scholarly journals The History of the Formation of Judicial Regulation in the Military Judicial System of Russia

2021 ◽  
Vol 4 ◽  
pp. 17-22
Author(s):  
Kirill V. Legkov ◽  
Keyword(s):  
Military Personnel ◽  
Legal Regulation ◽  
Judicial System ◽  
State Structure ◽  
Historical Sources ◽  
Scientific Publications ◽  
Judicial Practice ◽  
History Of ◽  
Judicial Protection ◽  
The Military

Based on the analysis of historical sources, scientific publications and judicial practice, the article examines the little-studied issues of the emergence and formation of legal regulation in the military-judicial system of Russia of this type of judicial activity as judicial regulation, which has an important role in the judicial protection of the rights of military personnel against the background of the formation of the modern state structure of the country.

Orgány vyšetřování protistátní trestné činnosti vojenských osob po roce 1948

2021 ◽  
Author(s):  
Stanislav Polnar
Keyword(s):  
World War Ii ◽  
Military Personnel ◽  
Legal Status ◽  
Legal Regulation ◽  
The Political ◽  
National Defense ◽  
World War ◽  
Criminal Proceedings ◽  
The Military ◽  
Military Units

Since the end of World War II, the investigation of anti-state delinquency of military personnel was realised by the military intelligence. It originated with Czechoslovak military units in the USSR and were influenced by Soviet security authorities. After 1945 and 1948 these bodies remained in the structure of the Ministry of National Defense, but from the beginning of the 1951 they moved to the structure of the Ministry of the Interior following the Soviet model. The legal status of these bodies was always unclear and did not correspond to the legal regulation. Another important article in the investigation of the political delinquency of soldiers was the military prosecutor’s office as part of the socialist-type prosecutor’s office, which was subjected to general trends in the regulation of criminal proceedings.

Effect of the Criminal Law on Military Personnel Who Committed Crimes outside the Russian Federation

2020 ◽  
Vol 11 ◽  
pp. 105-112
Author(s):  
I. А. Kazarinov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Military Personnel ◽  
Legal Regulation ◽  
Criminal Code ◽  
International Treaties ◽  
Literary Sources ◽  
The Russian Federation ◽  
The Military ◽  
Military Units

The effect of the Criminal Code of the Russian Federation on military units stationed outside the Russian Federation is regulated by part 2 of article 12 of the Criminal Code, the interpretation and application of which causes a number of significant theoretical and applied problems. Based on the analysis of normative acts, international treaties and literary sources the article reveals the model of international legal regulation of responsibility of Russian soldiers; the reis a motion on the harmonization of the international norms which define the conditions of criminal jurisdiction of the Russian Federation in the military; certain private issues ofa pplication of the Criminal Code of the Russian Federation in a situation when a military person commits a crime outside the Russian Federation are resolved.

scholarly journals Judicial Law-making and Its Regulation in Independent Ukraine: Its History and Development

2021 ◽  
Vol 4 (3) ◽  
pp. 82-100
Keyword(s):  
Supreme Court ◽  
Legal Status ◽  
Legal Regulation ◽  
Judicial System ◽  
Judicial Power ◽  
Constitutional Court ◽  
Judicial Reform ◽  
The Supreme Court ◽  
History Of ◽  
Law Making

The article studies the history of the origin and development of legal regulation of judicial law-making in Ukraine. The analysis of doctrinal ideas about judicial law- making, as well as the peculiarities of its formation in Ukraine, allowed us to emphasise that our scientific research is relevant because of: 1) the duration of the domestic judicial system and judicial reform, which dates back to the proclamation of Ukraine’s independence (1991) and continues to this day; 2) the ambiguity of the legal support for judicial law-making in Ukraine, the high level of its variability, and the uncertainty of the legal status of the subjects of judicial power in the mechanism of domestic law-making; 3) the doctrinal uncertainty of the place of judicial law-making in the domestic legal system, the ambiguity of its scientific perception, and the understanding of its function in the domestic mechanism of legal regulation. This paper analyses the provisions of the legislation of Ukraine in terms of legal support for forms and procedures of judicial law-making, the legal significance of judicial law-making acts, and their impact on administering justice in Ukraine. Particular attention is paid to the activities of the judiciary in the areas of law enforcement and law-making, the relationship and interaction of which requires strengthening in the current context of reforming the judicial system and the judiciary in Ukraine. The stages of development of the legal regulation of judicial law-making in Ukraine are revealed, the peculiarities of the legal support for judicial law-making are determined, and the content of the legal regulation of the mechanism of participation of the subjects of the judicial power of Ukraine in the national law-making is characterised. Analysis of the history of the legal regulation of judicial law-making in Ukraine and the current state of its legal provision allowed us to conclude that despite the scale of legislative changes in the legal support for the judicial system of Ukraine today, neither the Supreme Court, nor the Constitutional Court of Ukraine, nor any other court institution is recognised by the legislation of Ukraine as subjects of law-making. The legislation of Ukraine does not contain a clear definition of their status as the subject of law-making with the right to accept generally obligatory acts of this process. It is noted that such uncertainty significantly weakens both the legal support for the courts and their activities. At the same time, it is noted that as a result of the adoption of legislative acts within the judicial reform during 2014-2017, which are still in force today, the legislator has made a significant step towards recognising and consolidating the official status of judicial law-making, namely: 1) a number of legislative powers of the Supreme Court and the Constitutional Court of Ukraine were consolidated; 2) the legislative regulation of the stages of the law-making process by the Supreme Court and the Constitutional Court of Ukraine has been strengthened; 3) the legal consolidation of the status of law-making acts of the Supreme Court and the Constitutional Court of Ukraine has been improved.

History of development of commercial secrets in the Azerbaijan legal system

2021 ◽  
Vol 62 (01) ◽  
pp. 168-171
Author(s):  
Natig Elmaddin Ibrahimov ◽  
Keyword(s):  
Intellectual Property ◽  
Legal Regulation ◽  
Russian Empire ◽  
State Structure ◽  
The Third ◽  
History Of Development ◽  
History Of ◽  
Commercially Important ◽  
The Russian Empire ◽  
Second Period

The process of gaining the importance of commercially important information in civil circulation has come a long way. The protection and disclosure of commercial secrets, which are among the objects of intellectual property, are becoming increasingly important for the legislation of Azerbaijan. The historical development of commercial secrets in Azerbaijan is closely related to the legislation of the Russian Empire. This was due to historical events. The history of the development of commercial secrets in Azerbaijan can be divided into several stages. The first stage is the feudal period, state structure and legal regulation of this period. The second period covers the period from 1861 to 1917. The third period covers the period from 1917 to 1991. The fourth period covers the period after 1991, the "restoration of capitalism". Nowdays, the protection of commercial secrets comes to the fore in connection with the relevance of globalization, integration and dynamic development of information resources, as well as the emergence of new obstacles and difficulties in legal regulation. Key words: commercial secrets, intellectual property law, Azerbaijani legislation, civil law, Tsarist Russia (Russian Empire), USSR, Azerbaijan SSR

JUDICIAL SYSTEM OF UZBEKISTANIN THE YEARS OF THE SECOND WORLD WAR

2021 ◽  
Vol 4 (8) ◽  
pp. 27-38
Author(s):  
Dilshod P. Komolov ◽  
Keyword(s):  
Soviet Union ◽  
Second World War ◽  
Judicial System ◽  
Staff Turnover ◽  
World War ◽  
Historical Sources ◽  
Legal Documents ◽  
The Soviet Union ◽  
History Of ◽  
Second World

This article describes the history of the judicial system of the Uzbek SSR in 1939-1945 on the basis of a comparative analysis of a large number of historical sources and legal documents. According to the Stalinist Constitution and the law on the judicial system adopted in 1938, changes in the judicial system of the Uzbek SSR, the national composition of judges, staff turnover and the factors that led to this were discussed. The article also describes the mobilization of judges from Uzbekistan to the front after the invasion of the Soviet Union by fascist Germany, increasing the competence of military tribunals, types of criminal and civil cases considered by courts of general jurisdiction, activities carried out in the field of training lawyers

scholarly journals The history of the Kokand Khanate in the press of Turkestan (According to Suttorkhon Abdulgafforov)

2020 ◽  
Vol 3 (12) ◽  
pp. 68-70
Author(s):  
Rakhimjanova Nigora Kudratillaevna
Keyword(s):  
Traditional Education ◽  
Judicial System ◽  
The Press ◽  
History Of ◽  
The Military

Suttorkhon Abdulgafforov's book "A Brief Essay on the Internal Situation of the Kokand Khanate Before the Russian Invasion", published in the Turkestan press, provides valuable information on the history of Kokand. In particular, it reflects governance, traditional education, the judicial system and the military situation in the last days of the khanate

scholarly journals On certain aspects of compulsory measures of educational influence on minors

2021 ◽  
Vol 1 (11) ◽  
pp. 55-61
Author(s):  
E.S. RAKHMAEV ◽  
◽  
A.M. POTAPOV ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Educational Institutions ◽  
Existing Problems ◽  
Judicial Practice ◽  
Current State ◽  
Closed Type ◽  
History Of ◽  
State Body ◽  
Educational Influence

The humanization of criminal and penal policy at the present stage is especially clearly manifested in relation to minors, in particular, when they are released from criminal liability through the use of compulsory educational measures. The article examines the history of the formation of the analyzed legal institution, the step-by-step process of its development, draws conclusions about the current state, the number and content of educational measures, provides statistical data on their application, reveals the problems existing in this area. In particular there is an insignificant share of the use of educational measures by the courts, while maintaining a high proportion of juvenile crimes of small and medium gravity. It is stated that the existing judicial practice is due to the presence of gaps in the criminal legal regulation of the use of measures of educational influence, and their implementation is associated with the shortcomings of the legislation that determines the state policy in relation to children and adolescents. On the basis of an analysis of existing problems as well as an assessment of foreign experience in applying similar measures to minors options for their solution are proposed related to the adoption of certain regulatory legal acts or amendments to existing ones that determine the mechanism for implementing measures of educational influence; creation of a state body with appropriate competence; the expansion of the participation of public organizations in the context of the reduction of special educational institutions of a closed type.

scholarly journals Areas of concern in mediation as a way of corporate disputes settlement

2021 ◽  
Vol 118 ◽  
pp. 04016
Author(s):  
Tatiana Stanislavovna Korobeinikova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Scientific Research ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Research Results ◽  
Methodological Basis ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Areas Of Concern

The purpose of the study involves systemic identification, generalization of the issues of legal regulation of the mediation procedure in corporate disputes settlement based on summarizing judicial practice, scientific research and the regulatory framework. The analysis of judicial practice, statistical data, scientific publications, as well as deduction and synthesis are the methodological basis of the research. The use of these methods made it possible to characterize the mechanism and advantages of using mediation in the settlement of corporate disputes; to identify problems in the application of the mediation procedure; to propose measures for improvement of the legal regulation of mediation, its application in corporate disputes in the Russian Federation. The research results obtained during the analysis of judicial practice and statutory instruments regulating the use of mediation in corporate disputes made it possible for the author to identify a number of problems and possible solutions to them, which are included in the author’s proposals and can be used to improve Russian legislation in terms of corporate disputes settlement using mediation procedures. Moreover, it was substantiated by the author that mediation as a tool for a quick disputes settlement, the preservation of partnership relations after using the mediation procedure will be used more often in the event of a change in Russian legislation. The scientific novelty of the study lies in determining the possibilities of mediation in corporate disputes settlement within the framework of Russian legislation and identification of existing gaps in such regulation.

scholarly journals Abbots of Kyiv Friaries During the XIXth – at the Beginning of the XXth Centuries: Components of their Status

2021 ◽  
pp. 9-19
Author(s):  
Tetiana Kuznets ◽  
Keyword(s):  
Legal Regulation ◽  
State Funding ◽  
High Status ◽  
Historical Sources ◽  
Material Wealth ◽  
Holistic View ◽  
Scientific Analysis ◽  
The Status ◽  
History Of ◽  
General Scientific

The purpose of the article is to clarify the factors that determined the status of abbots of the biggest Kyiv friaries in the XIXth – at the beginning of the XX-th. On the basis of the analysis of archival and published sources of the history of Kyiv eparchy the author shows that the abbots of official Kyiv monasteries, which were subordinated to the Kyiv metropolitan, were vicar bishops (deputies and assistants of Kyiv metropolitan), rector of Kyiv Theological Academy and rector of the seminary. Research methodology is based on the combination of general scientific (analysis, synthesis, generalization) and special-historical (historical-typological, historical-systemic, historical-genetic) methods with the principles of historicism, systematics and scientificity. The method of historical reconstruction made it possible to formulate a holistic view of the abbots of the biggest Kyiv friaries from the scattered facts, who had clearly regulated responsibilities in the monastery and in the management of Kyiv eparchy. The scientific novelty of the work is that using modern methodology of scientific analysis the author shows the components of the high status of the abbots of official Kyiv monasteries, who at the same time performed duties in the structure of diocesan administration. New historical sources are being introduced into scientific circulation, which will supplement the source base of the history of Kyiv eparchy of the XIX – early XX centuries. Conclusions. The analysis of known and newly discovered historical sources made it possible to conclude that official Kyiv friaries, which existed in the XIX – early XX centuries, were in the subordination of metropolitan, had leaders of clergy of high social status. Their abbots, in addition to the duties of managing the monastery, held positions in the diocesan administration: they were the first, second, third, fourth vicars of Kyiv eparchy, the rector of Kyiv Theological Academy and the rector of a theological seminary. The status of abbots of Kyiv monasteries was determined by several components: a legal regulation of rights and responsibilities, clearly defined requirements for candidates for abbot positions, the class of monastery, which meant the amount of its state funding, the size of the monastery property. Sources contain information that with the high status of the position, high salary and material wealth of the monasteries subordinate to them, the abbots of the Kyiv Orthodox monasteries were a model of the ideals of monastic life.

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