scholarly journals On Some Issues of Constitutional-Legal Regulation of Rural Life

2016 ◽  
Vol 3 (4) ◽  
pp. 80-85
Author(s):  
A A Afanasyev ◽  
S A Golovachev

In the article on the basis of scientific literature, social studies, law-enforcement practice are highlighted issues of legal regu- lation of rural life. Stresses the importance of the regulatory functions of the State based on law, proposes measures to its strengthening in achieving public policy objectives on sustainable integrated economic and social development of rural areas.

Author(s):  
Jolanta Kondratowicz-Pozorska

The aim of this paper is to present the different forms of support and the accompanying them sources of funding which were allocated for the education and development of the rural population between 2002 and 2016 and define the effects of these activities. A number of the EU policies, programs (including national ones), offers of various foundations for the rural population have been reviewed. Scientific literature, empirical materials and description of the EU and national institutions have been studied, as well as programs supporting the economic and social development of rural areas in Poland. The data required to write the article come from research institutions such as IRWiR, IERiGŻ and available GUS’s and The World Bank’s publications.


2020 ◽  
Vol 18 (4) ◽  
pp. 14-24
Author(s):  
Zulfiya Movkebayeva ◽  
Dana Khamitova ◽  
Aibarsha Zholtayeva ◽  
Venera Balmagambetova ◽  
Kairat Balabiyev

Nowadays, the modernization of the education system is the basis of dynamic sustainable economic development and citizens’ well-being. The key agent for the implementation of educational policy and the developer of the legal framework governing the functioning of the educational sphere is the state and its bodies. The Kazakhstani state policy’s main priorities in the field of education are formulated in several strategic documents. Using the review approach, this article examines the current state of public policy and legal regulation in Kazakhstan’s education sector. The article analyzes key documents that define the contours and content of the main directions of public policy and legal regulation. This article attempts to identify, review, and analyze the legal characteristics of the key process and factors existing in the legal field of Kazakhstani education, such as “Bologna factor,” “soviet legacy,” “provision of quality,” etc. The article concludes that the existing legal tools do not fully comply with law enforcement practice. The interpretations of some legal acts are somewhat different, which causes difficulties for actors providing educational services. Based on the result of the analysis, the article provides the main recommendations for improving legislation in education. Acknowledgment This article was written under grant from Kazakhstan Ministry of Education and Science No. АР05135081 “Student with disabilities and distance education learning environment: socio-practical and legal dimensions” coordinated by Prof. Dr Zulfiya Movkebayeva (Abai Kazakh National Pedagogical University).


Author(s):  
G. N. Komkova ◽  
A. V. Basova

The authors analyzed the Russian legislation, scientific literature and law enforcement practice on the nursing of newborns with extremely low body weight. They used the normative legal acts, scientific articles and court decisions on this topic. There were identified the problems of legal regulation of medical care to newborns with extremely low body weight, as well as the facts of infringement of the rights of doctors in cases of mortality of such children. The authors concluded that the legal regulation of medical care for children with extremely low body weight requires further improvement, careful analysis by medical specialists, since from a legal point of view there is no balance between the interests of children born with extremely low body weight, their parents and doctors.


2021 ◽  
Vol 74 (1) ◽  
pp. 133-142
Author(s):  
Iryna Sukhachova ◽  

The article is devoted to one of the effective means of obtaining evidence in criminal proceedings – temporary access to things and documents, the legal regulation of which is defined in Chapter 15 of the Criminal Procedure Code of Ukraine. Attention is drawn to a number of problematic issues related to the prosecutor's use of temporary access to things and documents in the exercise of the function of prosecution, the presence of which does not ensure the effectiveness of criminal procedural evidence and the effectiveness of this institution in criminal proceedings. According to the results of the study, the author concludes that the use of temporary units to temporarily access things and documents on the basis of a prosecutor's order makes it impossible to recognize the results of such action as evidence in criminal proceedings, as they do not meet the admissibility requirement. Prosecutorial oversight in criminal proceedings should not only ensure the inevitability of criminal punishment, but also ensure proper respect for human rights in criminal proceedings, respect for the individual, treatment as a person whose guilt has not yet been proven, and ensure impartiality and objectivity of the pre-trial investigation. Based on the results of the analysis of the decisions made by the investigating judge based on the results of consideration of the petitions, the author identified the grounds for the prosecutor's refusal to satisfy these petitions by the investigating judges. It is proposed to expand the procedural powers of the prosecutor as a subject of criminal procedural evidence, giving him the right to instruct operational units to conduct not only investigative (investigative) and covert investigative (investigative) actions, but also other procedural actions. Thus, taking into account the results of the analysis of scientific literature and materials of law enforcement practice, we can conclude that it is necessary to expand the procedural powers of the prosecutor as a subject of criminal procedural evidence by stating paragraph 5 Рart 2 of Art. 36 of the Criminal Procedure Code of Ukraine in the following wording: «to instruct the investigative (search) actions and covert investigative (search) actions or other procedural actions to the relevant operational units», as well as the need to supplement Part 1 of Art. 41 of the Criminal Procedure Code of Ukraine by the authority of operational units to carry out other procedural actions on behalf of the prosecutor.


Author(s):  
Chingiz Ahmedov

The article is devoted to the history of the formation and legal regulation of the activities of the lower ranks of the county police of the Russian Empire from the first half of the XIX to the beginning of the XX century. The rea-sons for the introduction of police custody in the territory of Astrakhan, Baku, Kazan, Nizhny Novgorod, Perm, Samara provinces and the Kingdom of Poland are considered by the author. The position according to which in the second half of the XIX century the im-portance of protecting public order and public safety in rural areas was actualized in the state policy of the Russian Empire is substantiated by the author. The reasons for that were the reforms carried out at that time. The most important reform was the abolition of serfdom. The lack of a sufficient number of police officials in the coun-tryside, erforming law enforcement functions, was the reason for the introduction of the institution of police village constables. On the basis of archival and other historical sources, the article shows that the activities of police village constables from the state bodies and the liberal press were evaluated differently: state structures noted the positive results of the activities of police village constables to ensure public order and the safety of society and the state; in contrast, the liberal community absolutized the distrust of the activities of police village constables and the lack of their support from the population. The existing contradictions between society and the state were one of the reasons for the destruction of the law enforcement system and the collapse of the Russian Empire itself.


Author(s):  
Vytautas Pilipavičius ◽  
Inga Vidrevičienė

Nowadays, in public administration observed high dichotomy between legal regulation of selfgovernment (de jure) and local self-government practice (de facto) – self management. This makes communication, harmony and compatibility problem between local self-organization and organization of self-management in rural areas. Today this problem is related to the formation of selfgoverning as a systematic practice of local self-government in rural areas. Research aim – an analysis of historical and cultural sites of self-government and self-management and provide guidelines for the formation of self-governing in rural areas. The research design consists of local selfgovernment and the assumptions of self-management analysis, the development of local selfgovernment, decentralization of management and local government, local government and government institutions regulatory authority, public administration, trends and prospects, and local government strategic planning contexts. Studies the use of the scientific literature and analysis of documentary sources, content and structure analysis methods. The article highlighted the historical and cultural assumptions of local self-government, and for self-management and provided guidelines for the formation of self-governing of Lithuanian rural areas.


2018 ◽  
Vol 1 (4) ◽  
pp. 112-116
Author(s):  
Vladimir Tabolin

The subject is constitutional legal issues of urbanization in Russia.The purpose of the article is to identify main constitutional legal problems of urbanization in Russia and suggest the ways of their settlement.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.Results and scope of application. Number of problems of constitutional and legal regulation and law enforcement in the context of urbanization were analyzed. The role of cities and villages in the formation of Russian society and the state, legal and socio-economic features of law enforcement in urban and rural life, the impact of scientific and technological progress on cities were studied.The author believes that the Russian Constitution is "the Constitution of cities" because almost any legal peculiarities of the constitutional legal regulation of the forms of urban and rural life are not incorporated. It is one of the causes of the degradation of the modern village. "City state" formation anticipated a number of negative factors. The author identifies the factors that determine prospects of the development of modern law enforcement in a situation of global urbanization.Conclusions. The urbanization process cannot be artificially stimulated in favor of doubtful socio-economic achievements. We can’t ignore the quality of law-creation from the point of view of realization of interests of the population and ensure effective law enforcement at all levels of government and management.


Author(s):  
Denis Tikhomirov

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.


2020 ◽  
Vol 18 (1) ◽  
pp. 108-117
Author(s):  
T.V. Klenova ◽  
◽  
A.S. Ivanov ◽  
D.A. Koneva ◽  
◽  
...  

Author(s):  
Anton Koshelev ◽  
Ekaterina Rusakova

A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.


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