scholarly journals Spiritual Education in Russia: Law and Theology

2021 ◽  
Vol 9 (SPE3) ◽  
Author(s):  
Natalya Viktorovna Lutovinova ◽  
Alla Efratovna Zolotareva ◽  
Elena Olegovna Tchinaryan ◽  
Igor Olegovich Loshkarev
Keyword(s):  
Religious Education ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Spiritual Education ◽  
Systematic Analysis ◽  
New Information ◽  
Life Education ◽  
The Individual ◽  
The Right ◽  
Voluntary Choice

It is impossible to imagine modern life without education. It allows a person to learn something new, to know the reality around, to realize their abilities, to reveal their talents, to find a vocation in life. Education is not only the process of learning new information, but it is also the upbringing and development of the individual, their exposure to the world and national culture, the formation of a certain system of values. Currently, there are several problems in education, like in any other public sphere, that cause active discussion in society and require resolution at the legislative level. This article presents a legal study of spiritual education, taking into account its legal regulation and implementation in Russia at the present stage. The authors of the article consider the most important aspects of the implementation of the right to spiritual education in Russia and conduct a comparative legal analysis of the Russian legislation on spiritual education. The article considers the types of educational organizations that provide religious education and their educational programs, describes the foreign experience of religious education, and conducts a systematic analysis of educational standards of higher education. The authors identify current problems in the field of organization and implementation of religious education, give recommendations for their solution, and indicate areas for improving legislation on religious education. It is concluded that the introduction of subjects teaching religion in educational institutions is legal in compliance with the principle of voluntary choice of education.

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

2020 ◽  
pp. 129-135
Author(s):  
Dmitriy I. Frolov
Keyword(s):  
Public Relations ◽  
Research Methods ◽  
Religious Education ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
The Russian Empire ◽  
The Individual

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.

scholarly journals The best interests of the child in international law: conceptual framework

Legal Ukraine ◽  
2020 ◽  
pp. 14-23
Author(s):  
Vasyl Datsenko
Keyword(s):  
International Law ◽  
Fundamental Principle ◽  
Best Interests ◽  
Systematic Analysis ◽  
Rights Of The Child ◽  
Legal Principle ◽  
International Legal Order ◽  
The Law ◽  
The Individual ◽  
The Right

On today’s international law, there is a broad consensus on the idea of ​​those who want to talk about all the children and the importance of guilty mother’s interests. Buti and the court at the right are guilty of the arrest of nikrashchikh іnterestіv ditini. Vrakhovuchi is the issue of clear legislative regulation of the law and practice of legal practice of securing terminology of the interest of children, the author has analyzed the law of international law. At the statutory international legal order, there is a need for ECHRL, in some ways there is a lack of food for the protection of interested children in case of a viable dispute about it. Analyzed the keys to the position of the court regarding disputes regarding the child’s privacy Order No. 14 (2013) of the United Nations Committee on the Rights of the Child «On the right of a child to receive respect for the rest of the world». Вased on a systematic analysis of the provisions of General Comment No. 14, the author identified two blocks of key positions that the court must adhere to when resolving a child dispute to ensure its best interests: 1) basic positions; 2) the procedure for assessing and determining the best interests of the child. The Committee underlines that the child’s best interests is a threefold concept: a substantive right; A fundamental, interpretative legal principle; A rule of procedure. Another main point is the idea of how to apply it to each child individually. One more fundamental principle of the application of the Convention is that the State has no discretion to determine whether to prioritize the best interests of the child and give them due weight in any action. When assessing and determining the best interests of the child in order to make a decision on a specific measure, the following steps should be followed: (a) First, within the specific factual context of the case, find out what are the relevant elements in a best-interests assessment, give them concrete content, and assign a weight to each in relation to one another; (b) Secondly, to do so, follow a procedure that ensures legal guarantees and proper application of the right. As a result of this scientific research, the author has come to the conclusion that providing the best interests of the child are not universal. It must be obtained by the court as a result of identifying and assessing the individual needs of the child, taking into account the specifics of the subject matter of the case being considered by the court. If the court correctly identified and assessed such needs, followed certain legal guarantees, then the decision taken as a result of the case should be considered to be made in the best interests of the child. Key words: concept of the best interests of the child, family law relations, evaluation and determination of the best interests of the child, legal guarantees.

scholarly journals LEGAL REGULATION OF COMMUNICATION PRIVACY IN THE INFORMATION SOCIETY

2020 ◽  
Vol 24 (4) ◽  
pp. 985-1004
Author(s):  
Anzhelika N. Izotova
Keyword(s):  
Information Society ◽  
Communication Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Necessary Condition ◽  
Research Activity ◽  
The Individual ◽  
The Right ◽  
Dialectical Analysis ◽  
Communication Privacy

The article is devoted to the regulation of communication privacy, which is not only a guarantee of the individual right to confidentiality and privacy, but also a necessary condition for the collective freedom of speech, trust in communication services, which is essential for formation of the information society. The right to communication privacy with the advent of new communication technologies is being transformed and expanded, which requires updating and harmonization of the legal framework. In this regard, the purpose of the research is to reveal problems and contradictions in updating legal regulation of communication privacy, including by analyzing legislation and existent scientific approaches to the content of communication privacy, description of mechanisms for both ensuring and limiting communication privacy, as well as interaction of legal entities regarding communication privacy. The relationship between Russian and European legislation, which regulate communication privacy (ePrivacy) have been considered in this paper. The research methodology is represented by such methods as dialectical, analysis, analogies, formal-legal, comparative methods of research activity. The work demonstrates different approaches to determining the content of the right to communication privacy, expanding the range of professional subjects of communication privacy, and loosening the mechanisms for limiting this right in the direction of its expansion in the context of interrelations between subjects of legal relations concerning communication privacy.

scholarly journals Simulated Legal Phenomena in the System of Principles of the Administrative Process

2021 ◽  
Vol 18 (2) ◽  
pp. 175-191
Author(s):  
D. A. Kirillov
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Presumption Of Innocence ◽  
Legal Analysis ◽  
Negative Consequences ◽  
Administrative Process ◽  
The Russian Federation ◽  
The Individual ◽  
The Right ◽  
Principle Of Legality

With the inclusion of the category “simulation” in the Code of the Russian Federation on Administrative Offences an interest arose in studying “simulation” in the system of principles of the administrative process. The purpose of the study is to formulate general recommendations for neutralizing the negative consequences of manifestations of feign in the system of principles of the administrative process. The methodological basis of the research is materialistic dialectics and elements of conceptual analysis. The methods of analogy and generalization allow us to justify the use of the construction of “simulated legal phenomenon” for the study of the principles of the administrative process. The survey revealed obstacles to the implementation of certain aspects of the presumption of innocence. The comparative legal analysis allows us to establish the comparability of the volumes of state repression in the measures of administrative and criminal responsibility, a clearly negative assessment of simulation in administrative law compared to its neutral assessment in civil law, to identify a number of obstacles to the functioning of the principles of the administrative process. Other standard research methods are also used. The expediency of analyzing the simulation of the system of principles of the administrative process is justified; a simplified model of the system of principles of the administrative process is used for the analysis; from the standpoint of assessing legal simulation, the analysis of the principle of legality, the principle of procedural equality, the principle of guilt, the principle of presumption of innocence, as well as the principle of respect for the honor and dignity of the individual was carried out. In order to reduce the level of obvious simulation in the system of principles of the administrative process, in particular, it is recommended: in the doctrine of the administrative process to consider the principle of legality not as a reality, but as a goal; in the laws, replace the term “legality” with the term “lawfulness”; in the laws, the wording “the principle of equality before the law” and the like should be replaced with “the principle of equality of rights”; part 1 of Article 1.5 of the Code of the Russian Federation on Administrative Offences should be amended as follows: “a person is subject to administrative responsibility only for those socially harmful actions (acts of inaction) in respect of which his guilt is established”; part 3 of Article 1.5 of the Code of the Russian Federation on Administrative Offences after the words: “...is not obliged to prove his innocence” should be supplemented with the words “but has the right to disagree with all or part of the arguments confirming his guilt, or to refute them”. It is also recommended to amend the legislation in order to unify the approach to the differentiation of administrative offenses and crimes.

scholarly journals Ensuring a Balance Between Public and Private Interests in the Implementation of Quarantine Measures

2020 ◽  
Vol 9 (2) ◽  
pp. 317-340
Author(s):  
Yaroslav Lazur ◽  
Tetyana Karabin ◽  
Oleksander Martyniuk ◽  
Oleksandr Bukhanevych ◽  
Oksana Kanienberh-Sandul
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Interests ◽  
Fiscal Stimulus ◽  
Private Interests ◽  
Private And Public ◽  
The Government ◽  
The Right

Under the influence of the spread of coronavirus infection, the world community has faced difficult challenges that provoke changes in the seemingly already stabilized legal regulation, putting at risk the settlement of human rights and the common good. The study aims to find effective mechanisms for balancing human rights and public interests in the context of their legal regulation. Specifically, this study is focused on the mechanisms of balancing private and public interests in the implementation of quarantine measures in the Covid-19 pandemic. The research methods were both general scientific and special methods, in particular: formal legal, historical and legal, analysis and synthesis. To perform the tasks of the work, the following structure was used: after some initial precisions, there are provided some considerations about the fiscal stimulus measures and about the exercise of the right of derogation; then, the study deals with the problem of lawmaking in a pandemic; and finally it is considered the threats to intellectual property in the sphere of healthcare. The results of the work show that the pandemic has seriously hit the balance between private and public interests. The public interests of the government and society have become a priority, but in many cases, the measures that infringe private interests are disproportionate, untimely and inefficient.

WAIVER OF SUBJECTIVE RIGHT INSTITUTE: LEGAL NATURE AND ACCEPTANCE CRITERIA IN CRIMINAL PROCEEDINGS

2020 ◽  
pp. 42-47
Author(s):  
I. N. Chebotareva ◽  
◽  
O. S. Pashutina ◽  
I. V. Revina ◽  
◽  
...  
Keyword(s):  
Back Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Interest ◽  
Criminal Proceedings ◽  
Legal Doctrine ◽  
Legal Nature ◽  
The Look ◽  
Definition Of ◽  
The Right

The nature of a subjective right causes the possibility of a criminal proceedings participant willingly, based on own interests and wishes, both to exercise the right exactly and waive it and not to use the provided procedural possibilities. Within the criminal proceedings, the waiver of the right institute is new, underdeveloped. There is practically no understanding of its subject matter and the extent of its exercise at the level of doctrine and jurisprudence as opposed to the foreign experience and civil legal regulation, which causes definite scientific interest in this topic. The paper carries out the look-back analysis of the definition of the nature of the waiver of the subjective right in Russian legal doctrine. This institute is relatively new and little researched in the Russian doctrine, which determines a particular scientific interest in the study of this issue. The paper provides the authors’ description of the waiver of the subjective right. In respect to the Russian criminal procedural legislation, the authors highlight the necessity to distinguish between the refusal of a right and the refusal to exercise a right by the participants in the criminal procedural activity; analyze the differentiated approach of the legislator on this issue. Based on the theoretical and legal analysis, the authors define that the waiver of the subjective right has definite essential features, forms, and ways of implementation, as well as specify the criteria for its admissibility. The paper proves the conclusion that the waiver of the right within the criminal process is possible under such conditions, as the direct willingness of a subject of criminal law relations to waive a right; the awareness of the existence of a particular procedural right and the consequences of such refusal; the form of a waiver showing its voluntary nature by implementing the intended freedom of choice. The authors expressed the proposals aimed at the improvement of norms of current criminal procedural legislation.

RUSSIAN FEDERATION CADAVERIC ORGAN DONORSHIP LEGAL REGULATION FEATURES

2019 ◽  
pp. 16-24
Author(s):  
Elena Mikhaylovna Nesterova
Keyword(s):  
Legal Regulation ◽  
Presumed Consent ◽  
Advantages And Disadvantages ◽  
Legitimate Interest ◽  
Foreign Countries ◽  
Study Experience ◽  
Cadaveric Organ ◽  
The Individual ◽  
The Right ◽  
Legal Mechanism

The limits of the disposal of one’s own body, individual organs and tissues are not clearly regulated by law, and therefore there are many difficulties in legal realization. Especially problematic is the use of organs after death for another person. In the case of various personal (somatic) rights, despite the lack of a full legal mechanism of their action, you can always starting out from the will of the individual, his individual rights. However, after the death loss of the ability of this volitional aspect and expression of their legitimate interest. We reveal the features and problems of personal (somatic) human rights in the key of cadaveric organ donorship. We analyze current Russian legislation and these norms application practice, we note shortcomings and imperfections of legal regulation of the area of organs removal after the death of a person. In addition, we investigate the religious and dogmatic nature content of acts for the relation to transplantology. We pay particular attention to the presumed consent analysis on removal of organs after death. Also we note the advantages and disadvantages of such a legislative setting. Conclusions about the such rights protection options are formed and the need to create an effective mechanism for the realization of the right of each participant in such relations is emphasized. Based on some foreign countries study experience, we propose an options for the development and improvement of cadaveric donation regulation.

THE RIGHT TO RELIGIOUS (ORTHODOX) EDUCATION AND ITS IMPORTANCE FOR MODERN RUSSIA

2015 ◽  
Vol 10 (6) ◽  
pp. 210-216
Author(s):  
Лавицкая ◽  
Marina Lavitskaya ◽  
Гурылева ◽  
Aleksandra Guryleva
Keyword(s):  
Religious Education ◽  
Legal Regulation ◽  
Russian Orthodox ◽  
Social Forces ◽  
Federal Law ◽  
Russian Orthodox Church ◽  
Orthodox Christian ◽  
The Russian Federation ◽  
The Right ◽  
Active Interaction

Currently, there is active interaction between the state and the Russian Orthodox Church in the education sector. With the introduction of Article 87 to the Federal Law «On Education in the Russian Federation» religious education gets a new level. The article attempts to examine the legal regulation of religious education, to evaluate its role in the secular school. Perhaps there is a sense, to explore the possibility of making appropriate changes and additions to the local laws and regulations in connection with the regional executive and legislative bodies. We should not forget that education was associated with Orthodoxy in Russia for centuries. For centuries, the Orthodox ideology has been a powerful unifying force, in which the faith is a stable system of values, and Orthodox Christian religion has contributed to the integration of different social forces.

scholarly journals Normative and Legal Regulation and Procedure for Bringing Officials to Liability for the Violation of the Right to Public Information’s Access

2019 ◽  
Vol 87 (4) ◽  
pp. 87-94
Author(s):  
V. S. Vitkova
Keyword(s):  
Incomplete Information ◽  
Public Information ◽  
Information Provision ◽  
Legal Regulation ◽  
The State ◽  
Public Confidence ◽  
Public Authorities ◽  
Inaccurate Information ◽  
The Individual ◽  
The Right

The article focuses on the violation of the right to public information’s access as a constituent of the constitutional right of a person and citizen to information. It is substantiated on the basis of received empirical data that in practice there are cases, where officials of public authorities, who are the stewards of public information, provide inaccurate / incomplete information, in connection with which there is a need for an adequate response to the offense. Attention is drawn to the fact that the provision of inaccurate information by public information’s stewards is one of the most complex problematic aspects for a number of reasons, in particular because of the complexity of verifying the information provided to the requester; the absence of possibility of proving intentionality in the actions of public information’s stewards; the complexity of the prosecution of authorized officials. Failure to provide information, unlawful refusal to provide information, untimely or incomplete provision of information, provision of false information is qualified by the current legislation as an administrative offense, which has the effect of bringing to justice. The legal regulation is revealed and the procedure for bringing officials to administrative liability for violations of the right to public information’s access is studied. The participation of the Verkhovna Rada Commissioner for Human Rights in this process is being researched. It is concluded that, in practice, in regard to normative and legal regulation of the right to public information’s access, the main array of problematic aspects is concentrated mainly not in the legal part, but in the part of strict compliance with the requirements and provisions of the current legislation by the officials, who are the stewards of public information. The procedure for bringing to administrative liability for giving false / incomplete information is institutionally quite simple and effective. However, there is no need to mention that there is an objective need to do a thorough job on changing the approach and, above all, the attitude of public officials to the population; the need to develop and cultivate respect for the individual as the highest social value in the state and maintain a high flawless image, which, among other things, will help to restore public confidence in the state, its agencies and officials.

scholarly journals THE ELIMINATION FROM THE RIGHT TO INHERITANCE: THEORY AND PRACTICE

2020 ◽  
pp. 5-9
Author(s):  
M. Bondareva ◽  
S. Rabovska
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Case Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Theory And Practice ◽  
Systematic Analysis ◽  
The Supreme Court ◽  
Legal Position ◽  
The Right

The article deals with the legal regulation for removal from the right to inheritance and law enforcement of the norm of Art. 1224 of the Civil Code of Ukraine. The study aims at developing the theoretical foundations of the application of this legal norm on the basis of analysis of legislation and case law. Such methods and approaches as systematic analysis and competent legal interpretation have been applied. The Civil Code of Ukraine regulates cases and removal of grounds for the right to inheritance. Article 1224 of the Civil Code of Ukraine is applied to heirs at law; it distinguishes cases and grounds for exclusion from the right to inheritance by various criteria. However, what is typical for the countries of the continental group, the law needs to be clarified, first of all at the level of law enforcement practice. The highest jurisdiction of Ukraine – the Supreme Court of Ukraine and the Supreme Court, made appropriate clarifications and interpretations of relevant legal norms at the general theoretical level (decision of the Plenum of the Supreme Court of Ukraine) and at the level of unification of general practice through expressing a legal position in specific cases. Such interpretation should be considered clearly and sufficiently for further processing. However, judicial interpretation is not competent to correct legislative inaccuracies. And the case law itself is characterized by a tautology and inconsistency, when the departure from the previously adopted legal position is disguised under the difference of legal and factual grounds of the claim. The results of such miscalculations include variability of methods of judicial protection for the heirs of the first turn (paragraph 2, part 3 of Article 1224 and part 5 of Article 1224 of the Civil Code of Ukraine) and procedural difficulties in proving claims – proving the testator's helplessness, address need assistance from the defendant, etc. In addition to legal uncertainty, which results in the poor functioning of institutions of exclusion from the right to inherit, this state of affairs creates grounds for abuse of rights. The authors propose measures to solve the problem, which can be divided into several groups. The first concerns amendments to Paragraph 2, Part 3 of Art. 1224 and Part 5 of Art. 1224 of the Civil Code of Ukraine: in terms of the subject composition, in particular, the permission of the heirs of other than the first turn, the order of inheritance, to sue on the basis of Paragraph 2 of part 3 of Article 1224 of the Civil Code of Ukraine. The second is aimed at intensifying the institution provided by Paragraph 2 of Part 3 of Article 1224 of the Civil Code of Ukraine, inter alia, due to the uniformity and consistency of judicial practice. The introduction of the principle of participation in inheritance by bona fide heirs as a reward for their care of the testator, and the relatively easy removal of the right to inherit those who did not show such care, will also contribute to the revival of law enforcement. Finally, the third group of measures is related to the promotion of inheritance through wills, which will limit the number of disputes in inheritance cases (mainly cases of invalidation of the will) and put an end to the issue of exclusion from the right to inherit.

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