scholarly journals Bioethics in the Context of Law-Making and Law Enforcement (Surrogate Motherhood)

Lex Russica ◽  
2019 ◽  
pp. 29-39 ◽  
Author(s):  
V. V. Momotov
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Legal Order ◽  
Complex Nature ◽  
Surrogate Motherhood ◽  
Public And Private ◽  
Legal Literature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Law Making

The article is devoted to one of the most topical issues for the Russian legal order, namely: the regulation of surrogacy. This topic, unfortunately, is not sufficiently covered in the scientific and legal literature due to its novelty and a complex nature of bioethical problems.This article provides an overview of normative legal acts regulating surrogacy, Russian and international law enforcement practice in this area, as well as legal approaches existing in other legal orders. Particular attention is paid to the latest trends and approaches associated with the adoption of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 16, 2017, “On the application of legislation by courts in cases related to the establishment of the origin of children.” At the same time, attention is paid to both public and private law aspects of the phenomenon in question. 

Cybersecurity and Its Maintenance in the Russian Federation

2021 ◽  
pp. 104-109
Author(s):  
Anatoly Yu. Olimpiev ◽  
◽  
Irina A. Strelnikova ◽  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Russian Federation ◽  
The State ◽  
Law Enforcement Agencies ◽  
State Security ◽  
Legal Literature ◽  
Level Of Economic Development ◽  
The Russian Federation ◽  
Criminal Legislation

The problematic issues of ensuring cybersecurity in the Russian Federation are investigated in the article. Based on the analysis of legal literature and normative legal acts on crimes in the field of computer information in the criminal legislation of the Russian Federation and countering them, several judgments are made. The state of crime in the field of computer information is largely determined by the level of economic development of any state, including the Russian Federation as a subject of international law. Computer information, as social interaction, is protected by the criminal legislation of the Russian Federation. Counteraction in the field of computer information involves the formation of special units in a number of law enforcement agencies (first of all, in the state security bodies and in the internal affairs bodies) staffed with employees with additional competencies in the field of computer technology.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Scientific Commentary on the Review of Judicial Practice on Some Issues of the Application of Legislation on Business Entities

2021 ◽  
Vol 6 ◽  
pp. 27-32
Author(s):  
V. K. Andreev ◽  
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Business Entities ◽  
Law Making

The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of individual regulation of public relations. Focusing on Art. 6 of the Civil Code of the Russian Federation and Section 6, Art. 12 of the APC RF shows the validity of dividing wrong into two types of wrong: the «moderate» type of «judicial law-making and the position of the court» and the «radical» type of «judicial law-making», when the court develops the rule of law, which contradicts the constitutional principle of separation of powers. When resolving corporate disputes, it is necessary to investigate whether the charter of a non-public company does not contain the rights and obligations of its participants, which they themselves created by making a unanimous decision and including them in the charter of the company (paragraph 3 of Art. 66.3 of the Civil Code of the Russian Federation, paragraph 3 of Art. 14 of the Law about LLC).

The Institutionalization of a Process

2016 ◽  
Vol 13 (2) ◽  
pp. 308-340
Author(s):  
Gloria Fernández Arribas
Keyword(s):  
Decision Making ◽  
International Law ◽  
International Organizations ◽  
Legal Order ◽  
International Organization ◽  
Soft Law ◽  
Decision Making Process ◽  
Main Task ◽  
Kimberley Process ◽  
Law Making

The Kimberley Process represents a new method of international cooperation between subjects of international law. It was named by its creators as a process, setting it apart from international organizations, and leading too to its consideration as informal international law-making or soft law. In this study we shall analyze the extent to which the Kimberley Process falls into these categories. Our main task, however, is to compare it to formal international organizations, with a view to establishing whether what really has been created is an institutionalization process that is like an international organization, but with a different name. To do this, we will analyze with reference to the Kimberley Process the various respective fields of international organizations, such as founding agreement, membership, structure, decision-making process and legal order.

Seismic Shifts: The COVID-19 Pandemic’s Gendered Fault Lines and Implications for International Law

2021 ◽  
Vol 39 (1) ◽  
pp. 91-104
Author(s):  
Shruti Rana
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Order ◽  
Private Life ◽  
Legal Order ◽  
Public And Private ◽  
State Action ◽  
Role Of The State ◽  
International Legal Order ◽  
Fault Lines

Abstract The Covid-19 pandemic and related shutdowns created seismic shifts in the boundaries between public and private life, with lasting implications for human rights and international law. Arriving just as the international legal order was wobbling in the wake of a populist backlash and other great challenges, the pandemic intensified fault lines of marginalisation and state action, amplifying the forces that had already left the liberal international order in crisis and retreat. This article examines the pandemic’s impacts on the international legal order through a gendered lens. It argues that in the short-term, the pandemic has reinforced public-private divides in international law, reinvigorating previous debates over the role of the state in protecting its people from harm. It argues that in the long-term, these developments threaten to unravel the most recent gains in international law and global governance that have supported and expanded the recognition of human rights to marginalised groups. Left unaddressed, this unraveling will further entrench such divides and contribute to the further retreat of the liberal international order. Examining these fault lines and their implications can help us re-imagine a post-pandemic international legal order that offers more protection for human rights, even as multilateral institutions and cooperation sputter or fail.

qualification of crimes

2021 ◽  
Author(s):  
Vladislav Antonov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Law Students ◽  
Practical Application ◽  
The Supreme Court ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Methodological Aspects

The textbook examines the theoretical aspects of the qualification of crimes, highlights the problems of practical application of the norms and institutions of criminal legislation. The paper analyzes the concepts and categories of criminal law, reveals the organizational and methodological aspects of the legal assessment of criminal encroachments. When preparing the manual, materials of judicial and investigative practice, guiding explanations of the Plenum of the Supreme Court of the USSR, the Russian Federation were used. The manual is addressed to law enforcement officials, lawyers, investigators, law students and anyone interested in the qualification of crimes.

Law enforcement practice in the field of budget: theoretical-legal and judicial-arbitration aspects

2021 ◽  
Author(s):  
Hristina Peshkova ◽  
Vladimir Pachkun
Keyword(s):  
Law Enforcement ◽  
Graduate Students ◽  
Russian Federation ◽  
Financial Control ◽  
Constitutional Court ◽  
Educational Organizations ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation

The monograph examines the practical aspects of the application of the budget legislation of the Russian Federation in judicial practice — the practice of the Supreme Court of the Russian Federation and arbitration courts, as well as the functions of the Constitutional Court of the Russian Federation on the interpretation of budget legislation. The article analyzes the theoretical and legal provisions of law enforcement activities in the field of the budget, as well as the categories of budget and legal science. For legal scientists, graduate students, students of legal educational organizations, as well as practitioners of courts, financial control bodies and other state and municipal institutions.

1. The nature of international law and the international legal system

2019 ◽  
pp. 1-15
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
Legal System ◽  
Vertical Structure ◽  
Legal Order ◽  
Sovereign Equality ◽  
System P ◽  
International Legal System ◽  
International Adjudication ◽  
Peremptory Norms ◽  
Law Making

This chapter briefly discusses the nature of the international legal system. The premise is that the structure of the international legal system is fundamentally different from that of national legal order: contrary to the vertical structure encountered in domestic settings, in international law the structure is horizontal. States enjoy sovereign equality, while both international law-making and international adjudication are based on the consent of the States. There are various theories that have attempted to describe the nature of the international law, including naturalism, positivism, formalism, and realism. Also significant is the existence of a certain hierarchy in the international legal system, in the sense that there are some peremptory norms of international law, such as the prohibition of torture and genocide, to which there is no derogation.

1. The nature of international law and the international legal system

2017 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
Legal System ◽  
Vertical Structure ◽  
Legal Order ◽  
Sovereign Equality ◽  
System P ◽  
International Legal System ◽  
International Adjudication ◽  
Peremptory Norms ◽  
Law Making

This chapter briefly discusses the nature of the international legal system. The premise is that the structure of the international legal system is fundamentally different from that of national legal order: contrary to the vertical structure encountered in domestic settings, in international law the structure is horizontal. States enjoy sovereign equality, while both international law-making and international adjudication are based on the consent of the States. There are various theories that have attempted to describe the nature of the international law, including naturalism, positivism, formalism, and realism. Significant is also the existence of a certain hierarchy in the international legal system, in the sense that there are some peremptory norms of international law, such as the prohibition of torture and genocide, to which there is no derogation.

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