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 The principle of scientific research made it possible to use of a wide range of published and unpublished archival documents and scientific sources.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.

scholarly journals Protection of the subsoil of the continental shelf of Ukraine by international and national instrumentalities

2021 ◽  
pp. 186-190
Author(s):  
V. V. Chumak ◽  
O. O. Khan ◽  
I. V. Bryhadyr ◽  
K. V. Kysylova
Keyword(s):  
Continental Shelf ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Structural Method ◽  
Legal Norms ◽  
Foreign Companies ◽  
Legal Method ◽  
Legislative Changes ◽  
State Protection

Purpose. Identification of international and national mechanisms for protection of the subsoil of the continental shelf of Ukraine and provision of scientifically sound recommendations for improving the legal regulation of their application. Methodology. During the study, the dialectical method was used to learn the essence of such a phenomenon as the protection of the subsoil of the continental shelf; the system-structural method when analyzing objective and subjective features of the crime under Part 2 of Art. 244 of the Criminal Code of Ukraine; the comparative-and-legal method in the study on the sanction of Part 2 of Art. 244 of the Criminal Code of Ukraine; the logical and dogmatic method when developing recommendations for improving legal norms. Findings. As a result of the study, mechanisms of protection of the continental shelf of Ukraine were determined. The necessity of improvement of the legislative base regulating the order of their realization is proved. Originality. The international legal and national mechanisms of state protection of the continental shelf of Ukraine are determined. In order to improve the state protection of the continental shelf, legislative changes to Part 1 of Art. 26 of the Subsoil Code of Ukraine, Part 2 of Art. 244 of the Criminal Code of Ukraine and Part 2 of Art. 216 of the Criminal Procedure Code of Ukraine are suggested. Practical value. Proposals to improve the current legislation of Ukraine are presented aimed at improving the efficiency of the State Service of Geology and Subsoil of Ukraine, the National Police, the Security Service of Ukraine and the judiciary to protect the subsoil of the continental shelf of Ukraine from illegal use by foreign companies.

The international legal framework for cooperation between States on countering illicit trafficking in medical products

2021 ◽  
Author(s):  
Kristina Zimina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Law Schools ◽  
Legal Norms ◽  
Medical Products ◽  
Wide Range ◽  
The Russian Federation ◽  
Illicit Trafficking

The monograph is devoted to the study of the international foundations of cooperation between states in the field of combating illicit trafficking in medical products (NOM), as well as to the study of the functioning of modern international legal mechanisms of such interaction. The author's proposals for improving the legal regulation in the field of countering the NOM in the process of implementing international legal norms regulating these legal relations into the legislation of the Russian Federation and foreign states are presented. For a wide range of readers interested in countering illegal trafficking of goods, works and services. It will be useful for students, postgraduates and teachers of law schools.

MEDICAL LAW IN UKRAINE: PROBLEMS AND PROSPECTS OF DEVELOPMENT

2018 ◽  
Author(s):  
Irina Sukhodubova ◽  
◽  
Veronika Irzhavska ◽  
Keyword(s):  
Health Care ◽  
Public Relations ◽  
Health Care System ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Medical Law ◽  
Legal Norms ◽  
Separate Branch ◽  
Care System

The article considers the issue of branch affiliation of medical law. In particular, numerous studies conducted by recognized experts and scientists on the independence of the field of medical law are analyzed. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. Since the sectoral affiliation of medical law remains uncertain, this indicates the relevance, feasibility and necessity of a comprehensive study of the sectoral affiliation of medical law of Ukraine. In general, it is determined that medical law is a complex branch of law that includes a set of legal norms that regulate public relations in the health care system. The review of literature sources summarizes the state of the legal framework for the regulation of medical activities in Ukraine. When considering various sources and scientific works, the state of the regulatory framework for the regulation of medical activities and the health care system in Ukraine is summarized. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. For this purpose, state bodies face the task of creating a separate complex branch of medical law. And before scientists - the development of medical jurisprudence as a separate branch of legal science. It can be concluded that such a document as the Medical Code of Ukraine is one of the tools for implementing the state health policy. Methods of improving and overcoming problematic situations in the system of legal regulation of health care are considered. The general provisions of the Medical Code are defined and the important features which should be contained in the corresponding codified act are specified. It is noted that the creation and adoption of an appropriate code will contribute to the quality and effective legal regulation of legal relations in the field of health care, as well as in the field of medical care, should become a reliable foundation of medical law.

scholarly journals Implementation of article 67.1 of the Russian Constitution in the context of scientific historical and legal experience

2021 ◽  
Vol 5 (3) ◽  
pp. 5-19
Author(s):  
M. A. Kozhevina
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Concept ◽  
Legal Norms ◽  
The Past ◽  
Legal Method ◽  
Russian Constitution ◽  
Historical Fact ◽  
Historical Truth ◽  
Legal Grounds

The subject of the research is the constitutional and legal norms of Article 67.1 of the Russian Constitution. These legal norms are legal means of realizing the subjective right to possess objectively verified knowledge about the past of the state and society and providing guarantees in obtaining such knowledge.The purpose of article is to confirm or disprove hypothesis that some historical facts have the potential of legalization and may be involved in the process of legal impact on public relations.The methodology. A systematic approach was used in combination with historical and logical methods of cognition. It made it possible to study the theoretical, factual and legal grounds for the implementation of Article 67.1 of the Russian Constitution. The formal legal method was also used. It determined the vector of analysis of the legal source and the internal structure of the legal norms of Article 67.1, as well as the legal and technical features of their implementation and enforcement.The main results, scope of application. The article stipulates a set of theoretical, factual and legal grounds for the implementation of Article 67.1 of the Russian Constitution. It is shown that the synthesis of scientific knowledge and historical memory, the object of which is the past of a person, society and the state, lies at the basis of legal practice. Such synthesis conttains the potential for the effective implementation of the subjective right to possess objectively verified knowledge of the past and create guarantees in obtaining such knowledge. Scientific historical and legal experience is defined as a necessary condition in achieving the goal of forming an individual and a citizen, resistant to ignorance and misunderstanding of his national identity, reveals its possibilities in substantiating and verifying a historical fact, as well as within the permissible limits of their legalization.Conclusions. Legal matter is systematic and is strictly organized, therefore it can neither be interpreted arbitrarily, nor applied unreasonably. Article 67.1 of Russian Constitution includes four parts, each of which determines the subsequent one. These parts are also in semantic connection with other constitutional principles and declarations, which together determine the mechanism of legal regulation of a special kind of social relations - relations to the past. The state as a subject of these relations, on the one hand, is the creator of conditions for a representative scientific search and the establishment of reliable historical facts, for the subsequent popularization of the scientific result. On the other hand, state legally fixes scientifically grounded facts of state and social development, indicating unity and continuity. Article 67.1 of the Russian Constitution represents an attempt to consolidate legally the well-established historical facts. A historical fact becomes a constant of historical heritage for society when it receives public recognition. The loss of such constant is an irreversible loss (possibly even the destruction of a part or a whole society). In this case historical fact can be defined as a historical truth and may become a subject to legalization, subsequently acquiring the status of a legal norm: principle, definitive, declarative, prescriptive or logical rule of law. The legal concept of historical truth should be perceived not as the opposite of historical untruth (lie), not in the sense of “this is good, but this is bad” and “who benefits from”, because emotionality goes beyond the legal framework. The legal concept of historical truth should be perceived as the opposite of an unscientific, hypothetically assumed, yet unproven historical fact.

scholarly journals BOUNDARIES OF CONSTITUTIONAL AND LEGAL REGULATION OF ECONOMIC RELATIONS

2020 ◽  
Vol 6 (1) ◽  
pp. 9
Author(s):  
Dmytro Bielov ◽  
Olga Sidorenko
Keyword(s):  
Economic System ◽  
Financial Reporting ◽  
Legal Theory ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Economic Relations ◽  
Legal Norms ◽  
Heated Debate ◽  
State Models

It is found that the constitutional and legal norms undoubtedly have a significant impact on the economic system of any state. Models of the world's economic systems are established and guaranteed by a system of legal means, which, in turn, are subject to the constitutional and legal framework. It is specified that the sphere of constitutional and legal regulation of economic relations has been repeatedly explored in scientific research, however, the consensus on the scope of economic issues that should be subject to constitutional entrenchment has not been reached yet. The analysis of the world constitutional practice shows a tendency of strengthening the regulation of those relations that concern the economic organization of public life. This topic is relevant since not only the legal theory but also political practice enters into a heated debate over the above-mentioned issue. The authors argue that: 1) constitutional law regulates the place of the state in the political system of society and defines the principles of relations between the state and its non-state elements including the ways of resolving conflicts between them, limits of interference or even limits of its activity; 2) the boundaries of constitutional and legal regulation of economic relations should be determined, first of all, on the basis of considering fundamental relations for the economic system of the state, that is, the limits of constitutional regulation depend on the system of relations that are included in the concept of economic relations; 3) the system of relations that require constitutional and legal regulation should also include the establishment of an effective pricing mechanism, the exercise of control over monetary policy, the cancellation of restrictions on foreign trade activities, the development of an effective tax and budgetary system, regulation of financial reporting, etc.

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.

scholarly journals LEGAL REGULATION IN THE SPHERE OF HIGHER EDUCATION IN RUSSIA (HISTORICAL AND LEGAL ASPECT)

2018 ◽  
Vol 1 (4) ◽  
pp. 14-27
Author(s):  
Tatiana Yashchuk
Keyword(s):  
Higher Education ◽  
State Policy ◽  
Legal Regulation ◽  
The State ◽  
Soviet Period ◽  
Educational Legislation ◽  
Legal Method ◽  
German Model ◽  
Narrative Method ◽  
The University

The purpose of article is to analyze the evolution of legal regulation of higher education in Russia since the beginning up to the beginning of reform in modern conditions.Characteristics of the problem field. Higher education is studied in various aspects (sociological, cultural, historical, economic). An independent institute of educational law is distinguished in the legal science. Serious transformations of higher education in the Russian Federation have actualized the need for understanding the domestic experience of legal regu-lation. The state policy in the sphere of higher education and the evolution of educational legislation are studied in historical and legal studies.The methodology. The narrative method is the method of description. It is necessary for the reconstruction of past events and phenomena. The narrative method is supplemented by a chronological method. The formal legal method is applied to the interpretation of norms. The sociological method establishes the links between state policy, regulatory legal regulations and the social result achieved. The comparative method is used fragmentarily.Results. Higher education is a relatively new social institution. In the European tradition it took shape during the Middle Ages. The completed model was formed in the XIX century in Germany.The Russian Empire used the German model. Higher education was regulated by the state. The main regulations governing educational relations at the university were the General Charters. These Charters reflected the autonomy of universities.Three stages are identified in the legal and regulatory framework of higher education in the Soviet period: 1917 – the first floor 1930s; second floor 1930s – the first floor 1950s; second floor 1950s – 1980s.At the first stage the state regulated only politically and ideologically important educational relations. Many questions were not regulated centrally. In the 1930s the state impact on higher education was growing. The consignments are included in norm-setting activities. The established norms changed little until the end of the Soviet period. In the 1960s the liberalization of educational legislation began, which continued until the end of the Soviet period.Conclusions. Higher education as a special social Institute took shape in the medieval period. The German model, tested in the early nineteenth century with the establishment of the University in Berlin, had a huge influence on the genesis of modern higher education.

The Soviet period of development of legal regulation of the civil service grade structure

2021 ◽  
pp. 1-9
Author(s):  
Aleksei Semin
Keyword(s):  
Soviet Union ◽  
National Economy ◽  
Civil Service ◽  
Service System ◽  
Legal Regulation ◽  
The State ◽  
Hierarchical System ◽  
Soviet Period ◽  
The Soviet Union ◽  
State Apparatus

This article examines the evolution of approaches towards creation and regulation of the civil service grade structure in the Soviet Unions. The author describes the logically differentiated stages, as well as the general provisions of the approaches, namely the refusal to separate the official of the state apparatus from all employees of the sectors of the national economy, and simultaneous substitution of the state apparatus for the party apparatus. The author outlines the trajectories of development of the civil service system as a whole and the state civil service as its part. Special attention is given to the attempts of creating a hierarchical system of personal ranks. The development of the institution of nomenclature is reviewed separately. The conclusion is made on underdevelopment of the administrative legal institution of the civil service in the Soviet Union, due to the absence of uniform approach towards regulation of the civil service grade structure. The attempt to create the civil service grade structure were unsystematic, did not distinguish between the officials of the state apparatus and the servants employed in the national economy; there were also no fundamentally different approached towards understanding the grade structure – on various stages, the base unit of building a hierarchical system were the categories “post” and “personal rank/title”. The author indicates no correlation between  the personal ranks, military ranks, and ranks of the internal affairs bodies.

Development of the Legal Framework for Regulating Relations for the Training and Retraining of Judges in the Soviet Period (1946–1991)

2020 ◽  
Vol 8 ◽  
pp. 39-47
Author(s):  
S. I. Pukhnarevich ◽  
Keyword(s):  
Professional Development ◽  
Soviet Union ◽  
Legal Framework ◽  
Judicial System ◽  
Soviet Period ◽  
Legal Basis ◽  
The Soviet Union

The article shows the formation of the legal basis for the formation, development and functioning of the system of training and retraining of judicial personnel in the country in the period from 1946 until the end of the USSR. The article also explores the forms and approaches to the organization of improving the quality of the staff of the judicial system. It was concluded that the Soviet Union has formed an ideologically oriented, strictly centralized Federal-Republican system of professional development of court employees.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

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