scholarly journals LEGAL REGULATION OF FISHERY IN RUSSIA AND FOREIGN STATES: COMMON AND SPECIAL FEATURES

2017 ◽  
pp. 135-141
Author(s):  
Дмитрий Сиваков ◽  
Dmitriy Sivakov
Keyword(s):  
North American ◽  
Legal Regulation ◽  
Soft Law ◽  
Legal Systems ◽  
Quota System ◽  
Scientific Methods ◽  
Historical Method ◽  
Cis Countries

The aim of the article is a comparative analyze of legal regulation of fishery in Russia and foreign states. According to this goal, the task of comparison of fishery legislation of Russia and other CIS countries, Russia and EU State as well as North American countries arises. The author tries to solve one more issue — to consider how current legal regulation correlates with the concept of fishery in Russia. Legislation in the sphere of fishery is developing dynamically. Despite the different time of appearance and the differences of legal systems, mentioned legislation can be compared in the basic directions of legal regulation. The article applied the method of comparative legal regulation, the historical method of extrapolating. Also the scientific methods of deduction and induction are applied. The author used the instruments of international soft law and the works of specialists in the mentioned area of the legal regulation. The article consists of following sections: statement of the question; sources of law; key rules-definitions; principles and key provisions of the legislation; the quota system of catches, licensing and contractual methods of regulation; the payment principle and the nature of the distribution of funds received. In conclusion the author emphasized the approximation of the legislation of Russia and other CIS countries in the field of fisheries (concerning the concepts, basic provisions, types of fishery and quotas). Also, there are some similarities in a combination of licensing and contractual methods of regulation in Russian and Canadian legislation.

scholarly journals Legal Convergence as a Trend of Global Legal development. Review of the Monograph: Bezborodov Yu.S. “Methods and Forms of Legal Convergence in International Law”. Moscow, Prospect, 2020. 240 p. (in Russian).

2020 ◽  
pp. 145-153
Author(s):  
R. M. Khalafyan
Keyword(s):  
International Law ◽  
Methodological Approach ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Phase ◽  
Legal Systems ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Social Phenomena ◽  
Scientific Methods

INTRODUCTION. The review reflects the specifics of the methodological approach, implemented by Yu.S. Bezborodov in the analysis of the current phase of interaction between national legal systems and international law. Reference is made to the creation of a new conception that employs the notion of legal convergence to reveal the mechanism of getting national legal systems affinitive to each other. Attention is drawn to the content of legal convergence, the reasons for its dissemination, the link with international law as well as the correlation of convergence with related categories – globalization, universalization, sovereignty, etc. The author’s views on the interrelation between sovereignty and supranationality, universalization and localization as conditions of functioning of international law, constituting the predominant basis of convergence of national legal systems, are presented. The evaluation is given to the author’s position concerning the methods of legal convergence, in particular international legal integration. The emphasis is given to correlation of the presented forms of legal convergence. It is pointed out that comparative and legal analysis of integration in different regions of the world, including in the post-Soviet space, is important for understanding the current results of legal convergence.MATERIALS AND METHODS. The study is based on the conclusions and approaches formulated in the peer-reviewed monograph as well as the materials of the domestic and international legal doctrine on the subject-matter concerned. In writing the review the author used general and special scientific methods.RESEARCH RESULTS. The convergence of national legal systems and international law is influenced by different processes either inherent to the mechanism of international legal regulation or extraneous to it. They are distinguished by their considerable specificity and varied character. However, they do not impede legal convergence to be realized through various forms and methods.DISCUSSION AND CONCLUSIONS. The review of the scientific work led to the following conclusions: a) the author managed to present his own non-contradictory conception of convergence of national legal systems and demonstrate its connection with a number of current social phenomena; b) the monograph provides convincing arguments for the proposed forms and methods of legal convergence; c) the comparative legal characteristics of the regional international integration organizations are detailed and allows to form quite complete and correct comprehension of them. In addition, the review outlines a number of issues interesting for further discussion.

scholarly journals LEGAL REGULATION OF THE FINANCIAL SUPPLY OF THE CONSTITUTIONAL COURT OF UKRAINE

2018 ◽  
Vol 4 (4) ◽  
pp. 39-44
Author(s):  
Ian Bernaziuk ◽  
Nataliia Kovalenko
Keyword(s):  
Civil Rights ◽  
Financial Support ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Financial Independence ◽  
Scientific Methods ◽  
Historical Method ◽  
Political Transformations ◽  
Legal Method ◽  
Constitutional Justice

The aim of the article is to study the history and modernity, the doctrine and practice of legal regulation of financial support of the Constitutional Court of Ukraine. The subject of the study is the legal regulation of the financial support of the Constitutional Court of Ukraine. Methodology. Scientific research is based on the use of philosophical, general scientific and special scientific methods and techniques of scientific knowledge. The dialectical method allowed considering the legal regulation of the financial support of the functioning of the Constitutional Court of Ukraine in development and interaction with other social and legal phenomena. The historical method is aimed at reconstructing the genesis of legal regulation of the financial support of the Constitutional Court of Ukraine at various stages of its formation. The formal legal method enabled to characterize the specificities of the legal regulation of financial support of the Constitutional Court of Ukraine by legal constructions and legal terminology. Comparative legal method contributed to the study of the specifics of the legal regulation of financial guarantees of the independence of constitutional justice bodies in certain countries of the world. The results of the study revealed that the characteristic feature of socio-political transformations in modern Ukrainian society is ongoing reformation of constitutional justice, one task of which is to strengthen the financial independence of the CCU as potentially the most effective institution for the protection of human and civil rights and freedoms, establishment of legal, constitutional Ukraine. Practical implications. In the study, firstly, the views of experts on the legal regulation and practice of financing the Constitutional Court of Ukraine as a body of constitutional jurisdiction were considered; secondly, the specificities of legal regulation of financing of the Constitutional Court of Ukraine before the reform of constitutional justice in 2016–2017 were studied; thirdly, the current state and prospects of improving the financial support of the Constitutional Court of Ukraine were analysed. Relevance/originality. On the basis of a comprehensive study of the constitutional doctrine, domestic and foreign legislation and practice of its implementation, directions of strengthening the financial independence of the Constitutional Court of Ukraine are proposed.

scholarly journals The Problem of Determining the System of Private Law and the Model Law «On Entrepreneurship»

2017 ◽  
Vol 4 (4) ◽  
pp. 13-19
Author(s):  
A A Bogustov
Keyword(s):  
Legal Regulation ◽  
Private Law ◽  
Legal Systems ◽  
Business Law ◽  
Legal Doctrine ◽  
Scientific Methods ◽  
Positive Law ◽  
Analysis And Synthesis ◽  
Model Law ◽  
Harmonization Of Law

The article examines the problems caused by the adoption of a Model law on entrepreneurship. The consequences of the possible inclusion this statute in national legal systems are analyzed. The common and private methods of scientific knowledge are put in a basis of research. At a spelling of work such general scientific methods of research, as supervision, the description, a method of the analysis and synthesis, an induction and deduction, and as methods of rather comparative-law and historical-law research were used. It is concluded that the Model Law on Entrepreneurship, which seeks to introduce the dualism of private law in the national legal systems of the post-Soviet countries, is not only unable to make legal regulation of economic activity more effective, but also to create new problems in this area. They are in the delineation of civil and business law, the impossibility of clearly establishing the boundaries of their actions, duplicating the legal material. In addition, there arise the question of the need to adopt certain model laws both in terms of their practical influence on the development of positive law and the improvement of legal doctrine. Inadequate scientific justification of the recommendations may lead to the rejection of their national legislators and the impracticability of the harmonization of law in the post-Soviet space.

scholarly journals Entrepreneurial activity and family business in the period of reformation of the Russian legislation

2021 ◽  
Vol 108 ◽  
pp. 01010
Author(s):  
Olga Yuryevna Ilyina ◽  
Marina Sergeevna Ruzhentseva ◽  
Svetlana Andreevna Safronova ◽  
Aleksandr Vasilyevich Tyulin ◽  
Aryuvseit Arabidinovna Artemyeva
Keyword(s):  
Family Business ◽  
Business Processes ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Scientific Methods ◽  
Historical Method ◽  
The Family ◽  
Real Phenomenon ◽  
General Scientific ◽  
Medium Businesses

Many sciences meet in the study of family business as a real phenomenon. Despite the fact that in most countries of the world, family business is a rather widespread and highly demanded legal phenomenon, in Russia family business is realized not so often and for the most part, remains strange for an ordinary entrepreneur. Family business in Russia seems to be a phenomenon that is not studied completely but requires special attention. Objective of the research: determination of the essence and main tendencies of the development of legal regulation of the entrepreneurial activity and family business in the period of reformation of the Russian legislation. This scientific research applied a dialectical method of cognition of legal processes and phenomena, used the general scientific methods of scientific cognition of the legal essence of entrepreneurial activity and family business, in particular, a historical method, a method of synthesis, analogy, formal logics, and also specific scientific methods of research of family business and business processes in the post-reform period. Results and novelty: Family business shall be a systemic element that connects the state with small and medium businesses. The introduction of such a form of business activity (family business) shall eliminate the problems and defects of legal regulation of issues arising when business is carried out by family members. It seems necessary to consider the entrepreneurial activity and family business as individual economic and legal phenomena and a grounding of family business as an independent complex legal institution. It is offered to specify the family (spouse) business as a legal entity in the law. Such changes are directed to the efficient legal regulation and establishment of economic conditions for strengthening of family business and development of the family as a social and economic community. The features of the special legal regime of the entrepreneurial activity of spouses are revealed.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

scholarly journals Criminal liability for land damage under the legislation of the cis countries

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 22-27
Author(s):  
Sergej N. Bezugly ◽  
Galia G. Mikhaleva ◽  
Irina V. Savelieva ◽  
Oksana S. Shumilina ◽  
Natalia Yu. Zhilina
Keyword(s):  
Criminal Liability ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Land Protection ◽  
Rational Use ◽  
Advantages And Disadvantages ◽  
The Future ◽  
Special Rules ◽  
Cis Countries ◽  
Criminal Legislation

The article includes consideration of the norms on land damage under the criminal legislation of the CIS countries, analysis of approaches to the legal regulation of land protection in criminal legislation. It is determined that not all criminal laws have the special rules protecting the land only. We analyzed the signs of land damage, revealed the specifics of objective signs of land damage, as well as analyzed the advantages and disadvantages of legal regulation in comparison. It is concluded that relations on the protection and rational use of land, ensuring environmental safety are very important for the uninterrupted provision of the population with a sufficient number of safe and affordable products in the future.

scholarly journals ACTS OF “SOFT” LAW AS REGULATORS OF PRIVATE LAW RELATIONS

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Ольга Муратова ◽  
Olga Muratova
Keyword(s):  
Public Relations ◽  
Soft Law ◽  
Private Law ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Legal Effect ◽  
General Scientific ◽  
The Common ◽  
Combination Of Methods ◽  
Methods Of Learning

The article covers the question of the enforcement of acts of “soft” law — unformal sources of regulation of public relations. It is pointed in the article, that though acts of “soft” law are not the sources of law in traditional understanding, such acts are important practical regulators of private-law relations. The author gives the common characteristic of acts of “soft” law, makes comparative analyses with legal acts. Although the most attention in the article is paid to the legal effect of the enforcement of acts of “soft” law, first of all, from the view of regulation of private-law relations. While preparing the article the complex of methods was used, which lay on the basis of systematical and dialectical concepts. The main conclusion of the issue is the acknowledgement of the fact of the exercising of influence by the acts of “soft” law on regulation of private-law relations. This article is based on a combination of methods of cognition, which amounted to a systematic and dialectical approach. The author appeals to the general scientific methods (analysis, synthesis, induction, deduction) and to the specially-legal methods of learning: formal-legal, comparative legal, structural and functional.

scholarly journals Regulation of advocacy profession: global trends

2021 ◽  
Vol 39 (69) ◽  
pp. 689-706
Author(s):  
Tetiana Vilchyk ◽  
Alla Sokolova ◽  
Tetiana Demchyna
Keyword(s):  
Self Regulation ◽  
Legal Profession ◽  
The United States ◽  
Legal Regulation ◽  
International Standards ◽  
Global Trends ◽  
Scientific Methods ◽  
General Scientific ◽  
Different Sources ◽  
Regulatory Models

The objective of the article is to analyze the regulation of the legal profession and its global trends. There are many different types of regulators globally, and many different sources and methods of regulation. There is no simple approach to setting goals for regulating the legal profession in different legal systems. Although self-regulation of the legal profession is considered the basis for adhering to the standard of its independence, at the same time, academics recognize the existence of the theory of the management of the legal profession. To study these problems, the authors conducted a comparative study of the regulatory models of the legal profession in the world in terms of compliance with international standards of legal independence in different legal jurisdictions and made some suggestions to improve the legal regulation of the legal profession in Ukraine. Empirical sources for scientific research were international documents, court decisions, national legislation of Great Britain, Canada, the United States, Ireland, Scotland, Australia and others, and the work of scientists. The article uses general scientific methods - dialectic, analysis, synthesis, analogy, etc., and special methods, particularly legal, historical, and formal comparative law.

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