scholarly journals HUMANITARIAN CONTEXT OF THE PRINCIPLES OF THE JUDICIARY IN THE CONSTITUTIONS OF THE COUNTRIES OF EASTERN EUROPE

2019 ◽  
Vol 7 (5) ◽  
pp. 1035-1038
Author(s):  
Marina V. Markhgeym ◽  
Galina G. Mikhaleva ◽  
Alevtina E. Novikova ◽  
Aleksej P. Treskov ◽  
Evgeniy E. Tonkov
Keyword(s):  
Eastern Europe ◽  
Presumption Of Innocence ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
General Scientific ◽  
Scientific System ◽  
Subjective Rights ◽  
Court Proceeding

Purpose: The article is devoted to the comparative analysis of norms of the constitutions of the countries of Eastern Europe in connection with the identification in them of the principles of the judiciary, enshrined in the special sections on the rights and freedoms of man and citizen. Methodology: The study was based on the dialectical approach to the disclosure of legal phenomena and processes using general scientific (system, logical, analysis and synthesis) and private scientific methods. Among the latter are formal legal, legal linguistics, comparative-legal, which were collectively used to identify the principles of the judiciary. Result: As a result, the author substantiates the framework constitutional approach of conjugation in the formalization of subjective rights with their guarantees of implementation by the judiciary on the basis of the principles established for them. Among the latest principles are the following: independent and unbiased court, universal and procedural equality in judicial; presumption of innocence; publicity of court proceeding and pronouncement of a verdict. The studied constitutional provisions also reveal other principles of the judiciary, which were solitary instances of the claimed combination with subjective rights, but did not receive a consistent mass distribution. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of the Humanitarian Context of the Principles of the Judiciary in the Constitutions of the Countries of Eastern Europe is presented in a comprehensive and complete manner.

scholarly journals THE POSSIBLE SUBJECTS WITH PUBLIC AUTHORITY IN EUROPEAN COUNTRIES

2019 ◽  
Vol 7 (4) ◽  
pp. 822-826
Author(s):  
Fedor F. Chaplickij ◽  
Marina V. Markhgeym ◽  
Marina S. Savchenko ◽  
Viktor N. Strukov ◽  
Sergey A. Zaporozhets
Keyword(s):  
Eastern Europe ◽  
Legal Status ◽  
Public Authority ◽  
European Countries ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Scientific System ◽  
Legal Fact

Purpose: This study was aimed at analyzing the constitutional consolidation of the oath in the states of Eastern Europe, using various criteria. Methodology: The present study was carried out based on a dialectical approach to investigate legal phenomena and processes, using general scientific (system, logical, analysis and synthesis) and private scientific methods. Result: The findings of the study were systematized with a certain sequence and set out taking into account recipients of the oath; identification of the oath as a legal fact for acquisition/loss of the legal status of a subject of public authority, and general and specific provisions in the texts of the oath. Applications: This research can be used for the universities, teachers and politic students. Novelty/Originality: In this research, the model of public authority in European countries is presented in a comprehensive and complete manner.

scholarly journals STATE SUPPORT: CONSTITUTIONAL FIXING IN FOREIGN COUNTRIES

2019 ◽  
Vol 7 (4) ◽  
pp. 813-817
Author(s):  
Aleksej N. Nifanov ◽  
Andrey V. Sushkov ◽  
Abdurahman A. Shahbanov ◽  
Vasilij A. Zajcev ◽  
Elnur E. Veliev
Keyword(s):  
Comparative Analysis ◽  
The State ◽  
State Support ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Alternative Approaches ◽  
Scientific System

Purpose: Taking into account the domestic experience, the present study was aimed at carrying out a comparative analysis of the constitutions of foreign countries in order to identify the norms related to the state support in them. Methodology: The present study was carried out based on a dialectical approach to investigate the legal phenomena and processes, using general scientific (system, logical, analysis and synthesis) and private scientific methods. Result: The findings of this study revealed the opportunity for the organization of various recipients of the declared support; and identification of alternative approaches to consolidation of the constitutional laws regarding the state support. Applications: This research can be used for universities and students in politic. Novelty/Originality: In this research, the model of constitutional fixing in foreign countries is presented in a comprehensive and complete manner.

scholarly journals SOCIAL GUARANTEES OF THE STATUS OF DISABLED IN CONSTITUTIONAL TEXTS OF THE CIS COUNTRIES

2019 ◽  
Vol 7 (5) ◽  
pp. 807-810
Author(s):  
Anna V. Lebed ◽  
Marina V. Markhgeym ◽  
Anna A. Minasyan ◽  
Alevtina E. Novikova ◽  
Evgeniy E. Tonkov
Keyword(s):  
Economic Rights ◽  
Persons With Disabilities ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
The Status ◽  
Cis Countries ◽  
Scientific System ◽  
The Right

Abstract Purpose: In the article, based on the analysis of constitutional texts of CIS countries to reflect the social guarantees of persons with disabilities in them, the socially-guaranteeing and social-status models of such consolidation are identified. Methodology: The research was based on a dialectical approach to the research of legal phenomena and processes using general scientific (system, logical, analysis and synthesis) and private scientific methods. Among them are formal legal, linguistic legal, comparative-legal, which were collectively used to study the constitutional texts of 12 post-Soviet countries in order to identify options, features, and models of securing social guarantees for persons with disabilities. Result: The first model includes norms reflecting guarantees for the realization of socio-economic rights through the adoption of principles of a social state or through blanket norms (Georgia) and enshrining guarantees of socio-economic rights, including the right to social support and state assistance (Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Uzbekistan, Ukraine). The second one implies the existence of norms on state support for both disabled people (Armenia, the Russian Federation, Turkmenistan) and disabled children (Tajikistan). It was noted that with all the variety of approaches of this focus group of states, constitutional texts reinforce the imperative of social security for the rights of persons with disabilities. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Social Guarantees of the Status of Disabled in Constitutional Texts of the Cis Countries is presented in a comprehensive and complete manner.

scholarly journals CONSTITUTIONAL COURT IN PUBLIC ADMINISTRATION SYSTEM IN MOLDOVA AND RUSSIA

2019 ◽  
Vol 7 (5) ◽  
pp. 847-850
Author(s):  
Marina V. Markhgeym ◽  
Alevtina E. Novikova ◽  
Maria I. Rosenko ◽  
Natalya P. Katorgina ◽  
Evgeniy E. Tonkov
Keyword(s):  
Public Administration ◽  
The Body ◽  
Constitutional Court ◽  
Administration System ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
The Stability ◽  
Scientific System ◽  
Legal Mechanism

Purpose: The article considers the place and the role of the Constitutional Court of Moldova in the system of government. Methodology: The study was based on the dialectic approach to the disclosure of legal phenomena and processes using general scientific (system, logical, analysis and synthesis) and particular scientific methods. Result: They studied the range of issues related to its activities. They noted the problems that lead to the imbalance of authorities, including dangerous trends of constitutional court use by political groups to solve their problems and achieve political goals. They showed the positive experience of the constitutional and legal mechanism to develop a body of constitutional jurisdiction of Russia, through which they provide the stability of this state body, impartiality, and independence in decision-making, and the impossibility of turning the body of constitutional control into an object of political manipulation. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Constitutional Court in Public Administration System in Moldova and Russia is presented in a comprehensive and complete manner.

scholarly journals CONSTITUTIONAL AND LEGAL ASPECT OF THE LEGAL EXPERIMENT OF MIGRATION REGULATION IN THE RUSSIAN FEDERATION AND GERMANY

2019 ◽  
Vol 7 (5) ◽  
pp. 1031-1034
Author(s):  
Marina V. Markhgeym ◽  
Alevtina E. Novikova ◽  
Evgeniy E. Tonkov ◽  
Vladimir I. Yevtushenko ◽  
Goar G. Zagaynova
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Legal Aspect ◽  
German Law ◽  
Migration Policy ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
General Scientific ◽  
The Russian Federation

Purpose: The article is devoted to the study of the features of the migration policy implemented in the Russian Federation as a kind of legal experiment. Methodology: The methodological basis of the study was a set of the following methods of scientific knowledge – General scientific methods (analysis and synthesis), private scientific methods (formal legal and comparative legal). Result: The author analyzes normative acts, including by-laws of both the Russian Federation and its constituent territories. The analysis of the existing regulatory normative approaches to the regulation of migration in Germany is also given. At the same time, the author offers his vision of the possible implementation of German law in the Russian Federation. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Constitutional and Legal Aspect of the Legal Experiment of Migration Regulation in the Russian Federation and Germany is presented in a comprehensive and complete manner.

scholarly journals Latin American Experience in Constitutional and Legal Guarantees of Freedom of the Media

2020 ◽  
Vol 37 (65) ◽  
pp. 37-46
Author(s):  
Michael A. Tulnev ◽  
Natalya Yu. Agafonova ◽  
Andrey V. Krotov ◽  
Ivan N. Kuksin ◽  
Marina V. Markhgeym
Keyword(s):  
Latin American ◽  
Freedom Of Expression ◽  
Media Freedom ◽  
Scientific Methods ◽  
American Experience ◽  
Dialectical Approach ◽  
American States ◽  
Analysis And Synthesis ◽  
The Media ◽  
General Scientific

The objective of the research was to analyze the Latin American experience in constitutional guarantees regarding freedom of expression in the media. The document summarizes the results of a comparative legal study dedicated to the texts included in the constitutions of the Latin American states regarding the identification of norms that guarantee the freedom of the media in them. It has been established that most of the declared constitutions contain traditional guarantees of media freedom expressed in the legalization of this substantive freedom, its implementation without censorship and restrictions under the threat of responsibility for its abuse. Methodologically, the study was built on the basis of a dialectical approach for the dissemination of legal phenomena and processes using general scientific methods (systemic, logical, analysis and synthesis) and particular. In conclusion, it is evident that it is typical that the constitutions of Latin American states combine freedom of thought, expression and media in a single provision. In all other aspects, the list of identified guarantees is variable and in many countries they have no impact on the concrete reality.

scholarly journals European Experience in Constitutional and Legal Guarantees of Freedom of the Media

2020 ◽  
Vol 37 (65) ◽  
pp. 127-135
Author(s):  
Anna A. Bezuglya ◽  
Valeriya V. Gelunenko ◽  
Andrey B. Novikov ◽  
Svetlana V. Radaeva ◽  
Mikhail A. Tulnev
Keyword(s):  
Legal Analysis ◽  
Scientific Methods ◽  
Federal States ◽  
Dialectical Approach ◽  
European Experience ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Media ◽  
General Scientific ◽  
Administrative Procedures

The document presents the results of a comparative legal analysis dedicated to the constitutions of the European states regarding the identification of norms that guarantee the freedom of the social media in them. Methodologically the study was built on the basis of a dialectical approach to the dissemination of legal phenomena and processes using general scientific methods (systemic, logical, analysis and synthesis) and particular. By way of conclusion, all the evidence shows that, in the most common version, the constitutional regulation of guarantees is concise and includes only the recognition or guarantee of the freedom of the media together with the prohibition of censorship. In more detailed versions, prohibitive or regulatory rules may indicate specific types of liability, administrative procedures, etc. For federal states, it is typical to pay special attention to press matters within the scope of jurisdiction issues.

Modernizing the lending facility under concession agreements

2020 ◽  
Vol 26 (7) ◽  
pp. 1590-1609
Author(s):  
V.A. Rakhaev
Keyword(s):  
Financial Structure ◽  
Bank Lending ◽  
Early Termination ◽  
Scientific Methods ◽  
Financial Condition ◽  
Revenue Collection ◽  
Analysis And Synthesis ◽  
Financing Mechanism ◽  
General Scientific ◽  
The Russian Federation

Subject. The article addresses modernization of lending facilities under concession agreements. It is important for evaluating the terms of credit transactions, effectiveness of credit projects, and the concessionaire's ability to repay the loan. Objectives. The purpose is to review the current financing mechanism and underpin approaches to improving the credit facilities within concession agreements. Methods. The study rests on general scientific methods, like the systems and logical analysis and synthesis, principles of induction and deduction, financial calculation techniques. The analytical part employs the balance method, methods of financial coefficients and the method of technical and economic estimates. Results. I analyzed the financial structure and special characteristics of concession agreements, parameters of concessionaires’ activities; considered the types of risks inherent in bank lending under concession agreements, methods for their identification and mitigation; offered a mechanism of lending, including the structure of credit transactions, restrictions for the financial condition of concessionaires, additional requirements and penalties for their non-fulfillment. The findings can help banks define lending parameters for concession agreements. The provided recommendations may be useful for consideration by the authorities of the constituent entities of the Russian Federation. Conclusions. It is possible to reduce the risks of lending under concession contracts, if their terms and conditions are stable, and if the lost income of concessionaires is compensated in the event of early termination. Reasonable tariffs for works and services and increased revenue collection will promote this type of lending.

Strategic threats to energy security as risks of quality of people's life

2020 ◽  
Vol 16 (4) ◽  
pp. 730-744
Author(s):  
V.I. Loktionov
Keyword(s):  
Quality Of Life ◽  
Energy Security ◽  
Well Being ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
And Performance ◽  
Economic Well Being ◽  
The Way

Subject. The article reviews the way strategic threats to energy security influence the quality of people's life. Objectives. The study unfolds the theory of analyzing strategic threats to energy security by covering the matter of quality of people's life. Methods. To analyze the way strategic threats to energy security spread across cross-sectoral commodity and production chains and influences quality of people's living, I applied the factor analysis and general scientific methods of analysis and synthesis. Results. I suggest interpreting strategic threats to energy security as risks of people's quality of life due to a reduction in the volume of energy supply. I identified mechanisms reflecting how the fuel and energy complex and its development influence the quality of people's life. The article sets out the method to assess such quality-of-life risks arising from strategic threats to energy security. Conclusions and Relevance. In the current geopolitical situation, strategic threats to energy security cause long-standing adverse consequences for the quality of people's life. If strategic threats to energy security are further construed as risk of quality of people's life, this will facilitate the preparation and performance of a more effective governmental policy on energy, which will subsequently raise the economic well-being of people.

Protection of the Rights and Legitimate Interests of Entrepreneurs in Cases of Crimes in the Sphere of Economic Activity

2021 ◽  
Vol 3 ◽  
pp. 92-98
Author(s):  
O. А. Zaytsev ◽  
Keyword(s):  
Economic Activity ◽  
Criminal Policy ◽  
Economic Activities ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
The Supreme Court ◽  
Analysis And Synthesis ◽  
Legitimate Interests ◽  
General Scientific

The article examines the problematic issues of applying measures to protect the rights and legitimate interests of entrepreneurs in cases of crimes in the field of economic activity. The material-legal and criminal-procedural mechanisms used in the course of proceedings in this category of cases are examined. Special attention is paid to the analysis of the legal positions of the Supreme Court of the Russian Federation, reflected in the decisions of the Plenum of November 15, 2016 № 48 and October 3, 2017 № 33. The purpose of this study is to identify the most acceptable areas of activity of judicial and law enforcement agencies to protect the rights and legitimate interests of entrepreneurs involved in criminal proceedings. The objectives of the study are: a) to determine the specifics of criminal and criminal procedure legislation containing humane mechanisms for the category of cases under consideration; b) to highlight the positions of scientists who conduct research in this field of activity; с) substantiation of recommendations for the further development of criminal policy in the direction of liberalizing the current structure of crimes in conjunction with the improvement of criminal procedural forms of criminal proceedings. The methodological basis of the research was the dialectical method of cognition, General scientific methods of abstraction, analysis and synthesis, as well as special legal methods. Promising ways of development of criminal policy in the field of formation of legislation that allows the most effective protection of the rights and legitimate interests of entrepreneurs are proposed. The conclusion is made about the need for further scientific study of the system of material-legal and criminal-procedural mechanisms used in the proceedings on crimes committed in the sphere of business and other economic activities.

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