Regulators of social relations in the socio-technical environment: theoretical and legal analysis

2021 ◽  
pp. 95-99
Author(s):  
Natalya F. Poryvaeva
Keyword(s):  
Social Relations ◽  
Legal Analysis

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals PROCLAMATIONS AS A SOURCE OF HETMANATE’S CITY LAW OF THE SECOND HALF OF XVII – XVIII CENTURIES

2019 ◽  
pp. 7-13
Author(s):  
O. Y. Vovk
Keyword(s):  
Public Relations ◽  
Urban Communities ◽  
Social Relations ◽  
Municipal Government ◽  
City Government ◽  
Left Bank ◽  
Legal Analysis ◽  
Economic Relations ◽  
The Social ◽  
The Right

The article contains a historical and legal analysis of proclamations as a cumulative source of Hetmanate’s city law of the second half of 17th – 18th centuries, and their characteristic by origin and purpose. It was established that Hetmanate (a state official name was – Zaporizhian Host) was under the rule of Polish-Lithuanian Commonwealth during this period with all the lands and cities, and then as a part of the Russian monarchy. It is studied that in the field of municipal government, public relations in Ukrainian cities were governed by the norms of urban law, including the provisions of local proclamations (locations) of the autonomous government ofHetmanate, which should be divided into separate specific groups. The most significant of them were those that confirmed the granting of the right to self-government of the Magdeburg sample to Ukrainian cities. The proclamations of Ukrainian hetmans of a defensive, prohibited or protective nature, which were granted to the cities of Hetmanate since the reign of B. Khmelnytskyi and including K. Rozumovskyi, protected the rights of urban communities from abuse bythe local administration and representatives of other classes. The cities were given the right to leave a significant part of the income to the city government bodies and burghers by Hetman permitting proclamations. The electoral proclamations of hetmans to certain individuals controlled the order of elections in cities and prevented abuse duringtheir conduct. The regulation proclamations, issued to the cities by hetmans and colonels, clarified the social and economic power ofmagistrates or town halls and established the economic relations of the urban inhabitants. A separate group of local proclamations consisted of those relating to the proper economic activity of urban craft workshops anddefended the social rights of burghers-artisans. It is proved that the norms of proclamations of all groups provided legal regulationof social relations in the sphere of municipal government of Left-Bank Ukraine primarily till the first city reform in Ukrainian citiesconducted by Russian Empire and the introduction of the Charter to Cities of 1785.

scholarly journals Codification of Criminal Law in the First Years of the Soviet Rule: From Continuity to Independence

Lex Russica ◽  
2019 ◽  
pp. 154-160
Author(s):  
S. N. Tokareva
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Public Order ◽  
Soviet Rule ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Political Reality ◽  
The Russian Empire

The relevance of the work lies in the study of regulatory legal acts of the Soviet rule, which became the first experience of creating norms of law in the changed socio-political reality, based on new principles, including criminal law.The purpose is to analyze the Guidelines on the criminal law of the RSFSR of December 12, 1919, revealing the features of the content of the document.In the process of research, general scientific methods of the sphere of humanitarian knowledge (e.g. system, structural and functional) were used. Special methods were also applied: technical and legal analysis, specification, interpretation, historical description. Legal experience is analyzed from the standpoint of the relationship of events and phenomena, as well as taking into account their development in a specific historical situation.As early as the end of 1917 the RSFSR People’s Commissariat of Justice headed by the left SR I.Z. Steinberg announced the creation of the Soviet criminal code. The developed document is recognized as an independent normative act, a monument of criminal law, which corresponded to the principle of continuity and was transitional between the legislation of the Russian Empire and the RSFSR.When the leadership of the RSFSR People’s Commissariat of Justice became bolshevik, a working group was created, and as a result, on December 12, 1919, Guidelines on the criminal law of the RSFSR were adopted. The document was the first existing codified act in the field of Soviet criminal law.The guidelines are a small text, the content of which resembles the general part of criminal law. Despite this, it has several fundamental differences from the previous legislation. The main mechanism is repression, and the priority is the interests of workers.The crime is considered as a violation of the order of social relations protected by criminal law. It is defined as an act or omission of an act dangerous for public relations, causing the need for the state authorities to fight against criminals. Despite the fact that the Guidelines identified the stages of the crime, they did not affect the measure of repression, which is determined by the degree of danger of the offender.The task of punishment is to protect public order from the offender and prevention of a crime. Punishments appear in the form of adaptation of the criminal to public order, isolation and, in exceptional cases, physical destruction. However, the punishment should not cause unnecessary and excessivr suffering to the offender. In general, the Guidelines became the basis for the further development of legal doctrine and criminal law, as well as directed the vector of law enforcement activities of new judges.

scholarly journals Organizational and legal problems of the program for the development of genetic technologies implementation

2021 ◽  
Vol 25 (4) ◽  
pp. 901-916
Author(s):  
Natalya G. Zhavoronkova ◽  
Vyacheslav B. Agafonov
Keyword(s):  
Social Relations ◽  
System Analysis ◽  
Genetic Research ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Problems ◽  
Basic Law ◽  
Genetic Technologies ◽  
Regional Centers ◽  
Legal Mechanism

The relevance of this study is determined by the fact that at present legal regulation of genetic research is not comprehensive and does not provide a complete regulation of social relations in the focus. Оne of the factors hindering the development of genetic technologies is the absence of a basic law On genetic technologies. The purpose of the study . The article is devoted to the analysis of modern legal problems and the search for optimal solutions to the organizational and legal problems of the program for the development of genetic technologies implementation. Materials and methods of research . In order to understand modern approaches to relevant problems of improving the organizational and legal mechanism of the program for the development of genetic technologies implementation associated with environmental and biological risks and threats, a comparison of various methods of legal regulation and management, including dialectical, logical, and predictive methods, as well as the method of system analysis, is carried out. Results. Application of these methods allowed to conduct a comprehensive legal analysis of the current legislation and state strategic planning documents, work out a theoretical and legal basis for the development of the basic law On Genetic Technologies and formulate other proposals to improve the current legislation. The core powers of the National (federal) Bioresource Center, the network of federal and regional centers of genetic technologies, as well as the National Center for Biosafety have been identified and grounded by the authors.

An Ontology of Capitalism

2020 ◽  
pp. 23-42
Author(s):  
Zoe Adams
Keyword(s):  
Social Relations ◽  
Critical Realism ◽  
Basic Structure ◽  
Social Critique ◽  
Legal Analysis ◽  
Legal Form ◽  
Critical Realist ◽  
Historical Specificity ◽  
Ontological Framework ◽  
Realist Ontology

This chapter develops an ontological framework through which to explore law’s relationship with capitalist social relations. It draws on insights from critical realism, before developing its ontology through an engagement with the immanent social critique associated with Marx’s Capital. The first section introduces critical realism and its theory of social reality and explains what we can take away from this theory for the purposes of law and legal analysis. This section focuses specifically on how critical realism can contribute to our understanding of the nature, and origins, of social structures and how they influence human behaviour. The second section makes some suggestions about how to refine the critical realist ontology, with a particular focus on the importance of exploring the historical specificity of particular forms of society, and relatedly, of the concepts and categories that are intrinsic to them. Drawing on Marx’s mature critical theory, the third section uses the insights from the previous sections to explore in detail the basic structure of capitalism and to identify and explain the emergence of its constitutive categories before teasing out the implications of this analysis for our understanding of law’s ‘constitutive’ role—the various functions it performs in the context of capitalism. The analysis in this chapter will lay the groundwork for a more detailed analysis of the legal form in Chapter 3.

scholarly journals THE ROLE OF “SOFT LAW” IN RELATIONS OF STRATEGIC COOPERATION BETWEEN UKRAINE AND PRC: INTERNATIONAL LEGAL ANALYSIS

2019 ◽  
pp. 106-113
Author(s):  
K.V. Smyrnova ◽  
A.V. Gandziura
Keyword(s):  
Social Relations ◽  
Soft Law ◽  
Legal Analysis ◽  
Legal Norms ◽  
Bilateral Agreements ◽  
Advantages And Disadvantages ◽  
Bilateral Relations ◽  
Strategic Cooperation ◽  
Analytical Assessment

The article deals with peculiarities of the soft law functioning in regulation principles formation of bilateral strategic cooperation between Ukraine and China. The weight and influence of the “soft law” provisions in the context of the legal and regulatory framework of bilateral relations between the countries have been summed up. A deep and profound analytical assessment of various bilateral agreements has been done. Different types of legal norms are being characterized from the point of their legal obligation and the advantages and disadvantages of their application in the agreements in view of current world trends. The survey shows that serving as a regulator of relations, “soft law” may entail certain legal consequences. First of all, it can be the basis for a document that is legally binding source of law, in addition, the rules of “soft law” are able to independently regulate social relations, complementing the official source of law or filling its gaps.

scholarly journals MANAGEMENT (ADMINISTRATIVE) ACTIVITY OF THE CONTROLLING AUTHORITIES IN THE AREA OF TAXATION: ESSENCE AND TYPES

2019 ◽  
Vol 4 (5) ◽  
pp. 343 ◽  
Author(s):  
Olha Tylchyk ◽  
Yurii Riabchenko ◽  
Oleksandr Popivniak
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Legal Regulation ◽  
Administrative Law ◽  
Theoretical Background ◽  
Legal Analysis ◽  
Activity System ◽  
The Public ◽  
Scientific Analysis ◽  
Scientific Papers

The innovation of conceptual provisions of the administrative law doctrine that are based on the priority of rights, freedoms, legitimate interests of an individual, service orientation of the public administration authorities’ performance affects the essence of the controlling authorities’ management (administrative) activity in the area of taxation and requires its fundamental upgrade. Drafting of theoretical provisions as to the essence and the types of the controlling authorities’ management (administrative) activity in the area of taxation should be based on a profound theoretical and legal analysis of the existing concepts and doctrines and their comparison with the current developments in the public administration authorities’ performance that carry out similar activities. In addition, it’s reasonable to highlight the issues of legal regulation of the relations with respect to the controlling authorities’ management (administrative) activity carried out in the area of taxation. The research objective is to substantiate the theoretical background of the controlling authorities’ management (administrative) activity in the area of taxation set out in the form of a list of the substantive characteristics of such activity, the provisions that reflect its peculiarities, as well as the systematization of the lines and types of such activity. The object of the research is the social relations of a public-law nature, related to the activities of the controlling authorities in the area of taxation. The contemporary concepts and doctrines developed by the scientists through critical thinking constitute the theoretical basis of the scientific analysis. This article explores the scientific papers related to the issues of public administration, administrative law, and administrative activity. System-based approach constitutes the methodology of the scientific analysis which made it possible to single out the elements of the administrative activity system, to reveal their content and to take into account their specific features when determining the nature of the controlling authorities’ management (administrative) activity in the area of taxation. The result of this research is the theory that reveals the current essence of the specified activity and its lines. This article places emphasis on the existence of public and service component of the specified activity.

scholarly journals Legal Analysis of Fraud in the Banking Sphere

2021 ◽  
Vol 2 ◽  
pp. 80-85
Author(s):  
L.A. Petryakova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Banking Sector ◽  
Theoretical Calculations ◽  
General Rule ◽  
Criminal Code ◽  
Legal Analysis ◽  
The Russian Federation ◽  
Objective Side

Based on the analysis of the more frequent cases of committing fraud in the banking sector, the features of the criminal-legal characteristics of the offenses provided for by Art. 159.1 and 159.3 of the Criminal Code of the Russian Federation. It was established that Articles 159.1 and 159.3 of the Criminal Code of the Russian Federation by virtue of Part 3 of Art. 17 of the Criminal Code of the Russian Federation are special in relation to the general rule providing for liability for fraud in general, and therefore they most fully disclose by the legislator the specific and characteristic features of social relations in the banking sector, which are subject to criminal law protection. Attention is focused on those signs, the definition of which is more difficult in law enforcement. Particular attention is paid to the analysis of the direct object of fraud in the banking sector, the disclosure of the content of its objective side, including the method of committing the crime. The subjective signs of fraud in the banking sector are considered. Practical examples of bringing the perpetrators to justice for banking fraud are demonstrated. Based on the results of the study, the author of the work comes to the conclusion that it is necessary to improve legislation in this area, to strengthen the explanatory and law enforcement activities of the relevant subjects of legal relations. In addition, the analysis of judicial practice given by the author in the study emphasizes its controversial nature. In other words, the author supports the theoretical calculations with an analysis of practical features.

scholarly journals On the organization of the work of regional offices of the Ministry of Internal Affairs of Russia and the Federal National Guard Troops Service connected with the collection of illegal guns, ammunition and other types of weapons from the public

2020 ◽  
pp. 40-51
Author(s):  
Vadim Igorevich Surgutskov ◽  
Ol'ga Sergeevna Goman
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
National Guard ◽  
Legal Regulation ◽  
Gun Control ◽  
Legal Analysis ◽  
Current State ◽  
The Social ◽  
General Scientific ◽  
Internal Affairs

The research object is the social relations in the sphere of gun control. The research subject is the federal legislation, regional laws and departmental regulations formalizing the jurisdiction of the Ministry of Internal Affairs and the National Guard Troops Service to collect illegal guns from the population on a remuneration basis. The purpose of the research is, based on the analysis of laws and law enforcement practice, to develop suggestions and recommendations aimed at the improvement of organization of the collection of illegal arms from the population on a remuneration basis. The research methodology is based on general scientific and specific research methods, such as the axiomatic, hypothetico-deductive, comparative-legal, historical-legal, system-structural, formal-logical, statistical and sociological methods. The authors consider the problems and carry out the critical analysis of the current state of the Russian legislation regulating the actions of law-enforcement (police) bodies aimed at the collection of illegal arms from the population on a remuneration basis. The authors carry out the historical and comparative-legal analysis of such activities in Russia and abroad; analyze regional laws aimed at the harmonization of social relations in the sphere under consideration; formulate the suggestions about the improvement of legal regulation of the collection of illegal guns from the population on a remuneration basis. The scientific novelty of the research consists in the fact that it is one of the first works published in the recent years offering the solution to legal and organizational problems faced by the Ministry of Internal Affairs and the National Guard Troops Service during the collection of illegal arms, guns and other weapons from the population.   

scholarly journals Reforming legislation in prevention of neglect and juvenile delinquency

2021 ◽  
Vol 108 ◽  
pp. 03005
Author(s):  
Elena Nikolayevna Ryabova ◽  
Leonid Ivanovich Savinov ◽  
Dmitrii Vladimirovich Bondarenko ◽  
Tatyana Vladimirovna Cherkasova
Keyword(s):  
Juvenile Delinquency ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Federal Law ◽  
Scientific Cognition ◽  
Rights Protection ◽  
Analysis And Synthesis ◽  
The Russian Federation

The article represents the results of the analysis of modern legal regulation of the system for prevention of neglect and juvenile delinquency in the Russian Federation and activity of commissions for juvenile affairs and juvenile rights protection as the main authority of that system. Relevance and immediacy of changes and reforming of legislation in the prevention of neglect and juvenile delinquency and areas of such activity are associated with the needs of the modern informational society. The authors analyze regulatory legal acts governing the activity of commissions for juvenile affairs and juvenile rights protection, proposals of executive authorities of constituents of the Russian Federation in the practicability of developing a concept of federal law on prevention of neglect and juvenile delinquency and rights’ protection and they characterize primary trends in the activity of this authority in order to define further perspectives of activity within the system of prevention of neglect and juvenile delinquency in Russia. Methodological support of the research are such methods of scientific cognition as analysis and synthesis, comparative-legal, formally legal, analysis of documents, legal modeling, survey, which allowed for a comprehensive approach to the research of this problem. The result of the research was reasoned conclusions on the practicability of reforming authorities and legal relations in the system of prevention of neglect and juvenile delinquency. Models are given for the modernization of commissions for juvenile affairs and juvenile rights protection. The results ensure conceptual basis and trends in the development of proposals for improvement of legal regulatory regulation of social relations in the prevention of asocial behavior and juvenile delinquency.

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