scholarly journals Right of Citizens to Participate in the Administration of Justice: Concept, Legal Nature and Content

2020 ◽  
pp. 066-075
Author(s):  
Yu. S. Cheremisina ◽  
Keyword(s):  
Russian Federation ◽  
Legal Systems ◽  
Legal Study ◽  
Administration Of Justice ◽  
Legal Nature ◽  
Legal Foundations ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
The Republic ◽  
The Right

The article is devoted to a comparative legal study of the consolidation, content and mechanism of the implementation of the right to the administration of justice in the Russian Federation, the Republic of Kazakhstan, and the Republic of Belarus. The article reveals the normative legal foundations of the right to administer justice in the Russian Federation, the Republic of Kazakhstan, the Republic of Belarus, securing the place of the right to administer justice in the system of rights, the significance of this right for citizens, the way of securing the right in law. The author analyzes the powers of the right to administer justice from the position of researchers of the theory of subjective law. Attention is paid to the requirements for persons who have expressed a desire to exercise the right to administer justice as a jury, arbitration, and people’s assessors, judges in the legislation of the Russian Federation, the Republic of Kazakhstan, and the Republic of Belarus. The author analyzes the validity of professional and reputation requirements enshrined in legislation. The result of the research in the article was the identification of similarities and differences in the mechanisms for the implementation of the right to the administration of justice in the above legal systems.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

To the Question of Private Ownership of Agricultural Land in Russia and Kazakhstan: Comparative and Legal Analysis

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Алмагуль Дюсюпова ◽  
Almagul Dyusyupova
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Scientific Article ◽  
Private Ownership ◽  
Legal Analysis ◽  
Theoretical Understanding ◽  
The Russian Federation ◽  
The Republic ◽  
Economic Perspectives ◽  
The Right

Socio-economic nature and legal content of private ownership of agricultural land in the Russian Federation and the Republic of Kazakhstan have accumulated new features that have not yet received sufficient theoretical understanding, scientific analysis and cross-light. This scientific article deals with the right of private ownership of agricultural land under the laws of Russia and Kazakhstan. The article describes the formation and development of the institution of private ownership of land in the Russian Federation and the Republic of Kazakhstan from the philosophical, historical, legal and economic perspectives. The author determines the legal essence, the characteristics and features of private ownership of agricultural land under the new economic conditions in the competitive environment. The author makes an attempt to understand the formation and development of this institution at the present stage of the development of our society.

scholarly journals Job Description as a Way of Determining the Employee's Duties

2018 ◽  
pp. 145-152
Author(s):  
T. A. Darbinyan
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Clear Understanding ◽  
Structural Element ◽  
Job Description ◽  
Labor Contract ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Right

The problem of the lack of a clear understanding of the legal nature of the employee's job description in the legislation and law enforcement practice is considered. The priority is given to the conditions of the labor contract regarding the labor function in relation to the job description, including disputes related to the establishment and change of the employee's duties. The employee's labor duties are considered as a structural element of the labor contract. The right of the employer to determine the labor obligations of the employee at his own discretion is substantiated. At the same time, the criteria restricting this right are singled out. Based on the example of law-enforcement practice, the specifics of applying qualification directories in determining the employee's duties are also considered. It is proposed to make clarifications of some norms of the Labor Code of the Russian Federation, namely of Art. 21 and 22, with an indication of the establishment of work responsibilities by the employer. These measures will make it possible to avoid collisions that arise in connection with the definition and establishment of the employee's work duties.

scholarly journals Regulatory sandboxes: comparative-legal study on the institution of experimental legal regimes in the Russian Federation and regulatory laboratories in Georgia

2021 ◽  
pp. 102-113
Author(s):  
Vladislav Olegovich Makarov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Large Array ◽  
Federal Law ◽  
Legal Study ◽  
Legal Regimes ◽  
National Bank ◽  
The Russian Federation ◽  
Similarities And Differences

This article carries out a comparative-legal study of the institution of regulatory sandboxes in the Russian Federation and Georgia. Based on the information acquired upon the request of the National Bank of Georgia, the author examines the normative regulation of regulatory laboratories of Georgia – Decree of the President of the National Bank of Georgia No. 110/04 of May 25, 2020 “On the Approval of Establishment of Regulatory Laboratories by the National Bank of Georgia and their Use", as well as its comparison with the federal law and normative acts that regulate experimental legal regimes in Russia. The application of comparative-legal methods allows determining the similarities and differences in legal regulation and practice of implementation of such institutions in the Russian Federation and Georgia. Description is given to the terminological differences in legislation on legal experiments of the two countries, as well as the differences in the model of legal regulation of the institution of experimental legal regimes: comprehensive regulation by means of the federal law and normative acts in the Russian Federation, and overall regulation solely by the Decree of the President of the National Bank of Georgia. Georgia allows experimental regulation applicable exclusively to financial technologies, while the Russian Federation allows for a broader scope of implementation. This substantiates the differences in the requirements of initiators and authorities that regulate such legal experiments. The conclusion is made on the more successful practice of implementation of legal experiments in the sphere of financial technologies in Georgia, despite the absence of special law or large array of developing legislation.

scholarly journals The right to a favorable environment as a constitutional and environmental right

2019 ◽  
pp. 165-175
Author(s):  
I. O. Krasnova
Keyword(s):  
Environmental Quality ◽  
Russian Federation ◽  
Environmental Legislation ◽  
Public Interests ◽  
Legitimate Interest ◽  
Favorable Environment ◽  
Legal Nature ◽  
The Russian Federation ◽  
Environmental Relations ◽  
The Right

The legal uncertainty of the right to a favorable environment revealed by science is noted, which impedes its implementation. Two positions of scientists are analyzed — recognizing the right to a favorable environment as a subjective right and as a legitimate interest. As the right to a favorable environment is proclaimed in the Constitution of the Russian Federation and enshrined in environmental legislation, the author comes to the conclusion about the double legal nature of law. As a subjective right, it is directly enshrined in the Law “On Environmental Protection” and extends to a narrow circle of environmental relations to ensure environmental quality, and as a constitutional one, it expresses public, public interests enshrined in the preambles and principles of laws, in political and legal acts.

scholarly journals Regional Features in the Legislation of the Republic of Mordovia on Education

REGIONOLOGY ◽  
2019 ◽  
pp. 290-309
Author(s):  
Anastasia I. Beliaikina
Keyword(s):  
Russian Federation ◽  
Open Data ◽  
Legal Regulation ◽  
Right To Education ◽  
Education Material ◽  
Regional Features ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

Introduction. Education is of priority interest for the state. The future of Russia, its economic development, and the level of welfare in the society largely depend on its quality. Therefore, identification and study of the peculiarities of the legal regulation of the right to education in the regions of Russia is a relevant topic. The purpose of this paper is to investigate the legislation of the Republic of Mordovia on education, to identify whether consideration is given to socio-economic, national, geographical, ethnocultural, demographic and other features of the region when laws are made. Materials and Methods. The rules of the current legislation of the Russian Federation and the Republic of Mordovia on education were used as the materials for the study. Open data from municipal budgetary educational institutions of the Republic of Mordovia formed the information base of the research. The study employed the method of systemic and structural analysis, that of comparison, as well as the formal logical method. Results. The study has revealed the peculiarities of the region taken into account in the Republic of Mordovia in the process of rule-making in the field of education: the ethnic, economic, geographical, and socio-economic ones. It has been established that in the Republic of Mordovia additional guarantees are provided for the realization of the constitutional right to education: material support is provided to orphans and children left without parental care whose tuition is paid for from the federal or republican budget. Discussion and Conclusion. The research results made it possible to draw the conclusion that consideration of the peculiarities of Mordovia in regional legislation on education is at the appropriate level. Further research may be associated with identifying the regional features and introducing them into the legislation of the constituent entities of the Russian Federation. The data obtained will be useful to regional authorities and administrations of municipal districts when drafting regu­lations and drawing up programs for the development of education in the region.

scholarly journals Constitutional and legal analysis of the legal nature of public control of power

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 395-401
Author(s):  
Vitaly Viktorovich Goncharov
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Legal Analysis ◽  
Public Control ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Right

This article is devoted to the constitutional legal analysis of the legal nature of public control of power.  We affirm that a study of the legal nature of the concept of “public control of power” in constitutional law will allow us to identify specific priorities for ensuring the exercise of the right of citizens of the Russian Federation to exercise public control.

scholarly journals ON THE STATE REGISTRATION OF A RIGHT: ON THE EXAMPLE OF THE RIGHT OF THE SURVIVING SPOUSE TO A SHARE IN JOINT PROPERTY PURSUANT TO PARAGRAPH 2 CLAUSE 4 ARTICLE 256 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 3 ◽  
pp. 44-47
Author(s):  
Kamil M. Arslanov ◽  
Keyword(s):  
Russian Federation ◽  
General Rule ◽  
Civil Code ◽  
The State ◽  
Civil Proceedings ◽  
Legal Nature ◽  
The Russian Federation ◽  
State Registration ◽  
The Right ◽  
Joint Property

In the course of the ongoing reform of civil legislation the Civil Code of Russian Federation was amended in 2018, including Art. 256 (paragraph 2, item 4) regarding the legal fate of common joint property of spouses after the death of one of them. In the notarial practice the question arose in this regard as to whether the surviving spouse can be considered the owner of the property in the absence of state registration of the ownership right and, accordingly, in the future to be the heir to such property. This predetermines the question about the meaning of the state registration itself as a legal procedure in civil proceedings. It is concluded that the state registration for the case of paragraph 2, item 4 of Art. 256 of the Civil Code of the Russian Federation is not of a legal nature and has a procedural meaning of formalization of legal relations. Thus, this is one of the exceptions from the general rule on the need for state registration for the recognition of the existence of ownership of real estate.

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