scholarly journals Medicalization and Securitization of the Administrative-Public Sphere in the Conditions of the Pandemic in Russia and Germany

2021 ◽  
Vol 18 (4) ◽  
pp. 471-484
Author(s):  
O. I. Beketov ◽  
A. D. Maile ◽  
A. V. Kuyanova
Keyword(s):  
Public Sphere ◽  
The State ◽  
Federal Republic Of Germany ◽  
Public Power ◽  
Legal Norms ◽  
Police Powers ◽  
Wide Range ◽  
Administrative Punishment ◽  
Procedural Support ◽  
Police Control

Against the background of the widespread introduction of a wide range of social and medical measures to protect the health of citizens in order to prevent the spread of the new coronavirus infection COVID-19, attention is drawn to the growing socio-political trend of medicalization of the entire administrative and public sphere. It is reflected in the increasingly clear "securitization" of many parts of public power, which is reflected in the ongoing redistribution and transformation of police powers. A number of world governments are taking actions to combat the pandemic, from imposing responsibility for poor compliance with the introduced antiepidemiological restrictions to developing a vaccine and conducting mass vaccinations, as a result of which lawmaking is actively pursued. In the extraordinary conditions in Russia, as in other countries of the world, the most effective measures to prevent the spread of COVID-19 infection and overcome its consequences were in demand - measures of administrative coercion. The state actively uses the entire arsenal of legal means, including measures of administrative prevention, administrative procedural support and administrative punishment. In the article, the authors analyzed the administrative and legal norms of the Russian Federation and the Federal Republic of Germany, aimed at preventing the import and spread of a new corona virus infection (COVID-19). The trends in the expansion of the scale of administrative and police control, the influence of the state on changing the standards of behavior of citizens and the lifestyle of the population, and the movement of significant segments of crime into cyberspace are illustrated. Comprehension of the latest domestic and foreign experience, forms and methods of police-legal influence in order to reflect the danger, confirms the high relevance and important theoretical significance of the study. The authors conclude that at present both for Russia and for Germany the issues of redistribution and transformation of police powers in the administrative-public sphere of any state, reflecting the processes of medicalization and securitization of various links and sectors of public power in response to existential threats, are relevant and promising. directions of scientific research.

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.

Religie, recht en de kennis van goed en kwaad

2017 ◽  
Vol 71 (4) ◽  
pp. 348-359
Author(s):  
Ashley Terlouw
Keyword(s):  
Public Sphere ◽  
Church And State ◽  
The State ◽  
Civil Servants ◽  
Present Contribution ◽  
Formal Approach ◽  
Legal Norms ◽  
The Public ◽  
State Of Mind ◽  
The Public Sphere

Summary It is not sufficient to take a purely formal approach to the question whether laws are just, as Witteveen does in his ten nomoi. Laws should not only meet procedural norms, but should also adhere to material and moral standards. Religion is one of the sources for morality, including our conception of justice. What are the consequences of this for the place of religion in the public sphere? What relation exists between religious and legal norms? The Dutch interpretation of the relation between state and religion is relatively flexible. Despite the constitutional separation of church and state, there is room for religion in the public sphere. Furthermore, the state can under special circumstances intervene in the private, religious sphere. But due to this flexibility, new questions arise to which the law does not provide answers. The present contribution addresses a particular issue that has been the subject of litigation: is it appropriate for civil servants to wear religious symbols, such as a headscarf, turban or yarmukle? The author argues that in these cases it is insufficient to appeal to the neutrality of the state. Neutrality is not an external feature, but it is the state of mind with which civil servants perform their functions.

scholarly journals LEGAL CONVERGENCE IN THE CONTEXT OF MIGRATION PROCESSES REGULATION IN RUSSIA: STATEMENT OF THE PROBLEM

2019 ◽  
Vol 7 (2) ◽  
pp. 16-20
Author(s):  
Варвара Богдан ◽  
Varvara Bogdan ◽  
Маргарита Урда ◽  
Margarita Urda
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
The State ◽  
Legal Consciousness ◽  
National Interests ◽  
Public Interests ◽  
Legal Norms ◽  
Legal Psychology ◽  
Wide Range ◽  
Unlawful Conduct

In this paper, the authors considers the problem of legal convergence on the example of migration processes, covering a wide range of social relations and affect national, public, public interests of the state. The purpose of the study to perform legal convergence in the context of regulation of migration processes in Russia, the main objectives of the study: to establish methodological approaches to the cognition of legal convergence; to show the mechanism of legal convergence; to define the essence of legal divergence; to identify methods of implementation of legal convergence; to reveal the peculiarities of the legal convergence of the elements of the system of law in the regulation of migration processes. In this study, the following methods were used: methods of collection and study of single facts; methods of compilation; methods of scientific abstraction; the methods of cognition of regularities. At the stage of collecting and studying of the isolated facts were used the methods of legal interpretation, which has revealed the content of legal norms, the will of the legislator, which is reflected in legal acts; concrete-sociological methods (observation, analysis of written sources, questionnaires, interviews); socio-psychological methods - tests of the scale, as a kind of specific sociological methods, modified for the study of legal psychology and legal consciousness of citizens, based on their lawful or unlawful conduct. On the basis of the study concluded that, establishing a special legal status of foreign citizens, the legislator reflects public interests and the interests of individuals (including foreign citizens). A measure of the convergence of natural rights and their legislative display are the national interests of balanced interests of individuals, society and the state in various spheres of life.

scholarly journals Evolutionary trends in the interpretation of the European Court of Human Rights under the European Convention on Human Rights

2021 ◽  
Vol 39 (68) ◽  
pp. 88-102
Author(s):  
Svitlana Karvatska ◽  
Mariia Blikhar ◽  
Nataliia Huralenko
Keyword(s):  
Human Rights ◽  
The State ◽  
International Justice ◽  
European Convention ◽  
Judicial Activism ◽  
Evolutionary Trends ◽  
Legal Norms ◽  
European Court ◽  
Wide Range ◽  
Formal Application

The purpose of this Article is to analyse evolutionary trends in the interpretation of the European Convention on Human Rights (ECHR) by the European Court of Human Rights (ECtHR). To achieve this goal, a wide range of general philosophical methods were used. The Article submits that the ECHR has shown a growing commitment to the evolutionary method of interpretation, using the doctrine of a "living instrument", the ECHR, which is particularly important for Member States with specific problems, although this method limits the scope in the discretion of the State. It is concluded that the interpretative methodology used by the ECHR involves the use of its methods, including increasingly developing methods of consensus, efficiency, judicial activism, comparison, innovative interpretation, autonomous method, and "balance" method. This demonstrates, inter alia, the unlimited potential to improve the ECHR's interpretation of conventional standards. In the context of modern transformations in the direction of proactive international justice, judicial activism objectively departs from a formal application of legal norms and reflects the ECHR's desire to protect the fundamental human rights of individuals and communicatethem.

19. Police powers

2021 ◽  
pp. 460-484
Author(s):  
Anne Dennett
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Public Order ◽  
Public Power ◽  
The Rule Of Law ◽  
The Public ◽  
Police Powers ◽  
Codes Of Practice ◽  
The Law ◽  
The Relationship

This concluding chapter studies police powers. It is the function of the police to keep the public secure by preventing and detecting crime, and maintaining public order. This involves the exercise of public power and powerfully engages the relationship between the citizen and the state. There are clear links between police powers and the rule of law: it is imperative that police powers are not used in a random, arbitrary way; are clear, foreseeable, and accessible; are not unlimited; and are in accordance with the law. Police powers are mostly statute-based, the most significant of which is the Police and Criminal Evidence Act 1984 (PACE) which was enacted to achieve a balance between protecting citizens’ rights and effective police powers. Under section 66, the Home Secretary issues detailed Codes of Practice regulating the exercise of police powers and providing clear guidelines for the police and safeguards for the public.

The Brussels Convention and Reparations - Remarks on the Judgment of the European Court of Justice in Lechouritou and others v. the State of the Federal Republic of Germany

2007 ◽  
Vol 8 (4) ◽  
pp. 417-442 ◽  
Author(s):  
Veronika Gärtner
Keyword(s):  
Federal Republic ◽  
Armed Forces ◽  
The State ◽  
European Court Of Justice ◽  
Brussels Convention ◽  
Federal Republic Of Germany ◽  
Public Power ◽  
Court Of Justice ◽  
European Court ◽  
History Of

On 15 February 2007, the European Court of Justice delivered its judgment in the case Lechouritou and others v. the State of the Federal Republic of Germany. The case concerned the question whether compensation for acts perpetrated by armed forces in the course of warfare can be asserted on the basis of the jurisdictional rules provided for by the Brussels Convention. The Court held that such an action did not fall within the scope of the Convention since it could, due to its origin in sovereign acts, not be regarded as a civil matter in terms of Art. 1 Brussels Convention. Thus, jurisdiction for claims directed at the compensation for damages resulting from the exercise of public power cannot be based on the Brussels Convention. The analysis of the Court's ruling will proceed as follows: First, the history of the case as well as the essence of the judgment will be presented (infra B) before giving a review on the Court's previous case law on the concept of “civil matters” (infra C). This outline will be followed by an analysis and a classification of the ruling in the Court's jurisprudence (infra D), before eventually the results will be summarized (infra E).

scholarly journals LEGAL INTERPRETATION IN RUSSIAN LAW: THE UNITY OF THE METHODOLOGICAL AND ACTIVITY APPROACHES

2019 ◽  
Vol 23 (2) ◽  
pp. 200-218
Author(s):  
Yulia A. Gavrilova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Interpretation ◽  
Legal Analysis ◽  
Legal Norms ◽  
Wide Range ◽  
History Of ◽  
Russian Law ◽  
Scientific Attention ◽  
Modern Russian

The problem of legal interpretation in Russian jurisprudence is characterized by an extremely wide range of opinions: from formally dogmatic to postmodern. Every scientist tries to see in the interpretation something «his own». A number of scientists believe that it is possible to discuss the terminology of the question, in particular, the distinction between «interpretation» and «explain». Others consider that the purpose of studying the interpretation is to find the best ways to understand the laws published in the state. For the third, the interpretation is interesting in that it lies at the basis of the discretion of officials in the course of practical work on resolving legal disputes, and this raises questions of the limits of interpretation. For the fourth, the interpretation has the status of an ideological toolkit for solving social problems, for example, in constitutional judicial proceedings. The current doctrinal state of the interpretation problem lags behind the needs of legislation and legal regulation practice. Therefore, the changes in the passport of a scientific specialty 12.00.01 - the theory and history of law and the state; the history of the doctrine of law and the state, which singled out the legal interpretation as an independent method of the study of law, requires due scientific attention. The purpose of the article is to give the author's a generalized idea of the place and meaning of legal interpretation in modern Russian law on the material of available scientific literature. Research methods: formal legal, analysis and synthesis, modeling, extrapolation. The results of the study. The age-old disputes over legal interpretation among scholars and practitioners lawyers, philosophers, politicians are explained by the polysemy of the term «interpretation», which allows considering it, according to the author’s article, in two fundamental meanings: narrow and broad. In a narrow linguistic sense, interpretation is a combination of linguistic methods for analyzing legal texts. In a broadly discursive sense, interpretation is perception, translation (decoding) and extracting the meaning of any legal phenomena. Separately highlighted are the methodological and activity aspects of this problem, focusing respectively on modern approaches to interpreting the phenomena of the entire legal life of society, as an integral part of legal discourse, and traditional approaches to interpretation as special activities aimed at understanding the meaning of textually fixed legal norms using special technical-legal means. It is concluded that the generalized consideration of legal interpretation in modern Russian law is necessary in the unity of the methodological and activity aspects.

19. Police powers

2019 ◽  
pp. 437-456
Author(s):  
Anne Dennett
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Public Order ◽  
Public Power ◽  
The Rule Of Law ◽  
The Public ◽  
Police Powers ◽  
Codes Of Practice ◽  
The Law ◽  
The Relationship

This concluding chapter studies police powers. It is the function of the police to keep the public secure by preventing and detecting crime, and maintaining public order. This involves the exercise of public power and powerfully engages the relationship between the citizen and the state. There are clear links between police powers and the rule of law: it is imperative that police powers are not used in a random, arbitrary way; are clear, foreseeable, and accessible; are not unlimited; and are in accordance with the law. Police powers are mostly statute-based, the most significant of which is the Police and Criminal Evidence Act 1984 (PACE) which was enacted to achieve a balance between protecting citizens' rights and effective police powers. Under section 66, the Home Secretary issues detailed Codes of Practice regulating the exercise of police powers and providing clear guidelines for the police and safeguards for the public.

KEY ASPECTS OF TRANSFORMATION OF THE STATE AUTHORITIES IN THE WORLD AND TO THE MODERN SOVERUM UKRAINE: A JOINT AND PERSONALITY

2018 ◽  
Vol 1 (11) ◽  
pp. 164-174
Author(s):  
Оlena Fedorіvna Caracasidi
Keyword(s):  
Separation Of Powers ◽  
Human Life ◽  
State Power ◽  
The State ◽  
Public Power ◽  
The People ◽  
Large Numbers ◽  
The World ◽  
Distribution Of Power ◽  
Key Aspects

The article deals with the fundamental, inherent in most of the countries of the world transformation of state power, its formation, functioning and division between the main branches as a result of the decentralization of such power, its subsidiarity. Attention is drawn to the specifics of state power, its func- tional features in the conditions of sovereignty of the states, their interconnec- tion. It is emphasized that the nature of the state power is connected with the nature of the political system of the state, with the form of government and many other aspects of a fundamental nature.It is analyzed that in the middle of national states the questions of legitima- cy, sovereignty of transparency of state power, its formation are acutely raised. Concerning the practical functioning of state power, a deeper study now needs a problem of separation of powers and the distribution of power. The use of this principle, which ensures the real subsidiarity of the authorities, the formation of more effective, responsible democratic relations between state power and civil society, is the first priority of the transformation of state power in the conditions of modern transformations of countries and societies. It is substantiated that the research of these problems will open up much wider opportunities for the provi- sion of state power not as a center authority, but also as a leading political structure but as a power of the people and the community. In the context of global democratization processes, such processes are crucial for a more humanistic and civilized arrangement of human life. It is noted that local self-government, as a specific form of public power, is also characterized by an expressive feature of a special subject of power (territorial community) as a set of large numbers of people; joint communal property; tax system, etc.

RESEARCH ON INVESTMENT AND INNOVATION ACTIVITY IN UKRAINE: TRENDS AND PROBLEMS

2018 ◽  
Vol 1 (01) ◽  
pp. 5-73
Author(s):  
Anatoliy Ivanovich Bogdanenko
Keyword(s):  
State Policy ◽  
Innovation System ◽  
State Regulation ◽  
The State ◽  
Innovation Activity ◽  
Legal Principles ◽  
Innovation Activities ◽  
Wide Range ◽  
Intellectual Potential ◽  
Innovation Processes

In the monograph the theoretical identification of concepts and categorical series of state regulation of investment-innovation processes are investigated; the directions of optimization of the state policy of innovation and investment development management in Ukraine are determined; the organizational and legal principles of the state regulation of development of intellectual potential of the population are substantiated; the areas of development and improvement of the national innovation system as an object of state policy are highlighted and assessed. The monograph will be interesting for scholars, lecturers, doctoral and graduate students, and will also be useful to practical politicians, journalists and media workers and a wide range of readers interested in investment and innovation activities.

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