scholarly journals The Problem of Determining the System of Private Law and the Model Law «On Entrepreneurship»

2017 ◽  
Vol 4 (4) ◽  
pp. 13-19
Author(s):  
A A Bogustov
Keyword(s):  
Legal Regulation ◽  
Private Law ◽  
Legal Systems ◽  
Business Law ◽  
Legal Doctrine ◽  
Scientific Methods ◽  
Positive Law ◽  
Analysis And Synthesis ◽  
Model Law ◽  
Harmonization Of Law

The article examines the problems caused by the adoption of a Model law on entrepreneurship. The consequences of the possible inclusion this statute in national legal systems are analyzed. The common and private methods of scientific knowledge are put in a basis of research. At a spelling of work such general scientific methods of research, as supervision, the description, a method of the analysis and synthesis, an induction and deduction, and as methods of rather comparative-law and historical-law research were used. It is concluded that the Model Law on Entrepreneurship, which seeks to introduce the dualism of private law in the national legal systems of the post-Soviet countries, is not only unable to make legal regulation of economic activity more effective, but also to create new problems in this area. They are in the delineation of civil and business law, the impossibility of clearly establishing the boundaries of their actions, duplicating the legal material. In addition, there arise the question of the need to adopt certain model laws both in terms of their practical influence on the development of positive law and the improvement of legal doctrine. Inadequate scientific justification of the recommendations may lead to the rejection of their national legislators and the impracticability of the harmonization of law in the post-Soviet space.

scholarly journals Legal Convergence as a Trend of Global Legal development. Review of the Monograph: Bezborodov Yu.S. “Methods and Forms of Legal Convergence in International Law”. Moscow, Prospect, 2020. 240 p. (in Russian).

2020 ◽  
pp. 145-153
Author(s):  
R. M. Khalafyan
Keyword(s):  
International Law ◽  
Methodological Approach ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Phase ◽  
Legal Systems ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Social Phenomena ◽  
Scientific Methods

INTRODUCTION. The review reflects the specifics of the methodological approach, implemented by Yu.S. Bezborodov in the analysis of the current phase of interaction between national legal systems and international law. Reference is made to the creation of a new conception that employs the notion of legal convergence to reveal the mechanism of getting national legal systems affinitive to each other. Attention is drawn to the content of legal convergence, the reasons for its dissemination, the link with international law as well as the correlation of convergence with related categories – globalization, universalization, sovereignty, etc. The author’s views on the interrelation between sovereignty and supranationality, universalization and localization as conditions of functioning of international law, constituting the predominant basis of convergence of national legal systems, are presented. The evaluation is given to the author’s position concerning the methods of legal convergence, in particular international legal integration. The emphasis is given to correlation of the presented forms of legal convergence. It is pointed out that comparative and legal analysis of integration in different regions of the world, including in the post-Soviet space, is important for understanding the current results of legal convergence.MATERIALS AND METHODS. The study is based on the conclusions and approaches formulated in the peer-reviewed monograph as well as the materials of the domestic and international legal doctrine on the subject-matter concerned. In writing the review the author used general and special scientific methods.RESEARCH RESULTS. The convergence of national legal systems and international law is influenced by different processes either inherent to the mechanism of international legal regulation or extraneous to it. They are distinguished by their considerable specificity and varied character. However, they do not impede legal convergence to be realized through various forms and methods.DISCUSSION AND CONCLUSIONS. The review of the scientific work led to the following conclusions: a) the author managed to present his own non-contradictory conception of convergence of national legal systems and demonstrate its connection with a number of current social phenomena; b) the monograph provides convincing arguments for the proposed forms and methods of legal convergence; c) the comparative legal characteristics of the regional international integration organizations are detailed and allows to form quite complete and correct comprehension of them. In addition, the review outlines a number of issues interesting for further discussion.

scholarly journals Correlation between the principle of justice and legal axioms

2020 ◽  
pp. 64-78
Author(s):  
Anton Nikolaevich Rundkvist
Keyword(s):  
Legal Regulation ◽  
Constitutional Court ◽  
Scientific Methods ◽  
Legal Principles ◽  
Original Definition ◽  
Principle Of Justice ◽  
Analysis And Synthesis ◽  
Primary Reference ◽  
General Scientific ◽  
New Perspective

The objects of this research are the principle of justice as a universal fundamental, cornerstone and key cohesive general legal superprinciple and the legal axioms as transmitters of most objectified legal justice reflected in simple and clear formulations. The subject of this research is correlation between the aforementioned concepts, which allows looking at the problem of indeterminacy of the content of the principle of justice from a new perspective, namely through indicating the violation of legal axioms as one of criterions of ultimate injustice. Methodological framework is comprised of the general scientific methods of deduction, induction, analysis and synthesis, as well as sociological method of content analysis used examination of the materials of law enforcement practice of the Constitutional Court of the Russian Federation. The work yielded the following results: 1) substantiation is made on the key role of the principle of justice in law as a whole; 2) an original definition is given to the legal axioms ; 3) demarcation is drawn between legal axioms and legal principles in accordance with the criteria of external manifestation, evidence of conformity or nonconformity, nature of action, and depending on the presence or absence of systemic links, which is important from theoretical and practical perspectives, 4) a direct correlation is established between noncompliance with legal axioms and the loss of baseline claim to justice by legal regulation. The theoretical novelty of this work consists in the fact that legal axioms that establish the generally accepted imperative rules are viewed as a primary reference point for resolving the issue on possible violation of the principle of justice

scholarly journals Transformation of the Civil Right to the Freedom of Expression in the Internet

2018 ◽  
Vol 4 ◽  
pp. 43-47
Author(s):  
Ksenia A. Ivanova ◽  
Keyword(s):  
Information Exchange ◽  
System Analysis ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
Practical Significance ◽  
Scientific Article ◽  
Global Information ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Right

Purpose. The purpose of the scientific article is to study the modern information society, as well as to consider the conditions for the development of global information and communication networks, the global information exchange system. The author has studied the current legal regulation of freedom of speech to achieve this goal. Methodology. The article applies general scientific methods of system analysis and synthesis, as well as private scientific methods: comparative, sociological. The use of methods of analysis and synthesis will determine the key scientific concepts for research. In addition, an institutional research method will be used. On its basis, in particular, the originality of the forms of regulation of the right to freedom of opinion has been revealed; specificity of regulation of restrictions of this right. The article concludes that the existing regulation does not correspond to the level of development of public relations. The fact that there are no legal instruments that can prevent the falsification of information in the media indicates that there are problems in ensuring the right of citizens to freedom of expression in cyberspace, which ensures the relevance of the study. Scientific and practical significance. Within the framework of the research, a complex scientific theoretical and legal analysis of the constitutional and legal category “the right of citizens to freedom of opinion” in cyberspace was carried out; a comparison of Russian and foreign legislation. Results. It was suggested that the concept of the right to freedom of opinion in cyberspace be structured into separate elements. Following the logic of the proposed classification, the author proposes the main directions of improving the legal regulation of this right. The significance of the study is made by proposals to improve Russian legislation in the sphere of securing the right of citizens to freedom of opinion, as well as further development of mechanisms for the realization of this right in cyberspace.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals Development Trends of Non-Financial Reporting in the Creation of the Information Base of Economic Entities’ Sustainability Analysi

2019 ◽  
Vol 6 (3) ◽  
pp. 15-24
Author(s):  
D. A. Pankov ◽  
L. S. Makhanko
Keyword(s):  
Sustainable Development ◽  
Financial Reporting ◽  
State Level ◽  
Legal Regulation ◽  
Nonfinancial Information ◽  
Factors Affecting ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
Legal Administration ◽  
Comparison Of The Results

The development of international financial markets, the need for continuous monitoring of the effectiveness of investments have exacerbated the problem of disclosing information about the economic entities’ activities. The traditional format of financial reporting is supplemented by reporting on sustainable development or non-financial reporting. The study based on the empirical material substantiates the trend of disclosure of open access characteristics of sustainable development in the absence of legal regulation of the procedure for compiling and submitting non-financial reporting; the main indicators for assessing the parameters of sustainable development are distributed according to the frequency of initiative disclosure; based on the methods of statistical comparison of the results of sample observations, the main factors affecting the degree of nonfinancial information presentation are revealed in conditions when the relevant issues are not regulated at the state level and the legal administration of the process described is not applied. The study used general scientific methods, including analysis and synthesis, comparison, grouping, the method of analogies, as well as methods of statistical analysis.

scholarly journals Doctrinal foundations of goal-setting in the institute of punishment

2021 ◽  
Vol 230 (7) ◽  
pp. 15-21
Author(s):  
IVAN V. DVORJANSKOV ◽  
Keyword(s):  
Goal Setting ◽  
Criminal Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
Penal System ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
Legal Norms ◽  
Theoretical Approaches ◽  
Analysis And Synthesis

The article examines the doctrinal (scientific) foundations of goal-setting in the institute of punishment, the evolution and modern content of the goals of punishment, theoretical approaches to their formation and connection with the conceptual provisions of the state's criminal policy, factors and criteria for goal-setting in criminal law. The analysis of the current state and prospects of regulation of the goals of punishment and their legal regulation is presented. Monuments of domestic law and modern Russian legislation, scientific literature on the topic of the work are the subject of the article. The purpose of the study is to identify the problems of compliance of the goals of punishment with the modern criminal policy of Russia on the basis of studying the legal nature, doctrinal base, and social conditionality of the goals of punishment. The methodological basis of the research was formed by the dialectical method, analysis and synthesis: comparative and legal; retrospective; formal legal; logical; comparative. Specific scientific methods were also used: legal-dogmatic and the method of legal norms interpreting. As a result of the work carried out, the doctrinal foundations, evolution and modern legal regulation of the goals of punishment were studied, a critical analysis of the modern goals of punishment was given, an approach to their transformation was proposed. These decisions will have a positive effect on the effectiveness of criminal punishment and Russia's criminal policy, will allow the rational allocation of the resources of the penal system without prejudice to its authority, and avoiding the excessive and sometimes impossible requirements to an employee of the penal system. Conclusions are made about the need for legislative reform of the concept of punishment goals. This problem is far from being a trifle one, since the effectiveness of judicial and criminal-executive activity depends on its solution. Key words: doctrinal foundations, goals setting, criminal punishment, criminal policy, evolution, legal framework, goals of punishment, state and prospects.

scholarly journals On Understanding of Digital Financial Assets

2021 ◽  
Vol 2 ◽  
pp. 40-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Legal Practice ◽  
Educational Materials ◽  
Scientific Methods ◽  
Existing Problems ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific

Purpose. In the context of the development of digital technologies, the issue of the existence and legal regulation of digital of financial assets is being updated. In modern legal practice, there is no uniformity in the terminology of these relations, so it is especially important to consider the possibility of using different terms from digital currency to digital rights. The article analyzes various approaches to defining the concept of cryptocurrency offered by specialists working not only in the field of law, but also in economics, since it is important to consider the possibility of reflecting digital assets in accounting. In the course of the research, both General scientific and private scientific methods were used: scientific abstraction, system, logical, analysis and synthesis, comparative legal and formal legal. Conclusions are made that: 1) as a result of numerous discussions about the legal regulation of digital of financial assets, the state has decided on the terminology in these relations; 2) according to the author, the most successful term is the concept of “digital financial assets”, since the term “asset” is used in russian legislation, in particular investment and tax; 3) russian legal practice has used the experience of foreign countries when making changes to existing legislation, in particular in civil, expanding the list of objects of civil legal relations. Scientific and practical significance. This research allows us to critically understand the existing problems of cryptocurrency regulation, as well as contributes to the development of theoretical directions on this topic and the creation of educational materials dedicated to the digital economy.

Տրանսցենդենտալ ֆենոմենալոգիան որպես իրավական հետազոտությունների իրականացման մեթոդ

2021 ◽  
pp. 258-274
Author(s):  
Gevorg Barseghyan ◽  
Mane Markosyan ◽  
Hrayr Hovakimyan
Keyword(s):  
Transcendental Phenomenology ◽  
Phenomenological Approach ◽  
Legal Regulation ◽  
Law School ◽  
Point Of View ◽  
Legal Doctrine ◽  
Legal Studies ◽  
Advantages And Disadvantages ◽  
Positive Law ◽  
The One

This article examines the essential meanings of phenomenological philosophy and law school of transcendental phenomenology. Attention is paid to methodological features of phenomenological approach of legal perception. In the context of domestic legal doctrine, attention is paid to both advantages and disadvantages of this approach. Conclusion is made that phenomenology is a specific, effective methodology synthesizing diverse explorative perceptions. Phenomenology, as a theory and methodology of law, is part of non-classical legal science, separate elements of this method are used in the context of other non-classical legal approaches such as hermeneutics and axiology of law. It must be emphasized that phenomenology of law is an alternative to sociological and natural-legal perception of law and, at the same time, in its context the synthesis of these two methods of legal exploration is done to some extent. The main feature of legal phenomenology is its orientation to modern law as a sociological process that is going on in the world of “open” life on the one hand, and to potential law as a basis for universal ideal law, on the other hand. Phenomenological approach can be used as a mechanism for exploring current positive law. From such point of view, ideal legal system is discovered in any legal regulation due to which the enforcement of legal regulation is exercised. The purpose of this work is to conduct a comprehensive study of transcendental phenomenology of law as a method of conducting legal study. In order to satisfy the purpose set above, the following problems are introduced.  The study of transcendental phenomenology as an approach,  The study of transcendental phenomenology as a research method,  The reveal of transcendental phenomenology essence as a means of methodology of acknowledgement of law. The methodological basis of this article are the dialectical and historical methods. The object and subject of the research were observed using such general and special methods of scientific knowledge, as dogmatic, comparative-legal, legal modeling, logical analysis. Based on the analysis made in the context of this work, suggestions are made which are directed at developing the efficiency of phenomenology as a means of conducting legal studies, as well as the accomplishment of legal modeling.

scholarly journals Russian experience of using digital technologies and legal risks of AI

2020 ◽  
Vol 224 ◽  
pp. 03005
Author(s):  
Elena Trikoz ◽  
Elena Gulyaeva ◽  
Konstantin Belyaev
Keyword(s):  
Personal Data ◽  
Digital Technologies ◽  
Legal Regulation ◽  
International Standards ◽  
Practical Implementation ◽  
Scientific Methods ◽  
Legal Provisions ◽  
Legal Risks ◽  
Analysis And Synthesis ◽  
General Scientific

The aim of the present article is to analyze the Russian experience of using digital technologies in law and legal risks of artificial intelligence (AI). The result of the present research is the author’s conclusion on the necessity of the practical implementation of legal provisions in this area, and their judicial enforcement in federal subjects with the aim of compliance with international standards of human rights. The authors concluded that in the Russian Federation, there is no normative and technical regulation of the process of destruction of personal data, which creates serious problems for operators. The research methodology based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods). Moreover, the range of legislative and law enforcement problems in the field of using AI technology is very extensive. For this reason, the authors of the article used the methodology for collecting data on legislative acts and legal regulation in the field under research. A number of federal and regional legal acts were analyzed using systemic-structural and formal-dogmatic methods, including the research of their practical orientation and effectiveness for modern challenges.

scholarly journals LEGAL REGULATION OF FISHERY IN RUSSIA AND FOREIGN STATES: COMMON AND SPECIAL FEATURES

2017 ◽  
pp. 135-141
Author(s):  
Дмитрий Сиваков ◽  
Dmitriy Sivakov
Keyword(s):  
North American ◽  
Legal Regulation ◽  
Soft Law ◽  
Legal Systems ◽  
Quota System ◽  
Scientific Methods ◽  
Historical Method ◽  
Cis Countries

The aim of the article is a comparative analyze of legal regulation of fishery in Russia and foreign states. According to this goal, the task of comparison of fishery legislation of Russia and other CIS countries, Russia and EU State as well as North American countries arises. The author tries to solve one more issue — to consider how current legal regulation correlates with the concept of fishery in Russia. Legislation in the sphere of fishery is developing dynamically. Despite the different time of appearance and the differences of legal systems, mentioned legislation can be compared in the basic directions of legal regulation. The article applied the method of comparative legal regulation, the historical method of extrapolating. Also the scientific methods of deduction and induction are applied. The author used the instruments of international soft law and the works of specialists in the mentioned area of the legal regulation. The article consists of following sections: statement of the question; sources of law; key rules-definitions; principles and key provisions of the legislation; the quota system of catches, licensing and contractual methods of regulation; the payment principle and the nature of the distribution of funds received. In conclusion the author emphasized the approximation of the legislation of Russia and other CIS countries in the field of fisheries (concerning the concepts, basic provisions, types of fishery and quotas). Also, there are some similarities in a combination of licensing and contractual methods of regulation in Russian and Canadian legislation.

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