scholarly journals The development of customs law in the scope of Eurasian integration

2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.

Author(s):  
Наталья Рубцова ◽  
Natal'ya Rubcova

The paper features the correlation between the concepts of mechanism and method of legal regulation in the context of entrepreneurial activity. The research objective was to determine the features and prospects of the development of the mechanism of legal regulation in business sphere. The research was based on the General scientific dialectical method and such private scientific methods as comparative, historical, logical, and modeling. The paper describes separate elements of the mechanism of legal regulation that structure certain public relations. The authors analyzed opinions of legal scholars on the mechanism and method of legal regulation. The mechanism and the method of legal regulation proved to be non-identical concepts. In contrast to the method of legal regulation, which means a set of techniques and methods by which certain social relations are regulated, the mechanism of legal regulation reflects a certain technology of legal regulation. In addition, it ensures the functioning of both the system of law as a whole and its individual branches and institutions. This study can serve as a basis for a further analysis of the mechanism of legal regulation to determine its effectiveness in relation to business regulation.


Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.


2018 ◽  
Vol 60 (6) ◽  
pp. 1255-1271
Author(s):  
Djamilya Ospanova ◽  
Duman Kussainov ◽  
Akif Suleimanov ◽  
Ainur Kussainov ◽  
Rysgul Abilsheyeva

Purpose The relevance of the work is determined by the fact that administrative law appears as one of the significant factors influencing the development of both the public administration system as a whole and the processes of its reform that the Russian Federation has faced today. The authors show that if the relations of state administration are the subject of the administrative law’s influence (after all, it is they who are influenced by administrative and legal norms), then we are faced with an extremely important question regarding the character and specificity of the relationship between administrative and legal relations and relations of state management, on the one hand, and analysis of the concept of administrative and legal regulation of public administration relations on the other. This goal is important, given that the authors substantiate the relationship between administrative law and public administration through identifying the possibilities of regulatory influence on the part of administrative law on public administration relations. Design/methodology/approach Prospects for the further development of the study are the formation of an understanding that government is not limited to administrative law, but it cannot be denied that the regulatory impact of law in public administration is decisive, and therefore public administration is largely a state-legal category, although it is not limited to this. Findings So, having analyzed the above approaches and positions of scientists regarding the subject of administrative law, the authors believe that it can include any managerial activity of the state authority and local government bodies that does not directly concern the subject matter of another branch of law; is realized with the help of the executive-administrative mechanism (in this case the author does not consider the executive-administrative mechanism as an exclusive prerogative or a unique feature of the executive authorities, although, of course, he agrees that it is the most typical and characteristic feature for them); is realized within the framework of a certain state authority, local government or non-governmental organization (in case of delegating state powers to it) to ensure its proper functioning (internal management relations); is implemented outside the framework of a certain state authority, local government or non-governmental organization (in case of delegating state powers to it) and is directed to other (external) with respect to the relevant body or organization of entities (external organizational management relations); and is largely characterized by relative constancy and immediacy of implementation relative to the management object. Originality/value Prospects for the further development of the study are the formation of an understanding that government is not limited to administrative law, but it cannot be denied that the regulatory impact of law in public administration is decisive, and therefore public administration is largely a state-legal category, although it is not limited to this. At the same time, indistinctness and uncertainty about different ways of understanding public administration often generate negative effects both at the general scientific level and at a purely practical level (when it comes to the exercise of administrative powers by certain state authorities).


Today the tourism business remains a promising area of development of Ukraine's economy, despite a number of problems caused by the COVID-19 pandemic. Gastronomic tourism is gradually gaining popularity among consumers, due to their desire for new gastronomic experiences and taste sensations. This type of tourism reveals the features of authentic cooking technology, traditions of their consumption, teaches culinary skills, and gastronomic festivals and fairs are visited every year by more guests, even from abroad. Zakarpattia is one of the main gastronomic destinations in Ukraine. The large number of nationalities living in this area create a unique culinary culture and traditions. All this makes Zakarpattia unlike any other region and promotes the development of gastrotourism. The subject of the article is the problems and prospects of gastronomic tourism in Ukraine (on the example of Zakarpattia Oblast). The aim is to study the problems and prospects of gastronomic tourism development in Zakarpattia Oblast of Ukraine. Tasks: analysis of the destination of gastronomic tourism in Ukraine, as well as determining the prospects for the development of gastronomic tourism in Zakarpattia Oblast. General scientific methods are used: analytical, evaluation, comparative, statistical, graphic, descriptive, cartographic. The following results were obtained: the main destinations of gastronomic tourism in Ukraine and its prospects for development in Zakarpattia Oblast were identified. It is concluded that state and regional support of the region is important for further development and popularization of gastronomic tourism in Zakarpattia Oblast; creating an effective marketing policy; raising the level of qualification of labor resources in the field of tourism; increasing the number of gastronomic events (wine and cheese fairs, as well as festivals); improving the quality and diversification of gastronomic tours.


2020 ◽  
Vol 6 (8) ◽  
pp. 210-215
Author(s):  
B. Karypov

The development of digital technologies in all spheres of public life is an actual issue for states. Globalization processes spawn the need for broad integration, where digital technologies come to the fore on the development of an effective state with law-making that meets modern requirements. The use of digital technologies allows legal monitoring of the legislation system, ensuring the elimination of gaps, duplication, changes in the legislative acts. The article considers the problems of informatization and digitalization of law-making activity in the Kyrgyz Republic. The object of the study is public relations arising in the process of informatization and digitalization of the law-making activity of state authorities of the Kyrgyz Republic. The subject of the study is the theoretical and practical problems of the introduction and further development of information and digital technologies in the legislative process of the Jogorku Kenesh of the Kyrgyz Republic to increase the level of adopted regulatory legal acts and the effectiveness of lawmaking in general. While studying the problem, universal and specific scientific methods of cognition were used: analysis and synthesis, deduction and induction, historical and comparative. The results of the study allow us to conclude that the activity on the adoption, amendment and repeal of normative legal acts should correspond to a dynamically developing economy.


2019 ◽  
Vol 6 (2) ◽  
pp. 42-52
Author(s):  
Mark Vladimirovich Shugurov

This article offers a comprehensive view of most significant aspects of the subject matter of international law philosophy. The purpose is a framing the conceptual model of its subject matter and is to identify general themes of further discussion. The methodology of research conducted consists of the general scientific methods of analysis and synthesis, generalization and abstracting. The author has used the system principle and the historical principle. As results of given study are following: justifying the idea of international law as a main subject matter of respective philosophy; explicating the content of the notion “contemporary philosophy of international law”; demonstrating the differences between theory of international law and international law philosophy. The conclusions drawn are conceptual provisions that, firstly, international law philosophy is an independent legal science. Secondly, its vocation is to investigate not only philosophical foundations of international law but also philosophical foundations of international law doctrine. Thirdly, the contemporary international law philosophy must provide the dialog between versions of understanding of international law that are typical for various civilizations.


Author(s):  
Elena Yur'evna Eseva

This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.


Retos ◽  
2021 ◽  
Vol 42 ◽  
pp. 662-672
Author(s):  
Inna Bolokan ◽  
Georgiy Samoylenko ◽  
Maxym Tkalych ◽  
Bogdan Panchenko ◽  
Volodymyr Dmytriv

  Sports law is a relatively new phenomenon for jurisprudence in Ukraine. At present, there is no developed theoretical basis for responsibility in the field of sports in the domestic legal science. This publication is a study of world and national experience in solving this problem and is intended to be a source of further research in the field of sports law. The purpose of the study is to analyze the state of legal regulation of liability in the field of sports. The object of the study is the social relations that have developed in the field of sports law. The subject of the study is the public relations that have developed in the field of sports law in relation to legal and sports-competitive liability. Philosophical, general scientific and special scientific methods such as dialectical, system-structural, comparative-legal, and formal-legal methods acted as research methods. As a result of the work, the general features of legal regulation of sports sanctions in foreign countries were established, the terminology and conceptual schemes fundamental for legal doctrine were analyzed, the description of the state of research of the problem in the scientific environment is given, the national situation on responsibility in the field of sports is analyzed, typical examples of court cases in the researched aspect are specified, and also recommendations on improvement of the legal base are given.  Resumen: El derecho deportivo es un fenómeno relativamente nuevo para la jurisprudencia en Ucrania. En la actualidad, no existe una base teórica desarrollada para la responsabilidad en el campo del deporte en la ciencia jurídica nacional. Esta publicación es un estudio de la experiencia nacional y mundial en la solución de este problema y pretende ser una fuente de investigación adicional en el campo del derecho deportivo. El objetivo del estudio es analizar el estado de la regulación legal de la responsabilidad en el ámbito del deporte. El objeto del estudio son las relaciones sociales que se han desarrollado en el ámbito del derecho deportivo. El tema del estudio son las relaciones públicas que se han desarrollado en el ámbito del derecho deportivo en relación a la responsabilidad jurídica y competitiva deportiva. Actuaron como métodos de investigación métodos filosóficos, científicos generales y científicos especiales tales como métodos dialécticos, sistémicos-estructurales, comparativos-legales, formales-legales. Como resultado del trabajo se establecieron las características generales de la regulación legal de las sanciones deportivas en países extranjeros, se analizó la terminología y esquemas conceptuales fundamentales para la doctrina jurídica, se da la descripción del estado de la investigación del problema en el ámbito científico. , se analiza la situación nacional de la responsabilidad en el ámbito del deporte, se especifican ejemplos típicos de casos judiciales en el aspecto investigado, y también se dan recomendaciones sobre la mejora de la base jurídica.


Author(s):  
Николай Сергеевич Ковалев

Объектом представленного в статье исследования являются общественные правоотношения в области уголовно-исполнительного законодательства, которые заключаются в реализации равных прав и обязанностей, а также в их защите государством. Предметом выступают нормы уголовно-исполнительного права, регламентирующие взаимоотношения субъектов правоотношений по поводу исполнения и отбывания всех видов уголовных наказаний, одним из которых выступает осужденный в качестве лица со специальным правовым статусом. В качестве методологической основы познания в работе были использованы общенаучные методы - анализ, сравнение, дедукция, индукция, и частнонаучные - формально-юридический и метод анализа. Принцип равенства осужденных перед законом предусматривает равные права и обязанности осужденных в уголовно-исполнительным праве, а также единую возможность для реализации этих права и исполнения возложенных законом обязанностей. При этом гарантии их соблюдения, а равно и защита, устанавливаются государством. The object of this study is public relations in the field of criminal-executive legislation, which consist in the implementation of equal rights and duties, as well as in their protection by the state, which is one of the most pressing issues. The subject of the research is the norms of criminal-executive law governing the relationship between the subjects of legal relations regarding the execution and serving of all types of criminal penalties, which the convicted person, on the one hand, acts as a person with special legal status. As a methodological basis of knowledge, general scientific methods were used in the work: analysis, comparison, deduction, induction and private science: formal-legal and method of analysis. The principle of equality of convicted persons before the law provides for equal rights and obligations of convicted persons in criminal-executive law, as well as a single opportunity for the exercise of these rights and the fulfillment of obligations imposed by law. At the same time, guarantees of their observance, as well as protection, are established by the state.


2021 ◽  
Vol 3 ◽  
pp. 69-71
Author(s):  
Ksenia V. Bogdanova ◽  
◽  
Vladimir A. Sorokin ◽  

The authors consider in detail the discussion questions of determining the subject, essence, science system of administrative law, give the opinions of famous scientists, give their legal assessment. In addition, being considered the differentiation of administrative-procedural law into two sub-sectors is considered: administrative-executive and administrative-judicial. The article used general scientific methods of scientific knowledge: analysis, generalization and comparative law. The authors concluded that determining the subject and essence of the science of administrative law is important at the present stage of development of society, because the norms of this science in the realities of modernity are most socially in demand. Existing unresolved issues require a speedy legislative settlement. The authors see the novelty of the work in a critical understanding of the points of view of various researchers who believe that the subject of science is exclusively the rules of administrative law.


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