scholarly journals Bioethics: from Enlightenment to return

2021 ◽  
Vol 1 (8) ◽  
pp. 53-61
Author(s):  
A. V. Pekshev
Keyword(s):  
Law Enforcement ◽  
Professional Ethics ◽  
Historical Review ◽  
Legal Regulation ◽  
National Council ◽  
The Russian Federation ◽  
Ethical Institutions ◽  
Ethical Norms ◽  
The Individual ◽  
Historical Periods

Based on the concept adopted by the Russian legislator in the field of bioethics, the articleanalyzes aspects of the formation of moral and ethical regulations as a subject of legal regulation, a historical review of the features of the perception by the individual and society of ethical norms as criteria for self-restraint of the possibility of choosing options for lawful or unlawful behavioris given. The transformation of law from the age of enlightenment to the era of return to ethical institutions is shown both in the historical periods of the outgoing era and in the examples of negative law-making of contemporaries, in order to leave the norms of ethics outside the national order.The traditional explanation of the dominance of such an approach to the legal regulation of ethical institutions is reduced to the absence of objects of legal support due to the fact that ethics is not a legal, but a moral one. De facto ethical norms are introduced into the modern legal order of the Russian Federation at the level of law enforcement activities, for example, through the adoption of Codes of Professional Ethics. The expediency of formation in Russia of the National Council on Bioethics and Biosafety is substantiated.

scholarly journals CONSTITUTIONAL CONSOLIDATION OF LOCAL SELF-GOVERNMENT: THEORETICAL AND LEGAL APPROACH

2021 ◽  
Vol 31 (3) ◽  
pp. 421-431
Author(s):  
A.A. Ivanova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Power Relations ◽  
Legal Regulation ◽  
Public Authorities ◽  
Constitutional Amendments ◽  
Municipal Administration ◽  
Basic Law ◽  
The Russian Federation ◽  
Historical Periods

In the article the topical questions of development of local self-government on the basis of requirements of the Constitution of the Russian Federation with the account of constitutional amendments are considered. The author generalizes some discussions of power relations, which are proved by constitutional fixation of local self-government in different historical periods. Theoretical and practical approaches in providing self-government tasks are considered. Attention is focused on revealing problems in legal regulation and law-enforcement practice for applying experience in modern realities. The author characterizes the innovations of the Basic Law, identifying polemical norms. Such as notion and assignment of public authorities, interaction of bodies of state power and bodies of local self-government, participation of federal and regional levels in municipal administration, formation of effective model of organization of activity of bodies of local self-government, offering some ways of solving the examined disputable moments.

scholarly journals THE LEGAL PROBLEMS OF ESTABLISHING THE ADDITIONAL GUARANTEES OF REALIZATION OF CONSTITUTIONAL HUMAN AND CIVIL RIGHTS AND FREEDOMS BY THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

2018 ◽  
Vol 1 (4) ◽  
pp. 87-95
Author(s):  
Alexander Chuklin
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Theoretical Analysis ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Practical Significance ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

The subject. The article focuses on the need to improve legislative and law enforcement activities related to the consolidation of constituent entities of the Russian Federation additional guarantees of realization of constitutional human and civil rights and freedoms.The purpose of the article is to identify main ways of improvement the legal regulation additional guarantees of realization of constitutional human and civil rights and freedoms by the constituent entities of the Russian Federation.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method.The results and scope of application. The lack of unity in understanding the essence of additional guarantees of realization of rights and freedoms requires not only theoretical analysis of this legal category, but a consistent system of the legislation, and corresponding to the system of law enforcement practice. The legal establishment of the additional guarantees of realization of constitutional human and civil rights and freedoms, due solely to the will of the legislator of a constituent entitiy of the Russian Federation aimed at the concretization of constitutional rights and freedoms as well as of the security mechanisms (legal conditions, means) of the implementation of these rights. Features of development of the corresponding constituent entitiy of the Russian Federation should be taken into account.One of the main directions of improvement of legal regulation in this field is legislative recognition of additional guarantees of realization of constitutional human and civil rights and freedoms established by the constituent entities of the Russian Federation. This concept should be reflected in the Federal law of October 6, 1999 No. 184-FZ "On General principles of organization of legislative (representative) and executive bodies of state power of constituent entities of the Russian Federation", as well as in the constitutions (charters) of constituent entities of the Russian Federation. The consolidation of this concept in the legislation will be the impetus to the theoretical analysis of this legal category, and will ultimately contribute to the improvement of the legal status of the individual.Conclusions. Improvement of regional legal policy in the sphere of establishment additional guarantees of realization of constitutional human and civil rights and freedoms by subjects of the Russian Federation has great practical significance and contributes to the theoretical knowledge of the specified legal category.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

scholarly journals Implementation of conciliation procedures in socio-cultural and legal dimensions

2021 ◽  
Vol 118 ◽  
pp. 02013
Author(s):  
Svetlana Petrovna Kazakova ◽  
Olesya Aleksandrovna Kukhareva ◽  
Ekaterina Viktorovna Tkachenko ◽  
Asiya Nailevna Yusupova ◽  
Dimitri Oleynik
Keyword(s):  
Law Enforcement ◽  
Objective Assessment ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Systematic Method ◽  
Legal Method ◽  
The Russian Federation ◽  
Dialectical Analysis ◽  
Rule Making

The study’s objective is to develop theoretical provisions revealing the conceptual features of forming and implementing conciliation procedures. The authors pay special attention to the most controversial issues that prevent their dissemination in the Russian Federation. The methodological basis of the study consisted of dialectical analysis, which allowed to evaluate the results of rule-making and law enforcement; the comparative-legal method contributed to an objective assessment of the quality of existing legislation; the systematic method allowed to interpret the categorical apparatus on the example of studying “conciliation procedures”; the method of legal modeling allowed to formulate a model of conciliation procedures, which has a separate, independent place in the legislation of several countries. The result of the work was to draw attention to the meaning of “conciliation procedures” in its empirical and functional aspect and to prove that conciliation procedures, with their objective and subjective justification, are a fundamental category of modern objective law, in which the freedom of choice of subjects of law is not limited to permissive and administrative means, but must be justified by the essence of the dispute being resolved and the final result. The study’s novelty is the conclusion that in some cases, the reference to legislation providing for “conciliation procedures” for legal entities is not always consistent and does not reflect its ontological nature. For, conciliation procedures, expressing an example of the permissive rule of Russian legislation with the peculiarities of its legal regulation of certain legal institutions, should be aimed at developing voluntary settlement by the parties to a legal dispute as a special type of social conflict.

THE INFLUENCE OF THE NEW REGULATION OF DIGITAL RIGHTS ON JUDICIAL PRACTICE

2020 ◽  
pp. 27-39
Author(s):  
Vladimir G. Blinov ◽  
Viktoriya V. Blinova
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Research Topic ◽  
Digital Rights ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Available Information ◽  
Digital Assets

A huge interest in learning digital technologies is noted these days. However, at the same time it is necessary to note insufficient degree of available information on this topic, which is due to this phenomenon's novelty. The relevance of the research topic is determined by the need to analyze comprehensively the litigation practice on applying the legislation on digital rights. The need for this research is due to the lack of a comprehensive legal regulation of new digital technologies, lack of uniform judicial practice on applying the legislation on digital rights. This paper considers and analyzes modern law enforcement approaches to cryptocurrency as an object of civil rights, to transactions with cryptocurrency, dissemination in the Internet of information about cryptocurrency as a virtual means of payment and saving in the territory of the Russian Federation, taxation of digital assets existing in litigation practice. The legal positions of the Bank of Russia, Rosfinmonitoring, FTA of Russia on problematic issues of digital rights are investigated.

Systematization and improvement legal regulation of the use of artificial intelligence in law enforcement

2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Ethical Issues ◽  
Legal Regulation ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Effective Work ◽  
The Russian Federation

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.

PROBLEMS OF LEGAL REGULATION OF CRIMINAL RESPONSIBILITY FOR TRANSPORT SECURITY REQUIREMENTS VIOLATION

2018 ◽  
pp. 58-68
Author(s):  
L.Y. Larina
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Individual Characteristics ◽  
Security Requirements ◽  
The Russian Federation ◽  
The Government ◽  
Legislative Structure ◽  
The Individual

The study of the problems of legislative regulation of criminal responsibility for transport security requirements violation is due to the necessity to ensure it as part of national security. The purpose of the study is to identify the shortcomings of the legislative structure of article 263.1 of the Criminal Code of the Russian Federation, preventing its effective application in practice, and suggest ways to overcome them. In the research on the basis of comparison of the content of article 263.1 of the Criminal Code of the Russian Federation with the norms of the Federal Law “On transport security” and Decrees of the government of the Russian Federation analyzed some blank signs of transport security requirements violation. In the study we identify deficiencies of the legislative construction of article 263.1 of the Criminal Code of the Russian Federation, the necessity of its correction, and formulate proposals for changing the individual characteristics and the sanctions of article 263.1 of the Criminal Code of the Russian Federation. In particular we discuss the proposal to change the sanctions of part 1 of article 263.1 of the Criminal Code of the Russian Federation in connection with the inconsistency with the sanction of part 1 of article 118 of the Criminal Code of the Russian Federation. In addition, it is proposed to expand the range of subjects of crime under part 2 of article 263.1 of the Criminal Code of the Russian Federation.

scholarly journals ENTREPRENEURIAL ACTIVITY OF INDIVIDUALS AND LEGAL ENTITIES IN THE RUSSIAN FEDERATION

2018 ◽  
Vol 6 ◽  
pp. 448-453
Author(s):  
Tatyana Skvortsova ◽  
Аnna Nikitina ◽  
Mustafa Ansari ◽  
Margarita Tertyshnikova
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Non Profit ◽  
The Russian Federation ◽  
Income Generating Activities ◽  
Non Profit Organizations ◽  
Business Entities ◽  
Entrepreneurial Activities ◽  
Legal Entities

Entrepreneurial activity is pursued by large, medium and small business entities which can be introduced by individuals – individual entrepreneurs and legal entities – commercial and non-profit organizations. The entrepreneurial activity of these entities is regulated by the rules of law which may cause problems in law enforcement resulting in the improvement of legal regulation. The article provides a review of some legal regulation issues of entrepreneurial activities of non-profit organizations, the analysis of peculiarities of economic activity exercised by these organizations and covers the problems of differentiation between entrepreneurial and non-entrepreneurial activities that individuals are engaged in. The authors analyze the problem of relations between the concepts of "entrepreneurial activity" and "income-generating activities" which requires a solution by means of elaborating a strategy for existing legislation improvement to prevent situations that violate the rights and legal interests of entities in the sphere of entrepreneurial activity.

scholarly journals Maintenance of unity and territorial integrity of Russia: some constitutional legal problems

2018 ◽  
Vol 2 (1) ◽  
pp. 91-103
Author(s):  
Svyatoslav V. Ivanov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Territorial Integrity ◽  
Legal Method ◽  
The People ◽  
Legal Space ◽  
The Russian Federation ◽  
State Registration

The subject. The article is devoted to the analysis of public authorities’ activities in order to strengthen unity of domestic legal space and the people of Russia with regard to constitutional legal support of the state unity and territorial integrity of the Russian Federation.The purpose of the article is to make a critical analysis of implementing a system that consists of constitutional legal rules and procedures of regulatory impact on the unity of domestic legal space and the people of Russia with the aim of increasing the effectiveness of their implementation.The methodological basis of the study includes general-scientific methods (analysis and syn-thesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal acts).Results, scope. Consistent constitutional legal support of the state unity and territorial integrity of the Russian Federation requires elimination of defects and gaps in legal regulation and improvement of law enforcement practice. In particular, it is necessary to eliminate the practice of denial of a state registration of political parties on insignificant formal grounds in order to implement guarantees of the unity of the people of Russia.Conclusions. The consistent strengthening of the unity of domestic legal space and the people of the Russian Federation is of paramount importance to the constitutional and legal support of its state unity and territorial integrity. It is necessary to eliminate a number of legal defects and to make law enforcement practice more effective in order to implement these constitutional values.

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