scholarly journals The System of Law in Terms of Industry Differentiation

Legal Concept ◽  
2020 ◽  
pp. 47-51
Author(s):  
Darya Milinchuk
Keyword(s):  
Public Relations ◽  
Educational Process ◽  
Point Of View ◽  
Practical Significance ◽  
Legal Analysis ◽  
Highly Qualified ◽  
Legal Norms ◽  
Legal Literature ◽  
Categorical Framework ◽  
And Training

Introduction: in the modern scientific legal literature, there are many judgments about the structuring of the system of law. The legal scholars are divided into two opposite camps: some support the position on the need to divide law into branches, while others defend the point of view that the concept of system of law is a kind of scientific and legal rudiment and does not have practical utility and significance. One of the reasons for these trends is the lack of a monistic approach to the criteria for dividing law into branches. The paper presents an overview of the modern scientific concepts of the theory of the system of law. Methods: the study of the system of law is impossible without the use of a set of methods of scientific knowledge, which include: legal analysis, the system-structural and dialectical methods. Results: the method developed by the author for distinguishing the branches of law is based on the analysis of a certain set of legal norms from the point of view of its subject (the group of public relations), the conceptual and categorical framework, the autonomy of functioning and the homogeneity of public relations. Conclusions: as a result of the research, the role and practical significance of the category systems of law in the legal science and practice is revealed. It is established that the division of law into branches helps to more effectively implement the departmental rulemaking, correctly plan the corporate activities of many legal entities, as well as competently organize the educational process and training of highly qualified specialists.

scholarly journals The Genesis of the System of Administration of the Transport Routes and of the Transport Law in Russia (9th to 18th centuries)

2019 ◽  
Vol 17 (3) ◽  
pp. 260-277
Author(s):  
Yu. I. Petrov ◽  
A. I. Zemlin ◽  
O. M. Zemlina
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Historical Period ◽  
Legal Analysis ◽  
Legal Norms ◽  
Legal Method ◽  
Starting Point ◽  
Scientific Results

The article analyzes Russian historical and legal heritage containing the norms governing social relations that arose in the process of development of water and inland roads, transportation, state administration in the transport field, and studies the most important norms of Russian transport legislation. The purpose of the research was to study legal regulation of transport relations in the historical period from 9th through 18th centuries in order to identify the main stages of development and periodization of domestic transport law.The study was carried out using methods of legal analysis, including formal-dogmatic method, which allowed to reveal some of shortcomings and gaps of legal regulation; historical and legal method, that, in combination with the methods of taxonomic analysis, made it possible to carry out authors’ periodization of formation of transport legislation during the studied period. The use of achievements of legal hermeneutics and tools of the linguistic-semiotic and semantic approaches provided an opportunity to clarify the content of legal norms and legal documents referring to the period under review.The results of the study are of interest from the point of view of revealing historical patterns of development of transport law, make it possible to assess the role and place of transport legislation in the system of legal regulators of public relations. The presented scientific results, taking into account already existing and practically substantiated developments, can serve as a starting point for further discussion about the prospects, trends and directions of development of Russian transport law and transport legislation.

scholarly journals Vandalism in the system of statutory evaluation: a comparative analysis of the Russian and German legislation

2021 ◽  
Vol 108 ◽  
pp. 02004
Author(s):  
Olesya Aleksandrovna Blinova ◽  
Irina Vladimirovna Deviatovskaia ◽  
Marina Rashitovna Babikova ◽  
Yury Sergeevich Isaev
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Criminal Code ◽  
Point Of View ◽  
Public Order ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
Legal Norms ◽  
Holistic Treatment ◽  
German Legislation

The article presents an experience of comparing the articles of the Criminal Code of the Russian Federation and of the Federal Republic of Germany (Strafgesetzbuch), aimed at protecting social interaction and public order from vandalism. The purpose of the given comparison was an attempt to form a holistic treatment of the phenomenon of vandalism from the point of view of statutory evaluation. To make the comparison, a comparative legal analysis of the relevant norms was selected as a tool. As a result, the authors have identified the similarities and differences in the structure of legal norms, in the terminology, the existence of related norms protecting against encroachment on public order – those similar to antivandal measures, the specificity of public relations, as well as personal property rights. The prospect of further research on the legal status of vandalism in different countries has been outlined.

Famous teachers and educators of the first half of the XX century about the problems of the North Caucasian muslim education.

2021 ◽  
Vol 13 (2) ◽  
pp. 208-222
Author(s):  
Nadezhda O. Bleich ◽  
Keyword(s):  
Educational Process ◽  
Point Of View ◽  
Practical Significance ◽  
Past Century ◽  
North Caucasus ◽  
Caucasus Region ◽  
The Past ◽  
The North ◽  
New Type ◽  
Historical Heritage

The article is devoted to the consideration of the worldview positions of famous educators of the past century regarding the state of school education among Muslims of the North Caucasus region. It is proved that the enlighteners advocated the creation of a new type of national non-class school and the construction of the didactic foundations of the educational process in it. The novelty of the work is that, based on the analysis of the views of the advanced intelligentsia of the region, aimed at understanding the current socio-cultural situation, an attempt was made to scientifically understand the problems and prospects for the development of the Muslim educational system of the past from the point of view of the modern scientific paradigm. The practical significance of the publication lies in expanding the understanding of the system of Mohammedan education in the context of its historical heritage, which will help to comprehend modern problems associated with the reform of general and vocational education in the national Muslim republics.

scholarly journals Activities of the Ministry of Internal Affairs of the Ukrainian SSR on Combating Economic Crime in the Middle of 1950s

2021 ◽  
Vol 81 (2) ◽  
pp. 13-20
Author(s):  
V. A. Grechenko
Keyword(s):  
Criminal Policy ◽  
Economic Crime ◽  
Practical Significance ◽  
Political Regime ◽  
Historical Period ◽  
Legal Analysis ◽  
Legal Literature ◽  
Archival Documents ◽  
Internal Affairs ◽  
The Republic

The relevance of the research topic is due to theoretical and practical significance of the problems of combating economic crime in modern conditions. In this regard, the issue of the effectiveness of the modernized police in accordance with the new tasks is of great importance. The original experience of combating economic crime was gained in previous years, but especially specific in this case were the 1950s, when there was departure from Stalin’s criminal policy, when the liberalization of the political regime and economic reforms began. In general, the country had a new political and economic situation. Various perpetrators also tried to take advantage of this, so the fight against both criminal and economic crime continued to be relevant in the new conditions. This topic is not enough studied in the historical and legal literature. Economic crime has been studied in the article in the sense that it was exactly in the specified historical period. For the first time in the historical and legal literature we studied the activities of the police to combat economic crime in the middle of 1950s, demonstrated certain achievements and shortcomings in this work, its management by the Ministry of Internal Affairs of the Ukrainian SSR. The historical and legal analysis of the normative acts regulating the work of militia in the specified sphere has been carried out. New archival documents have been introduced into scientific circulation, which made it possible to expand and deepen the scientific understanding of police activities during this period, to give it greater objectivity and reliability. The main attention has been paid to the fight against economic crime by the Ministry of Internal Affairs of the Ukrainian SSR; the author has demonstrated the shortcomings observed by the Ministry in this work, the ways to overcome them. It has been emphasized that the analysis of these phenomena by the staff of the Ministry of Internal Affairs was not always in-depth; there were repetitions and superficial judgments. The data characterizing the state of economic crime in the Republic in 1954-1955 has been provided.

scholarly journals PHILOSOPHICAL AND LEGAL NATURE OF THE LAW PRINCIPLE: METHODOLOGICAL PROBLEMS OF RESEARCH

2020 ◽  
Vol 24 (3) ◽  
pp. 547-571
Author(s):  
Andrey V. Skorobogatov ◽  
Alexandr V. Krasnov
Keyword(s):  
Public Relations ◽  
Point Of View ◽  
Integrative Approach ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Legal Nature ◽  
General Scientific ◽  
Methodological Problems ◽  
The Law ◽  
Ontological Aspect

The article explores the legal nature of law principles from the perspective of philosophical and legal analysis. The purpose of the article is to form scientifically based knowledge on the philosophical and legal nature of the category law principle using postclassical methodological tools. Research Methods: The methodology of the article is based on the postclassical scientific rationality. The authors use an integrative approach to the study of legal reality in combination with a phenomenological and synergetic methodology, thereby using a number of general scientific and special scientific methods in a particular logical system, which makes it possible to study law principles both ontologically, in terms of their role in law in general, and epistemologically as well as axiologically. Moreover, the content, functioning and development of law principles are considered phenomenologically, as well as in the context of law communication. Results: The law principle in the ontological aspect is a fundamental form of law, reflecting the most significant ideas concerning regulation of public relations; the law principle is used as a direct regulator along with the rule of law. The epistemological law principle can be interpreted as a generalizing category, reflecting interpretation and assessment of legal reality from the standpoint of postclassical methodology. From an axiological point of view, the law principle embodies the law and social values and traditions that are dominant within the framework of a given socio-cultural chronotope, and is also used as one of the fundamental tools for constructing legal reality and its development. Conclusions: the law nature of law principles is determined with the account of postclassical methodology onto-logically, epistemologically and axiologically, in terms of their dual role in formation, development and construction of legal reality at all of its levels, in the context of both objective and subjective factors. The findings can be applied in drawing up concepts of legal and judicial reforms in terms of targeted construction of legal reality, as well as in the process of predicting the development of the Russian legal system.

Practical significance of law constitutional principles

2020 ◽  
pp. 435-441
Author(s):  
Aleksandr Paramonov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Direct Role ◽  
Positive Role ◽  
Legal Norms ◽  
Russian Law ◽  
The Law ◽  
Basic Ideas

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.

scholarly journals Sources of Public Relations Legal Regulation in Cyberspace

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 114-120 ◽  
Author(s):  
L. G. Efimova
Keyword(s):  
Public Relations ◽  
Computer Technology ◽  
Computer Code ◽  
Legal Regulation ◽  
Point Of View ◽  
Legal Norms ◽  
Web Space ◽  
The Law ◽  
Different Sources ◽  
The Web

The paper criticizes the relatively recent view that traditional legal norms cannot be applied to public relations regulation in cyberspace. Researchers are debating whether it is permissible to regulate relationships arising from the use of computer technologies, such as cryptocurrency turnover and other relationships on the blockchain platform, by means of law. Opponents of legal regulation of cryptocurrency turnover refer to the impossibility of regulating computer technology by legal means. It is known that the lack of legal regulation of public relations is no less harmful than their overregulation. The author analyzes classical, "modernist", and eclectic approaches to the legal regulation of public relations in cyberspace. According to the author, public relations in the web space, including those that arise on the blockchain platform, can be regulated not only by national laws, but also by two special new sources of law — computer code (lex informatica) and special customs of cyberspace (lex electronica). Regulation by codes and special customs, which are concentrated on the Internet, gradually form a supranational law of cyberspace. Since the law, algorithmic code, and special customs of cyberspace are different sources of law, the point of view of those researchers who write about the decline of legal regulation and its replacement by code regulation is unfounded. It is premature to conclude that the law is dying out in the transition of contractual relations to cyberspace. Lawrence Lessig’s expression "Code is law" is correct in the sense that code is only one possible source of law.

scholarly journals Protection of Human Rights and Freedoms in the Administrative Proceedings of the European Union

2021 ◽  
Vol 7 (3) ◽  
pp. 210
Author(s):  
Oleksandr Rastorhuiev ◽  
Petro Makushev ◽  
Alla Pukhtetska ◽  
Andriy Hridochkin ◽  
Irina Smaznova
Keyword(s):  
Public Relations ◽  
Practical Significance ◽  
The European Union ◽  
Legal Norms ◽  
Analysis And Synthesis ◽  
Protection Of Human Rights ◽  
Historical Comparative ◽  
Administrative Proceedings ◽  
Dialectical Analysis ◽  
Subjective Rights

Since there is a problem of forming a system of modern doctrinal knowledge on protection in administrative proceedings by individuals of their rights violated in public relations, the topic under research becomes relevant. The justice in national administrative cases requires qualitative improvement taking into account European experience. The purpose of the research is to form a uniform judicial enforcement in the field of public relations, establish the rule of law, and provide fair justice. The methodological basis of this study is a set of general scientific (dialectical, analysis, and synthesis), as well as special legal (historical, comparative law, consideration and interpretation of legal norms, formal-logical) methods of scientific knowledge. The practical significance of the obtained results is that the formulated theoretical provisions, proposals and recommendations can be used: in research to conduct further research on the problems of administrative proceedings in Ukraine, ways and means of effective protection of subjective rights of individuals; in law-making for further improvement in accordance with European principles of national legislation; in the law enforcement practice of judges of administrative courts of Ukraine for consideration and resolution of public law disputes, in the protection of their rights in administrative judicial specialization by citizens and legal entities.

scholarly journals Performative education: is sociology required outside the humanities?

2019 ◽  
Vol 3 (3) ◽  
pp. 20-39
Author(s):  
Albina A. Beschasnaya ◽  
Andrei A. Beschasnyi
Keyword(s):  
Social Relations ◽  
Professional Training ◽  
Academic Discipline ◽  
Educational Process ◽  
Point Of View ◽  
Academic Disciplines ◽  
Educational Activity ◽  
Practical Significance ◽  
Individual Level ◽  
The Individual

This article analyzes the importance of sociological education in the professional training of specialists outside the humanities from the point of view of “performative education”. The “performativity” of education is understood as the production of knowledge and educational activity and it becomes meaningful only in the situation of their demand and efficiency (J.-F. Liotard). The сurrent trends in the formation of the curricula of higher educational institutions by academic disciplines of a “performative” nature have been expressed in reducing the hours of general humanities, among which the sociology teaching has been minimized or completely eliminated. The material for the empirical stage of the research was the organizational and methodological documentation accompanying the educational process in a number of Russian universities. The authors performed a content analysis of the curriculum of higher education. The following methods of collecting information were used: analytical-synthetic, induction and deduction, content and comparative analyzes. The performativity of sociological knowledge and the study of sociology at the individual level is expressed in several aspects: 1) in the formation of the self-consciousness of the individual and the development of a professional integrated into social relations; 2) in the development of graduates’ ability to analyze and forecast social transformations; 3) in maintaining the value basis and civil law culture in society. The practical significance of the findings is expressed in strengthening the position of sociology as a science and academic discipline in the simulation of educational programs for professional training of university students.

scholarly journals Category «privilege»: doctrine, legislation, practice

2020 ◽  
Vol 2020 (1) ◽  
pp. 53-60
Author(s):  
Artem Repyev
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Learning Style ◽  
Legal Status ◽  
Point Of View ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Legal Situation ◽  
Approach Method ◽  
The Right

Introduction. The article is devoted to the general theoretic analysis of legal category “privilege”. The author proposes and argues the hypothesis of the perception of privilege as a form of legal advantage different from such types of this system as courtesy and immunity. The work presents essential and substantial consideration of legal privilege from the point of view of the doctrine of law, historical and modern legislation, as well as law enforcement practice. The aim is to form a view of privilege as a form of improving the legal situation of individual entities with special legal status; to propose its definition. Methodology. Historical learning style, empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods: technical approach, method of interpretation of legal norms. Results. Analysis of doctrinal sources of Russian and foreign law, historical monuments of jurisprudence, modern normative legal acts and law enforcement practice has shown thatthe category of privilege is often mixed with other legal means, having an incentive or rewarding character. On the basis of the establishment of similarity and distinction elements between privilege, courtesy and immunity, aspects of their interaction and existing contradictions, the author proves the independent categorical nature of privilege, identifies its specific features, which differ from related legal phenomena. Conclusion. In both legal science (theoretical and sectoral) and the system of legislation, it is necessary to clearly distinguish the understanding and application of the legal category “privilege” by means of: establishing legal definition, unification and specifying the provisions of normative acts using backing, incentive and rewarding instrumentarium; achieving the justifiable use of evaluation categories giving the right to the privilege. The actions taken should contribute not only to improving the efficiency of public relations regulation due to the legal advantages system, but also to reducing the corruption risks associated with the granting of such “on top of ” rights, diminishing administrative barriers on receipt and realization.

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