scholarly journals A Review of a Thesis by Tatyana M. Chelpanova The Foreign Experience of the Legal Regulation of the Status and Operations of Chaplains in the Armed Forces: Constitutional Law Research

2020 ◽  
Vol 11 ◽  
pp. 86-88
Author(s):  
Anatoliy V. Pchelintsev ◽  
Keyword(s):  
Constitutional Law ◽  
Critical Reflection ◽  
Armed Forces ◽  
Legal Regulation ◽  
Present Stage ◽  
Military Chaplains ◽  
Foreign Experience ◽  
The Status

This dissertation article concludes that the study of the experience of legal regulation of military chaplains abroad and the critical reflection of this experience concerning Russian domestic military legislation at the present stage of military developments is of exceptional relevance.

scholarly journals Institutionalization of Constitutional Norms in the Dynamics of the Subject Matter of the Legal Regulation

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
N. E. Taeva
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Natural Law ◽  
Constitutional Law ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Present Stage ◽  
The Subject

In the paper based on conceptual provisions put forward by Prof. Kozlova, the author sets the objective to identify tendencies that manifest themselves in the development of constitutional and legal institutions at the present stage taking into account the dynamics of the subject of legal regulation, as well as the ongoing transformation of the Russian legal system. In this regard, the author has examined the problem of expanding the field of relations regulated under constitutional law. The author has concluded about the blurring of boundaries between institutions of constitutional law, which entails the problem of attribution of norms to a particular institution. The paper has analyzed the issue of emergence of intersectoral institutions that can be characterized as neither public nor private, as neither substantive nor procedural. This leads to the need to change the very approach to the concept of “institution of law.” It is concluded that constitutional law institutions can contain unwritten legal regulators that can include both rules of natural law and rules of conduct developed directly in the society.

scholarly journals Public services and digital technologies: legal registration in constitutional law

2019 ◽  
pp. 27-33
Author(s):  
E. P. Voronyuk
Keyword(s):  
Constitutional Law ◽  
Public Services ◽  
Social Issues ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Present Stage ◽  
Public Authorities ◽  
Technological Organization ◽  
Stage Of Development ◽  
Legal Context

The purpose of the article is to identify the role and place of digital technologies in public services. Considering the content and importance of the constitutional and legal regulation of public services using digital technologies in the context of the implementation of the constitutionally enshrined social statehood of Russia, the author draws the following conclusion: the objective of the modern State is to fully ensure enforcement of the needs of citizens and the provision of public services using digital technologies.The analysis of doctrinal approaches and normative consolidation of information and technological organization of interaction between citizens and public authorities showed that the innovative way of digital technologies has been chosen and normatively consolidated in modern Russia as the basis for economic development — the basis of Social Statehood. This requires scientific understanding and development of mechanisms for its implementation in social issues in the legal context.Also, the author gives a brief overview of the main risks of introduction of digital technologies in Russian constitutional law at the present stage of development. The paper reveals topical issues in heoretical and practical contexts; the author suggests the ways how they can be resolved. 

scholarly journals Illegal circulation of digital currencies: features of criminal investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 252-264
Author(s):  
Lydiya Voskobitova ◽  
Tatyana Vilkova ◽  
Sergey Nasonov ◽  
Maxim Khokhryakov ◽  
Yuri Reshetnikov
Keyword(s):  
Law Enforcement ◽  
Digital Technology ◽  
Legal Regulation ◽  
Present Stage ◽  
Criminal Cases ◽  
Digital Currency ◽  
Analysis And Synthesis ◽  
The Status ◽  
Special Knowledge ◽  
Illicit Trafficking

The purpose of the study is to analyze the international and national legal regulation of the digital currencies circulation at the present stage, to assess the state of crime with the illegal use of these assets, to identify the features of the investigating such crimes and to substantiate proposals aimed at improving legislation and law enforcement practice. The following methods were used in the research: normative and comparative legal – in the analysis of legislation and practice of seizure and confiscation of digital currencies in different states, to identify the strengths and weaknesses of national approaches, to assess the possibility of their unification and harmonization; phenomenological – in considering the criminal trafficking in digital currency as a phenomenon that requires special methods of detection and investigation; general logical methods of analysis and synthesis, induction and deduction, methods of empirical research and analysis. It was shown that with the rapid growth of crime involving cryptocurrencies, the legislation of various states is at the stage of formation of legal regulation of the fight against its illicit trafficking: only some countries have established the status of digital currency as property, provided for the specifics of seizure, storage and sale of digital currency in criminal cases. The need to recognize digital currencies as property has been substantiated. It is shown that the seizure and confiscation of cryptocurrencies should be carried out only by court decision. The lack of special knowledge in the field of digital technology among the investigator, prosecutor and the court requires the mandatory involvement of a specialist in the proceedings on cases of crimes committed with the use of digital currency.

scholarly journals Constitutional And Legal, Protective Function Of Lands In Ukraine At The Present Stage

2020 ◽  
pp. 67-74
Author(s):  
O.A. Vivcharenko
Keyword(s):  
European Union ◽  
National Security ◽  
General Structure ◽  
Land Rights ◽  
Armed Forces ◽  
Legal Regulation ◽  
Present Stage ◽  
Protective Function ◽  
Land Protection ◽  
European Union Legislation

The article is devoted to the legal regulation of public relations regarding land protection and its protection function, is based on the creation of a regulatory framework in Ukraine, which defines legal norms in the field of land rights, property and other land rights, based on European standards focused on priority of land protection. Formation and improvement of legal regulation of relations on land protection belongs to the priority areas of adaptation of Ukrainian legislation to European Union legislation, defined by the Law of Ukraine «On National Program of Adaptation of Ukrainian Legislation to European Union Legislation», which is designed to form and improve new regulation relations regarding land plots, ensuring responsibility and harmonization with the legislation at the present stage. The legislation of Ukraine establishes the powers of the subjects of national security. The President of Ukraine, as the Supreme Commander-in-Chief of the Armed Forces of Ukraine, the Chairman of the National Security and Defense Council, exercises general leadership in the spheres of national security and defense of Ukraine. The Verkhovna Rada, within the powers provided by the Constitution of Ukraine, determines the principles of foreign and domestic policy, national security, forms the legal framework in this area, approves decisions on the imposition of state of emergency and martial law, mobilization, general structure, size of the Armed Forces of Ukraine and other military formations created to the laws of Ukraine.

scholarly journals Technical and legal imperfection of the framework of federal electoral legislation in Russia

2019 ◽  
pp. 75-80
Author(s):  
Vladimir Tsvetkov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Present Stage ◽  
Judicial Practice ◽  
Stage Of Development ◽  
The Status ◽  
The Russian Federation

The article describes the problematic issues of the federal framework regulation of the electoral rights of citizens at the present stage of development of Russia. The examples from domestic judicial practice reveal specific problems in the field of legal regulation of the organization and conduct of elections in the constituent entities of the Russian Federation and municipalities, the solution of which could be avoided by due legal regulation and institutionalization of the status participants in electoral legal relations.

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

Organizer of Scientific Activity as a Subject of Intellectual Rights

2020 ◽  
pp. 42-53
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Research Teams ◽  
Legal Structure ◽  
The Status ◽  
Scientific Results ◽  
Exclusive Right ◽  
Academic Search ◽  
Scientific Team

The author analyzes the legal status of the organizers of artistic creation, enshrined in the Russian legislation de lege lata, and develops the legal status of the organizer of scientific activities de lege ferenda. It is proposed to consider the organizer of scientific activity as only the head of the temporary scientific team, the purpose of which is to solve a specific scientific problem. A set of elements of the legal structure is formulated, which may be fixed in a normative manner in order to ensure uniformity of legal regulation of the activities of temporary research teams. The status of the organizer of scientific activity is determined on the base of his organizational efforts to guide the creative activities of the team (a distinction is made between the creative and organizational contribution of the head of the scientific team to the overall result). Various options for modeling the legal status of the organizer of scientific activities are discussed: inclusion of the organizer among the co-authors the scientific results obtained by the team; inclusion of the organizer among the co-authors in case if he / she has a creative idea (topic) of academic search; granting the organizer related intellectual rights to the entire result obtained by the team. It is presumed that the organizer of scientific activity is the author of the idea of scientific search for solving the task set for the temporary team. It is concluded that the organizer of scientific activity (the head of the temporary scientific team) must be endowed with related intellectual rights: 1) the exclusive right to use the scientific result obtained by the team as a whole, and 2) the personal non-property right to indicate his name in any use of this result. The author substantiates the content, non-turnover and special validity period of the exclusive right of the organizer of scientific activity.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

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