scholarly journals The Problems of Specification of Legal Principles in the Doctrine of the “Earlier” R. Dworkin

Legal Concept ◽  
2020 ◽  
pp. 52-59
Author(s):  
Sergey Kasatkin
Keyword(s):  
Fundamental Rights ◽  
Legal Positivism ◽  
Ronald Dworkin ◽  
Scientific Methods ◽  
Legal Principles ◽  
Legal Rules ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
The One

Introduction: the subject of the paper is the analysis of the concept of legal principles of the authoritative American jurist Ronald Dworkin, formulated by him in the essay “The Model of Rules” and formed the core of his initial challenge to the doctrine of legal positivism. The paper based on the general scientific and specific scientific methods pursues a dual goal – first, to systematize R. Dvorkin’s understanding of the specifics of legal principles and their consequences for the criticism of positivism, and second, to assess the potential of the author’s considered ideas outside of American-British law. Results: the paper summarizes the proposed R. Dworkin’s interpretation of legal principles as standards that differ from legal rules in terms of “logical and regulatory” parameters, the grounds for legalizing and significance in judicial justification, and also shows the connection of this interpretation with the negation of the key ideas of positivism. At the same time, it is noted both an unconventional view of R. Dworkin for the domestic jurisprudence and legal practice, the otherness of the criteria for understanding and specification of legal principles, and the insufficiency of a number of the author’s statements. Conclusions: on the one hand, the paper states the “weakness” of the arguments of R. Dworkin’s explanation of the grounds for legalizing the principles and their strict opposition to the rules; on the other hand, it emphasizes the value of these arguments for explaining the “weight” of the principles and conflicts between them, for understanding the procedures for restricting the fundamental rights, etc., which makes it necessary and possible to further develop the concept of the American jurist, including taking into account the experience of continental and Russian law.

scholarly journals The development of customs law in the scope of Eurasian integration

2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina
Keyword(s):  
Public Relations ◽  
International Law ◽  
Social Relations ◽  
Administrative Law ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
The Relationship ◽  
Further Development

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.

scholarly journals Legal regulation of investment activity carried out using digital technologies

2020 ◽  
pp. 25-34
Author(s):  
Alina Nurlibaevna Sundetova
Keyword(s):  
Digital Technologies ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Current Level ◽  
Investment Activity ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
Development Prospects

The subject of this research is the norms of Russian law mediating investment activity that is carried out using digital technologies, development prospects for Russian legislation, as well as theoretical constructs proposed by Russian and foreign experts in development of the category of investing using digital technologies. Special attention in the process of development of legislation is given to the principle of technological neutrality. This author employed general scientific methods of structural-functional analysis and systemic approach, which allowed verifying the acquired results of the scientific research. This work presents a comprehensive analysis of the legal relations emerging as a result of investing using digital technologies. A conclusion is made that digital technologies develop very rapidly, and thus, the legislator must describe the essential features of the mentioned phenomena and legal relations, and prescind from the current level of technology when possible.

Bank Marketing: Features, New Trends, and Prospects

2019 ◽  
pp. 83-88
Author(s):  
E. N. Valiev ◽  
E. N. Veysov
Keyword(s):  
Systems Approach ◽  
Marketing Research ◽  
Theory And Practice ◽  
Scientific Publications ◽  
Scientific Methods ◽  
New Directions ◽  
General Scientific ◽  
Modern Economic ◽  
The Subject ◽  
Bank Marketing

The importance of the subject of this study is attributable to the need of developing the theory and practice of formation of bank marketing, its features and new trends associated with this concept. Prospects for the development of banks and their ability to quickly and efficiently address new challenges presented by the market can be determined through modern forms, methods of management and creative use of financial marketing opportunities.Aim. The presented study aims to examine the specific aspects, principles, conditions, factors of emergence, and prospects for the development of bank marketing and forms of its management in modern economic conditions.Tasks. The authors identify the major trends and perspective directions in the development of bank marketing in Azerbaijan at the current stage.Methods. As its methodological and theoretical basis, this study uses a systems approach to the analysis of its subject, conceptual approaches outlined in the works of Azerbaijani, Russian, and foreign scientists in the field of bank marketing. These methods are used to determine the essence of bank marketing, present the types and organization of marketing research, and identify the characteristic traits, new forms, and directions for the development of bank marketing.Results. The study uses general scientific methods of cognition in various aspects to identify characteristic traits, trends, and new directions of bank marketing. A review of scientific publications shows that academic papers tend to focus on general conceptual approaches to the practical application of marketing. The authors believe that the issues of organization of a comprehensive bank management system, its implementation based on innovations in the promotion of banking products and services in the financial market, and substantiation of channels for their distribution among consumers are insufficiently explored. This makes the subject of this study extremely relevant due to the inevitable optimization of the organizational structure of banks through comprehensive implementation of the marketing system.Conclusions. Theoretical and practical issues of bank marketing are examined. As a result, the specific features and characteristic traits of this mechanism, conditions and factors for its emergence, and its prospects in the context of the digital economy are analyzed.

Administration of the educational process (legal and linguistic-didactic aspects) in the conditions of quarantine and post-quarantine measures caused by covid-19

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi
Keyword(s):  
Public Relations ◽  
Educational Process ◽  
Scientific Methods ◽  
Functional Changes ◽  
Educational Processes ◽  
Special Scientific ◽  
Science And Education ◽  
General Scientific ◽  
The Subject ◽  
The Impact

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.

scholarly journals On responsibility of the employer to undertake measures for preventing corruption

2020 ◽  
pp. 65-79
Author(s):  
Svetlana Pavlovna Basalaeva
Keyword(s):  
Russian Federation ◽  
Scientific Method ◽  
Scientific Methods ◽  
Essential Condition ◽  
Labor Legislation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Corruption Prevention ◽  
Legal Consequences

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.

scholarly journals Development and transformation of the communicative element of socio-cultural activities

2021 ◽  
Vol 5 (S2) ◽  
pp. 708-721
Author(s):  
Oksana A. Telep ◽  
Inna V. Balashenko ◽  
Pavlo P. Fedaka ◽  
Liudmyla I. Ukhach ◽  
Yelizaveta M. Sivak
Keyword(s):  
Modern Society ◽  
Cultural Transformation ◽  
Cultural Space ◽  
Scientific Methods ◽  
Cultural Activities ◽  
General Scientific ◽  
The Subject ◽  
Innovative Potential ◽  
Communication Culture ◽  
Methodological Studies

The relevance of the subject matter derives from the fact that communication is one of the oldest institutions of humanity and plays a crucial role in modern society. The authors used general scientific methods such as generalisation, analysis and integration of elements of the concept of conventional communication as well. The purpose of the study is to define the essence of the models of socio-cultural transformation, as well as the characteristics and features of the development of socio-cultural activities. The study analyses how socio-cultural content functions in social communication; the key theoretical thesis of the functionality message is identified. The study discusses the models that influence socio-cultural transformation on the global level and make changes both in the global cultural space and in the cultural space of countries, communities, and people in particular. The study proposes means to strengthen the innovative potential of Ukrainian culture. The authors emphasise that the phenomenon of communication culture requires in-depth theoretical and methodological studies of the problems of its design and support. 

scholarly journals The Forms of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 167-175
Author(s):  
Ilya Dikarev ◽  
◽  
Sailaubek Baymanov ◽  
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Prosecution ◽  
Legal Interpretation ◽  
Scientific Methods ◽  
Theoretical Position ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Common

Introduction: the paper discusses the possibility of differentiating the forms of criminal prosecution. The critical analysis is subject to the widespread position in the science of criminal procedure that the forms of criminal prosecution are suspicion and accusation. This point of view is based on the conclusion that the content of criminal prosecution varies depending on the degree of proof of the guilt of the person subject to criminal prosecution. Concerning compliance with the principle of adversarial parties, the theoretical position is also evaluated, according to which one of the forms of criminal prosecution is conviction. The question of the grounds for differentiating the forms of criminal prosecution is studied. Purpose: the confirming the unified nature of the criminal prosecution carried out during the pretrial proceedings, regardless of the procedural position of the person accused of committing the crime. Methods: the paper uses the general scientific methods of analysis and synthesis, a systematic approach, as well as specific scientific methods: legal interpretation and logical-legal. The methodological framework was the dialectical method. Results: the study of the common position in the science of criminal procedure, according to which criminal prosecution at different stages of its implementation consistently takes the forms of suspicion and accusation, showed its inconsistency. From the standpoint of philosophy, the content always has a determining value, and the form is always determined. Accordingly, to establish a change in the form of criminal prosecution, it is necessary to make sure that the content of this activity changes. However, the degree of proof of the person’s involvement in the crime is not reflected in the content of the accusatory activity, it remains the same. Therefore, suspicion and accusation do not form the independent forms of criminal prosecution. At the same time, the differentiation of the forms of criminal prosecution is possible, but on different grounds. Conclusions: the differentiation of the forms of criminal prosecution should be made depending on, first, the organization of procedural activities that determine the role and powers of the subject of criminal prosecution in the process of proof; secondly, the procedural status of the participant in the criminal process on the part of the prosecution and, thirdly, the content of the fact in issue.

scholarly journals THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY

2019 ◽  
Vol 7 (4) ◽  
pp. 809-812
Author(s):  
Natalia Yu. Zhilina ◽  
Esita E.Ganaeva ◽  
Marina L. Prokhorova ◽  
Denis N. Rudov ◽  
Irina V. Savelieva
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Political Rights ◽  
Legal Concept ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Age Limits ◽  
Civil And Political Rights ◽  
Criminal Legislation

Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility). Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice. Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age. Applications: This research can be used for universities and students in law. Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.

ASYMMETRIC INTERDEPENDENCE AS A BASIS FOR FINANCIAL AND ECONOMIC COOPERATION IN MODERN CONDITIONS

2020 ◽  
Vol 10 (8) ◽  
pp. 1477-1488
Author(s):  
R.V. Ozarnov ◽  
Keyword(s):  
Economic Cooperation ◽  
Raw Material ◽  
Present Stage ◽  
Scientific Methods ◽  
Economic Relations ◽  
Trade Model ◽  
National Currencies ◽  
The Face ◽  
General Scientific ◽  
The One

The article is devoted to the study of the theoretical and methodological foundations for the development of financial and economic cooperation between countries at the present stage, as well as the features of financial and economic relations diversification in order to reduce the asymmetric interdependence of countries in the face of increasing global imbalances, increased volatility of world financial markets, and the COVID-19 pandemic. The subject of this research is economic relations arising in the process of interaction between countries both on a bilateral basis and in a multilateral format. The paper deals with Russian-Chinese cooperation. On the one hand, the complementarity of the basic sectors of the economy of the two countries objectively contributes to increasing cooperation and trade. On the other hand, the asymmetric interdependence of Russia and its foreign trade partners, in particular China, contributes to the conservation of an archaic trade model based on Russian raw material export and Chinese manufacturing products. Methods for diversifying financial and economic relations are proposed, consisting in expanding the flows of foreign direct investment, using and developing technical and innovative progress, reducing transaction costs, trade and investment barriers, deepening Russian-Chinese cooperation within the BRICS, SCO and other organizations and expanding the scope of using national currencies in mutual settlements. The research is based on general scientific methods of cognition, such as analysis, synthesis, comparison, graphic interpretation of statistical information, time series. On the basis of the study, the author concluded that diversification of financial and economic relations helps to reduce the asymmetric interdependence of countries at the present stage. The novelty of the article lies in the substantiation of the phenomenon of asymmetric interdependence as a method for studying the problems and trends of financial and economic cooperation between countries, highlighting the drivers of diversification, which allows reducing asymmetric interdependence. On the basis of a comparative statistical analysis, the tendency of reorientation of Russia’s foreign economic activity towards Asian markets, in particular, the PRC market, has been confirmed.

Features of Financial and Legal Incentives of Investment Activities in the Regions

2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV
Keyword(s):  
Financial Incentives ◽  
Russian Regions ◽  
Investment Activity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.

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