scholarly journals Legal status peculiarities of the court chairman in Russia and in foreign countries: Comparative and legal analysis

2020 ◽  
Vol 11 (3) ◽  
pp. 733-744
Author(s):  
Viktor N. Kornev ◽  
◽  
Yaroslav B. Zholobov ◽  
Keyword(s):  
Comparative Analysis ◽  
Case Management ◽  
Legal Status ◽  
New Technologies ◽  
Legal Analysis ◽  
Organizational Skills ◽  
Foreign Countries ◽  
Age Limit ◽  
High Level ◽  
Derivatives Of

A comparative analysis of the legal status of the court chairman in Russia and in foreign countries is provided in the article. It is shown that the legal status of the court chairman is derived from the content and forms of implementation of the principle of the court and judges’ independence. The basic elements of the court chairman’s legal status, such as the procedure of appointment to the post, tenure of the post, tenure age limit, as well as the special powers related to the implementation of the leading function in the court, are disclosed. The notion that the globalization of legal processes leads to the unification of the requirements for the acquisition and termination procedures of the legal status not only of judges, but also of court chairman is discussed. The article reveals general and special approaches in the legislation of different countries to such requirements applied to the candidates for the post of court chairman, such as knowledge of case management, organizational skills, standards for themselves and court officials, the ability to quickly and qualitatively introduce new technologies into the work of the court, and maintaining a high level of qualification. The possibilities to develop a unified scientifically based approach to establishing the derivatives of the court chairman’s legal status in order to avoid the arbitrariness of establishing legislative provisions in different countries are revealed. The article concludes that a court chairman’s ensured independence of particular court would significantly increase the level of public trust not only in the court, but also to the state in general. However, this topic requires further research.

scholarly journals The Motive Of Crime In Foreign Law: A Comparative Legal Analysis

2019 ◽  
pp. 145-154
Author(s):  
Yu.V. Leka
Keyword(s):  
Legal Status ◽  
State Level ◽  
Minor Element ◽  
Legal Analysis ◽  
Foreign Countries ◽  
European Standards ◽  
Basic Approaches ◽  
A Minor ◽  
Criminal Legislation ◽  
Subjective Side

The article substantiates the need to carry out a comparative legal analysis of Ukrainian and foreign legislation on fixing the motive of the crime and its criminal- legal significance. Comparative analysis of the laws of foreign countries is made taking into account the membership of countries in the legal systems. The research of the legal status of the motive of crime in the legislation of foreign countries was carried out on the basis of consideration of basic acts of criminal legislation approved at the state level by the higher legislative bodies of a state. The analysis of various approaches to determining the motive of the crime based on the works of foreign and domestic scientists. On the basis of consideration of normative legal acts of criminal nature of foreign countries, the main terms, which indicate the motive of the crime are defined. The basic approaches of fixing the motive of crime in the legislation of foreign countries are defined and the ways of improvement of the Ukrainian legislation in this matter are proposed. It has been established that the legislation of some countries clearly traces the role of motive as a circumstance aggravating punishment and as a sign that must be taken into account directly in sentencing. In spite of this, most countries still hold a position of indifference to the motive of the crime, recognizing it as a minor element of the subjective side of the crime. It is established that the position of the Ukrainian legislator on the optionality of the sign of motive among other constituents of the subjective side of the crime and the obligatory sign among the elements of evidence in the criminal process is quite logical and justified. But many aspects related to the motive for the crime must be refined. Ukrainian legislation, including criminal law, become more progressive every year and meets European standards.

Comparative legal analysis of legal status models of state and municipal employee

2021 ◽  
pp. 678-691
Author(s):  
Nataliya E. Sadokhina ◽  
Oleg G. Shadsky
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Analysis ◽  
Municipal Service ◽  
Legal Method ◽  
Municipal Employees ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Legislative Reforms

The relevance of this study is due to the great importance of the institution of state and municipal service in ensuring the tasks and functions of the state. The legal status of state and municipal employees is being perma-nently reformed. The next stage of reforms is associated with the amend-ments to the Constitution of the Russian Federation made in 2020, which also affected the requirements for persons employed in the public service. In addition, the appearance in the Constitution of the term “public authority”, which includes not only state power, but also local self-government, largely predetermined the unification of requirements for persons employed in state and municipal service. The constitutional changes led to the reform of legislation in this area. We conclude about the importance of comparative legal research for the scientific substantiation of ongoing legislative reforms. The comparative legal method of research allows us to single out the general, special and singular in the development of normative regulation of the legal status of state and municipal employees in various legal families and systems of our time. Based on the analysis carried out, we determine the similarity in the structure of the legal status of state and municipal employees in Russia and foreign countries. At the same time, attention is drawn to the fact that the range of civil service positions in the Russian Federation is narrower than abroad. We forecast the ways of development of domestic legislation in this area.

scholarly journals Interbational legal categories “childhood” and “child” as the basic of their further development and development in the constitutional legal relations of the Republic of Belarus

2021 ◽  
pp. 87-90
Author(s):  
V. Ashytka ◽  
M. Ashytka
Keyword(s):  
Comparative Analysis ◽  
Social Relations ◽  
Constitutional Law ◽  
Legal Status ◽  
Social Activity ◽  
Rights Of The Child ◽  
Age Limit ◽  
The Republic ◽  
Further Development

The article is devoted to the problems in the conceptual apparatus for disclosing the participation of minors in legal relations that arise in the process of implementing the provisions of the Constitution of the Republic of Belarus. Analysis of issues relating to the consolidation of the rights of the child in Belarusian legislation and in international legal instruments in view of the fact that the legal status of children because of special status of a child reflecting the characteristics of the bearer. The classification of the age of periodization in various fields of scientific and social activity was considered as well as the specificity of the constitutional and legal status of the child, which is based on the age limit between adulthood and adolescence. The study is based of the use of normative material, the main one being the method of comparative analysis. The difficulties of developing and applying unified terminology and selecting the boundaries of childhood in regulating the totality of social relations with participation of the child as a subject of Constitutional law are shown.

scholarly journals Challenges and Prospects of the Legal Regulation of Robotics

2020 ◽  
Vol 1 (12) ◽  
pp. 26-35
Author(s):  
E. S. Mikhaleva ◽  
E. A. Shubina
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
New Technologies ◽  
Legal Regulation ◽  
Modern World ◽  
Cyberphysical Systems ◽  
The European Union ◽  
Legal Norms ◽  
Foreign Countries ◽  
New Challenges

The modern world almost continuously emphasizes the importance of new challenges and solutions in all areas and fields of life for humanity. The emergence of new technologies and the improvement of conventional mechanisms to meet the demands of digital reality pose new challenges for any social science and practice; the role of law as a tool of regulatory influence on public relations becomes of particular importance. Recently, the issue of regulation of ubiquitous artificial intelligence, cyberphysical systems, advanced “smart” robots and other achievements of engineering science has become of primary importance for the Russian and world legal science. The authors of the article have analyzed the issues of possible approaches to the robotics legal regulation. Due to the latest trends in the development of legal norms on robotics in foreign countries, in particular in the European Union, the issues of legislative recognition and determination of the robot’s status, i.e. the prospect of robots becoming legally capable, or strengthening and clarifying the legal regime of the robot exclusively as an object of legal regulation become topical. The paper is devoted to studying topical issues of possible directions of legal regulation of robotics and analyzing the main approaches to determining the legal status of robots and liability for harm caused by them in the autonomous performance of actions.

scholarly journals Taxing Digital Economy: the End of Optimism

2021 ◽  
Vol 19 (2) ◽  
pp. 138-150
Author(s):  
S. Shokhin ◽  
E. Kudryashova ◽  
A. Shashkova
Keyword(s):  
New Technologies ◽  
Digital Economy ◽  
International Taxation ◽  
High Tech ◽  
High Tech Industry ◽  
Foreign Countries ◽  
Tax Regimes ◽  
New Challenges ◽  
Tax Systems ◽  
High Level

The rapidly developing digital economy seriously affects the tax systems of different countries. At the end of XX century there was an optimistic approach to the taxation of digital economy. It was considered that there is no need for the new taxes, new tax regimes and the traditional concepts of international taxation were expected to sustain the new challenges. It was also considered that even with implementation of new technologies tax rules should keep on being clear and simple with high level of certainty, so that taxpayers could anticipate the tax consequences in advance. The digital economy was supported and exempt from taxation. Nowadays the possibility of imposing the new special taxes on digital economy is considered and some countries already introduced those taxes. The pessimism in respect of digital economy is now prevailing in the tax systems. However, the tightening trend in the tax regimes may entail the discrimination of the new technologies against those, which were developed before and already entered into the markets. The controversies between the technological center and periphery play certain role here. For the countries of technology periphery to join the tightening trend means to curb development of their domestic high-tech industry as discrimination in taxation of foreign countries is still considered inacceptable. It is obvious that the regulatory pendulum: from the most optimistic to the extreme pessimistic approach, until the desperate protectionist measures, should be balanced with the time. The panic in the publications about the prospective of the digital economy taxation shall subside and turn to the constructive suggestions without unnecessary fiscal focus.

scholarly journals The Responsibility of the Government in the CIS and Baltic Foreign Countries

2021 ◽  
Vol 4 ◽  
pp. 24-26
Author(s):  
Konstantin M. Khudoley ◽  
Keyword(s):  
Comparative Analysis ◽  
Legal Analysis ◽  
Regulatory Activity ◽  
Head Of State ◽  
Foreign Countries ◽  
Responsibility Of Government ◽  
The Government

Within the comparative and legal analysis the questions characterizing responsibility of government in the foreign countries of the CIS and Baltic are considered. The comparative analysis of provisions of constitutions and acts of the states which were a part of the USSR as federal republics regarding regulation a question of responsibility of government before the head of state and before parliament is carried out. The reasoned conclusion of possibility of use in the Russian conditions of such forms of responsibility of government, as a constructive vote of no confidence, an interpellation, and also use of experience of formation of “positive parliamentarism” and regulatory activity of the government which after some foreign countries (Germany, France) gained distribution in the certain republics of the CIS and Baltic (Georgia, Armenia, Kazakhstan) is drawn.

scholarly journals Immigration status of foreign citizens as a subject of administrative and legal regulation in host countries (rather-legal analysis)

2020 ◽  
Vol 210 ◽  
pp. 16018
Author(s):  
Zinaida Stolyarova ◽  
Albina Uskova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Immigration Status ◽  
Host Countries ◽  
Foreign Countries ◽  
The Russian Federation

One of the topical issues that refer to legal status of foreign residents who live in host countries is the change of a purpose of entering this country, which entails the change of their immigration status. The paper deals with the issues of legal regulation of immigration status of foreign citizens, analyzes the experience of both foreign countries and the Russian Federation in resolving the issue of changing the immigration status without leaving a country. The authors have made some proposals on improving the system of legal regulation in the Russian Federation, which would help efficiently solve the problem under analysis.

scholarly journals Comparative Analysis of the Legal Regulation of Civil Liability for Harm Caused to Human Life and Health

2020 ◽  
Vol 14 (3) ◽  
pp. 78-87
Author(s):  
O. B. Shubina ◽  
K. A. Filippova
Keyword(s):  
Comparative Analysis ◽  
New Technologies ◽  
Human Life ◽  
Civil Liability ◽  
Legal Regulation ◽  
Unmanned Vehicles ◽  
Foreign Countries ◽  
General Scientific ◽  
The Subject ◽  
Danger To Others

The purpose of this article is a comparative analysis of the legal regulation of civil liability for harm caused to human life and health by activities that create an increased danger to others in Russia and foreign countries. Due to the intensive development of new technologies and the emergence of new sources of increased danger, there is a need to specify the concept of «activities that create increased danger to others» in Russian legislation. The subject of the article is the norms of law of Russian and foreign legislation regulating the institution of civil liability for harm caused to human life and health by activities that create an increased danger to others. The article is written using General scientific, philosophical and special legal methods of cognition. Based on the results, the article assesses the specifics of regulating harm caused by activities that create an increased danger to others in foreign legislation. Based on the research, it is proposed to distinguish the concepts of «source of increased danger» and «activities that are associated with increased danger to others» in Russian legislation, adding a note to article 1079 of the Civil code of the Russian Federation, as well as to specify the list of sources of increased danger, including unmanned vehicles and fighting dogs.

Some Issues of Ensuring of Procedural Guarantees of Participants of the Criminal Process of the Republic of Uzbekistan

2019 ◽  
Vol 8 (4) ◽  
pp. 9457-9460
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
National Legislation ◽  
Foreign Countries ◽  
The Republic ◽  
Status Analysis

The issues of ensuring the rights and guarantees of such participants in the criminal process as the suspect and the accused are relevant for research at all times. Guarantees are the means in accordance with which the execution of the purpose of criminal proceedings is ensured. In order to further expand the guarantees of such participants as the suspect and the accused, the article analyzes the concept and significance of the procedural guarantees of the participants in the criminal process, in particular the suspect and the accused; their legal status; analysis of the rights and guarantees of the data of participants in the criminal process. The article applies the methodology of comparative legal analysis. In particular, the norms of national legislation are analyzed, as well as the norms of foreign countries on these issues (Russia, Kazakhstan and Germany). Based on the results of the analysis, proposals were developed to improve the guarantees of the rights and freedoms of suspected and accused persons in the criminal proceedings of the country. These proposals can be used to make amendments and additions to the criminal procedure legislation of the country.

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