state-society contract". The analysis of historical and modern practices of public participation made it possible to draw a conclusion about the increase in the function of “co-management” of public control bodies in the interaction of state and public structures.

scholarly journals Preventing Corruption in the Judicial System of the Russian Federation: Opportunities for Corruption Connected with the Discretionary Powers of the Court Chairperson

2020 ◽  
Vol 14 (6) ◽  
pp. 823-833
Author(s):  
Nikolai Petukhov ◽  
Ekaterina Ryabtseva ◽  
Yuri Tuganov ◽  
Vladimir Aulov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Present Moment ◽  
Court System ◽  
Public Officials ◽  
Effective Prevention ◽  
Service Employees ◽  
Functional Features ◽  
The Russian Federation ◽  
Corruption Prevention

At the present moment, corruption crimes committed by civil service employees not only interfere with the work of public officials endowed with authority, but they also undermine the credibility of state power, the trust and respect of people for state institutions and, primarily, for equitable justice. The article describes the experience of counteracting corruption in the practice of courts and judicial bodies, including the High Qualification Board of Judges, the Councils of Judges of the Russian Federation and of its regions. Adhering to the requirements of international law and taking into consideration the national law systems, the authors based their research on the inter-disciplinary systemic approach, which is necessary for the effective prevention of corruption in the court system. The theoretical results of the research were reflected in determining both the general regularities of combating corruption in the court system and the specific characteristics that take into consideration the structural and functional features of court power and the legal status of public officials. The practical results include suggestions on optimizing the organization of corruption prevention in the court system, the cooperation of courts and judicial bodies with other state bodies and public institutions on counteracting corruption while preserving the independence of the judicial power. The practical conclusions could be used for optimizing the work of courts and judicial bodies connected with the organization and implementation of anti-corruption measures.

scholarly journals СТАНОВЛЕННЯ ПАРАДИГМИ МІЖНАРОДНОГО ПРОЦЕСУАЛЬНОГО ПРАВА У ПОСТРАДЯНСЬКІЙ ПРАВОВІЙ НАУЦІ

2019 ◽  
Vol 13 ◽  
pp. 159-165
Author(s):  
Т. О. Анцупова
Keyword(s):  
Legal System ◽  
Procedural Law ◽  
Legal Science ◽  
International Legal System ◽  
Philosophical Understanding

Домінуючою в сучасній науці міжнародного права пострадянського простору є нау­кова позиція, відповідно до якої ототожнюються «міжнародний судовий (юрисдикційний) процес» і «міжнародне процесуальне право». Автор статті зазначає безперспективність такої позиції для розвитку міжнародної правової системи, схиляючись до загальнофіло-софського уявлення про процес як про комплекс послідовних дій або послідовних, змінюючих один одного, органічно взаємопов'язаних явищ.   The scientific position, according to which «International Legal (Jurisdictional) Process» and «International Procedural Law» are identified is dominated in the modern international legal science on post-Soviet area. The author points out the futility of such a position for the development of the International Legal System, tending to the philosophical understanding of the process as complex sequential, successive, organically interrelated phenomena.

scholarly journals Extrajudicial Forms of Protecting Rights and Freedoms of a Person in the Field of Criminal Law Relations: Conceptual Aspects and Improvement of State Response

2021 ◽  
Vol 15 (2) ◽  
pp. 210-219
Author(s):  
Alexander Smirnov ◽  
Andrey Santashov
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Cultural Development ◽  
Psychological State ◽  
Criminal Prosecution ◽  
Russian Society ◽  
Self Defense ◽  
Legal Forms

The article describes the conceptual basis for a new special research theory — extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations. The authors introduce the concept of these forms and their system consisting of legal and non-legal forms of such protection. It is concluded that the reaction of the state to the implementation of legal extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations should be improved with the purpose of ensuring greater justice when making decisions on criminal prosecution for the self-defense of the legal status of a person in the analyzed sphere of relations. The authors offer a number of suggestions on changes and amendments to the Criminal Code of the Russian Federation that would improve the effectiveness of this reaction. On the other hand, non-legal forms of self-defense in the field of criminal law relations should be prevented. The authors present a list of factors determining the existence of these forms in the Russian society, some of which, due to certain circumstances both in the past and present period of the deve­lopment of Russian state and society, have an «excusable» character. These factors include both global (the spread of various discrimination practices, ideas of extremism and religious radicalism; the escalation of violence) and national factors (historical predetermination of state and public development; features of cultural development of the Russian society; specifics of the implementation of state policy and public administration activities; drawbacks of criminal law regulation of social processes and law enforcement activities; destructive practices of social relations; moral and psychological state of the society; influence of propaganda; defective educational and pedagogical influences, etc.). The authors also present a system of preventive measures aimed at eradicating non-legal forms of the analyzed extrajudicial protection. This system includes measures of developing a state reaction to crimes that would correspond to social expectations, ensuring a greater strictness of criminal law, unavoidability of prosecution, as well as measures of moral rehabilitation of the Russian society, raising the level of its legal conscience and culture. The authors suggest the introduction of a norm that establishes criminal liability for usurping the power of the court connected with the administration of justice.

scholarly journals PLACE AND ROLE OF THE THEORY OF STATE AND LAW IN THE SYSTEM OF LEGAL SCIENCES

2021 ◽  
Vol 38 (2) ◽  
pp. 9-12
Author(s):  
L.B. Gandarova ◽  
Keyword(s):  
Legal System ◽  
Public Life ◽  
Legal Knowledge ◽  
Complex State ◽  
Legal Science

The article examines the place of the theory of state and law in the system of legal sciences, and also emphasizes its fundamental role in the system of legal sciences. To substantiate his position, the author investigated the views of authoritative modern domestic legal scholars on the classification of legal sciences. The article identifies the main thematic blocks, which include all legal disciplines. The problems that hinder the development of the theory of state and law as a basic legal science are identified, its methodological nature is noted. It is concluded that without the assimilation of theoretical and legal knowledge, it is impossible to give a correct assessment of the complex state and legal phenomena of public life, to know their essence and purpose, to get an idea of the legal system as a whole

Sign in / Sign up

Export Citation Format

Share Document