scholarly journals DEVELOPMENT OF LEGISLATION ON HUMAN CLONING: WORLD EXPERIENCE AND A PROMISING LEGAL MODEL FOR MODERN RUSSIA

2020 ◽  
Vol 24 (4) ◽  
pp. 881-900
Author(s):  
Fyodor V. Fetyukov
Keyword(s):  
Public Relations ◽  
Comparative Method ◽  
Legal Regulation ◽  
Human Cloning ◽  
Philosophical Methodology ◽  
Legal Doctrine ◽  
Systemic Analysis ◽  
Legal Method ◽  
Legal Model ◽  
Categorical Structure

The relevance of the research is due to the invariance of approaches to the legal regulation of public relations in the field of human cloning, the need for semantic differentiation of the concept of cloning, which ensures formation of an adequate attitude of society and the state to human cloning and development of an optimal model of legal regulation of public relations in this area. The purpose of the research is to select and justify a promising model of legal regulation of public relations in the field of human cloning in modern Russia. Achieving this goal calls for analysis of international legal acts and the system of legislation of foreign countries, as well as approaches to regulating public relations that have been formed in legal doctrine and medical practice. Based on the obtained empirical data, the author conducts a General theoretical characterization of the type of legal regulation, suggest recommendations for improving the legal regime, and substantiates the prospects of the proposed model of legal regulation of public relations in the field of human cloning. The level of philosophical methodology in the study is represented by the General principles of knowledge and categorical structure of science as a whole. The level of General scientific principles and forms of research is characterized by applying the systemic analysis techniques, the method of ascent from the abstract to the concrete, as well as General logical methods: analysis, synthesis, abstraction, and analogy. At the level of concrete scientific methodology, this study employs the comparative method and the special legal method.

scholarly journals Intellectual property law in the field of sports: specifics of manifestations and features of legal regulation

2021 ◽  
Vol 39 (69) ◽  
pp. 530-546
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Maxym Tkalych ◽  
Inna Bolokan ◽  
Hanna Samilo ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Property Law ◽  
Sports Law ◽  
Intellectual Property Law ◽  
Legal Method ◽  
Wide Range

The article aims to explore the relationships that arise with respect to intellectual property rights in sports. The objectives of the article are to establish points of contact between intellectual property law and sports, as well as a detailed analysis of relevant public relations in terms of intellectual property law and sports law. To achieve the objectives of the article, the authors used a number of scientific methods, among which the main methods are analysis, synthesis and comparative-legal method. The authors of the study concluded that modern sport is developing in close intertwining with intellectual property rights, because only in this way can a sports spectacle be conveyed to a wide range of spectators and consumers in a broad sense. In addition, the range of points of contact between intellectual property and sports law is constantly growing and such can now be called not only patents and trademarks in sports, but also copyright, "image" rights, know-how in sports and the like.

scholarly journals Constitutional identity and institutional autonomy of state

2021 ◽  
Vol 17 (2) ◽  
pp. 33-41
Author(s):  
K. V. Karpenko
Keyword(s):  
Comparative Method ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Order ◽  
Constitutional Courts ◽  
Legal Doctrine ◽  
Public And Private ◽  
Private Interests ◽  
Historical Continuity ◽  
Constitutional Identity

Introduction. The article deals with the phenomenon of constitutional identity, which allows strengthening the protection of constitution. The author shows, that the constitutional courts are the creators of the constitutional identity all around the world. That is why its principles may be called «praetorian law», as a reference to Roman judicial practice. The principles of constitutional identity form by themselves a core of constitutional provisions, which guarantee historical continuity and durability of any legal order. A nation can use them to preserve its existence in a legal reality. Constitutional identity creates a subordination of norms in the constitutional text. The most important of them are on the top. Such a vertical system gives to the Constitutional courts a useful criterion for balancing different interests in a society. This criterion is fair enough, because it is stipulated by the constitution itself.Materials and methods. The materials for the study include the constitutions of states, whose content is related to the problem discussed, decisions of constitutional courts and the legal positions expressed in them, as well as the conclusions of the constitutional and legal doctrine. The study uses the comparative method, which makes it possible to compare homogeneous legal phenomena, the systemic method, with the help of which constitutional identity is considered as an integral part of the mechanism of legal regulation, the dogmatic method that reveals the legal nature of the subject under study, as well as the dialectical method, which gives a holistic idea of subject of research.Results. Constitutional identity, which determines the hierarchy of constitutional norms and values, characterizes a state, emphasizing its differences from others. Constitutional identity should be unchanged over time and free from ongoing changes to the constitutional text. Then it allows identifying the permanent features of a particular legal order and the state as a whole. Consequently, the principles of constitutional identity preserve the historical heritage of the people, the patterns of its development and a certain predictability of the future. Thus, constitutional identity ensures the continuity of different historical periods.Discussion and conclusions. According to the author, the application of the principles of constitutional identity can give the current legal order an internal structure, reflected in the text of the Basic Law. At the same time, constitutional norms build a hierarchy that can reflect the hierarchy of significant values. The presence of such a hierarchy expands the possibilities of legal protection of the constitution, since the constitutional courts have a criterion for «weighing» public and private interests.

scholarly journals Entropy of property in Western and Russian legal doctrine and practice

2021 ◽  
Vol 5 (1) ◽  
pp. 156-172
Author(s):  
M. N. Semyakin ◽  
A. V. Gubareva ◽  
S. P. Stepkin
Keyword(s):  
Property Rights ◽  
Comparative Method ◽  
Negative Consequences ◽  
Legal Doctrine ◽  
Historical Method ◽  
Legal Method ◽  
Positive Assessment ◽  
History Of ◽  
Scientific Results ◽  
Bundle Of Rights

The subject of the study is a phenomenon of an “entropy” of property, its interpretation, socio-economic conditionality, genesis of its development in European and Russian doctrine, reflection of a construct of “separated” property in the legislation. “Entropy” of property is a situation when both entities are owners, but in different areas of relations: the first person is the owner in relation to third parties, and the second-in relation to the first The goal of this scientific research is to find out reasons of the existence of phenomenon of “entropy of property” in European and Russian legal doctrines, to identify common and specific features of this phenomenon. Methodology. The authors use the general scientific method, including dialectics, comparative analysis, formal logic, historical method. A number of specific methods pertaining to the legal science were used as well: the formal dogmatic method was applied for analysis of ownership within the institute of property rights; the logical legal method was applied to study general tendencies of development of the institute of property rights; the legal comparative method was used to study European and Russian legislation on ownership and other property rights. The main scientific results. The Western legal doctrine of “entropy of property” has quite a long history of development, unlike the Russian. Specific features of the Russian doctrine are result of its historical, political and cultural characteristics. The phenomenon of “entropy of property” has both positive and negative consequences, which requires pluralistic approach to its assessment. “Reunification” of ownership rights on the land plot and other objects located on it, is a result of socio-economic and legal factors and deserves positive assessment. Property rights as elements of titular possession are not based only on law, but may be created by contract as well. Conclusions. The European and Russian legal doctrines on the “entropy of property” have both common and specific features. The common features are: existence of “absolute” ownership, limited property rights, trends of reunification of “separated” property etc. The specific features are: absence of “trust” in the Russian legal system; excessive fragmentation of right of ownership as a large “bundle” of rights; absence of situations when one person may simultaneously hold statuses of owner and holder of a limited property right in the Russian legislation.

scholarly journals State ideology and state policy in the labor market: Russian experience

2018 ◽  
Vol 2 (4) ◽  
pp. 60-67
Author(s):  
M. Drachuk
Keyword(s):  
Labor Market ◽  
Social Responsibility ◽  
State Policy ◽  
Comparative Method ◽  
Legal Regulation ◽  
The State ◽  
Legal Method ◽  
Labor Legislation ◽  
Positive Motivation

The subject of the paper is state ideology is an element of labor market.The main aim of the paper is to confirm or disprove the hypothesis that main tasks of state ideology as a key element of labor market are positive motivation to systematic long-term employment, as well as social responsibility of business by strengthening the information function of labor legislation.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).The main results and scope of their application. The modern labor market should be defined as the vacancy market. At the same time, neither the concept of a vacancy nor its characteristics are established by legislation. The state ideology plays an important role among other information flows in the system of mandatory structural elements of the labor market. The state ideology accompanies the socio-economic development of society. The formation of labor motivation holds the dominant position in the organization of the labor market. State policy in relations on the organization of the labor market is a set of management decisions of the authorities, which form the state ideology among other things. The state, when realize its interests in the sphere of labor legislation, should actively use the so-called advisory type of legal regulation of labor relations. The proposed analysis may become a crucial point for future legal research in the field of labor market.Conclusions. Positive motivation to systematic long-term employment, as well as social responsibility of business are the main tasks of state ideology as a key element of labor market. The formation and consolidation of such ideology will make it possible to apply the provisions of labor legislation more accurately in accordance with its meaning and purpose.

scholarly journals The Doctrine of Legal Regulation: Approaches to Understanding

2021 ◽  
pp. 65-72
Author(s):  
Tetiana Tarakhonych
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Close Cooperation ◽  
Theory Of Law ◽  
Definition Of ◽  
Law Making

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.

Legal features of the provision of social support measures in the context of digital platforms introduction into public administration: Russian and foreign experience

2021 ◽  
pp. 199-213
Author(s):  
Vladimir V. Bulgakov ◽  
Aleksandra A. Brosalina
Keyword(s):  
Social Support ◽  
Public Relations ◽  
Public Administration ◽  
Social Services ◽  
Legal Regulation ◽  
Digital Platforms ◽  
Foreign Experience ◽  
Legal Method ◽  
Support Measures ◽  
The Social

The relevance of the work theme is due to the high importance of public relations in the field of state social policy. The ongoing digitalization of public administration as a global trend also affects the sphere of social support, which causes the transformation of social services provided by the state, the modernization of the process of interaction between power struc-tures and the population through the use of digital platforms. The purpose of the research is to consider certain legal and organizational features of this process realization in Russia and foreign countries. The methodological basis of the research includes dialectical method, which allowed us to examine digitalization and the social sphere of public administration as influencing each other and dynamically developing phenomena; analysis and synthesis, through which the main features of the digital transformation of public ser-vices are characterized; the comparative legal method, through which the approaches to the organization and regulation of the process of introducing digital platforms in the process of providing of social support measures are considered. In the course of studying this topic, we pay special attention to the formal legal method in order to describe and explain the legal regulation of the social security sphere, as well as the digitalization of public admini-stration. Based on the conducted research and taking into account foreign experience, we conclude that the need for further modernization of the social s system in Russia in the conditions of digitalization in part of solving the identified organizational and legal issues.

scholarly journals LEGAL REGULATION OF PUBLIC RELATIONS IN THE SCIENTIFIC AND TECHNOLOGICAL SPHERE: TO THE METHODOLOGY OF SCIENTIFIC COGNITION

2020 ◽  
Vol 34 (2) ◽  
pp. 22-26
Author(s):  
L.A. Gumerov ◽  
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Research ◽  
Theoretical Justification ◽  
Scientific Cognition ◽  
Technical Creativity ◽  
Legal Method ◽  
Regulatory Model ◽  
Made In

At present, the legal support of a dynamically developing scientific and technological sphere doesn’t have a proper theoretical justification, in connection with which the attempt made in the article to reveal the methodological base of understanding of legal regulation processes in this field seems relevant. Methodology: dialectics, abstraction, analysis, synthesis, systemic method, formal-legal method. As a result of the research, the factors determining the specifics of the legal regulation of public relations in the scientific and technological sphere are identified. Provisions that have fundamental methodological significance for legal research in the form of conceptual ideas that determine the dialectical development of this sphere as a whole and its legal regulation in particular are substantiated. The concept of “freedom of scientific and technical creativity” was introduced as part of legal science as constitutive for the legal regulation of the scientific and technological sphere. The proposed methodology increases the heuristic ability to identify and study the specifics of the legal regulation of social relations in the scientific and technological sphere, and can also be used in the formation of a theoretical legal regulatory model. Results of a research also can be used in law-making activity, in the course of improvement of state policy in the scientific and technological sphere, in the subsequent scientific research.

scholarly journals Sources of Formation of Legal Positions of Russian Highest Judicial Bodies

2021 ◽  
pp. 130-142
Author(s):  
Mariia Viktorovna Globa
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Legal Method ◽  
The Supreme Court ◽  
The Russian Federation

The present study is devoted to determining the place and role of legal positions of higher judicial bodies of Russia (judicial legal positions) in the mechanism of legal regulation. Let us specify in advance that the author means the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation (taking into account the 2014 amendments made to the legislation concerning the liquidation of the Supreme Arbitration Court of the Russian Federation) as the higher judicial bodies of Russia. Establishing the meaning and role of judicial legal positions in the mechanism of legal regulation is carried out by the author of this study through the analysis and demonstration of the main sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation. In this regard, the author of this work identifies as sources of formation of judicial legal positions: legal and non-legal. Non-legal sources of formation of legal positions of the highest courts of Russia differ from the legal ones in the fact that initially they do not have material expression, exist in the abstract, however, have no less importance for the process of formation of judicial legal positions. To the legal sources of creating legal positions of the highest judicial bodies of Russia the author includes: formal sources of law, current legal practice, legal doctrine. As non-legal sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are: the inner conviction of a judge and professional legal consciousness of a judge. The author of this scientific research consistently reveals the importance and role of each source of formation of judicial legal positions. The conducted study of the most significant sources of formation of judicial legal positions allowed to better understand the place of legal positions of higher courts of Russia in the legal system and their role in legal regulation, which is reduced not just to the interpretation of judicial acts, but also to the formation of new legal provisions, which ultimately form a uniform judicial practice. Methodological basis of the study consisted of: analysis, synthesis, comparative-legal method, deduction, induction and other ways of knowledge used in science. Scientific conclusions and proposals contained in this work may serve as a basis for further theoretical study of the problems of judicial legal positions and used in the activities of legislative and law enforcement bodies.

scholarly journals The Doctrine’s Role in the Field of Legal Regulation of Public Relations: Problems and Prospects

2019 ◽  
Vol 12 (5) ◽  
pp. 42
Author(s):  
Adel Abdullin ◽  
Ainur Gilmullin
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
International Treaties ◽  
Legal Doctrine ◽  
International Court Of Justice ◽  
International Court ◽  
The Right ◽  
Advisory Opinions ◽  
Domestic Law

The paper contains a comprehensive analysis of the legal doctrine’s role in the field of legal regulation of public relations arising in modern public law practice. The theoretical and legal features of the legal doctrine are revealed. In particular, conclusions are drawn confirming the arguments that the legal doctrine allows building clear guidelines for the practice of lawmaking, enforcement of the right, and especially law enforcement and that the doctrine acts as a scientifically based criterion for the legitimacy, rationality, and effectiveness of states. Special attention is paid to the historical aspects of the legal doctrine development which have significance and influence on the formation and development of international and domestic law. Particular attention of the authors of the paper is drawn to the place and role of legal doctrine in international legal practice. The paper notes that the legal doctrine manifestation in the activities of modern states can be observed in such functions as prognostic, evaluation, regulatory, methodological, world outlook and ideological function. In addition, it is noted that the doctrine plays an important role in the activities of the UN International Court of Justice, where the doctrines of the most qualified specialists are often used in making decisions and drawing up advisory opinions; in the development of international treaties at international conferences and in international organizations, etc. Specific examples of the legal doctrine manifestations in the activities of the ECHR are given.

scholarly journals Circumstances excluding the criminal act, in the criminal law of Russia and Vietnam

2020 ◽  
Vol 2020 (2) ◽  
pp. 229-240
Author(s):  
Sergey Milyukov ◽  
Andrei Nikulenko
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Comparative Method ◽  
Legal Regulation ◽  
Criminal Code ◽  
Socialist Republic ◽  
Advantages And Disadvantages ◽  
Law Enforcement Officials ◽  
The Right ◽  
Criminal Legislation

the article describes the circumstances excluding criminality of the act in the criminal legislation of the Russian Federation in comparison with the corresponding Chapter of the criminal law of the Socialist Republic of Vietnam. A comparative analysis of the content of the norms regulating lawful harm is made. A number of issues related to the use of weapons by law enforcement officials in Russia and Vietnam were raised. Using the comparative method, the authors try to investigate the relevant norms, identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act. note that the authors are in the position of expanding the range of circumstances that exclude the criminality of the act, which are subject to normative consolidation in the criminal legislation. Moreover, in view of the ambiguous and often inconsistent practice of applying criminal legislation in this area, it is proposed that in the further reconstruction of the relevant norms of Chapter 8 of the criminal code, use a casual way of presentation to create the most understandable for citizens wording of norms that allow lawfully cause harm to public relations protected by criminal law. Otherwise, the very fact of their existence in criminal legislation is called into question because of the inability and unwillingness of citizens to use the right granted by law. Possible ways of resolving contradictions in the criminal legislation of Russia and Vietnam are suggested.

Sign in / Sign up

Export Citation Format

Share Document