scholarly journals «Homo Dignus», the Legal Status of the Individual and Modern Constitutionalism (Russian, Comparative and International Context)

2021 ◽  
pp. 621-635
Author(s):  
Igor A. Kravets
Keyword(s):  
Human Dignity ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
Legal Capacity ◽  
Legal Analysis ◽  
Legal Concept ◽  
International Context ◽  
Legal Innovation ◽  
The Individual

The article analyzes homo dignus («a worthy person») as a theoretical, constitutional and legal concept; secular and theological approaches to understanding human dignity, differences between the Roman concept of «dignitas» and the theological concept of «image of God» («imago Dei»); the problem of constitutional-legal and wider legal regulation of human dignity in the domestic and international context is investigated. The author notes that the legal concept of an individual interacts with the legal concept of human dignity and the forms of their interaction are diverse. 1) The dignity of the individual is the legal basis for the structure and elements of the legal status of man and citizen; 2) a person possesses dignity in the case of his full legal capacity, and in the case of limited or lost legal capacity; 3) the dignity is possessed by a person who can have various relations with the state: a stateless person, a citizen, a bipatride or a polypatride, an alien in the territory of the state; 4) the idea of dignity and the idea of equality, combining in the field of law, stimulate the generation of a new paradigmatic thinking in the form of equal dignity. This article substantiates the concept of «constitutionalism of human dignity» from the standpoint of the Russian, comparative and international context. The article uses methods of discursive and comparative legal analysis, the method of constitutional design, specific historical and formal legal methods of analysis. It is concluded that a complex constitutional legal institution of the personhood dignity has been gradually forming in Russia. This institution is a constitutional and legal innovation in the structure of the foundations of the legal status of a person and citizen

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

2020 ◽  
pp. 129-135
Author(s):  
Dmitriy I. Frolov
Keyword(s):  
Public Relations ◽  
Research Methods ◽  
Religious Education ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
The Russian Empire ◽  
The Individual

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.

Legal regulation of social entrepreneurship in Russia

2019 ◽  
pp. 540-548
Author(s):  
Anna Vladimirovna Savina ◽  
Nikolay Antonovich Pridvorov
Keyword(s):  
Social Entrepreneurship ◽  
Social Enterprise ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
Social Entrepreneurs ◽  
State Support ◽  
Beneficial Result ◽  
Legal Concept ◽  
The Difference

We consider the issues of entrepreneurship and social entrepreneurship correlation; analyze the concepts definitions of “social entrepreneurship”, “socially oriented noncommercial organization”, “social enterprise”; comprehend the issues of the social entrepreneurs legal status, consider the regulatory procedure for recognizing a small or medium-sized business as a social enterprise. It is noted that the difference between “entrepreneurship” and “social entrepreneurship” depends on the goal that guides the participant in civil relations. We analyze and correlate the private-legal and public-legal foundations for social entrepreneurs support, we study the issue of social en-trepreneurship in foreign countries; attention is paid to the aspect of state support for social entrepreneurs, socially oriented noncommercial organiza-tion. We emphasize the necessity of developing a legal concept for the devel-opment of social entrepreneurship in Russia, which underlies the selection of projects that could qualify for one of the forms of state support in the field of social entrepreneurship. We consider the issue of social contract. We outline the idea of agreements differentiation concluded in the field of social entrepreneurship on the basis of the state participation in such relations. It is emphasized that agreements can be the result of proactive entrepreneurship aimed at achieving a socially beneficial result and not claiming financial support from the state, but, on the contrary, can be of a cascading nature and include no less than three parties, one of which is the state.

scholarly journals A Registration Space of the Kingdom of Spain: The Sector of the Acts of Civil Status

2021 ◽  
Vol 16 (11) ◽  
pp. 65-73
Author(s):  
I. A. Trofimets
Keyword(s):  
Social Life ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
Legal Capacity ◽  
Public And Private ◽  
Legal Relation ◽  
Civil Status ◽  
State Registration ◽  
Registration Area

A registration space of the Kingdom of Spain that covers the legal statuses of subjects and the legal  regimes of objects, is represented by three zones: international, public and private. The state registration area can be contingently divided into four sectors: Civil Status Registry Office, Notary, commercial and fiscal sectors. The  author chooses the civil status registry office sector as a subject of research, since she believes that the registration  of acts of civil status that determines the legal status of persons, identifies and individualizes participants in legal  relations, is of primary importance in the registration space. Thus, the record of the birth of a child is the beginning  of his social life (not biological). It is the record of the birth of a child that generates a stable political and legal  relation with the state expressed in the acquisition of citizenship and it confirms the chil’s legal capacity. The author  believes that the study of foreign experience of legal regulation, especially in modern conditions of digitalization,  contributes to the improvement of their own legislation.

scholarly journals Genezis of the person of the public service, as a complex element of its legal status

2018 ◽  
Vol 6 (3) ◽  
pp. 25-31
Author(s):  
V. O. Andrieiev
Keyword(s):  
Historical Development ◽  
Legal Status ◽  
Civil Service ◽  
Civil Servant ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Historical Period ◽  
Legal Analysis ◽  
Public Servant

The article is devoted to the study of the main stages of the formation and development of the oath of a civil servant, as part of his legal status. The normative legal acts regulating the oath of a civil servant during the historical development of the civil service in the territory of modern Ukraine are considered.The article concludes that at the present stage, the institute of oath of a civil servant, based on historical legal analysis and taking into account European integration processes in the field of public administration, has a sustainable development. Throughout the historical development of the oath of a public servant, the formation and development of the civil service in the territory of Ukraine played a significant role. The main factors of influence in different historical periods on the formation and development of the oath of a civil servant were armed confrontation, change in the form of government, the state-political structure of the state, and the formation of various Ukrainian states.At the same time, taking into account the complicated conditions for the historical development of the oath of a public servant, which consisted in the perception of society, a certain historical period, the legal phenomenon of «oath» as an integral part of the legal status of a civil servant, and sometimes the lack of normative and legal regulation of the institution of the oath of a civil servant, all however, played an important role in the formation of the civil service in general.Thus, all historical stages of gossip of the oath of a civil servant as a component of his legal status are important from the point of view of historical and legal study of the civil service in the territory of Ukraine, as well as normative legal acts from the point of view of fixing the oath of the civil servant.Consequently, taking into account the historical development of the oath of a civil servant, an oath is an integral part of its legal status, a factor that gives an individual the opportunity to voluntarily acquire certain rights and responsibilities, which are, first of all, in the service of their people.

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

theoretical and legal analysis of the position of the prosecutor’s office in the system of separation of powers

2021 ◽  
Author(s):  
Vladislav Topilin ◽  
Roman Fedorov
Keyword(s):  
Scientific Knowledge ◽  
Legal Status ◽  
Separation Of Powers ◽  
Executive Branch ◽  
The State ◽  
Legal Analysis ◽  
State Structure ◽  
Independent State ◽  
State Apparatus

The article is devoted to the problems of the legal status of the prosecutor’s office in the system of separation of powers. In the study, the author uses grammatical (philological, linguistic) logical, systematic and other methods of scientific knowledge. The author proposes to separate the prosecutor’s office into a separate (supervisory) branch of government, which will not belong to either the executive branch or the judicial branch, as a result of which the state will receive an independent state structure that will be able to exercise its supervisory functions independently of anyone, which will allow for better and faster suppression of possible violations by any branch of government, as well as improve the work of the state apparatus as a whole.

scholarly journals Legal regulation of price formation in Mengjiang in the context of economic function of the Mongolian Statehood: a historical-legal overview

2021 ◽  
pp. 37-46
Author(s):  
Pavel Nikolaevich Dudin
Keyword(s):  
Economic Policy ◽  
Legal Regulation ◽  
The State ◽  
Social Consequences ◽  
Price Formation ◽  
Legal Analysis ◽  
Economic Management ◽  
Independent State ◽  
Broad Array ◽  
Economic Function

The object of this article is legal regulation of the economic policy of Japan in the occupied territories of Northeast China. The subject of this research is the legal mechanism for regulating price formation in Inner Mongolia during the existence of Mengjiang State. Based on the fact that the Japanese side sought to ensure that the new political unit, i.e. the State of Mengjiang would formally comply with the attributes of an independent state, the author infers the substantive part from the economic function of the state. The goal of the article consists in carrying out a historical-legal analysis of the legal regulation of price formation in Mengjiang. The author sets the task to give characteristics to the normative legal acts of Mengjiang that pertain to price formation; reveal their meaning, content, as well as the legal and social consequences of their application. The author concludes on the effectiveness of legal instruments of economic policy implemented for controlling price formation, with reservation that the military and economic efficiency should not be confused with social and humanitarian efficiency, as it was practiced by the Mengjiang government. The author’s special contribution consists in reconstruction of the legal instruments for economic management of a large region in East Asia, as well as in updating the existing information with new facts. The scientific novelty lies in introduction into the scientific discourse of new data that was previously unknown to a broad array of researchers.

scholarly journals ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

scholarly journals Multinational (Transnational) Companies as Subjects of Public International Law // Multinacionalne (transnacionalne) kompanije kao subjekti međunarodnog javnog prava

2017 ◽  
Vol 7 (7) ◽  
pp. 110
Author(s):  
Boris Krivokapić
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Multinational Companies ◽  
Legal Capacity ◽  
Legal Personality ◽  
Transnational Companies ◽  
The One ◽  
International Legal Personality

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.

scholarly journals Ensuring Guarantees of the Rights of the Individual and the Inalienability of his Legal Status in the System of Legal Regulation

2021 ◽  
Vol 1 ◽  
pp. 21-29
Author(s):  
Alexander Vladimirovich Konovalov ◽  
Keyword(s):  
Rule Of Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Synergistic Action ◽  
The Rule Of Law ◽  
The Core ◽  
Private And Public ◽  
The Individual ◽  
Different Levels

The article is devoted to the analysis of the general principle of law — ensuring guarantees of individual rights and the inalienability of his legal status. According to the author, they are provided by the synergistic action of private and public law regulation. The article convincingly shows that private and public law is a single system of values with different levels of generalization of terms and different methodology. At the same time, it is the private legal mechanisms that are the basis, the core of the rule of law.

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