scholarly journals Constitutional mechanism for the protection of citizens' rights in the Russian Federation

2021 ◽  
Vol 7 (Extra-B) ◽  
pp. 462-467
Author(s):  
Elena Yevgenievna Grishnova ◽  
Sergei Pavlovich Zhdanov ◽  
Tatiana Viktorovna Larina ◽  
Vadim Valerievich Mnatsakanyan ◽  
Yuri Viktorovich Stepanenko
Keyword(s):  
Legal Status ◽  
The State ◽  
Inductive Method ◽  
Legal Norms ◽  
Scientific Analysis ◽  
The Social ◽  
Legal Nature ◽  
State And Society ◽  
Deductive Method ◽  
Historical Methods

The purpose of the article is to study the legal nature and essence of the constitutional mechanism for the protection of citizens' rights in modern Russia. The leading method of studying the problem is the deductive method, which allows studying the legal nature and features of the implementation of the constitutional mechanism for protecting the rights of citizens in Russia. The article uses the inductive method, the method of systematic scientific analysis, and comparative legal and historical methods. The article concludes that the constitutional and legal status (as a legally fixed position of a person in their relations with the state and society) is part of the social status of an individual in society. The latter, in turn, is determined not only by legal norms but also by other regulators (political, moral, religious, etc.), mediating the diverse connections of a person with society and the state.

scholarly journals Concept and grounds for the acquisition of ownership rights in the civil law of the Russian Federation

2021 ◽  
Vol 39 (71) ◽  
pp. 543-553
Author(s):  
Svetlana S. Aleeva ◽  
Maria Ye. Zhukova ◽  
Svetlana A. Ivanova ◽  
Albina V. Kachmazova ◽  
Elena B. Kozlova
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Inductive Method ◽  
Important Place ◽  
Main Method ◽  
Legal Norms ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Ownership Rights ◽  
Historical Methods

The purpose of the article was to study the legal nature, concept, and motives for the acquisition of property rights in Russian civil law. The main method of documentary research. The article also uses the inductive method, the method of systematic scientific analysis, comparative legal methods, and historical methods. The main method underlying the solution of the problem is to study the legal bases and characteristics of the acquisition of property rights. The article demonstrates the theoretical irresoluble of the problem of scientific understanding of the grounds for acquiring property rights in the civil law of Russia and other countries. The authors of the article consider that the interpretation of Russian legal norms on property rights is multidimensional in contrast to the relatively recent past. It is concluded that judicial argumentation has occupied an important place in the modern scientific interpretation of civil law rules on property rights. Both the modern legal state and the constitution were created by interpretation and argumentation, including the rules of the property law institute.

scholarly journals Problems of defining legal concepts in laws and other normative legal acts

Legal Ukraine ◽  
2020 ◽  
pp. 30-41
Author(s):  
Volodymyr Klochkov
Keyword(s):  
The State ◽  
Legal Concept ◽  
Legal Norms ◽  
Legal Nature ◽  
State And Society ◽  
Word Representation ◽  
The Law ◽  
Definition Of ◽  
Legal Concepts ◽  
Laws And Regulations

Each legal concept has not only content (content), but also a form. The form requires compliance with the rules for the definition and construction of concepts. Improving legal terminology is impossible without deep development and observance of the rules of analysis and the precise construction of the conceptual apparatus. Gaps in legislation and regulations are derived from inaccuracy, lack of clarity and simplicity of conceptual constructions. The inconsistency of certain legal norms found in various laws and regulatory legal acts, the inconsistency of norms with the prevailing realities of legal life in the state and society impede the fulfillment by state authorities, including law enforcement, of their functional responsibilities. Mistakes made in the preparation of draft laws and regulations, methodological recommendations mainly boil down to the violation of the requirements of the unified laws of logic: the law of identity, the law of contradiction, the law of the excluded third and the law of sufficient reason. The use of inappropriate terminology causes complications in the application of legal norms. The Constitution of Ukraine assigns to the prosecutor the function of representing the interests of a citizen or state in court in cases specified by law. The term representation is not exactly chosen. The word "representation" means: the performance of the duties of a representative; an institution representing the interests of someone; elections, as well as the law, the procedure for the election of representatives to any bodies; representation is a legal relationship in which one party (representative) is obligated or entitled to make a transaction on behalf of the other party that it represents; representation means activity on behalf of someone, on behalf of a person. By its legal nature, a representative can only be authorized for transactions that the person he represents is entitled to carry out. The representation of the prosecutor's office in court is specific, since this body does not need instructions, contracts or other documents. The prosecutor or his deputy should act not on behalf of someone, but on behalf of the state in favor of the person and citizen, state or society, within the limits established by law. In the legislation there is a conflict (conflict) in the law regarding the term «representation». To eliminate such a conflict, it is necessary to amend the Law of Ukraine «On the Prosecutor's Office». Key words: definition of concepts, laws and regulations, accuracy, clarity, brevity of terms.

scholarly journals Constitutional mechanism for the protection of citizens' rights: an anthropocentric approach

2021 ◽  
Vol 7 (3A) ◽  
pp. 44-50
Author(s):  
Ruslan B. Gandaloev ◽  
Valery V. Grebennikov ◽  
Taimuraz E. Kallagov ◽  
Vasily Olegovich Mironov ◽  
Badma V. Sangadzhiev
Keyword(s):  
Human Rights ◽  
Unsolved Problem ◽  
Legal Protection ◽  
Inductive Method ◽  
Scientific Analysis ◽  
Legal Nature ◽  
National Legal System ◽  
Legal Foundations ◽  
The Russian Federation ◽  
Historical Methods

The purpose of the article is to study the legal nature of human rights, as well as to study the constitutional mechanism for protecting the rights of citizens (on the example of the Russian Federation). The article uses the inductive method, the method of systematic scientific analysis, as well as comparative legal and historical methods. The leading method, which is the basis for solving the problem, is to study the legal foundations and features of the implementation of the protection of citizens' rights through the use of constitutional methods and modes (tools) of legal protection. The article proved the theoretical unsolved problem of the effectiveness of the implementation of the constitutional mechanism for the protection of citizens' rights. The criticism of the classical doctrine of human rights as a scientific discourse was quite justified. Legal science needs a holistic and consistent anthropological and legal dogma of human rights, including for solving practical problems of the national legal system, in particular the Russian one, where even the constitutional text needs a human-centered interpretation.

scholarly journals Practical and theoretical problems of legal regulation of surrogacy

2021 ◽  
pp. 1-12
Author(s):  
Yana Ivanovna Suprun ◽  
Anastasiya Maksimovna Kozlova
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Case Law ◽  
Legal Regulation ◽  
Surrogate Mother ◽  
Legal Norms ◽  
The Social ◽  
Legal Nature ◽  
The Subject ◽  
Genetic Parents

The subject of this research is the legal norms applied to the surrogacy program as an independent institution that requires a separate place in the system. The object of this research is the social relations arising in the sphere of surrogacy procedures for future parents, as well as protection of the rights of a child born from artificial insemination. Special attention is given to such aspects as the surrogacy contract, registration of a child born to a surrogate mother, court opinion on the refusal to register a child born to a surrogate mother, and right of a single father to register a child born to a surrogate mother. The novelty of this article lies the analysis and examination of case law dedicated to the practical and theoretical problems of using surrogacy. The definitions are provided to the concepts of surrogacy and surrogate mother. Recommendations are made on the amendments to family and civil legislation by introducing norms that would regulate and determine the legal nature of surrogacy contract, norms on the child’s registration by the genetic parents who are not legally marries, as well as norms that to regulate the rights and responsibility, legal status of the father of a child born to a surrogate mother.

Ensuring the rights of refugees in case of bringing administrative responsibility as a guarantee of realization of their legal status in Ukraine

2021 ◽  
pp. 56-62
Author(s):  
Valeriia Golub
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
The State ◽  
Main Body ◽  
Legal Norms ◽  
State Institutions ◽  
Legal Documents ◽  
Administrative Legislation ◽  
Political Persecution ◽  
Administrative Responsibility

Problem setting. One of the important factors that play a key role in the observance of human rights and freedoms, including such categories of foreign citizens and stateless persons as refugees in case of administrative prosecution - is the functioning of state institutions to guarantee these rights, the use of all. The decisive place in this problem belongs to the activities of the state of Ukraine, which in connection with the formation of social relations related to the stay of refugees on its territory, protection of this category of persons from political persecution , should ensure the adoption of relevant legal acts aimed primarily at the protection of rights and freedoms. administrative penalty. As a result, there are real risks of violating the rights and freedoms of the person to whom these penalties apply. Analysis of recent researches and publications. Problems of protection of rights and freedoms of refugees in case of bringing them to administrative responsibility were devoted to the work of such scientists as: V. Averyanov, O. Bandurka, O. Bezpalova, Yu. Bityak, O. Dzhafarova, A. Komzyuk, V. Komzyuk, D. Lukyanets, O. Muzychuk, D. Priymachenko, O.S. Pronevich ect. The purpose of the article is to investigate and analyze the importance of ensuring the rights of refugees in case of bringing them to administrative responsibility, to consider this issue as one of the guarantees of legal status of refugees in Ukraine. Article’s main body. The article considers the issue of observance of the rights and freedoms of this category of foreign citizens and stateless persons as refugees in case of committing offenses and bringing them to administrative responsibility. The issue of ensuring both international legal acts approved by the Verkhovna Rada of Ukraine and legal documents on behalf of the state of Ukraine gives grounds to believe that in case of involvement of this category of persons (if they are in Ukraine legally) to administrative responsibility, they have the same rights as citizens of Ukraine. Conclusions. The peculiarities of the relevant provisions of the administrative legislation of Ukraine on the peculiarities of bringing foreign citizens and stateless persons, including refugees to administrative responsibility, are analyzed. The significance of the ratio of observance of the rights and freedoms of refugees in case of bringing to administrative responsibility and necessity of non-alternative fulfillment of requirements of legal norms of the current administrative legislation of Ukraine is determined.

scholarly journals The modern law-making process: structure and main problems

2021 ◽  
Vol 39 (69) ◽  
pp. 605-614
Author(s):  
Mikhail B. Rumyantsev ◽  
Vladislav Yu. Turanin ◽  
Sergey Yu. Sumenkov ◽  
Marina G. Smirnova ◽  
Esita E. Ganaeva
Keyword(s):  
Standard Setting ◽  
The State ◽  
Dialectical Method ◽  
Legal Norms ◽  
State And Society ◽  
Process Structure ◽  
Theoretical Foundations ◽  
Law Making ◽  
Main Factor

Through the dialectical method the objective of the article was to analyze the process of the elaboration of modern laws, considering their structure and main problems. There is a major structure and problems inherent in the modern law-making process described in the article. The structure of law-making comprises four parts: 1. Cognitive-analytical part; 2. Theoretical foundations of the legal norms and acts they dictate; 3. Validation of legal act or norm; 4. Monitoring of relevant rules and legal acts. The main legislative task is to draft legal norms that stimulate the active development of all parts of the State and society through a deep perception of all related processes, including those involving standard-setting. It is concluded that the main factor affecting the quality of legislation is the lack of a uniform legislative basis for the issuance of legal acts. There seems to be a real need to develop a uniform legislative act on the law-making process. The Code containing general and specific parts of each law must be developed.

scholarly journals Pedagogical Approach To The Preparation The Children Of The Orphanage For Family Life

2021 ◽  
Vol 03 (02) ◽  
pp. 23-27
Author(s):  
Xaydarova Shaxlo Narzullaevna ◽  
Keyword(s):  
Family Life ◽  
The State ◽  
The Self ◽  
Social Adaptation ◽  
Pedagogical Approach ◽  
Harmonious Development ◽  
The Social ◽  
State And Society ◽  
Younger Generation ◽  
Society Today

The article emphasizes that the social adaptation of orphans and their preparation for family life is one of the most important tasks of the state and society. Today, much attention is paid to the self-realization of the younger generation, its harmonious development in all respects. The fact that a nation perceives itself as a result of such created conditions gives it confidence and gives it a reason to look to a promising future.

2. Marriage and Civil Partnership

2021 ◽  
pp. 8-96
Author(s):  
Polly Morgan
Keyword(s):  
Legal Status ◽  
Public Perceptions ◽  
The State ◽  
Civil Partnership ◽  
The Social ◽  
The Law ◽  
Over Time

This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?

The Russian experience of interaction between the efforts of the state and society in pre-emption of social deviance (the end of XIX - beginning of XX century)

2018 ◽  
Author(s):  
Надежда Мартыненко ◽  
Nadezhda Martynenko
Keyword(s):  
Social Institution ◽  
Public Organizations ◽  
The State ◽  
Russian Society ◽  
Sexual Morality ◽  
Social Deviance ◽  
Historical Experience ◽  
The Social ◽  
Wide Range ◽  
State And Society

The monograph deals with the problem of prostitution as one of the social deviations, conducted a retrospective analysis of all aspects of this phenomenon in the period of the mid XIX – early XX centuries.Investigated the origins of legalization of prostitution in Imperial Russia, shows the mechanism of regulation, the organization of police control and sanitary supervision. The ways of self-organization of society, the conditions that contributed to the development of private and public initiatives of self-help against the danger of turning to vicious fishing are revealed. The relationship of state structures, self-government bodies and public organizations in the prevention of prostitution. Describes the experience of Russian participation in the international fight against prostitution in the late nineteenth and early twentieth centuries, a synthesis of the obtained characteristics provides a basis to believe that the formation of the social institution of prostitution is a logical and objective process related to the deviation inherent in the human community. As a social deviation, prostitution is of double importance to society. The positive side is expressed in the illegal provision of needs that are not adequately met by the institution of the family, serves as a" safe valve " for aggressive trends. The negative is manifested in facilitation of crime. In modern Russian society, sexual morality normalizes many things that have traditionally been recognized as deviant in sexual behavior. The topic is relevant for the present in terms of the presence and establishment of this phenomenon. Prostitution remains one of indeterminant crime related to her involvement in minors with drugs, crimes and harboring criminals, a robbery and robbery.The reality clearly shows the unsolved nature of this burning problem. The tasks facing the current generation to combat negative social phenomena cannot be solved without the close cooperation of the state and society in this direction, without the historical experience of predecessors, without continuity. The introduction of the new material into scientific circulation in the course of the research enables a wide range of specialists, public organizations to use the historical experience of creating constructive mechanisms of interaction between the state and society to reduce the spread of modern prostitution, to solve urgent problems.

scholarly journals Mobilization and demobilization in a network political protest

2020 ◽  
pp. 266-297
Author(s):  
Alexander Sokolov ◽  
Asya Palagicheva
Keyword(s):  
Information And Communication Technologies ◽  
Social Space ◽  
Communication Technologies ◽  
The State ◽  
Political Protest ◽  
The Social ◽  
State And Society ◽  
Communication Space ◽  
Information And Communication ◽  
The Individual

The article considers the essence and approaches to understanding network political protest. Traditional forms of collective action are changing under the influence of information and communication technologies. The network paradigm focuses on the position of the individual in the social space, the degree of his involvement in the communication space, the ability to control and regulate the intensity of the information flow. Network structures are more flexible and adaptive, more in line with the new reality. Special and main principles of the network structure of political protest are revealed. The article also presents definitions of political mobilization and demobilization. These processes Express the rivalry of the conflicting parties-the state and society, where the support of the broad masses of the population is an important category. Based on the data of the monitoring study, the features of the development of civil protest activism and the use of mobilization technologies were identified. ICTs have a significant impact on their formation and transformation. The state, reacting to forms of real and virtual activity, formulates a counteraction strategy. It is expressed in the use of technologies for the demobilization of citizens, which are also undergoing changes in the era of digitalization

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