Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

Equality of rights and obligations as the main element of the concept of the principle of equality of convicted persons before the law in the criminal-executive law of the Russian Federation

2019 ◽  
pp. 62-68
Author(s):  
Николай Сергеевич Ковалев
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
The State ◽  
Main Element ◽  
Equal Rights ◽  
Scientific Methods ◽  
General Scientific ◽  
The Law ◽  
The One ◽  
The Relationship

Объектом представленного в статье исследования являются общественные правоотношения в области уголовно-исполнительного законодательства, которые заключаются в реализации равных прав и обязанностей, а также в их защите государством. Предметом выступают нормы уголовно-исполнительного права, регламентирующие взаимоотношения субъектов правоотношений по поводу исполнения и отбывания всех видов уголовных наказаний, одним из которых выступает осужденный в качестве лица со специальным правовым статусом. В качестве методологической основы познания в работе были использованы общенаучные методы - анализ, сравнение, дедукция, индукция, и частнонаучные - формально-юридический и метод анализа. Принцип равенства осужденных перед законом предусматривает равные права и обязанности осужденных в уголовно-исполнительным праве, а также единую возможность для реализации этих права и исполнения возложенных законом обязанностей. При этом гарантии их соблюдения, а равно и защита, устанавливаются государством. The object of this study is public relations in the field of criminal-executive legislation, which consist in the implementation of equal rights and duties, as well as in their protection by the state, which is one of the most pressing issues. The subject of the research is the norms of criminal-executive law governing the relationship between the subjects of legal relations regarding the execution and serving of all types of criminal penalties, which the convicted person, on the one hand, acts as a person with special legal status. As a methodological basis of knowledge, general scientific methods were used in the work: analysis, comparison, deduction, induction and private science: formal-legal and method of analysis. The principle of equality of convicted persons before the law provides for equal rights and obligations of convicted persons in criminal-executive law, as well as a single opportunity for the exercise of these rights and the fulfillment of obligations imposed by law. At the same time, guarantees of their observance, as well as protection, are established by the state.

Implementation of equality principle of convicts under the law in the norms regulating the institution of convicts’ departure outside the penitentiary: some issues and ways to solve them

2021 ◽  
pp. 90-98
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Penal Law ◽  
General Scientific ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
Law Making

One of the areas of effective legal regulation of penal legal relations is the compliance of lawmaking and law-enforcement activities with the requirements of the fundamental provisions of penal legislation. The object of the research is the implementation of the equality principle of convicts un-der the law through the consolidation of equal rights, duties and legitimate in-terests of convicts in the penal legislation. The subject of the research is the penal legislation norms governing the institution of the convicts’ departure outside the penitentiary. We indicate the connection of the phenomenon un-der study with the lawmaking and law-enforcement aspect of penal law. We outline some of the law-making and law-enforcement penal issues that are directly related to the consolidation and application of the penal legislation norms when granting convicts the right to leave the penitentiary to visit chil-dren. As a methodological basis for cognition, the following are used: general scientific methods of analysis, synthesis, induction, deduction, which make it possible to investigate aspects of penal legal reality directly related to the im-plementation of the principles of penal legislation, to formulate well-grounded conclusions; private scientific methods – formal legal and comparative legal – make it possible to identify problems of legal regulation, develop proposals for changing legislation. As a result of the study, we identify the penal legislation norms that contradict the equality principle of convicts under the law, and propose ways to eliminate the identified contradictions.

Peculiarities of Individual Judicial Regulation of Relations with Participation of Peasant (Farm) farms

2021 ◽  
Vol 2 ◽  
pp. 27-33
Author(s):  
V.A. Chirkova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Legal Form ◽  
Peasant Farmer ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
Peasant Farm ◽  
Legal Document ◽  
General Scientific ◽  
The Law

The legal regulation of relations with the participation of peasant (farmer) farms is complicated by the absence of a single legal act that would consistently cover all the rules governing the creation and activities of known types of peasant farms, which include: a sole peasant farm represented by an individual entrepreneur, a contractual association of citizens without the formation of a legal entity and peasant farms as the legal form of a legal entity. Individual judicial regulation, possessing a sign of feedback for legal regulation, can help increase its effectiveness. The purpose is to study the characteristics of individual judicial regulation of relations with the participation of peasant (farmer) enterprises on the example of individual judicial acts, as well as suggesting ways to resolve the problems identified. To achieve the stated goal, the following tasks were set: – designation of peasant farms confirmed by court decisions on disputes involving them; – the identification and study of the features of individual judicial regulation of relations with the participation of these types of peasant farms; – consideration of the possibility of application by courts of an analogy of the law in relation to peasant farms; – suggesting ways to address the identified problems of individual judicial regulation of relations with the participation of peasant farms. The methodological basis of the study consists in the use of general scientific (dialectics, analysis and synthesis) and private scientific research methods (formal legal, document analysis method). Brief conclusions of the study. 1. The marked differentiation of types of peasant farming makes it possible to specify the features of legal and individual regulation of each of them, and also makes it possible to exclude the accidental application of improper legislation in relations with the participation of peasant (farm) farms. 2. To determine the characteristics of individual types of farms, it is necessary to accurately determine the basis for the occurrence of each of them. 3. The application of the analogy of the law to peasant farms as partnerships or societies should be excluded, and the full identification of farms with these legal entities should not be allowed. 4. A special law that would determine the particular legal status of the peasant economy as a legal entity in accordance with clause 5 of article 86.1 of the Civil Code has not yet been adopted.

scholarly journals The prospects for ecological tourism development in Ukraine

2019 ◽  
Keyword(s):  
Tourism Development ◽  
Qualitative Evaluation ◽  
Legal Regulation ◽  
Resource Base ◽  
Scientific Methods ◽  
Current State ◽  
Initial Stage ◽  
General Scientific ◽  
Evaluation Of Data ◽  
Ecological Tourism

At the present stage of tourism development in the world, the ecological tourism is one of the priority directions of sustainable development of the territories. Ecological tourism in Ukraine is at an initial stage of its expansion, but due to the existing natural and recreational resources of the country, this type of tourism has all the chances to become one of the main types of travel and create all conditions for improving the socio-economic situation of the population. The subject of the research is the prospects for the development of ecological tourism in Ukraine on the basis of the existing resource base. The goal of the paper is to substantiate the state and the prospects of the development of ecological tourism in Ukraine. The objective: to define the essence of the concept of "ecological tourism", to analyze the current state of the development of ecological tourism in Ukraine, to consider the features of regulatory and legal regulation of ecological tourism, to determine the prospects for the development of ecological tourism.In the article general scientific methods are used such as the analysis - for the research of separate components of ecological tourism; synthesis – to combine individual facts; statistical method – for the processing of statistical information and for qualitative evaluation of data; method of induction and deduction – helps to draw conclusions based on existing facts; systematic approach – for a holistic study of the prospects of ecological tourism relative to external factors of influence. The following results were obtained: on the basis of the analysis, the theoretical aspects of the concept “ecological tourism”are investigated, the necessary resources for the development of ecological tourism in the country are identified and the main prospects for the development of ecological tourism of Ukraine are determined. Conclusions: the prospects for the development of ecological tourism reflect the positive effect of ecotourism in Ukraine, which indicates the importance of its organization and development in the domestic tourist market of the country.

scholarly journals «The Constitution of Karel Kramář»: A Draft of Presidential Republic for Russia

2020 ◽  
Vol 15 (12) ◽  
pp. 11-22
Author(s):  
D. R. Zainutdinov ◽  
A. G. Gataullin
Keyword(s):  
Legal Status ◽  
Executive Power ◽  
Scientific Methods ◽  
Liberal Democratic ◽  
Legal Method ◽  
Head Of State ◽  
Russian State ◽  
General Scientific ◽  
Study Methodology ◽  
Draft Constitution

Abstract. The paper is devoted to the examination of the possibility of establishing a presidential republic in Russia after 1917. The authors have investigated the legal stance of the conservative-liberal and liberal-democratic camps in relation to the applicability of the American constitutional model for the organization of the highest executive power. The main part of the study is devoted to the analysis of the draft “Constitution of the Russian State” compiled by the Czech statesman Karel Kramář. The paper has examined the rules of the “Constitution of the Russian State” devoted to the legal status and powers of the Head of State. The study methodology includes such general scientific methods as analysis, comparison, techniques of logic, etc. Private legal methods allowed the authors to reveal and explain the meaning of the “Constitution of the Russian State” (the method of legal hermeneutics), as well as to compare the legal categories and institutions Karel Kramář used to form a presidential republic in Russia (the comparative-legal method). The authors conclude that the draft “Constitution of the Russian State” became one of the specific reflections of “white” constitutionalism.

scholarly journals Implementing a Person's Right to Privacy When Using Their Biometric Material

2019 ◽  
Vol 12 (5) ◽  
pp. 38
Author(s):  
Alsu Machmutovna Khurmatullina ◽  
Evgeniy Batyrovich Sultanov ◽  
Rimma Rashitovna Amirova ◽  
Olga Mikhailovna Smirnova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Personal Data ◽  
Legal Regulation ◽  
Structural Method ◽  
Right To Privacy ◽  
Scientific Methods ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The significance of regulating people's personal data in the context of implementing each person's right to privacy of personal life and family life becomes especially crucial for the purposes of ensuring biogenetical safety of people in Russia. This requires raising the issue of implementing the right to privacy in the context of the biotechnological revolution. The special legal significance of this issue in the Russian Federation is connected with the passing of such laws as the Law "On personal data" and the Law "On state genome registration in the Russian Federation". This article analyzes the legal status of biometric personal data. We note the need for legal regulation of the protection of biometric information as confidential data. The results of this research are based on using the following methods: universal dialectical method of scientific cognition, as well as general scientific methods based on it (description, analysis, synthesis, induction, deduction, comparison, analogy, generalization) and specific scientific methods (comparative law method, systematic structural method and formal law method).

scholarly journals Modeling legal regulation in the field of legal innovations sustainable development in the agribusiness national projects implementation

2021 ◽  
Vol 937 (3) ◽  
pp. 032062
Author(s):  
Nikolay Saraev ◽  
Gennady Pratsko ◽  
Yuriy Demidchenko ◽  
Irina Khilchevscaya
Keyword(s):  
Public Relations ◽  
Negative Impact ◽  
Legal Regulation ◽  
Target System ◽  
Scientific Methods ◽  
Legal Principles ◽  
Expert Assessments ◽  
General Scientific ◽  
The Law ◽  
Legal Technology

Abstract Purpose: The purpose of this work is to study the patterns of legal regulation of public relations in the implementation of strategies and concepts related to improving the institutions of state and law in the field of ensuring the security and rights of citizens. Design/methodology/approach: The methodological basis of the research was made up of general scientific and private scientific methods (comparative-legal, statistical and the method of expert assessments). Findings: Failure to comply with the requirements of modeling the target system, forces and controls and predictable indicators has a negative impact on the level of legal technology of modern legislation, the uniformity of legal practice, the implementation of general legal principles, the effectiveness of institutional mechanisms that guarantee compliance with the requirements of the law, the inevitability, proportionality and fairness of measures of responsibility for their violation. Originality/value: Particular attention should be paid to improving Russian legislation, unswerving observance of the principles of social justice, equality before the law and the court, increasing the efficiency of the activities and authority of state bodies and officials, in connection with which we consider it timely and expedient to adopt the Concept of ensuring the rule of law in the Russian Federation.

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.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

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