scholarly journals The Theory of “Smart Regulation”: The Ideological and Historical Context of Formation

Legal Concept ◽  
2021 ◽  
pp. 12-17
Author(s):  
Vladimir Slezhenkov ◽  
Keyword(s):  
Historical Context ◽  
Legal Regulation ◽  
Theoretical Background ◽  
Methodological Framework ◽  
Effect Analysis ◽  
Smart Regulation ◽  
Cause And Effect Analysis ◽  
General Scientific ◽  
Theoretical Foundations ◽  
Controversial Nature

Introduction: the scientific interest in studying the specifics of the formation of the “smart regulation” theory is due to both its controversial nature, novelty, practical orientation, and a certain fragmentary coverage of relevant issues in Russian jurisprudence. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the general scientific dialectical, comparative law, logicalsyntactic methods, the semantic methods of cognition, as well as the methods of cause-and-effect analysis, forecasting, synthesis, and analysis. Results: the study reveals the theoretical background and socio-historical context of the emergence of the ideas of “smart regulation”, shows the features of their conceptualization and differences from previous scientific views on the phenomenon of legal regulation. The paper substantiates the conclusions about the need for an expanded interpretation of the ideological and theoretical foundations of “smart regulation”, whose specifics are due to the long tradition of the development of previous political and legal thought.

scholarly journals Termination of a Civil Contract Due to a Significant Change in Circumstances: Legislation and Practice of Post-Soviet States

Legal Concept ◽  
2021 ◽  
pp. 43-47
Author(s):  
Mohammed Alhamdawi ◽  
Maxim Nenashev
Keyword(s):  
Civil Code ◽  
Methodological Framework ◽  
Scientific Interest ◽  
Effect Analysis ◽  
Scientific Cognition ◽  
Cause And Effect Analysis ◽  
General Scientific ◽  
Significant Change ◽  
Civil Contract ◽  
Statutory Regulation

Introduction: the scientific interest in the study of peculiarities of regulating the termination of a civil contract due to a significant change in circumstances in the foreign practice is predetermined by both the discussion and lack of scientific coverage of the relevant issues, and the difficulties in interpreting and applying the relevant norms of the law of obligations in Russia. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are the general scientific dialectical, comparative legal, logical-syntactic, semantic methods of cognition, as well as the methods of cause-and-effect analysis, forecasting, synthesis and analysis. Results: the study reveals the features and main problematic aspects of the application of the rules on the termination of a civil contract due to a significant change in circumstances in a number of post-Soviet states. The paper presents the insights on the need to improve the statutory regulation of the considered grounds for the termination of a civil contract in Russia, including specifying the provisions of Article 451 of the Civil Code.

scholarly journals The Dualism of the Category “Municipal Service”

Legal Concept ◽  
2019 ◽  
pp. 76-83
Author(s):  
Danil Kononenko ◽  
Irina Eliseeva
Keyword(s):  
Public Service ◽  
Science Methods ◽  
Methodological Framework ◽  
Complex Character ◽  
Effect Analysis ◽  
Municipal Service ◽  
Cause And Effect Analysis ◽  
General Scientific ◽  
Definition Of ◽  
Two Sides

Introduction: the variety of interpretations of the category “municipal service” gives rise to semantic diversity and variability of interpretation of the concept. In this regard, the authors aim to conduct a historical research and comparative analysis of existing approaches to the definition of “municipal service”, presented in the legislation and legal science. Methods: the methodological framework for this study, which has a complex character, is a set of methods of scientific knowledge, among which the main ones are the comparative-historical, general scientific dialectical, logical-syntactic, and semantic methods of cognition, as well as the methods of cause and effect analysis, forecasting, synthesis and analysis. Results: in the paper the authors reveal the debatable aspect of the correctness of the use of the term “permanent basis” as a fundamental feature of the concept of “municipal service”, reveal its fundamental features, and study the semantic and syntactic meaning. Conclusions: the authors conclude that the cause of the variable interpretation of the concept under study in both objective and subjective senses is the interaction of these two sides of a single phenomenon, outside of which the statutory will cannot exist and be put into practice. The ways of further research in connection with the presence of the debatable theoretical legal category “public service” are also outlined.

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.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

DEVELOPMENT OF INNOVATIVE FORMS OF FINANCING IN THE DIGITAL ECONOMY

2021 ◽  
Vol 1 (5) ◽  
pp. 83-92
Author(s):  
O. A. DUBROVSKAYA ◽  
◽  
M. V. MEL’NIK ◽  
Keyword(s):  
Swot Analysis ◽  
Legal Regulation ◽  
Digital Economy ◽  
Main Method ◽  
Foreign Countries ◽  
Business Financing ◽  
Theoretical Foundations

The study presents the theoretical foundations of crowdfunding, describes its models and classifications. SWOT analysis is used as the main method. Weaknesses and strengths, opportunities and threats of alternative financing are considered. The correspondence of different models of crowdfunding to the peculiarities of the activities of enterprises is shown. Of particular interest is the organization of crowdfunding in foreign countries, where this phenomenon is not considered new and is a healthy competitor to traditional sources of business financing. The advantage of the legal regulation of crowdfunding is considering the peculiarities of many its varieties and models.

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.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

Types of law-making powers of the Ukrainian people

2021 ◽  
Vol 28 (3) ◽  
pp. 36-46
Author(s):  
Anatoliy M. Kolodiy ◽  
Olexiy A. Kolodiy
Keyword(s):  
Integrated Approach ◽  
Case Law ◽  
Methodological Framework ◽  
Scientific Methods ◽  
National Legislation ◽  
The People ◽  
Special Scientific ◽  
General Scientific ◽  
Legislative Initiative ◽  
Law Making

The relevance of this problem is considered in the fact that in modern conditions of the state's process of developing a sovereign and independent, democratic, social, and legal state, the people's awareness of its place and role is one of vital aspects. The Ukrainian people's awareness of their rights and obligations, in this case law-making ones, will contribute to a real opportunity for the people to take part in the management of state affairs. Despite the fact that the problem of the powers of the Ukrainian people is extremely relevant at this stage of the Ukrainian history, it is understudied by Ukrainian researchers. Therefore, considering the above, this study is investigates such types of law-making powers of the Ukrainian people as the rights to: people's initiative, and within its framework – people's legislative initiative and people's referendum initiative; people's veto; people's survey, including regarding regulations; people's examination of regulations and draft regulations. The purpose of the present study is to consider theoretical material concerning the state of possibility of using the above-mentioned types of law-making powers of the Ukrainian people, as well as foreign practices in their implementation. The methodological framework of this study included an integrated approach, which involves a combination of numerous philosophical, general scientific, and special scientific methods. Based on the obtained conclusions and generalisations, the study aims to develop original proposals and recommendations for improving national legislation on this matter

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