scholarly journals Garnisaires in France during the Napoleonic Wars: regulation of repressive measures for maintaining conscription

2021 ◽  
pp. 291-301
Author(s):  
Mikhail Vladimirovich Krichevtsev
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Director General ◽  
Napoleonic Wars ◽  
Executive Orders ◽  
First Empire ◽  
The Government ◽  
Restrictive Measures ◽  
Napoleon I ◽  
Xix Century

The Institution of garnisaires was intended for providing lodging to bystanders in the homes of residents in order to comply with the requirements of the government. In France of the early XIX century, it was implemented as a repressive measure to ensure conscription of the recalcitrant. The article describes the legal regulation of the institution of garnisaires in conducting conscription in France of the period of the Consulship and the First Empire. The object of this research is the Institution of garnisaires in the early XIX century; while the changes in legal regulation of this institution throughout the ruling of the First Consul and Emperor Napoleon I. The article employs the normative legal acts of the early XIX century: imperial decrees, governmental acts, executive orders and instructions of the officials of the central and local administration; as well as contextual analysis of legal acts, comparative-historical, and chronological methods. Taking into account that the topic of legal regulation of the institution of garnisaires is poorly covered, the article comprehensively analyzes the content of the fundamental legal acts, determines the peculiarities of stern measures applied for maintaining conscription at different stages of the reign of Napoleon I. The conclusion is made that the legal regulation of the institution of garnisaires during the indicated period has evolved from the first attempts to establish the practice of lodgment as repression, initially not implying specific restrictions, to introduction of more balanced and detailed regulation of the institution with a range of restrictive measures. The formation of legal framework of the institution was completed by 1807–1808 with issuing of the decrees of the Emperor and instructions of the Director General of Military Conscription Jean-Girard Lacuée.

scholarly journals LEGAL REGULATION OF DIGITAL ECONOMY IN RUSSIA IN LIGHT OF FOREIGN ECONOMIC SANCTIONS AND RESTRICTIVE MEUSURES

2020 ◽  
pp. 185-192
Author(s):  
A. R. Ryazanova
Keyword(s):  
Digital Technologies ◽  
Economic Sanctions ◽  
Legal Framework ◽  
Legal Regulation ◽  
Digital Economy ◽  
National Market ◽  
Foreign Countries ◽  
The Usa ◽  
Legislative Amendments ◽  
Restrictive Measures

In this article, the author presents a study of the changes in legal regulation of the digital economy caused by the imposition of economic sanctions by the foreign states as well as the Russian Federation. The paper analyzes the restrictive measures imposed in the USA against Russian persons in the field of digital technology. The author concludes that the economic sanctions of foreign countries limit the ability to conduct foreign economic operations in the digital sphere both by Russian persons to foreign persons and vise versa. An analysis of the Russian legal framework for the imposition of restrictive measures and the latest legislative amendments, in particular with regards to the preinstallation requirement of the Russian software, showed that currently the measures introduced in Russia are aimed not at reducing the effect of foreign sanctions, but at developing a national market of digital technologies and decreasing the dependability level ofthe Russian economy on exported technologies in general. The author also highlights that it is necessary to assess the consequences of imposing prohibitions in the field of digital technologies and to consider introduction of more flexible measures of legal regulation upon the results of such assessment.

scholarly journals Legal framework for the use of artificial intelligence in India’s military sphere in the context of patent rights protection

2021 ◽  
Vol 7 (2) ◽  
pp. 671-690
Author(s):  
Ksenia Michailovna Belikova
Keyword(s):  
Artificial Intelligence ◽  
Scientific Information ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Leading Role ◽  
Law And Ethics ◽  
The Government ◽  
Role Of The Government ◽  
The Military

This article aims to examine India’s approaches to handling the items of ethics and legal regulation (framework) of the development and application and the use of artificial intelligence in the military sphere in the context of national acts, capabilities and needs of India. It was revealed that the country’s lag behind its neighbors (China, Pakistan) and recognized leaders in this area (USA, Israel) is a motive for formulating the concept of ensuring India’s military superiority based on AI as a force multiplier. It was revealed that the identified problems require a prompt solution based on the concerted joint efforts of the relevant interested parties with the leading role of the government. The theoretical and practical significance of the results obtained is determined by the fact that the readers will be provided with current scientific information about India’s approaches to the designated areas from the standpoint of law and ethics.

SOME ISSUES OF LEGAL REGULATION AND ORGANIZATION OF THE REGIME IN PENAL IN STITUTIONS IN CONDITIONS OF THE CORONAVIRUS INFECTION SPREAD (COVID-19)

2021 ◽  
pp. 131-136
Author(s):  
Сергей Евгеньевич Илюхин ◽  
Оганнес Давитович Мкртчян
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Correctional Institution ◽  
Closed Space ◽  
Penal Institutions ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
Restrictive Measures ◽  
Close Contacts

Распространение и выявление новой коронавирусной инфекции (COVID-2019) как на территории РФ, так и в структуре объектов УИС актуализирует необходимость трансформации средств обеспечения жизнедеятельности как всех субъектов права, так и в особенности подозреваемых, обвиняемых и осужденных. Доказано, что данная категория граждан находится в особо уязвимом положении с точки зрения подверженности заболевания коронавирусом по причине специфики режима отбывания наказаний, который предполагает замкнутость пространства. Введение мер ограничения, регламентированных Правительством РФ, конкретизируемых нормативно-правовыми актами ФСИН России и главного государственного санитарного врача ФСИН России, спровоцировали необходимость решения ряда вопросов, возникающих при реализации системы мероприятий по отбыванию осужденными наказаний в учреждениях УИС. Вышесказанное обуславливает важность и своевременность исследования, связанного и изучением проблем и дискуссионных положений, обуславливающих процесс исправления осужденных и предупреждения совершения ими новых преступлений через призму осуществления санитарно-противоэпидемических мер для предупреждения распространения коронавирусной инфекции. The spread and reveal of a new coronavirus infection (COVID-2019) both on the territory of the Russian Federation and in the structure of penal institutions have prompted us to talk about the need to transform the means of ensuring the life of all subjects of law, and especially suspects, accused and convicted. It is proved that this category of citizens is in a particularly vulnerable position in terms of exposure to coronavirus due to the specifics of the regime of serving sentences, which implies a closed space and close contacts of persons located on the territory of the correctional institution. The introduction of restrictive measures regulated by the Government of the Russian Federation, specified by regulatory legal acts of the Federal penitentiary service of Russia and the chief state sanitary doctor of the Federal penitentiary service of Russia, provoked the need to address a number of issues that arise in the implementation of the system of measures for serving sentences in penal institutions. The above explains the relevance of research related to the study of problems and controversial provisions that determine the process of correcting convicts and preventing them from committing new crimes through the prism of implementing sanitary and anti-epidemic measures to prevent the spread of coronavirus infection.

scholarly journals Foreign Direct Investment Restrictions: Legal Aspects in the Context of Eurasian Integration

2021 ◽  
Vol 14 (1) ◽  
pp. 44-54
Author(s):  
L. V. Tsareva
Keyword(s):  
Foreign Direct Investment ◽  
Direct Investment ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Freedom Of Establishment ◽  
Member States ◽  
National Priority ◽  
Restrictive Measures ◽  
And Control

The article outlines current trends in the legal regulation of foreign direct investment; analyzes the current approaches of EAEU member states to the restriction of foreign investment; systematizes the provisions of the Union law, which affect the adoption and application of national measures to restrict and control foreign direct investment; identifies the conceptual differences between EAEU law and EU law in regulating freedom of establishment. The aim of the research is to determine the degree of the EAEU law influence on the introduction by member states of restrictive measures against direct investment from member states. The author concludes that the legal framework for national measures to restrict FDI from member states is predetermined by the norms of the Union law on ensuring freedom of establishment as a form of investment, operated with individual and general exceptions, that allow to take the measures necessary to protect the national priority interests.

scholarly journals Exercising the Rights to the Results of Scientific and Technological Activities in the Context of the Implementation of the “Regulatory Guillotine” Mechanism: Legal and Technological Aspects

2021 ◽  
Vol 16 (1) ◽  
pp. 107-143
Author(s):  
Dmitry Kulikov ◽  
Anton Ishchenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Intellectual Activity ◽  
Legal Rules ◽  
Monitoring Tools ◽  
The Russian Federation ◽  
The Government ◽  
Rule Making

Introduction. When planning the implementation of the ‘regulatory guillotine’ mechanism in the field of intellectual property, the analysis of the current regulatory and legal framework of the Russian Federation in terms of exercising the rights to the results of scientific and technological activities within the purview of the Ministry of Science and Higher Education of the Russian Federation (which is the key authorised federal executive body in this area) becomes especially relevant. The goal of this research is to study the current regulation of the relations under consideration and prepare recommendations for its improvement. Monitoring Tools. The research employed the method of analysis, systemic and structural, functional, specific and sociological, formal and legal as well as technical and legal methods and the method of interpretation of legal rules. Results. The materials collected during the monitoring allows conducting a comprehensive analysis of the system of legal regulation of issues related to exercising the rights to the results of scientific and technological activities. This research can be used to optimise the system for managing the rights to the results of scientific and technological activities. Conclusion. Based on the results of this work, it can be concluded that the national legislation of the Russian Federation in this area is very diverse and includes acts of federal legislation, decrees of the Government of the Russian Federation regulating more specific public relations as well as acts of ministerial rule-making that approve, among other things, methodological recommendations on certain issues. Similarities between the legal acts regulating the inventory of the results of scientific and technical activities were identified, resulting in the formulation of proposals for the consolidation of such acts. There is also the undeniable advantage that the rules are focused on bringing the results of intellectual activity as far as possible into the economic realm for commercialisation and practical application. It can be concluded that the issues of improving the legal regulation of the commercialisation of the results of intellectual activity may become the subject of additional research.

scholarly journals Normative legal regulation of land relations of Kuban Cossacks in the XIX century

2020 ◽  
pp. 133-144
Author(s):  
Irina Mikhailovna Fedina
Keyword(s):  
Land Use ◽  
Legal Regulation ◽  
Local History ◽  
Land Distribution ◽  
Scientific Principles ◽  
Land Relations ◽  
Long Time ◽  
General Scientific ◽  
Restrictive Measures ◽  
Xix Century

The subject of this research is the land relations of Kuban Cossacks viewed through the prism of normative legal institutionalization. Special attention is given to the problem of land use of kuren and stanitsa farm settlements. The author examines the peculiarities of land use of Black Sea and Line Cossacks, questions of population and development of Kuban in the XIX century. Methodological platform is comprised of the general scientific principles of historicism, objectivity, alternativeness and systematicity, which gives a comprehensive perspective upon the problem of land use of Cossack settlements and reconstructs a holistic historical picture of research. Self-containment of land relations of Kuban Cossacks remained a phenomenon of local history for a long time, and is yet to be examined in modern Russian historiography. The following conclusions were made: 1) free use of land in Kuban in the late XVIII – early XIX centuries was gradually replaced by more restrictive measures for normative regulation of land relations; 2) practice of permissive type of legal regulation developed into the replotting system of land distribution in Kuban Cossack Army chronologically define reallotment of land; 3) initial restrictions in multiple Cossack communities with regards to  the use of wild lands spread onto the use of any land, and crop lands became the first category in allocation of lands in Kuban.

scholarly journals Covid-19 crisis in Italy. Fundamental rights and freedoms: the price to pay for human health?

2020 ◽  
pp. 157-181
Author(s):  
Pablo Sebastián Cejas Romanelli
Keyword(s):  
Human Health ◽  
Legal Framework ◽  
Fundamental Rights ◽  
The Novel ◽  
Interpersonal Contact ◽  
The Government ◽  
Novel Coronavirus ◽  
Fundamental Rights And Freedoms ◽  
Restrictive Measures

The results of the appearance of the novel coronavirus meant for many States, the application of restrictive measures of constitutionally protected rights and freedoms, with the aim -preliminarily- of protecting the health and integrity of people. Thus, a real “emergency legal framework” was created, with restrictions on interpersonal contact, and other daily situations in the life of any society. Italy stood out for being the first country where COVID-19 attacked with particular virulence. The first steps of the government at the end of January 2020 were aimed at preventing the entry of people from China, and soon after, put in place much more restrictive measures as the number of deceased patients increased. However, to some extent, all the imposed restrictions seemed to have been a price to be paid in order to protect human health.   Los resultados de la aparición del novel coronavirus significó para muchos Estados, la aplicación de medidas restrictivas de derechos y libertades constitucionalmente tutelados, con el objeto -preliminarmente- de proteger la salud e integridad de las personas. Así, se dio paso a la creación de un verdadero “sistema jurídico de emergencia”, con restricciones al contacto interpersonal, situaciones por demás cotidianas en la vida de cualquier sociedad. Italia se destacó por ser el primer país donde el COVID-19 atacó con particular virulencia. Los primeros pasos del gobierno a finales de enero de 2020 tuvieron el objetivo de impedir el ingreso de personas provenientes de China, para poco después disponer medidas mucho más restrictivas a medida que el número de pacientes fallecidos aumentaba. Sin embargo, en algún punto, las restricciones impuestas se presentan como el precio que se debió pagar a cambio de la salud humana.

scholarly journals Modern Problems of Legal Regulation to Mitigate Threats to the Population and Business Consequences of the COVID-19 Coronavirus Pandemic

JURIST ◽  
2020 ◽  
Vol 11 ◽  
pp. 69-74
Author(s):  
M.A. Egorova ◽  
◽  
А. Duflot ◽  
Yu.G. Shpakovskii ◽  
◽  
...  
Keyword(s):  
Public Administration ◽  
Large Scale ◽  
Emergency Situation ◽  
Legal Regulation ◽  
Administration System ◽  
Emergency Situations ◽  
Support Measures ◽  
The Russian Federation ◽  
The Government ◽  
Restrictive Measures

The problem of studying the problems of improving legal mechanisms for protecting public health and supporting business in the context of the COVID-19 coronavirus pandemic is very relevant. The pandemic has raised questions for several governments not only about the effectiveness of the health system, but also about the performance of the entire public administration system. Some aspects of possible legislation reform in the field of public protection and business support in emergency situations caused by the spread of dangerous infectious diseases are investigated. The article summarizes and analyzes the main provisions of the documents regulating the introduction of restrictive measures for the population during the coronavirus pandemic. It is shown that in the conditions of a pandemic, the population and small and medium-sized businesses could expect to be compensated for part of the damage on the basis of the decree of the Government of the Russian Federation No. 1928 of December 28, 2019 on the rules of transfer in emergency situations. The authors believe that in reality, when an emergency situation was introduced in Russia, the victims could be automatically provided with minimal payments and transfers. The authors of the article showed that the pandemic has increased society's dependence on digital technologies. The authors reviewed the experience of France, where the government has taken several large-scale and immediate support measures to help overcome the difficulties for small and medium-sized businesses that are most affected by the pandemic. The article is aimed at developing legal mechanisms to mitigate the threat to the population and business consequences of possible global disasters.

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

PROSPECTS FOR THE DEVELOPMENT OF THE LEGAL MECHANISM FOR THE FUNCTIONING OF PAYMENT SYSTEMS

2020 ◽  
Vol 13 (3) ◽  
pp. 079-084
Author(s):  
ELIZAVETA SALINA ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Payment System ◽  
State University ◽  
Payment Systems ◽  
Proper Functioning ◽  
Money Transfer ◽  
Level Of Significance ◽  
Transfer Services ◽  
Legal Mechanism

1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.

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