scholarly journals About Research of Administrative and Legal Regulation of Police Activity in the Sphere of Family and Household Relations

2020 ◽  
Vol 17 (3) ◽  
pp. 113-116
Author(s):  
Victor Sevryugin
Keyword(s):  
Law Enforcement ◽  
Family Relations ◽  
Practical Importance ◽  
Legal Regulation ◽  
Administrative Law ◽  
State University ◽  
Monographic Study ◽  
Family And Household ◽  
Police Activity ◽  
Law Making

Introduction. A.A. Gaidukov prepared a monographic study of the administrative and legal regulation of the police in the field of family relations – the dissertation “Administrative and legal regulation of the police in the prevention and suppression of offenses in the field of family relations”, which he submitted for the degree of candidate of legal sciences in the specialty 12.00.14 – administrative law; administrative process and successfully defended at a meeting of the dissertation council at Dostoevsky Omsk State University November 1, 2018. Results. The dissertation is independent completed scientific and qualification work, which contains a solution to an urgent scientific problem of important theoretical and practical importance for uki administrative law in general, and law-making, law enforcement, in particular.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

scholarly journals Jurisdiction over claims made against public-legal institutions

2020 ◽  
pp. 1-8
Author(s):  
Nikolay Basmanov ◽  
Andrei Vladimirovich Ilin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Practical Importance ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Legal Method ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Subject ◽  
The Russian Federation

This article discusses the question of territorial jurisdiction over claims made against public-legal institutions (Russian Federation, constituent entities of the Russian Federation, municipal formations). The subject of this research is the current procedural norms regulating the questions of jurisdiction, and the established law enforcement practice. Attention is turned to the existence of gaps in legal regulation of the question of jurisdiction over claims made against public-legal institutions in the Civil Procedure Code of the Russian Federation and Arbitration Procedure Code of the Russian Federation. The authors analyze the established approaches in law enforcement practice towards solution of the aforementioned problem. Methodological framework includes the comparative-legal method and such formal-logical methods, as analysis, synthesis and induction. The relevance and practical importance are substantiated by the subject of research – the law enforcement practice formed by the Russian judicial authorities over the recent years. The conclusion is made on the need for elimination of the existing gap in the normative-legal regulation by amending the current procedural legislation.

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.

FEATURES OF DISCRETION IN LEGAL PRACTICE OF THE STATES OF THE ROMANO-GERMANIC LEGAL FAMILY

2020 ◽  
pp. 18-23
Author(s):  
Yu. V. Onosov ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Scientific Development ◽  
Judicial Discretion ◽  
Dual Nature ◽  
Leading Role ◽  
The Will ◽  
Law Making

The paper discusses general regularities affecting the discretion in law enforcement and law-making practice in the countries of the Romano-Germanic legal family. Factor analysis provides a detailed description of the most important laws related to the exercise of discretion in the law enforcement and law-making practice of the states of the specified legal family. In particular, the author draws attention to the dual nature of judicial rulemaking, the pronounced codified nature of legislation, the leading role of a normative legal act in the system of law sources, the presence of explicit conceptuality and doctrinality, and other essential factors. In comparison with the system of common law, the continental legal family is characterized by the significant influence of the works of legal scholars and the expressed and intense perception of legal doctrines and theories. The author notes that the array of acts of interpretation significantly influences the uniformity of judicial practice in the continental legal system since this is a way to give flexibility to the legal regulation of public relations. Besides, the codifiers use a large number of scientifically based general provisions to formulate prescriptions, which are the main focus. The paper considers the fact that in the Romano-Germanic legal family, the lawyers regard as unacceptable the situation when the will of the judicial authorities determines the decisions made by the legislator since a traditionary one is a situation when the judicial authorities implement the will of the legislator. The author concludes that the rule of law is a consistent principle of the continental legal system. The paper states that scientific development should pay particular emphasis to the problems of law enforcement discretion. Thus, judicial discretion in law is most typical for the legal systems of the Anglo-Saxon legal family, and administrative discretion (the discretion of administrative jurisdiction) – for the Romano-Germanic legal family. The legal system developed in a particular state determines the general and specific regularities of exercising discretion in law practice.

Change in legislation in consumer society

2021 ◽  
pp. 125
Author(s):  
Pavel L. Likhter
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Public Law ◽  
Consumer Society ◽  
Planned Obsolescence ◽  
Public Interests ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Holistic Concept ◽  
Law Making

The article is devoted to the transformation of law-making and law-enforcement practice in the conditions of consumer society. The perception of a thing as an indicator of status, unjustified overestimation of the value of intellectual rights, property stratification, changes in the trade and financial spheres pose a threat to social, consumer and environmental security. The purpose of the article is to study the actual problems of legal regulation of such new manifestations of the era of consumerism as affluence, astroturfing, planned obsolescence, brand cult, etc. The analysis of the current situation makes it possible to state the need for wider application of public law methods of human rights protection. The author offers a study of the holistic concept of legal regulation in order to achieve an balance of private, public and public interests.

SPECIFICS OF COMBATING CORRUPTION IN THE CIVIL SERVICE OF THE RUSSIAN FEDERATION WITH THE USE OF ADMINISTRATIVE LAW MECHANISMS

2016 ◽  
Vol 11 (1) ◽  
pp. 107-113
Author(s):  
Гончарук ◽  
Natalya Goncharuk
Keyword(s):  
Russian Federation ◽  
Civil Service ◽  
Legal Liability ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Provisions ◽  
Administrative Procedures ◽  
The Subject ◽  
The Russian Federation ◽  
Law Making

The article provides analytical information on anti-corruption in the system of the civil service of the Russian Federation. The article presents the rationale for further elaboration of decisions on combating corruption at the level of administrative law-making and enforcement of administrative law, because the existing legal provisions should find their content in all kinds of legal liability. It is in the field of administrative legal regulation the concrete mechanisms of combating corruption should be enhanced, gaps should be eliminated, creating opportunities for corruption, the formed schemes of corrupt interaction should be destroyed. A similar situation exists in the scientific coverage of the problems of combating corruption. The existing monographic publications and sources on the subject widely present the strategic and tactical aspects, however, questions on the use of administrative procedures and anti-corruption mechanisms need to be further developed.

Administrative law and administrative responsibility

2021 ◽  
Author(s):  
Boris Rossinskiy
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Russian Federation ◽  
Administrative Law ◽  
Bachelor's Degree ◽  
State University ◽  
Law Schools ◽  
Russian State ◽  
The Russian Federation ◽  
Administrative Responsibility

The course of lectures corresponds to the programs of administrative law for students studying in the bachelor's degree program "Jurisprudence", as well as the specialties" Legal support of national security "and"Law Enforcement". The course of lectures summarizes the author's experience of lecturing on administrative law and administrative responsibility at the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), the Moscow University of the Ministry of Internal Affairs of Russia, the Academy of the Investigative Committee of the Russian Federation, and a number of other universities. For students, cadets, postgraduates, adjuncts and teachers of law schools and faculties, researchers, employees of state and municipal bodies, persons improving their qualifications.

Law-making as an outpost of legislating for regulation of social relations

2016 ◽  
Vol 5 (1) ◽  
pp. 97-100
Author(s):  
Мухометзянова ◽  
Kseniya Mukhometzyanova
Keyword(s):  
Social Relations ◽  
Practical Importance ◽  
Legal Regulation ◽  
Initial Stage ◽  
Law Making

The article examines the problems of identifying the needs of the society in the legal regulation of social relations. The influence of the initial stage of law-making for the entire law-making process as a whole is analized. The practical importance of the initial stage of the formation of law is examined

State service of the Russian Federation in the sphere of law enforcement: problems of theory and practice of administrative and legal regulation

2018 ◽  
Author(s):  
Роман Нагорных ◽  
Roman Nagornyh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Public Service ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Theory And Practice ◽  
Law Enforcement Agencies ◽  
The Public ◽  
The Russian Federation

The monograph presents the characteristics of modern theoretical and methodological approaches to the understanding of the problems of administrative and legal regulation of the public service of the Russian Federation in the field of law enforcement, subjected to a detailed analysis of the current administrative legislation in the field of administrative and legal regulation and organization of public service in law enforcement agencies, justified the direction of further improvement Special attention is paid to the problems of development of the administrative law Institute of public service in law enforcement, the legal status of civil servants of law enforcement agencies in our country. The book is intended for students, postgraduates, teachers and researchers of educational institutions and research institutions, as well as for all those interested in the problems of modern administrative law.

scholarly journals Family Law in the Context of a New Social Reality Formation: Doctrinal Principles of Law Enforcement

Lex Russica ◽  
2021 ◽  
pp. 124-133
Author(s):  
D. S. Ksenofontova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Family Law ◽  
Family Relations ◽  
Social Reality ◽  
Legal Regulation ◽  
Traditional Family ◽  
Judicial Practice ◽  
The Family ◽  
Fair Balance

Improving the legal regulation of family relations involves the search and implementation of new social, organizational, legal and other measures to support the functioning of the traditional institution of the family. At the same time, family legislation does not always take into account modern trends in the life of society, which to a certain extent hinders the exercise and protection of family rights, as well as ensuring a fair balance of interests of participants in family and other relationships. In this sense, in some cases, higher courts react most effectively, taking into account even minor changes in social reality in a timely manner.The transformation of the family law in the context of changing social reality is based on two conceptual principles: firstly, the preservation of traditional family values of Russian society and, as a consequence, the reflection of such at the legislative level and in judicial practice, and secondly, legislative and law enforcement response to the latest social practices. These principles of transformation of family law complement each other, allowing us to take into account the public demands of various social groups.The main directions of the modern transformation of family law, reflected in judicial practice, include the following. First, the expansion of the sphere of family law regulation of public relations is due to the complexity of the system of social relations. Second, it is the expansion of the system of intersectoral relations of family law, caused by the complexity of the legal regulation of public relations in general. Its consequences are a shift in emphasis in ensuring a fair balance of interests of participants in family and other legal relations, the strengthening of civil law principles in the regulation of family relations, giving traditional family law institutions new optional properties and purpose, including the penetration of public legal goals in the private legal field of family life. Third, it is to ensure gender balance in family relations at the law enforcement level.

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