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.   

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

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 Legal Mechanisms for Digitalization of the Activities of Prosecution Authorities

2021 ◽  
Vol 93 ◽  
pp. 02018
Author(s):  
Anna Churikova ◽  
Nina Manova ◽  
Mikhail Lavnov
Keyword(s):  
Law Enforcement ◽  
Well Being ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
The Social ◽  
State And Society ◽  
General Scientific ◽  
Economic Well Being

Prosecution authorities in most countries act as guarantors of the legality and validity of criminal prosecution, thereby ensuring the social and economic well-being of the state and society. Outdated paper forms of interaction between prosecution authorities and other law enforcement agencies in criminal investigations overload the existing system and make it less effective. Using the main general scientific methods of cognition, the authors come to the conclusion that it is necessary to improve the legal regulation of the digitalization of the prosecution authorities. As a result of the study, three main tasks have been identified to which the digitalization of the activities of the prosecution authorities should be directed.

scholarly journals The history of the formation of notariat in Kostroma land

2019 ◽  
pp. 210-213
Author(s):  
Ivan N. Mel'nikov ◽  
Ol'ga A. Smirnova
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Local History ◽  
The State ◽  
Judicial Reform ◽  
Legal Analysis ◽  
Current State ◽  
History Of ◽  
History Of Law ◽  
State Archives

The article is devoted to the study of the process of formation of the institution of notaries in Kostroma land. The work identifi es the main stages of the development of the institution of notaries in the development of the state and the sources of legal regulation of this area of law enforcement. In the process of the historical and legal analysis, the peculiarities of the practical activity of notaries, refl ected in the documents which are stored in the holdings of the State Archives of Kostroma Region, are revealed. Particular attention is paid to the implementation of the judicial reform of 1864 and its role in the formation of the Russian notariat. The main purpose of the work was to assess the infl uence of historical experience on the current state of the institution of notaries, as well as to identify lost traditions in this area of jurisprudence. The results of this study may be of interest to specialists in the fi eld of history of law and local history.

THE SUBJECTIVE ASPECT OF TRANSPORT OFFENSES IN THE RUSSIAN LEGISLATION OF THE XVI–XIX CENTURIES

2021 ◽  
pp. 48-54
Author(s):  
A. N. Skvoznikov ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Personal Responsibility ◽  
Integral Characteristic ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Actual Process ◽  
Legal Analysis ◽  
Russian Law ◽  
Subjective Aspect

The constant need of researchers for the advanced study of the problems of guilt and responsibility is caused both by the tasks of improving legislation and law enforcement practice and the variability of people’s ideas about the grounds, limits, forms, and purposes of personal responsibility, and ideas reflecting the actual process of the historical development of social relations and the practice of their legal regulation. Using the methods of historical-legal and comparative-legal analysis, the author studied the activity of the legislator on distinguishing the intent and negligence as two forms of guilt when committing transport offenses, as well as differentiating between guilty infliction of harm and an incident. The author concluded that in the sources of Russian law of the 16th–19th centuries, the legislator strongly focuses on the internal (subjective) attitude of a person to a committed offense and its consequences, including transport offenses. The discovery and consideration of such signs of the subjective aspect of an act as guilt, motive, and purpose significantly influenced the act classification and the punishment appointment or led to release from liability due to the absence of the subjective aspect of an offense (guilt) as one of the elements of a crime. The study shows how the legislator considered the influence of a person’s subjective attitude to the committed act when establishing legal responsibility. The research indicates that a comprehensive understanding of guilt as an integral characteristic of a wrongful act, covering the relations between consciousness and will of a person both with the objective properties of own actions and its public assessment, began to develop in Russian law in the 17th century.

scholarly journals INVOLUNTARY ADMISSION TO HOSPITAL IN FOREIGN COUNTRIES: ADMINISTRATIVE AND JUDICIAL PROCEDURES

2020 ◽  
pp. 418-441
Author(s):  
A. A. Solovyev ◽  
◽  
Е. V. Aristov ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Involuntary Admission ◽  
Legal Analysis ◽  
Involuntary Hospitalization ◽  
Scientific Methods ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Judicial Procedures

Introduction: the article deals with the legal regulation of the involuntary admission procedures in different countries. Purpose: to study different administrative and judicial procedures that regulate the process of involuntary hospitalization and treatment through the instrumentality of court and other authorized bodies. Methods: the methodological framework of the research is represented by a group of general scientific methods: systematicity, analysis and synthesis, concretization. The principal private law method of the research is the comparative legal analysis. Results: the research has revealed the absence of a unified approach in legislation of different countries to the content of administrative and judicial procedures regulating the mechanism of involuntary hospitalization and medical treatment. The scope of administrative judicial procedures was found to differ in terms of legal regulation. The competency of administrative and judicial bodies in various countries with regard to the issues under study was defined. Conclusions: analysis of the relevant normative legal acts of various countries allows for a conclusion that different approaches in legal regulation make it possible not only to use different administrative and judicial procedures for involuntary admission but also to introduce different law enforcement acts, while not always by judicial and administrative bodies.

scholarly journals Legal aspects of exercising discretionary authority of the prosecutor

2021 ◽  
pp. 17-25
Author(s):  
Artem Aleksandrovich Kovalev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Special Contribution ◽  
Judicial Practice ◽  
The Social ◽  
Definition Of ◽  
Exercise Of Discretion ◽  
Discretionary Powers

The subject of this research is the materials of the prosecutorial, law enforcement and judicial practice, norms of procedural legislation and legislation on the prosecutor's office, which regulate social relations emerged in exercising discretionary powers by the prosecutor in the context of oversight activity over execution of laws by the entities under supervision, as well as the positions formed on this matter. The object of this research is the social relations that arise in exercising discretionary powers by the prosecutor in the context of his oversight activity over execution of laws by the entities under supervision, essence, principles and limits, as well as the problems of their implementation occurring in prosecutorial activity. The study of discretionary authority of government branches lately receives increasing attention due ti the fact that limitless exercise of such authorities can invoke corruptive behavior. Examination of the questions of legal regulation of discretionary authority of the prosecutor is of prime importance as the prosecutor's office oversights the execution of laws and observance of rights of the citizens. The existing legal constructs that allow the exercise of discretion by the prosecutor are far from perfect, which causes the problems of law enforcement and violations of rights of the subjects under supervision. Therefore, the author explored the views of the scholars on the possibility of application and the scope of discretionary authority in the work of the prosecutor’s office and other government branches, effective legislation that regulates the discretionary authority of the prosecutor along with the practical aspects of its use. The novelty of this work and the author’s special contribution consist in the fact that based on the obtained results, the author offers a definition of the discretionary authority of the prosecutor, principles and limits of their application, as well as the way the legal constructs involving such authority should be structured.

scholarly journals The problems of legal regulation of cryopreservation: the experience of the Russian Federation and the Republic of Tajikistan

2021 ◽  
pp. 48-57
Author(s):  
Anna Rolandovna Purge
Keyword(s):  
Assisted Reproductive Technology ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Reproductive Technology ◽  
Legal Analysis ◽  
The Social ◽  
The Russian Federation ◽  
The Republic

The object of this research is the social relations emerging with regards to cryopreservation procedure as one of the assisted reproductive technology, as well as the problems of legal regulation of such relations (based on the experience of the Russian Federation and the Republic of Tajikistan). The subject of this research is the legislative norms that regulate the cryopreservation procedure currently effective in Russia and Tajikistan; corresponding law enforcement practice; statistical data and publications of the official media sources. The scientific novelty consists in carrying out a comprehensive comparative legal analysis of the peculiarities of legislative regulation of cryopreservation procedure in different world’s countries (on the example of the Russian Federation and the Republic of Tajikistan), determination of the existing problem, and development of their possible solutions. The acquired results encompass the author’s original recommendations aimed at elimination of the detected problems of legal regulation of this method of assisted reproductive technology, which usually requires the development and adoption of the special normative legal act that would regulate the cryopreservation procedure in both, the Russian Federation and the Republic of Tajikistan.

scholarly journals Models of legal regulation of sales of personal weapons in foreign countries (on the example of the United States, Germany, and Japan)

2020 ◽  
pp. 39-51
Author(s):  
Oleg Ivanovich Beketov ◽  
Aleksei Davidovich Maile ◽  
Ol'ga Sergeevna Goman ◽  
Vadim Igorevich Surgutskov
Keyword(s):  
United States ◽  
Social Relations ◽  
Social Issues ◽  
The United States ◽  
Legal Regulation ◽  
Historical Experience ◽  
Current State ◽  
Foreign Countries ◽  
The Social ◽  
The Subject

The object of this research is the social relations established with regards to the sales of personal weapon in the United States, Japan, and Germany. The subject of this research is the legislation of the aforementioned countries, which regulates the sales of weapon for civilian population. The key goal lies in elaboration of the models of legal regulation of the sales of personal weapons based on the analysis of normative legal acts. The article reveals the peculiarities of establishment, development, and current state of legal regulation of sales of personal weapons abroad using the example of three countries – United States, Germany, and Japan. The scientific novelty of the conducted research consists in description of the three contrasting models of legal regulation of sales of personal weapons: liberal-permissive, prohibitory-paternalistic, and combinatory. The conclusion is made that the choice of the method of legal regulation of sales of personal weapons depends on the objective factors the country exists in, namely: social, political, cultural, ideological, religious, as well as historical experience of the country, regulation of domestic social issues, population mentality, presence or absence of the “war status”. There is yet no universal model for regulation of the sales of personal weapon. Most efficient implementation of the indicated models is possible only in case of the balanced consideration of all objective actors for each particular country.

scholarly journals FORENSIC ACTIVITY AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION

2020 ◽  
Vol 21 (1) ◽  
pp. 267-280
Author(s):  
I. Ovsiannykova
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
The Rule Of Law ◽  
The Social ◽  
European Standards ◽  
Stable Development ◽  
Society Today

Any society today is a system consisting of certain objects and entities that constantly interact with each other, it requires introducing an effective social and administrative mechanism that would timely regulate the social relations and norms of participants’ behavior of such relationships, maintain their organization, orderliness and stable development, contributing to proper regulatory order.   Observing the political steps of the Ukrainian government along the path of European standards, we can argue about the actualization of democratic values implementation and the establishment of an effective state power system, where the content and focus of the state determine human rights and freedoms.   Considering the above, the analysis of problematic issues arising during the study of the administrative regulation effectiveness of forensic activities is an urgent need today.   Based on the analysis of scientific sources and Ukrainian legislation, forensic activity in the article is considered as one of the administrative and legal regulation objects, the purpose of which is to establish the rule of law and strengthen institutions at all levels in the field of management in general and in law enforcement and judicial authorities in particular on the basis of the principle of human rights and fundamental freedoms respect. It should also be borne in mind that forensic science occupies a special place in implementation of the principle of rule of law and citizens’ rights and freedoms protection, since the effective functioning of the constitutional foundations of the entire human rights system of power in Ukraine largely depends on it. Thus, the current legislation of Ukraine, as part of the ongoing legal reform, should be aimed at enhancing the role and reassessing the importance of forensic examinations institution, without which investigation of the case cannot be effectively carried out and the crime solved.

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