scholarly journals «The Constitution of Karel Kramář»: A Draft of Presidential Republic for Russia

2020 ◽  
Vol 15 (12) ◽  
pp. 11-22
Author(s):  
D. R. Zainutdinov ◽  
A. G. Gataullin
Keyword(s):  
Legal Status ◽  
Executive Power ◽  
Scientific Methods ◽  
Liberal Democratic ◽  
Legal Method ◽  
Head Of State ◽  
Russian State ◽  
General Scientific ◽  
Study Methodology ◽  
Draft Constitution

Abstract. The paper is devoted to the examination of the possibility of establishing a presidential republic in Russia after 1917. The authors have investigated the legal stance of the conservative-liberal and liberal-democratic camps in relation to the applicability of the American constitutional model for the organization of the highest executive power. The main part of the study is devoted to the analysis of the draft “Constitution of the Russian State” compiled by the Czech statesman Karel Kramář. The paper has examined the rules of the “Constitution of the Russian State” devoted to the legal status and powers of the Head of State. The study methodology includes such general scientific methods as analysis, comparison, techniques of logic, etc. Private legal methods allowed the authors to reveal and explain the meaning of the “Constitution of the Russian State” (the method of legal hermeneutics), as well as to compare the legal categories and institutions Karel Kramář used to form a presidential republic in Russia (the comparative-legal method). The authors conclude that the draft “Constitution of the Russian State” became one of the specific reflections of “white” constitutionalism.

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.

scholarly journals FUNCTIONS OF SELF-REGULATING ORGANIZATIONS: CONTENT AND PROBLEMS OF IMPLEMENTATION

2018 ◽  
Vol 1 (4) ◽  
pp. 75-86
Author(s):  
Anna Algazina
Keyword(s):  
Legal Status ◽  
Self Regulation ◽  
Regulatory Control ◽  
Professional Activity ◽  
Scientific Methods ◽  
Professional Activities ◽  
Legal Method ◽  
Authority Relationships ◽  
General Scientific ◽  
Basic Functions

The subject. The article is devoted to the description of the basic functions of self-regulating organizations: regulatory, control, organizational and security, jurisdictional.The purpose of the article is to explore the content features of self-regulating organizations, to identify problems in their implementation and offer recommendations for their solution.Methodology. The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description); private and academic (interpretation, formal-legal method).Results, scope. Under self-regulation this article is to understand the management activities carried out by self-regulatory organizations, and consisting in the development and establishment of standards and rules of professional activity, as well as sanctions for non-compliance or inadequate performance. Set forth in the Law on SRO powers to self-regulating organizations United by the author and summarized as to their functions – activities of the SRO. The main functions of the SRO as special entities, the following:– regulatory, which manifests itself in the development of standards and rules, conditions of membership in self-regulating organizations and other internal documents SRO;– control: self-regulating organizations exercise control over the professional activities of its members;– organizational and security: an example of this function is the maintenance of the register of members of the SRO, ensuring property liability of members of self-regulating organizations to consumers of goods (works, services) and other persons forming management authorities of the self-regulating organization, lodging of statutory documents and information on the official website of SRO;– jurisdictional: SRO consider complaints against actions of members of self-regulating organization and cases on breaches of its members of the standards and rules of self-regulating organizations, conditions of membership in self-regulating organization, apply disciplinary measures against its members.Conclusions. The combination of ongoing self-regulating organizations against their members functions determines features of the legal status of SRO.Analysis of peculiarities of self-regulating organizations of these functions has allowed the author come to the conclusion that, at present, administrative and legal status of self-regulating organizations in need of further refinement, since the content of normative legal acts regulating relations in the sphere of self-regulation, often contradictory and requires improvement.In the case of mandatory self-regulation SRO vested with the special administrative-legal status, carry out in relation to their member state authority, which means that the implementation of these authority relationships are vertical.

Constitutional doctrine of “white” Russia: written and unwritten constitution

2021 ◽  
pp. 627-644
Author(s):  
Dinar R. Zaynutdinov
Keyword(s):  
Research Methodology ◽  
The State ◽  
Legal Issues ◽  
Private Law ◽  
Primary Role ◽  
Constitutional Development ◽  
Scientific Methods ◽  
Liberal Democratic ◽  
Legal Method ◽  
General Scientific

The development of constitutionalism in the anti-Bolshevik state formations during the Civil Period in Russia (1918–1920) is one of the most poorly studied historical and legal issues. In this regard, the purpose of this work is determined to investigate the influence of constitutional doctrines and teachings on the constitutional development of “white” Russia. The main at-tention is paid to the study of anti-Bolshevik legislator positions regarding the question of what the constitution of the future Russia should be – written or unwritten. We analyze the state legal views and scientific works of such lawyers as P.G. Vinogradov, V.A. Maklakov, S.A. Korf, I.A. Ilyin, L.A. Schalland and others. We prove that the representatives of the liberal-democratic and conservative-liberal legal thought played the primary role in solving this issue. The research methodology includes general scientific methods, such as analysis, comparison, methods of logic, etc. Private law methods made it possible to reveal and explain the meaning of state legal doctrines (the method of legal hermeneutics) and to compare the legal categories and institutions that the jurists of the specified period operated with (comparative legal method). In conclusion, we conclude that constitutional doctrines were an important part of the legal path of development of the “white” statehood.

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

scholarly journals Constitutionalization of legal policy in modern Russia

2018 ◽  
Vol 2 (4) ◽  
pp. 25-29
Author(s):  
D. Avdeev
Keyword(s):  
Comparative Method ◽  
Strategic Development ◽  
Legal Policy ◽  
Scientific Methods ◽  
Road Map ◽  
Legal Method ◽  
Scope Of Application ◽  
General Scientific ◽  
State And Local ◽  
Constitutional System

The subject. The paper is devoted to the constitutional basis of modern legal policy.The purpose of the paper is to confirm or disprove the hypothesis that constitutional concept of legal policy is necessary basis of reform of legal relations between constituent entities in federative state.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).The main results, scope of application. The emergence and further development of a legal policy based on constitutional provisions and norms continues to impact significantly on the organization of state and local authorities. Democracy, federalism, republicanism and legalism are the four components that can form the basis for the development of the doctrinal conception of legal policy aimed to the strategic development of these constitutional axiomatic postulates. In Russia there is no clearly defined "road map", which is based on the strategic planning of the constitutional system. The Constitution of the Russian Federation contains enough inaccuracies of both legal and technical and substantive nature.Conclusions. It is necessary to develop a concept of legal policy. Such concept is necessary basis of reform of legal relations between constituent entities in federative state.

scholarly journals ЛИНГВОПРАГМАТИЧЕСКИЙ АСПЕКТ РОЖДЕСТВЕНСКИХ ОБРАЩЕНИЙ ФИЛИППА VI

2020 ◽  
Author(s):  
Irina Selivanova
Keyword(s):  
Institutional Discourse ◽  
Peaceful Coexistence ◽  
Spanish Society ◽  
Scientific Methods ◽  
Discursive Analysis ◽  
Communicative Strategies ◽  
Head Of State ◽  
General Scientific ◽  
Universal Values ◽  
Scientific Value

Введение. Изучены стратегии и тактики речевой манипуляции в рождественских обращениях испанского монарха Филиппа VI с 2014 по 2019 гг. Материал и методы. Исследование проведено на материале шести рождественских посланий Филиппа VI, опубликованных на официальном сайте Королевского дома Испании. В работе применяются как общенаучные методы (описание, наблюдение, обобщение и систематизация), так и методы лингвистического анализа (лингвоидеологическая интерпретация, контент-анализ, дискурсивный анализ). Результаты и обсуждение. Рождественская речь анализируется в контексте политической риторики как нацеленный на публичное воздействие акт представительской коммуникации. Описываются конститутивные характеристики и коммуникативные детерминативы рождественских посланий Филиппа VI с 2014 по 2019 г. с учетом современного политического контекста Испании. Особое внимание уделяется используемым стратегиям и тактикам речевой манипуляции, обеспечивающим акт торжественного красноречия, а также центральным образам прошлого и настоящего, адресанта и адресата (общества), определяющим концептуальное пространство рождественского обращения. Научная новизна работы заключается не только в анализе коммуникативного и образного потенциала посланий монарха, но и в описании характерных признаков данного вида публичного выступления. Заключение. Рождественское обращение монарха представляет собой типичный пример направленного на воспитание определенных качеств торжественного красноречия. При этом глава государства выступает значимой общественной фигурой, обладающей правом не только толковать факты и события действительности (с целью сохранения единства нации и стабильности государства), но и обсуждать нравственные проблемы, основываясь на общечеловеческих ценностях как духовных скрепах социума. Рождественские послания Филиппа VI полностью соответствуют требованиям торжественного публичного выступления как особого коммуникативного события и характеризуются традиционным набором образов (адресата и адресанта), транслируемых ценностей (демократических и общечеловеческих) и стратегий речевого воздействия (стратегия самопрезентации, информационно-интерпретационная стратегия, аргументативная стратегия, агитационная стратегия, стратегия формирования эмоционального настроя адресата), подчеркивающих роль монарха как единственного хранителя и гаранта коллективной идентичности, процветания и стабильности государства.Introduction. The article deals with the communicative strategies and tactics of linguistic manipulation used in the six Christmas messages issued by the Spanish King Felipe VI from 2014 to 2019. Material and methods. The analysis of Felipe VI’s Christmas messages, published on the official website of the Royal House, was based on general scientific methods (description, observation, generalization, and systematization) as well as linguistic analysis methods (linguistic interpretation, content analysis, discursive analysis). Results and discussion. This article describes some features of Felipe VI’s Christmas messages (from 2014 to 2019), taking into account the current political situation of Spain. These texts are considered a ritual genre of institutional discourse and are analyzed in the context of political rhetoric. The paper is aimed to highlight how the messages are used with an ideological purpose to strengthen the image of the monarchy and to convince people of the necessity for peaceful coexistence, respect for the law, and national pride. The article also focuses on the images of the past, the present, the addressee (Spanish society) and the country. The scientific value of this paper is in describing the most popular communicative strategies and tactics of linguistic manipulation used by the Spanish King. Conclusion. The monarch’s Christmas messages can be considered a typical example of ceremonial eloquence in which the Head of State acts as a significant public figure, not only interpreting facts and events in order to preserve the unity of the nation and stability of the country, but also discussing moral issues based on universal values. It was revealed that Felipe VI tends to use a set of communicative strategies and tactics in order to underline the importance of peaceful coexistence in Spain and to emphasize his role as the only guarantor of stability, unity, prosperity and social justice.

Constitutional and Legal Institute of the Ombudsman and Specialized Ombudsman for Migration in Foreign Countries: Formation and Development

2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova
Keyword(s):  
Public Relations ◽  
Migrant Workers ◽  
Legal Rights ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
Scientific Principles ◽  
Logical Method ◽  
General Scientific ◽  
Rights And Interests

Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.

scholarly journals NORMAL BUSINESS ACTIVITIES OF THE DEBTOR IN BANKRUPTCY: CRITERIA FOR RECOGNITION AND THE IMPORTANCE OF THE GOOD FAITH OF THE COUNTERPARTY

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 140-150
Author(s):  
Дарья Владимировна КОРОЛЁВА
Keyword(s):  
Empirical Method ◽  
Good Faith ◽  
Legal Interpretation ◽  
Close Attention ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Legal Method ◽  
System Method ◽  
General Scientific ◽  
Interpretation Method

Legal scholars draw close attention to the issue of the content of normal business activities. It is still necessary to take into account not only the already systematized explanations of the higher courts on specific issues in every insolvency case, but also the dynamics of judicial practice and certain aspects of the debtor’s bankruptcy. A topical issue is whether transactions of a bankrupt debtor made during a period of suspicion and in arrears of payment can be classified as transactions concluded in the course of the debtor’s normal business activities. Purpose: to form a judgment on the conditions under which debtor`s transactions made during a period of suspicion and delay of performance may be assimilated by the court to its normal business activities. Methods: the author uses both general scientific methods (system method, empirical method) and special methods (comparative legal method, legal interpretation method). Results: the criteria for understanding transactions made during the period of suspicion and in delay of performance as the debtor’s normal business activities are defined; the importance of the good faith principle of the debtor’ counterparty is determined.

scholarly journals Prevention of Harm to Children’s Health and Development by Information Distributed During Paid Quest Entertainment

Legal Concept ◽  
2020 ◽  
pp. 97-102
Author(s):  
Evgeniya Serbina
Keyword(s):  
Law Enforcement ◽  
Practical Implementation ◽  
Scientific Methods ◽  
Legal Method ◽  
Innovative Management ◽  
Health And Development ◽  
General Scientific ◽  
Age Limits ◽  
The Innovative Management ◽  
High Degree

Introduction: the present study shows a high degree of significance of the factor of information and psychological security of minors participating in quests, which is currently at a low level. The purpose of the study is to identify the main guidelines for improving the legal implementation in the field of the quest industry in terms of evolution of the law enforcement in the context of introducing the innovative management technologies. Methods: the methodological framework for the research is presented as general scientific methods, including dialectical, inductive, deductive, analytical, statistical methods, interviewing and questioning, as well as specific scientific methods, such as the formal legal method, the method of legal interpretation, the principle of evaluating legal processes, etc. Results: the paper considers the initiatives of the National Quest Association (NQA) on the criteria for setting the age limits for quests. The problems of practical implementation of restricting access of minors to information dangerous for their mental health and development are noted. Conclusions: it is proved that there is a need to strengthen the external industry control in the field of protecting children from information that harms their health and development, as well as to improve the administrative legislation in this area.

scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.

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