scholarly journals Judicial protection of pension rights: problems of theory and practice

2018 ◽  
Vol 2 (1) ◽  
pp. 164-179
Author(s):  
Marina G. Sedelnikova ◽  
Alexandra A. Puzyreva
Keyword(s):  
Theory And Practice ◽  
Scientific Methods ◽  
The Supreme Court ◽  
Scope Of Application ◽  
General Scientific ◽  
The Subject ◽  
Special Rules ◽  
Judicial Procedures ◽  
Definition Of ◽  
Judicial Protection

The subject. The article is devoted to analysis of pension disputes resolution in courts.The purpose of the article is to reveal trends of pension disputes resolution and identify the ways of increasing the efficiency of judicial protection of citizens’ pension rights.The methodology. Both general scientific methods (analysis, synthesis, description) and special scientific methods (formal-legal methods method of legal interpretation) were used.Results, scope of application. Pension legislation still does not contain a legal definition of the term “pension dispute” despite currently the prevalence of this category of cases; the legal science still has not developed a uniform approach to definition of the essence of the pension dispute.Special attention is paid to the issues of definition of the facts in proof, that is complicated because of instability of the pension legislation and a large amount of normative array. Special rules relating to the admissibility of evidence are divided from legally significant circumstances. The attention is focused on the most problematic points that arise in the process of proving: the procedure for confirmation of experience, employment in certain types of work quotas.Recommendations aimed at improving the effectiveness of judicial protection of the pension rights of citizens are formulated on the basis on the analysis of the identified problems that arise during consideration of pension disputes by law enforcement authorities. Recommendations include the need to improve the quality of normative legal acts, systematization of the pension legislation, increasing demands for training of judges, the creation of conditions conducive to the judges’ specialization. The necessity of increase activities of the Supreme Court in the process of issuing clarifications on issues arising in the application of the pension legislation is also considered.Conclusions. The existence of a number of features of the substantive and procedural legal order in pension legislation is proved. Such features include the retrospective of the pension legislation, the resolution of pension disputes in both administrative and judicial procedures, the inability to use the mediation procedures and settlement agreement, the specifics of the subject of the relevant dispute, a large number of exemptions from payment of state fees, and special requirements for the content of the operative part of the judgment.

Bank Marketing: Features, New Trends, and Prospects

2019 ◽  
pp. 83-88
Author(s):  
E. N. Valiev ◽  
E. N. Veysov
Keyword(s):  
Systems Approach ◽  
Marketing Research ◽  
Theory And Practice ◽  
Scientific Publications ◽  
Scientific Methods ◽  
New Directions ◽  
General Scientific ◽  
Modern Economic ◽  
The Subject ◽  
Bank Marketing

The importance of the subject of this study is attributable to the need of developing the theory and practice of formation of bank marketing, its features and new trends associated with this concept. Prospects for the development of banks and their ability to quickly and efficiently address new challenges presented by the market can be determined through modern forms, methods of management and creative use of financial marketing opportunities.Aim. The presented study aims to examine the specific aspects, principles, conditions, factors of emergence, and prospects for the development of bank marketing and forms of its management in modern economic conditions.Tasks. The authors identify the major trends and perspective directions in the development of bank marketing in Azerbaijan at the current stage.Methods. As its methodological and theoretical basis, this study uses a systems approach to the analysis of its subject, conceptual approaches outlined in the works of Azerbaijani, Russian, and foreign scientists in the field of bank marketing. These methods are used to determine the essence of bank marketing, present the types and organization of marketing research, and identify the characteristic traits, new forms, and directions for the development of bank marketing.Results. The study uses general scientific methods of cognition in various aspects to identify characteristic traits, trends, and new directions of bank marketing. A review of scientific publications shows that academic papers tend to focus on general conceptual approaches to the practical application of marketing. The authors believe that the issues of organization of a comprehensive bank management system, its implementation based on innovations in the promotion of banking products and services in the financial market, and substantiation of channels for their distribution among consumers are insufficiently explored. This makes the subject of this study extremely relevant due to the inevitable optimization of the organizational structure of banks through comprehensive implementation of the marketing system.Conclusions. Theoretical and practical issues of bank marketing are examined. As a result, the specific features and characteristic traits of this mechanism, conditions and factors for its emergence, and its prospects in the context of the digital economy are analyzed.

Features of Financial and Legal Incentives of Investment Activities in the Regions

2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV
Keyword(s):  
Financial Incentives ◽  
Russian Regions ◽  
Investment Activity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.

scholarly journals ОСНОВНІ ЧИННИКИ ФОРМУВАННЯ Й РОЗВИТКУ ДИЗАЙНУ МЕБЛІВ

2019 ◽  
pp. 117-128
Author(s):  
В. Ф. Стрілець
Keyword(s):  
Comparative Analysis ◽  
Experimental Design ◽  
Research Problem ◽  
Furniture Design ◽  
Field Surveys ◽  
Scientific Methods ◽  
Spatial Environment ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

The purpose of this article is the definition of factors that influence the development of modern furniture design and trends in its development in the context of the formation of the subject-spatial environment. The methodology of this study is to apply general scientific methods of analysis, synthesis, comparative analysis, field surveys, experimental design, as well as study of cultural heritage for this research problem.

scholarly journals Current state of practical applying criminal punishment in the form of imprisonment for a certain period in relation to juveniles

2021 ◽  
Vol 229 (6) ◽  
pp. 32-44
Author(s):  
EVGENIYA N. FEDOTOVA ◽  
Keyword(s):  
International Standards ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
Existing Problems ◽  
Current State ◽  
The Supreme Court ◽  
Critical Problems ◽  
General Scientific ◽  
The Subject ◽  
Structural Methods

The article analyzes the criminal punishment in the form of imprisonment for a certain period in terms of its application to juveniles. The article considers the criminal, penal and criminological aspects, as well as the correlation of the procedure for applying the specified criminal punishment with the provisions of international standards in the administration of juvenile justice. The subject of the article is the statistical reporting of the Judicial Department at the Supreme Court of the Russian Federation, the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of Russia, Russian legislation, provisions of international regulatory legal acts, scientific literature on the stated topic. The purpose of the study is to comprehensively analyze punishment in the form of imprisonment for a certain period of time as a type of punishment applied to juveniles, to identify problems in the practice of its appointment and execution in relation to the designated category of persons, as well as to find possible ways of eliminating such problems. The methodological basis of the research was made up of statistical, comparative legal, systemic and structural methods, analysis, synthesis, induction and other general scientific methods. The author has investigated the essence and content of imprisonment, the procedure for its appointment to juveniles, analyzed the data of judicial statistics. On the basis of statistical data of the Federal Penitentiary Service of Russia, the practice of organizing the execution of sentences in the form of imprisonment in relation to underage persons has been studied. A criminological personality study of a juvenile convicted to this type of criminal punishment, held in an educational colony, has been carried out. The main tendencies and peculiarities of appointing imprisonment for juveniles and the practice of its implementation are revealed, the effectiveness of this type of punishment for juveniles is assessed, the existing problems are formulated, and the author's ways of eliminating them are proposed. In conclusion, the author states that, in general, the practice of applying imprisonment to juveniles does not have critical problems and complies with the requirements of international normative legal acts. The main problem is the weak organization of post-penitentiary monitoring of minors who have served their imprisonment sentence. Key words: juvenile, imprisonment, educational colony, juvenile delinquent, juvenile delinquency, re-socialization.

scholarly journals Constitutional legal support of the unity, stability and coherence of Russian legal system

2018 ◽  
Vol 2 (3) ◽  
pp. 29-42
Author(s):  
S. Ivanov
Keyword(s):  
Legal System ◽  
Comparative Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Scope Of Application ◽  
General Scientific ◽  
The Subject ◽  
Constitutional System ◽  
Legal Mechanism ◽  
Stability And Consistency

The subject. The paper is devoted to the issues of the system of constitutional legal guarantees of unity, stability and consistency of the Russian legal system, the problems of their effective implementation.The purpose of the paper is to reveal the actual problems of constitutional legal support of the unity, stability and coherence of the Russian legal system.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).Results, scope of application. It is revealed that the constitutional legal support of unity, stability and consistency of the Russian legal system occurs by means of action of two types of special constitutional legal guarantees: conflict and competence ones. A number of problems of effective support of the unity, stability and consistency of the domestic legal system are identified. The problems include gaps and other defects of constitutional regulation, the lack of a legal mechanism to ensure the supremacy of the foundations of the constitutional system and others.Conclusions. There is a number of amendments to the existing constitutional legislation proposed to solve the identified problems.

Features of compulsory medical measures connected with the execution of punishment

2019 ◽  
pp. 9-15
Author(s):  
Александра Викторовна Васеловская
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Main Task ◽  
Compulsory Treatment ◽  
Simultaneous Application ◽  
Scientific Methods ◽  
Logical Language ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Принудительные меры медицинского характера могут быть назначены лицу не только в качестве самостоятельной меры уголовно-правового характера, но и наряду с наказанием. Соединение принудительного лечения с отбыванием наказания имеет свои особенности, ставшие предметом рассмотрения в настоящей статье. Основной задачей автора в рамках заявленного предмета было проведение критического анализа положений уголовного закона, регулирующих применение принудительных мер медицинского характера, соединенных с исполнением наказания. Использованы как общенаучные (анализ, синтез, аналогия), так и частно-научные методы исследования (формально-юридический, логико-языковой, метод сравнительного правоведения). Исследование показало, что на сегодняшний день применение принудительных мер медицинского характера наряду с наказанием обнаруживает ряд проблем практического характера. К их числу могут быть отнесены невозможность изменения вида принудительного лечения, соединенного с исполнением наказания, одновременное применение к одному и тому же лицу нескольких видов принудительного лечения, определение срока, на который назначается данный вид принудительных мер. Автор критически относится к существующей позиции об ограниченности срока применения принудительного лечения временем отбывания наказания. В основу определения срока лечения должны быть заложены медицинские критерии, отражающие динамику состояния здоровья лица, к которому применяются рассматриваемые меры. В статье обосновывается позиция, согласно которой принудительные меры медицинского характера, соединенные с исполнением наказания, представляют собой некарательную форму реализации уголовной ответственности. Compulsory medical measures can be assigned to a person not only as an independent law measure, but also along with punishment. The combination of compulsory treatment with punishment has features that have become the subject of this article. The main task of the author in writing the article in the framework of the claimed subject was to conduct a critical analysis of the provisions of the Criminal Code governing the use of compulsory medical measures connected with the execution of punishment. In the process of work on the article there were used both general scientific methods (analysis, synthesis, analogy) and private scientific methods (formal-legal, logical-language, the method of comparative law). The study showed that today, the use of compulsory medical measures, connected with the execution of punishment, reveals practical problems. These include the impossibility of changing the type of compulsory treatment, combined with the execution of punishment, the simultaneous application to the same person of several types of compulsory treatment, the definition of the period for which this type of compulsory measures is assigned. The author criticizes the position that the period of compulsory treatment should be limited by the time of serving the sentence. According to the author, the basis for determining the period of treatment should be based on medical criteria that reflect the dynamics of the state of health of the person to whom the measures are applied. The article substantiates the position according to which compulsory medical measures, combined with the execution of punishment, constitute a non-punitive form of criminal responsibility.

scholarly journals Local self-government as a social institution: issues of theory and practice

2021 ◽  
Vol 7 (3) ◽  
pp. 444-448
Author(s):  
Igor Nikolaevich Ivanenko ◽  
Alina Valerievna Grigorieva ◽  
Olga Stanislavovna Zinisha ◽  
Denis Yakovlevich Rodin
Keyword(s):  
Local Population ◽  
Special Kind ◽  
Social Institution ◽  
Theory And Practice ◽  
Scientific Methods ◽  
General Scientific ◽  
Definition Of ◽  
Meaningful Definition

The purpose of this research is to study the theoretical and practical foundations of local self-government, represented as a special kind of social institution, as well as to formulate proposals aimed at improving the effectiveness of the implementation of the citizens’ right to independently resolve issues of local importance. In the course of the work, general scientific methods were used in the form of analysis and observation, as well as particular methods. Particular approaches include comparative-legal, statistical, as well as system-structural, and formal-logical methods. The article gives the most objective and meaningful definition of the concept of local self-government from a social standpoint, as well as lists the main features of this institution. At the same time, the authors turned their attention to the study of the essence of the socio-legal interests and needs of the local population and listed the most common and significant rights of citizens in this area.

Applied and problem-oriented aspects and approaches of optimizing the motivation of professional activity

2019 ◽  
Vol 4 (3) ◽  
pp. 20-31
Author(s):  
Татьяна Никитина ◽  
Tatyana Nikitina
Keyword(s):  
System Analysis ◽  
Theory And Practice ◽  
Professional Activity ◽  
Analysis Method ◽  
Present Stage ◽  
Scientific Methods ◽  
Activity Form ◽  
General Scientific ◽  
The Subject ◽  
Psychological Educational

The object of the work is the motivation of professional activity, its enhancement and stimulation. The subject are techniques and methods of psychological, educational, and other value-orienting activities aimed at the formation and provision of professional-relevant motivation. The purpose of the research is to establish and define the basis of professional motivation, consideration of applied and problem-oriented aspects and approaches to optimize problem solving, increase professional motivation. The research methodology represents a complex of general scientific and private scientific methods of scientific cognition: dialectic, historical legal, comparative legal, system analysis, formal logical, sociological, etc. motivation of professional activity. The use of the system analysis method contributed to determine the place of motivation among other factors determining the content of professional activity. The scientific novelty of the research is expressed in the obtained new knowledge as a result of the research by the author of the traditional doctrinal approach to the consideration of the main institutional and functional foundations of the existing system of professional motivation. The formulated main provisions of the work allow defining reasonable approaches to studying and analyzing the practice of organizing and ensuring the motivation of professional activity, form an idea of the place of motivation as one of the key elements of the system of preparation for professional activity at the present stage of existence and improve the system of personnel training, theory and practice of personnel work .

Judicial Protection of the Rights of Consumers of Financial Services

2021 ◽  
Vol 5 ◽  
pp. 89-95
Author(s):  
А. V. Efimov ◽  
Keyword(s):  
Financial Services ◽  
Judicial System ◽  
Access To Justice ◽  
Scientific Methods ◽  
Trial Procedure ◽  
Financial Organization ◽  
Consumer Access ◽  
General Scientific ◽  
Judicial Procedures ◽  
Judicial Protection

. The institution of a financial ombudsman significantly affects the procedure for protecting the rights of consumers of financial services. The problem is that the protection of consumer rights in the courts is complicated by the factual double mandatory pre-trial procedure for resolving a dispute, in which, before going to court, the consumer is obliged to contact a financial organizationand a financial ombudsman. The purpose of this article is to formulate a theoretical approach to the balance between consumer access to justice and the burden on the judicial system. Research objectives: characteristics of the consumer of financial services; assessment of the pre-trial procedure for protecting the rights of consumers of financial services; search for the optimal ratio of pre-trial and judicial procedures for protecting the rights of consumers of financial services. When writing this article, general scientific methods (system, functional, group of logical methods) and special legal methods (formal legal, legal modeling method) were applied. The article criticizes the existing procedure for protecting the rights of consumers of financial services for the imbalance between consumer access to justice and the burden on the judicial system. The author proposes the introduction of a mixed jurisdiction of disputes involving consumers, in the framework of which it is assumed that after contacting a financial organization, the consumer will have the choice of a jurisdictional body- the consumer will be able to appeal to both the financial ombudsman and the court. At the same time, the development of the institution of a financial ombudsman by improving the efficiency, efficiency and other characteristics of dispute resolution will increase its attractiveness for consumers, stimulating them to resolve disputes out of court.

scholarly journals Notes as a method of legislative technique and their importance for regulation of the institution of conviction record

2021 ◽  
pp. 36-49
Author(s):  
Mariya Andreevna Malimonova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the criminal law provisions on notes as a component of legislative technique and their importance for achieving such goals. The author explores the existing approaches towards the definition of the concept and essence of notes, as well as their classification. Special attention is given to the only note from the General Part of the Criminal Code of the Russian Federation – note to Article 73, which pertains to the institution of conviction record. The goal of this work is to determine the essence and importance of the note for the development of criminal law norms dedicated to the institution of conviction record. The methodological framework of this research is comprised on the general scientific methods (analysis, synthesis, comparison), formal-legal and systematic methods, as well as the relevant case law. As a result, the author formulates the definition of the concept of notes, indicates its correlation with the criminal law norm, lists the basic types of notes used in criminal law, and describes their role. The analysis of the provisions of the Article 73 of the Criminal Code of the Russian Federation and the notes to the Article 73 revealed the new problems in legislative regulation of suspended sentence and conviction records, which prompted the author to explore these issues and offer solutions. Clarification is given to the definition of “convicts” provided in the Paragraphs “a” and “a.1” of the Part 1 of the Article 73 of the Criminal Code of the Russian Federation. Substantiation is given to the role of convict record as a separate circumstance that prevents imposition of suspended sentence. The author indicates the fact of various interpretation of the concept of “crimes against sexual integrity of minors” mentioned in the note to the Article 73 of the Criminal Code of the Russian Federation and in the construct of the qualifying element for a number of offences of the Article 18 of the Criminal Code of the Russian Federation, as well as substantiates inexpediency of unification of this definition. The scientific novelty consists in proposing the new wording for the purposes of the Article 18 of the Criminal Code of the Russian Federation, which the author believes should be enshrined in the new note to the Article 131 of the Criminal Code of the Russian Federation.

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