scholarly journals Scientific law as a branch of Russian law

2020 ◽  
Vol 2 (4) ◽  
pp. 52-70
Author(s):  
Anton Vasiliev

The paper puts forward the thesis that there are preconditions for the formation of scientific law as a branch of Russian law. The author examines approaches to the sectoral nature of the legal norms regulating relations in the field of scientific activity. Special attention is paid to the subject and method of scientific law as classical criteria for the separation of branches of law. The article substantiates the need for a theoretical and methodological substantiation of scientific law, doctrinal understanding of the problems of legal regulation of science in a knowledge society. The successful scientific and technological development of Russia determines the existence of an adequate system of legal regulation of scientific activity.

2019 ◽  
Vol 1 (1) ◽  
pp. 96-109
Author(s):  
Natalia V. Putilo ◽  
Yulia I. Shupletsova

The main attention in the article is paid to the Strategy of scientific and technological development of the Russian Federation, namely: the problems of Russian science outlined in it. Summarizing these problems, the authors conclude that the main problem is the management of the process of obtaining scientific knowledge that is inadequate to modern challenges, the result of which is: lagging of research topics from current requirements, leakage of scientific personnel abroad, low efficiency of organizations involved in scientific research, etc. Based on the existing regulatory framework and research on this issue, the article gives an author’s vision of the necessary changes in the management of science, which are based on a radical review of the legal status of individuals engaged in scientific activities.


2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.


Author(s):  
Oleksandr Kosychenko ◽  
Illia Klinytskyi

Given the specifics of the provision of services and sales of goods on the Internet, the contract of public offer is the most common and close to the electronic format of the agreement. However, in Ukraine, the Russian Federation and the Republic of Poland, as in other countries, the use of this type of legal instruments has a number of problems related to the legal regulation and the procedure for concluding an agreement. This paper examines the main aspects of the legal implementation of public offer agreements in the above countries. Thus, the subject of the study is the contract of public offering as a legal phenomenon. The purpose of the work is to determine the main problems of concluding a public offer contract in electronic mode, and to find optimal solutions in the context of the stated issues, based on the legislation and practice of selected countries


2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.


2018 ◽  
Vol 4 (3) ◽  
pp. 210-226
Author(s):  
D. P. Fedulkin ◽  
V. G. Zinov

The article presents an overview of public policy measures in the field of identification, consolidation and inventory of rights to the results of intellectual activity with a high potential of industrial use. Proposals for the development of mechanisms of legal protection of individual intellectual property objects are substantiated. The instructive and methodical regulation of works on registration of results of scientific and technical activity under the state contracts is analyzed. Attention is paid to the complexity of the procedure of passing and agreeing the final results of their implementation. Methodological approaches to the improvement of identification and inventory of protectable results of intellectual activity obtained in the course of execution of state contracts as part of the organization’s activities in the field of innovation and technological development in order to implement the business strategy in the domestic and global markets are proposed.


2021 ◽  
Vol 12 (1) ◽  
pp. 6-32
Author(s):  
Emil Vlajki

The history of humanity is a history of rationality. As a result, mankind has progressed from the Stone Age to the era of modern medicine, genetics, computer science, robotics, and nanotechnology. The life span of a man in ancient times was about twenty years, and today, in highly developed societies, a man lives, on average, to eighty-six years. Advances in science and technology have not always had a positive impact. Suffice to say, the ongoing environmental problems that seriously affect humanity or, for example, the dietary problems that have resulted due to genetic manipulation. Scientific and technological development must be considered in a serious and philosophical manner. Ethics are increasingly becoming an integral part of life. In this paper, we focused on the new coronavirus that has led to the planetary-wide disease called COVID-19. All countries have engaged in their efforts to suppress the resulting pandemic. However, some of the utilized measures have been suspect: whether to lock-down people in quarantine, whether their movement should be restricted, whether they should be forced to vaccinate, and so on. Claiming to act prophylactically, scientists, by adding some DNA, RNA segments (gain of function, GOF) to an innocuous human virus, have created a dangerous artificial influenza virus. Likewise, an artificial, infectious coronavirus was created in a laboratory. Both procedures for creating these dangerous, hybrid viruses have been described in eminent scientific journals. The scientists involved in this research told us that they wanted to find cures and vaccines for these non-natural viruses on the off-chance they ever appeared among humans; when carefully handled, engineered organisms provide a unique opportunity to study biological systems in a controlled fashion. Biotechnology is a powerful tool to advance medical research and should not be abandoned because of irrational fears. But the chance of this type of virus appearing among humans is almost non-existent. However, what if these viruses "escape" from the lab, as has happened in the recent past? What if a terrorist organization start producing these viruses on their own according to detailed instructions and then use them? Finally, since the two great world powers, the US and China, that jointly created the artificial coronavirus, called SHC014-MA15, who can stop them from continuing this practice? Isn't it possible that they also created the current SARS-CoV-2 provoking a death of two and a half million people? Related to these questions, this study deals with the issue of tolerance. A large number of world-renowned scientists really believe that the current cause of the pandemic, SARS-CoV-2, is an artificial, laboratory-created virus, presenting a number of facts for this. It is not disputed that their claims are arguable. This, however, does not mean that their opponents, pharmaceutical companies and some superpowers, who have far greater political and economic power, have to incorrectly and utterly embarrass them all over, morally discredit them, nor ban their texts on the subject. In science, the struggle must be waged by arguments, not by totalitarian Orwellian methods.


2018 ◽  
Vol 81 (2) ◽  
pp. 28-37
Author(s):  
M. Y. Bukreev

The subject matter of the research is the relations that are formed in the process of banking operations. It has been substantiated that banks and the banking system are among the most important financial institutions, which proper and stable functioning influences on all other spheres of life in the state. It is proved by the consequences of crises in the banking sector that have occurred in Ukraine over the past few years. Awareness of the importance of this area and the possible consequences of unlawful encroachments have determined the need to search for all legal means for combating delicts in the sphere of banking operations. Understanding the fact that one can achieve significant results in the sphere of protecting banking operations by administrative and legal means, has necessitated this scientific study. In order to analyze banking operations as an object of administrative and legal protection, the author has fulfilled the following tasks. The author has highlighted the use of the concepts of “protection” and “administrative and legal protection” in the context of their implementation in relation to banking operations. The foundations of Ukrainian and international administrative and legal regulation of protecting relations in the sphere of banking operations have been revealed. The essence and features of banking operations influencing the understanding of the sphere of protected relations have been outlined; and the content of administrative and legal protection of relations in the field of banking operations has been revealed. It has been noted that there is an extensive system of banking legislation on legal norms in Ukraine regulating banking operations that require legal protection. The practical significance of the obtained results of the article is determined by the substantiated provisions for improving the approaches to increase the efficiency of the administrative and legal protection of the relations in the sphere of banking operations. A number of practical results of the research can be used while studying administrative and legal means of protecting relations in the field of banking operations.


Author(s):  
Aleksandr Paramonov

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.


Author(s):  
Marina Afanas'evna Lapina

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.


Author(s):  
Magomed Sh. Mintsaev ◽  
Irina E. Ilina ◽  
Svetlana L. Parfenova ◽  
Vladislava N. Dolgova ◽  
Elena N. Zharova ◽  
...  

Introduction. The implementation of priorities of the scientific and technological development of the Russian Federation involves an assessment of the trends in the development of human, scientific, technological and innovation potential within the framework of these directions. In modern conditions of transformation of science and technology into key factors of Russian development, it is necessary to provide the country’s economy with human resources capable of withstanding “big challenges”, but at this stage there is a shortage of highly qualified specialists in many key industries that can offer a new scientific result, taking into account the prospects for its application. The purpose of the article is to develop an approach to assess the human, scientific, technological and innovative potentials in the context of priorities in the scientific and technological development of the Russian Federation and its validation using the example of three priorities. Materials and Methods. The materials of this study draw on Rosstat and FSMNO ; Rospatent; Web of Science and Scopus. The object of research is to assess human, scientific, technological and innovative potential in the context of priorities in scientific and technological development of the Russian Federation. In the course of the research, a multiplicative model of the impact of the availability of human, scientific, technological and innovative capacity on labour intensity was developed. In the process of research, the following research and analysis methods were used: comparison, induction and deduction method, generalisation method, chain substitution method, logical structure study, system analysis, and special methods of statistical, comparative analysis. In the methodological plan, we used the system and process appro aches in the basis of the study. Results. The study revealed that the labour intensity in 2016 for all three priorities of the scientific and technological revolution of the Russian Federation has increased. Therefore, according to the priorities of the scientific and technological revolution of the Russian Federation, the availability of scientific, technological and innovative potential is not sufficient, which leads to a decrease in the reverse indicator of labour intensity - labour productivity in the markets within the framework of these priorities. Concerning the impact on labour intensity in all three priorities, one observes: the growth of “collaborations” in fundamental research, the applied effectiveness of scientific activity, “collaborations” of applied research; reduction in citations from scientific articles, low patent activity of engineering and technical workers, technological demand for patents. Therefore, against the background of emerging collaborative activity of actors in the process of research and development and the growth of the applied effectiveness of scientific activity, there is a low level of orientation of scientific and scientific-technical results to c ommercialisation. Discussion and Conclusions. On the basis of the multiplicative model developed by the authors for assessing the impact of the provision of human, scientific, technological and innovative capacities on labor intensity, it was tested on the example of the three priorities of the scientific and technological development of the Russian Federation (a, b, c). It was revealed that the labour intensity in 2016, according to the priorities of the Scientific and Technical Council of the Russian Federation, increased, and the availability of scientific, technological and innovative potential is not sufficient, which leads to a decrease in the inverse measure of labour intensity - labour productivity in high-tech markets within the framework of these priorities. Concerning the impact on labour intensity for all three priorities, it was revealed: the growth of “collaborations” of fundamental research, the applied effectiveness of scientific activity, “collaborations” of applied research; reduction in citations from scientific articles, low patent activity of engineering and technical workers, technological demand for patents. It was also revealed that against the background of the emerging collaborative activity of actors in the process of research and development and the growth of the applied effectiveness of scientific activity, there is a low level of orientation of scientific and scientific-technical results to commercialisation.


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