scholarly journals GENESIS OF LEGAL REGULATION OF OPERATIONAL INVESTIGATION TACTICS

2021 ◽  
pp. 151-168
Author(s):  
S. O. Pavlenko
Keyword(s):  
Rule Of Law ◽  
Academic Discipline ◽  
Legal Framework ◽  
Legal Regulation ◽  
Soviet Period ◽  
Search Activity ◽  
Soviet Government ◽  
Direct Formation ◽  
Framework Development ◽  
Historical Periods

The article examines the formation and development of legal regulation of operational and investigative tactics in different historical periods. It was found that the beginning of the direct formation of the legal framework (development and adoption of circulars, regulations, orders, instructions, instructions) of operational and investigative activities (organization and tactics) dates back to the beginning of the XX century. It is noted that despite the presence of some gaps (problems) in the legislation governing the search (search) activities in the pre-revolutionary period, in general, the provisions enshrined in regulations of that time became the basis (basis) for improving and developing regulatory organization and tactics of operational and investigative activities in subsequent historical periods, especially in the Soviet period. It is emphasized that in the Soviet period the first legal acts of the Soviet government (through the VNK), regulating operational and investigative activities, were far from perfect and only partially regulated the organization of covert work and tactics of operational and investigative measures, which affected unsatisfactory state of counteraction to crime. According to the results of the study of special literature, during the existence of Soviet power, more than two dozen departmental regulations were adopted, regulating the organization and tactics of operational and investigative activities in places of imprisonment. At the same time, despite such a strong legal framework governing operational and investigative activities, including in penitentiary institutions, the legal grounds for operational and investigative activities were largely ignored, and the basic principles of law enforcement – the rule of law – were leveled. The period of 1950–1960 is characterized by the beginning of the formation of operational and investigative activities as an independent academic discipline. At the same time, despite such achievements, a significant number of prominent scientists continue to consider operational and investigative activities and their theory as part of criminology. Only in the early 70’s the scientific community recognized operational and investigative activities as an independent discipline. This was directly facilitated by the scientific research of famous scientists. During the 1970s and 1980s, in the scientific developments of prominent scientists (D. V. Grebelsky, V. G. Samoilov), in addition to discussions on the object and subject of operational and investigative activities, attention was paid to compliance with the fundamental principles of human rights and freedoms. time of operative-search activity (rule of law, legality). However, the excessive secrecy of operational and investigative activities and the lack of a codified act that would regulate its implementation at the legislative level, makes it virtually impossible for the subjects of operational and investigative activities to implement these principles in practice. A thorough analysis of the scientific literature and the results of the survey of respondents shows that the current Law on OSA is currently outdated, and its provisions do not comply with the provisions of the law. The prospect of further exploration is a study of the current state of legal regulation of operational and investigative tactics and prospects for its improvement.

scholarly journals Establishment and development of legal regulation of the court's activity in transfer of foreign citizens sentenced by Russian courts to serve their sentence in the country of citizenship

2021 ◽  
pp. 85-93
Author(s):  
Alexander Fedyunin
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Norms ◽  
Soviet Period ◽  
Special Role ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Right

This article analyzes the establishment of legal regulation of the court's activity in the consideration and resolution of the question of transferring foreign citizens sentenced by the court of the Russian Federation to serve their sentence in country of citizenship. The author offers periodization of the chronology of its evolution,  and draws attention to the gaps and inaccuracies in the current legislation and the need for amending normative legal framework, which is testified by the legal acts adopted by the state authorities of the Russian Federation, including those aimed at regulation of international legal relations in this sphere, as well as the works of the scholars-processualists. The conclusion is made that the corresponding court's activity acquires a special role. Compared to the Soviet period, national and international norms that regulate the court’s activity in this area have experiences significant changes, as the number of convicts transferred to their country of citizenship has increased considerably, the contractual practice of the Russian Federation has expanded, which is substantiated by the globalization processes and the need for the development and strengthening of international cooperation of the Russian Federation with foreign countries in the sphere of transferring foreign citizens. Examination of the chronology of changes experienced by the normative legal framework of the court’s activity in the course of its establishment and development, allows choosing the right direction for further improvements.

scholarly journals Legal Framework for Regulating Physical Education and Sports in Kuzbass (1985–2008)

2020 ◽  
Vol 2020 (2) ◽  
pp. 161-167
Author(s):  
Vladimir Kazmin ◽  
Margarita Kazmina ◽  
Evgeniya Yuzupkina
Keyword(s):  
Soviet Union ◽  
Physical Education ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Transitional Period ◽  
Soviet Period ◽  
Legal Norms ◽  
Legal Method ◽  
Wide Range

The paper features legislative regulation of physical education and sports in different historical periods. The research objective was to describe the legal framework of the Soviet and post-Soviet periods in order to use the experience in modern conditions. The study was based on the following scientific principles and methods. The principle of scientific research made it possible to use of a wide range of published and unpublished archival documents and scientific sources. The principle of historicism allowed the authors to identify the state of legal regulation in various historical epochs, as well as the nature of the changes they underwent. The comparative legal method helped identify the nature of the legal framework, its content in the Soviet period, and the qualitative changes that occurred after the collapse of the Soviet Union. As a result, the authors identified a number of stages in the development of the legal framework in question. The period of the Soviet legal norms lasted from the mid 1980s to early 1990s. During the transitional period of the 1990s, Russia was actively searching for legal regulation: the basic legislation was adopted in 1993, and the Law itself entered into force in 1999. The third period began when the state law on physical education and sport was adopted in 2008. Soon after that, a similar document was released in Kuzbass. In this regard, the development of sports law is a system of legal norms that regulate relations in the field of physical education and sports at the Federal and regional levels. The results of the research can be used in the development of the regulatory framework by Federal and regional legislative bodies, the scientific community, and lawyers involved in sports and physical education law.

scholarly journals A History of Pensions in Ukraine

2020 ◽  
pp. 97-109
Author(s):  
Мykhailo SHUMYLO
Keyword(s):  
Social Security ◽  
Interwar Period ◽  
Legal Regulation ◽  
Soviet Period ◽  
Soviet Government ◽  
Development Stages ◽  
Social Law ◽  
Western Ukraine ◽  
History Of ◽  
Pension Regulation

Starting with the early examples of legal regulation by positive laws, the history of pensions in Ukraine has been studied. It has been found that the history of pension regulation, along with theory, is an integral part of social security law since it illustrates the dynamics of legal norms, which in turn allows lawmakers to avoid errors and predict their consequences during law reforms. It has been proved that the history of social security law should cover not only pensions that were established in the territory of Dnieper and Sloboda Ukraine but also pension regulation in Western Ukraine. Taking into account the fragmentation of the Ukrainian lands in the second half of the 19th century and in the first half of the 20th century, historical development stages of pensions in these territories have been classified into the following periods: (1) during the Russian Empire, which included Dnieper and Sloboda Ukraine; (2) during the dual monarchy of Austria-Hungary, which included Eastern Galicia and Bukovina; (3) development of pensions in Western Ukraine that was part of the Second Polish Republic during the interwar period; (4) pensions during the Soviet period; (5) development of pensions during the modern period (from the declaration of independence of Ukraine to the present day). It has been found that pension regulation in Western Ukraine during the interwar period was one of the most advanced in Europe since it was significantly influenced by Prussian (Bismarck’s) social law. It has been concluded that one of the features of pension regulation during the Soviet period was its discrimination that evolved from non-payments of pensions to some class enemies (the White Guards and their families, the nobility, the clergy, etc.) to discrimination based on profession (workers and peasants). Also, it has been proved that for the first time in the history of social security the latter was used by the Soviet government as an instrument in order to restrain and punish its own citizens. Four development stages of pension regulation, which was established after 1991, have been distinguished. The history of pensions has been defined as part of the social security law doctrine.

scholarly journals Separate Aspects of Development of Confidential Collaboration Institute on the Territory of Ukraine in a Soviet Period

2019 ◽  
Vol 72 (1) ◽  
pp. 58-64
Author(s):  
V. M. Davydiuk
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Soviet Period ◽  
Soviet Power ◽  
Search Activity ◽  
Time Intervals ◽  
Distinctive Features ◽  
Soviet State ◽  
Experimental Approaches

A retrospective analysis of the organizational and legal provision of the work with confidents on the territory of modern Ukraine in the Soviet period has been carried out. Normative and legal regulation of the work with confidents during the reign of various Soviet leaders has been outlined. The experimental approaches in the work with secret apparatus, which were used in the 20s of the XX century in the Soviet state, have been revealed. The provision of the principle of offensive and conspiracy in the work of the agents of that time has been outlined. Some organizational and tactical methods of the work with confidents in different years have been revealed, their common and distinctive features have been singled out. The classification of secret apparatus by the categories in different periods of time has been provided. The serious influence of the personalities of the leaders of the Soviet state on the development of the system of secret work in general and the work with confidents, in particular, has been noted. The author has emphasized on the normative and methodological basis of the work with confidents during Stalinist times against the opponents of the regime; the author has noted the wide use of political search. The mechanism of ensuring safety of confidents has been revealed. The peculiarities of the work with confidents in the thaw and standstill periods have been studied. The disadvantages and advantages of the work with secret apparatus during certain time intervals have been outlined. The influence of the development of the science of operative and search activity on the system of secret work and its agent component has been also outlined. It has been stated that during the entire period of the existence of Soviet power the work with confidents was exclusively regulated by normative and legal acts of limited access and had a clear ideological basis. Only after Ukraine gained independence there were references in open normative and legal acts about the work with confidents, in particular, in laws and regulations. Some examples have been provided. The influence of the Soviet school of operative and search activity on law enforcement systems of the countries of the Socialist camp has been noted.

scholarly journals HISTORICAL AND LEGAL PREREQUISITES OF THE LEGISLATIVE REGULATION OF OPERATIONAL AND EXPLORATORY DOCUMENTATION IN UKRAINE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 218-225
Author(s):  
А. А. Саковський
Keyword(s):  
Legal Framework ◽  
Soviet Period ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Social Transformations ◽  
Current State ◽  
The Reformation ◽  
Imperial Power ◽  
Legislative Regulation ◽  
Further Development

The historical and legal preconditions of the legislative regulation of operational and investigative documentation in Ukraine in the context of social transformations and law enforcement reforms are highlighted. The genesis of these activities is considered. The current state of legislative regulation of operational and investigative documentation is described. The directions of its further development and improvement are outlined. The historical stages of origin, formation and development of legislative regulation of legislation in the context of operational and investigative documentation, conduct and use of ARI and NSDC in criminal proceedings are singled out, and the own periodization of the researched question is offered: I period - 911–1550 search activities in Ukraine and the formation of a legislative settlement, the emergence of a codified act of "Russian Truth"; II period - 1550–1846 (Cossack or the period of the Polish-Lithuanian-Russian era) - operative-search documentation in the Reformation period is associated primarily with the creation of search units - the prototype of criminal investigation; ІІІ period - 1846–1917 (period of imperial power) - the essence of operative-search documentation in this period consisted in that in the person of the corresponding state official various procedural functions were combined: the investigator who at the same time was engaged in search, the prosecutor and the judge; IV period - 1917–1958 (Soviet period) - the conduct of secret search activities is not regulated by law and was carried out on the basis of directives of the CPSU (b) -CPSU and departmental secret regulations. V period - 1958-1992 (operational-evidentiary period) - the emergence of the term "operational-search activity" in scientific circles, which included search and search-intelligence activities aimed at detecting crimes, as well as to identify persons who are planning commit a crime or are preparing for it, in order to prevent, prevent or stop them; VI period - 1992–2012 (independent period) - legislative consolidation of the ORD through the adoption of the Laws of Ukraine "On operational and investigative activities" (1992), "On the organizational and legal framework for combating organized crime" (1993) put the search activities carried out in the interests of criminal proceedings, on a legal, civilized basis; VII period - 2012 - present (modern, period of reform) - the adoption and entry into force of the CPC of Ukraine and the beginning of a trend towards convergence of the ORD and the criminal process, which corresponds to the world practice of criminal justice.

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

PROSPECTS FOR THE DEVELOPMENT OF THE LEGAL MECHANISM FOR THE FUNCTIONING OF PAYMENT SYSTEMS

2020 ◽  
Vol 13 (3) ◽  
pp. 079-084
Author(s):  
ELIZAVETA SALINA ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Payment System ◽  
State University ◽  
Payment Systems ◽  
Proper Functioning ◽  
Money Transfer ◽  
Level Of Significance ◽  
Transfer Services ◽  
Legal Mechanism

1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.

Development of the Legal Framework for Regulating Relations for the Training and Retraining of Judges in the Soviet Period (1946–1991)

2020 ◽  
Vol 8 ◽  
pp. 39-47
Author(s):  
S. I. Pukhnarevich ◽  
Keyword(s):  
Professional Development ◽  
Soviet Union ◽  
Legal Framework ◽  
Judicial System ◽  
Soviet Period ◽  
Legal Basis ◽  
The Soviet Union

The article shows the formation of the legal basis for the formation, development and functioning of the system of training and retraining of judicial personnel in the country in the period from 1946 until the end of the USSR. The article also explores the forms and approaches to the organization of improving the quality of the staff of the judicial system. It was concluded that the Soviet Union has formed an ideologically oriented, strictly centralized Federal-Republican system of professional development of court employees.

THE CORE AND PERIPHERY OF THE CURRENT CULTURE OF ARTISTIC CREATION ABOUT THE GREAT PATRIOTIC WAR IN THE STUDENTS’ VIEWS

2020 ◽  
Vol 6 (3) ◽  
pp. 130-149
Author(s):  
Elena N. NARKHOVA ◽  
Dmitry Yu. NARKHOV
Keyword(s):  
Historical Memory ◽  
Soviet Period ◽  
Russian Society ◽  
Student Culture ◽  
The Core ◽  
Musical Works ◽  
Great Patriotic War ◽  
History Of ◽  
Current Student ◽  
Historical Periods

This article analyzes the degree of demand for works of art (films and television films and series, literary and musical works, works of monumental art) associated with the history of the Great Patriotic War among contemporary students. This research is based on the combination of two theories, which study the dynamics and statics of culture in the society — the theory of the nucleus and periphery by Yu. M. Lotman and the theory of actual culture by L. N. Kogan. The four waves of research (2005, 2010, 2015, 2020) by the Russian Society of Socio¬logists (ROS) have revealed a series of works in various genres on this topic in the core structure and on the periphery of the current student culture; this has also allowed tracing the dynamics of demand and the “movement” of these works in the sociocultural space. The authors introduce the concept of the archetype of the echo of war. The high student recognition of works of all historical periods (from wartime to the present day) is shown. A significant complex of works has been identified, forming two contours of the periphery. Attention is drawn to the artistic work of contemporary students as a way to preserve the historical memory of the Great Patriotic War. This article explains the necessity of preserving the layer of national culture in order to reproduce the national identity in the conditions of informational and ideological pluralism of the post-Soviet period. The authors note the differentiation of youth due to the conditions and specifics of socialization in the polysemantic sociocultural space.

scholarly journals European prosecution between cooperation and integration: The European Public Prosecutor’s Office and the rule of law

2021 ◽  
pp. 1023263X2110059
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Legal Framework ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Applicable Law ◽  
European Public ◽  
Judicial Protection ◽  
Current Rule ◽  
Academic Debate

The article will examine the challenges that the establishment of the European Public Prosecutor’s Office poses for the rule of law – a question which has been underexplored in the policy and academic debate on the establishment of the EPPO, which focused largely on questions of structure and powers of the EPPO and the battle between intergovernmental and supranational visions of European prosecution. The implications of the finally adopted legal framework on the EPPO on the rule of law will be analysed primarily from the perspective of the rule of law as related to EPPO investigations and prosecutions and their consequences for affected individuals – in terms of legal certainty and foreseeability, protection from executive arbitrariness, effective judicial protection and defence rights. The article will undertake a rule of law audit of the EPPO by focusing on three key elements of its legal architecture – the competence of the EPPO, applicable law and judicial review – and the interaction between EU and national levels of investigation and prosecution that the EPPO Regulation envisages. The analysis will aim to cast light on the current rule of law deficit in a hybrid system of European prosecution located somewhere between co-operation and integration.

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