scholarly journals Legal Convergence as a Trend of Global Legal development. Review of the Monograph: Bezborodov Yu.S. “Methods and Forms of Legal Convergence in International Law”. Moscow, Prospect, 2020. 240 p. (in Russian).

2020 ◽  
pp. 145-153
Author(s):  
R. M. Khalafyan
Keyword(s):  
International Law ◽  
Methodological Approach ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Phase ◽  
Legal Systems ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Social Phenomena ◽  
Scientific Methods

INTRODUCTION. The review reflects the specifics of the methodological approach, implemented by Yu.S. Bezborodov in the analysis of the current phase of interaction between national legal systems and international law. Reference is made to the creation of a new conception that employs the notion of legal convergence to reveal the mechanism of getting national legal systems affinitive to each other. Attention is drawn to the content of legal convergence, the reasons for its dissemination, the link with international law as well as the correlation of convergence with related categories – globalization, universalization, sovereignty, etc. The author’s views on the interrelation between sovereignty and supranationality, universalization and localization as conditions of functioning of international law, constituting the predominant basis of convergence of national legal systems, are presented. The evaluation is given to the author’s position concerning the methods of legal convergence, in particular international legal integration. The emphasis is given to correlation of the presented forms of legal convergence. It is pointed out that comparative and legal analysis of integration in different regions of the world, including in the post-Soviet space, is important for understanding the current results of legal convergence.MATERIALS AND METHODS. The study is based on the conclusions and approaches formulated in the peer-reviewed monograph as well as the materials of the domestic and international legal doctrine on the subject-matter concerned. In writing the review the author used general and special scientific methods.RESEARCH RESULTS. The convergence of national legal systems and international law is influenced by different processes either inherent to the mechanism of international legal regulation or extraneous to it. They are distinguished by their considerable specificity and varied character. However, they do not impede legal convergence to be realized through various forms and methods.DISCUSSION AND CONCLUSIONS. The review of the scientific work led to the following conclusions: a) the author managed to present his own non-contradictory conception of convergence of national legal systems and demonstrate its connection with a number of current social phenomena; b) the monograph provides convincing arguments for the proposed forms and methods of legal convergence; c) the comparative legal characteristics of the regional international integration organizations are detailed and allows to form quite complete and correct comprehension of them. In addition, the review outlines a number of issues interesting for further discussion.

scholarly journals INTERACTIONS OF LEGAL SYSTEMS: MODERN INTERNATIONAL LEGAL DISCOURSES

2018 ◽  
pp. 109-121 ◽  
Author(s):  
VLADISLAV TOLSTYKH ◽  
YURY BEZBORODOV ◽  
LEV LAZUTIN ◽  
YAROSLAV KOZHEUROV
Keyword(s):  
International Law ◽  
International Security ◽  
Legal Regulation ◽  
Security System ◽  
Legal Systems ◽  
Legal Analysis ◽  
Internet Technologies ◽  
Legal Discourses ◽  
International Responsibility ◽  
Legal Integration

Introduction: the article deals with the doctrine of modern international law, international legal integration, international security and international responsibility. The aim – to study the development of international law and the interaction of legal systems. Methods: comparative legal, formal-legal. Analysis: there are new forms of expressing scientific positions along with traditional forms. It is connected with Internet technologies. The language of discussion of scientific issues is English now. More attention is paid to scientific and practical problems, less to theoretical ones. There are changes in the methodologies of international law, it becomes a «technology», a process of mechanistic challenge, selection, connection and presentation of a limited set of arguments. International law is a universal means to bring together national legal systems. Results: It is concluded that the doctrine of international law is not holistic now. The legal convergence is the process of convergence of various legal systems and models of legal regulation by international legal means. More over, there is no effective security system both at the universal or regional levels. International responsibility is developing. Its content is being updated at the expense of WTO law.

scholarly journals The Problem of Determining the System of Private Law and the Model Law «On Entrepreneurship»

2017 ◽  
Vol 4 (4) ◽  
pp. 13-19
Author(s):  
A A Bogustov
Keyword(s):  
Legal Regulation ◽  
Private Law ◽  
Legal Systems ◽  
Business Law ◽  
Legal Doctrine ◽  
Scientific Methods ◽  
Positive Law ◽  
Analysis And Synthesis ◽  
Model Law ◽  
Harmonization Of Law

The article examines the problems caused by the adoption of a Model law on entrepreneurship. The consequences of the possible inclusion this statute in national legal systems are analyzed. The common and private methods of scientific knowledge are put in a basis of research. At a spelling of work such general scientific methods of research, as supervision, the description, a method of the analysis and synthesis, an induction and deduction, and as methods of rather comparative-law and historical-law research were used. It is concluded that the Model Law on Entrepreneurship, which seeks to introduce the dualism of private law in the national legal systems of the post-Soviet countries, is not only unable to make legal regulation of economic activity more effective, but also to create new problems in this area. They are in the delineation of civil and business law, the impossibility of clearly establishing the boundaries of their actions, duplicating the legal material. In addition, there arise the question of the need to adopt certain model laws both in terms of their practical influence on the development of positive law and the improvement of legal doctrine. Inadequate scientific justification of the recommendations may lead to the rejection of their national legislators and the impracticability of the harmonization of law in the post-Soviet space.

Dynamics of the regulatory function of Ukrainian lawin the context of European and international legal harmonization

2021 ◽  
pp. 49-56
Author(s):  
Roman Zvarych ◽  
Bohdan Hryvnak
Keyword(s):  
International Law ◽  
European Integration ◽  
Practical Significance ◽  
Regulatory Function ◽  
Scientific Article ◽  
Legal Systems ◽  
Legal Analysis ◽  
Council Of Europe ◽  
European Union Law ◽  
Legal Harmonization

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.

scholarly journals ARMED CONFLICT IN THE SOUTH-EAST OF UKRAINE: LEGAL QUALIFI-CATIONS AND CONSEQUENCES

2019 ◽  
Vol 23 (3) ◽  
pp. 394-412
Author(s):  
Petr P. Kremnev
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Forces ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
Legal Analysis ◽  
The South ◽  
Legal Doctrine ◽  
Legal Norms ◽  
Legal Consequences

Unconstitutional change of power in Ukraine as a result of the "Maidan revolution" in February 2014, with the subsequent power grab by Ukrainian radicals of local authorities under nationalist slogans, led to the establishment of control over parts of the territory of Donetsk and Lugansk regions by Donbass militias, and then to the ongoing fighting between the armed formations of the latter with units of the regular armed forces of Ukraine. The purpose of this publication is to establish the form of the armed conflict and its legal consequences from the standpoint of current international law, which has not yet found proper legal analysis and coverage in either domestic or foreign (including Ukrainian) legal doctrinе. In official statements and legislative acts of Ukraine, this conflict is declared as a "state of war with Russia", "aggression of Russia", and the Ukrainian doctrine of international law almost unanimously declares the need to apply to the conflict the norms of international humanitarian law and qualifies it as an international armed conflict. In this publication, on the basis of the analysis of existing international legal norms and legal doctrine, the qualification of existing forms of armed conflicts is carried out: war, international armed conflict, non-international armed conflict, internationalized armed conflict. This examines the legal consequences (or otherwise the obligations of the parties to the conflict) that are caused by each form of such armed conflict, that is concealed and ignored by the Ukrainian side. On the basis of the theoretical and legal analysis of the UN Charter, the relevant provisions of the Geneva conventions on the protection of victims of war of 1949 and Additional protocols I and II of 1977, the author qualifies the situation in the South-East of Ukraine as a non-international armed conflict and the obligation to comply with applicable legal norms by all parties to the conflict. At the same time, the author comes to the conclusion about the insolvency of the claims about the applicability of the rules governing other mentioned forms of armed conflicts.

scholarly journals Blockchain technology in tax law theory and tax administration

2021 ◽  
Vol 25 (3) ◽  
pp. 693-710
Author(s):  
Olga I. Lyutova ◽  
Irina D. Fialkovskaya
Keyword(s):  
Practical Implication ◽  
Legal Regulation ◽  
Tax Law ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Tax Legislation ◽  
Blockchain Technology ◽  
Definition Of ◽  
Active Implementation ◽  
Tax Reporting

The article is devoted to the problems of improving the tax legislation of Russia at the stage of active implementation of blockchain technology, which is characterized by contradictory trends in the legal regulation of digital technologies. The relevance of the study of application of blockchain in tax relations is due to the need to assess the tax consequences of transactions using digital financial assets, as well as emergence of new directions for improving tax control based on blockchain technology. The purpose of the study is to analyze the provisions of Russian and foreign tax legislation, as well as doctrinal sources on improving legal regulation of tax relations in regard to blockchain technology. The study shows efficacy of the blockchain analysis for the purposes of tax and legal regulation carried out by developing concepts related to applying such technological solution as a tool in conducting cryptocurrency transactions. The theoretical significance of the study lies in the authors definition of the concept of blockchain technology for tax purposes, as well as in proving the value of legal regulation of tax relations applying blockchain. The practical implication is connected with voicing the need to develop legal regulation of applying blockchain technology when creating a system of transactional (automatic) taxation and levying the so-called smart taxes while fulfilling tax obligations in the context of introducing a goods traceability mechanism. This will also contribute to minimizing tax reporting. The research methodology are general and private scientific methods of knowledge: formal-legal, analysis, comparative-legal, and forecasting and modeling. The last two are often applied in tax law in light of digitalization and globalization.

scholarly journals Russian legislation on public control

2021 ◽  
Vol 7 (1) ◽  
pp. 374-382
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
Evgeny Sergeevich Streltsov ◽  
Aleksandra Alekseevna Milkova ◽  
...  
Keyword(s):  
Civil Society ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Control ◽  
The Russian Federation ◽  
Legal Mechanism

This article is devoted to constitutional legal analysis of international legal bases of the legislation of the Russian Federation on public control. The work substantiates the position that to understand the constitutional legal mechanism of public control in Russia it is necessary to study the international legal framework of control of civil society over public authority in connection with the implementation of generally recognized principles and norms of international law in the legal system of the Russian Federation as a priority the rules of the legal regulation under Part 4 of Article 15 of the Constitution.

scholarly journals Influence of the Yalta Conference on the Development of Modern International Law

2021 ◽  
pp. 394-423
Author(s):  
N. A. Cherniadeva ◽  
◽  
Yu. V. Vasilyeva ◽  
Keyword(s):  
International Law ◽  
Legal Analysis ◽  
Important Place ◽  
Scientific Methods ◽  
International Legal Order ◽  
Legal Foundations ◽  
General Scientific ◽  
The Creation ◽  
Final Agreement

Introduction: the article analyzes the contribution of the Yalta conference of 1945 to the formation of the modern international legal system. We believe that the role the decisions taken at this conference played in the formation of current international law is significantly underestimated these days. The purpose of this article was to identify the elements of modern international law the formation and development of which were influenced by the Yalta Conference. For this, the following objectives were set and consistently accomplished in the course of research: to determine the role of international conferences as mechanisms for the development of international law; to identify the features of the Yalta conference; to study international legal decisions that were made during the Yalta conference. Methods: we applied general scientific methods of analysis, synthesis, interpretation, formal logic. In connection with the study of historical aspects of international legal science, the method of historical and legal analysis played a significant role. Of the specialized legal methodological tools used in the preparation of the article, we note the methods of formal legal analysis and legal modeling. Results: the article proves that the Yalta conference laid the legal foundations for new significant international legal regulations. We consider the following to be the main international legal achievements of Yalta-1945: final agreement on the creation of the UN; the creation of a completely new mechanism of international legal governance – the UN Security Council; participation in the formation of a new system of sources of international law; participation in the development of the basis of new international law; participation in the formation of a number of new branches of international law. Conclusions: the Yalta Conference marks the end of one era and the beginning of a new one, in which the UN will occupy the most important place in the system of management of international legal relations. Many decisions made in Yalta concerned the future of the international legal order, and not just the resolution of the geopolitical issues of the Second World War at its last stage.

WAIVER OF SUBJECTIVE RIGHT INSTITUTE: LEGAL NATURE AND ACCEPTANCE CRITERIA IN CRIMINAL PROCEEDINGS

2020 ◽  
pp. 42-47
Author(s):  
I. N. Chebotareva ◽  
◽  
O. S. Pashutina ◽  
I. V. Revina ◽  
◽  
...  
Keyword(s):  
Back Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Interest ◽  
Criminal Proceedings ◽  
Legal Doctrine ◽  
Legal Nature ◽  
The Look ◽  
Definition Of ◽  
The Right

The nature of a subjective right causes the possibility of a criminal proceedings participant willingly, based on own interests and wishes, both to exercise the right exactly and waive it and not to use the provided procedural possibilities. Within the criminal proceedings, the waiver of the right institute is new, underdeveloped. There is practically no understanding of its subject matter and the extent of its exercise at the level of doctrine and jurisprudence as opposed to the foreign experience and civil legal regulation, which causes definite scientific interest in this topic. The paper carries out the look-back analysis of the definition of the nature of the waiver of the subjective right in Russian legal doctrine. This institute is relatively new and little researched in the Russian doctrine, which determines a particular scientific interest in the study of this issue. The paper provides the authors’ description of the waiver of the subjective right. In respect to the Russian criminal procedural legislation, the authors highlight the necessity to distinguish between the refusal of a right and the refusal to exercise a right by the participants in the criminal procedural activity; analyze the differentiated approach of the legislator on this issue. Based on the theoretical and legal analysis, the authors define that the waiver of the subjective right has definite essential features, forms, and ways of implementation, as well as specify the criteria for its admissibility. The paper proves the conclusion that the waiver of the right within the criminal process is possible under such conditions, as the direct willingness of a subject of criminal law relations to waive a right; the awareness of the existence of a particular procedural right and the consequences of such refusal; the form of a waiver showing its voluntary nature by implementing the intended freedom of choice. The authors expressed the proposals aimed at the improvement of norms of current criminal procedural legislation.

scholarly journals THE RIGHT TO ACCESS TO CULTURAL VALUES: A COMPARATIVE-LEGAL ANALYSIS OF FOREIGN LEGISLATION

2017 ◽  
Vol 3 (4) ◽  
pp. 81-86
Author(s):  
Дмитрий Жуков ◽  
Dmitriy Zhukov
Keyword(s):  
Civil Rights ◽  
International Law ◽  
Cultural Values ◽  
Scientific Work ◽  
European Countries ◽  
Legal Analysis ◽  
Cultural Rights ◽  
The World ◽  
Cis Countries ◽  
The Right

The article is devoted to consideration of the concept of “cultural values”, the ambivalent interpretation in international legal acts and reception into laws of various states. Culture has always been and continues to be the most important line of activity of a state which is closely connected with the state of the spiritual sphere of the society’s life. The cultural rights form an independent section of rights and relate, in historic terms, to the so-called “second generation rights”, along with economic and social rights. Since the last half of the XX century, introducing of cultural rights into the category of constitutionally vested becomes one of the distinguished features of law making development in many countries of the world. The article aims to demonstrate development of the concept of “universal heritage of humanity” and its globalization in the modern international law. It has been observed in the article that, despite different attitudes to the concept of “cultural values”, the mentioned category acquires an attribute of “universal significance” for the world culture in general. The author also sets a target to disclose the concept of “rights for access to cultural values” through the example of reviewing laws of former CIS countries and a number of Western European countries. The article draws attention to the fact that regulatory acts of European countries do not contain direct provisions of rights for access to cultural values as a complex of legal institutions; however, a number of laws contain certain elements of this right. In his article the author also considers the provision of interdetermination of the right for access to cultural values with right of dignified life. The dialectic, systematic, legal comparative, normative and other methods of obtaining knowledge were taken as a methodological basis of this scientific work. On basis of the reviewed material, the author comes to a conclusion that the international law establishes universal human and civil rights and freedoms in scope of cultural rights and determines their content. Each state should not only provide details in national law but also ensure their practical realization in order to save and rationally use its cultural heritage.

scholarly journals JUDICIAL CONTROL IN ENSURING THE LEGALITY AND VALIDITY OF DECISIONS TAKEN BY OPERATIONAL UNITS OF INTERNAL AFFAIRS BODIES

2020 ◽  
Vol 24 (2) ◽  
pp. 389-409
Author(s):  
Dmitriy A. Babichev
Keyword(s):  
Scientific Work ◽  
Legal Analysis ◽  
Federal Law ◽  
Search Activity ◽  
Scientific Methods ◽  
Judicial Control ◽  
Judicial Practice ◽  
Legal Literature ◽  
Internal Affairs ◽  
Operational Unit

The article examines the features of judicial control in ensuring the legality and va- lidity of decisions made by operational units of internal affairs bodies. The relevance of the work is determined by an attempt to improve the legal mechanisms for the implementation of judicial control in the above-mentioned area based on the study of judicial practice, as well as legal conflicts and gaps in the current operational search legislation. The subject of the study is the system of control powers of the court: 1) verification of the legality and validity of decisions of the operational unit to conduct certain operational search activities by granting permission to the court to conduct them; 2) checking the legality and validity of decisions of the operational unit to conduct certain operational search activities according to their urgent (emergent) conduct; 3) checking the legality and validity of decisions of the operational unit to carry out operational search activities on citizens' complaints. The purpose of this work is to study the essential characteristics of the control powers of the court in ensuring the legality and validity of decisions made by operational divisions of internal affairs bodies. The methodology of the research is based on the General scientific dialectical method of cognition and the scientific methods that follow from it: system, logical, comparative legal analysis, statistical, special legal, and others. The theoretical basis of the research rests on the scientific works of V. V. Abramochkin, V. A. Azarov, Yu. M. Groshevii, S. V. Eskov, N. S. Zheleznyak, V. I. Ivanov, Ch.M. Ismailov, N. A. Kolokolov, E. L. Nkitin, I. A. Odnoshevin, R. H. Rakhimzoda, A. I. Tambovtsev, A. N. Khalikov, I. D. Shatokhin and other authoritative scientists who have made a significant contribution to the solution of doctrinal and applied problems of judicial control in the field of operational search activity. As a result of scientific analysis of judicial practice and legal literature, the author proposes a number of legal tools that affect the court's assessment of the legality and validity of operational search decisions on conducting intrusive OSM, and identifies legal conflicts that require delicate study and technical elimination. In addition, it is argued that amendments to the provisions of the Federal Law On Operational Search Activities aimed at preempting precedents for recognizing evidence obtained during the OSM in cases that cant be delayed and may lead to a serious or particularly serious crime are unacceptable. The results of the study can be used in law enforcement practice of subjects of operational search activity, judges, authorized prosecutors, as well as in scientific work when analyzing problems of judicial control in the field of operational search activity.

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