scholarly journals "Gender Game" on the Field of Russian Jurisprudence

2015 ◽  
Vol 5 (1) ◽  
pp. 380
Author(s):  
Tarusina Nadezhda Nikolaevna ◽  
Isaeva Elena Alexandrovna
Keyword(s):  
Social Relations ◽  
Active Role ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Main Study ◽  
Positive Discrimination ◽  
Russian Law ◽  
And Gender ◽  
Law And Legislation ◽  
International Instruments

Equality of opportunities is the most important aspect of the general principle of equality, which is currently, received almost universal acclaim. This is one of the most fundamental principles on which democratic society is based. It is enshrined in international instruments, national constitutions and laws. However, despite significant progress in this topic, there is inequality between men and women. The article presents main study areas of the theory and practice of jurisprudence in the context of gender - with an emphasis on gender studies in specific areas of legal science; the importance of gender in the mechanism of legal regulation of social relations in the constitutional, administrative, criminal, labor, and family law, since this factor plays a more active role in these branches of Russian law and legislation. The authors come consider that ideas and solutions concerning the legal regulation of relations with the gender element are contradictory it its basis; complex, not always justified, interaction rules and practices, that include positive discrimination and gender neutralization.

GAP IN THE LEGISLATION AND WAYS TO OVERCOME

2017 ◽  
Author(s):  
Olena Dashkovska ◽  
◽  
Vasily Demchenko ◽  
Vitalii Yavorskyi ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Norm ◽  
Private Law ◽  
Basic Principles ◽  
The Law ◽  
Law And Legislation

The article analyzes the concepts of "gaps in law" and "gaps in legislation", outlines the general features of these concepts, identifies the main causes of the emergence and existence of gaps in legislation and law. Emphasis is placed on the fact that gaps in the law take place in the legal regulation of only those social relations that have the character of legal. The main ways to eliminate and overcome gaps are considered, their differences are considered, it is concluded that gaps in law and legislation can be overcome by analogy of law and analogy of legislation. The main characteristics of the application of these means of overcoming gaps are determined. Attention is paid to the analogy of law as an exclusive means of legal influence. It is noted that by means of analogy the rights are not eliminated, but only gaps in the law are promptly overcome. It is concluded that it is used only when it is not possible to find such a legal norm. The analogy of the legislation is considered as a specific means of making a legally significant decision in case of gaps in the legislation relating to the specific case. The conclusion about the universality of such a method is made. The basic principles of application of analogy of legislation are stated. It is determined that the analogy of the law applies to relations that are not regulated by law, but should be in the field of legal regulation. It is emphasized that the analogy of legislation is used mainly by judicial bodies in their law enforcement acts, usually to clarify and supplement legislative provisions in the areas of legal regulation, which have gaps. It is noted that the analogy must comply with the fundamental principles of law. It is noted that the analogy of law, as well as the analogy of legislation, are inherent exclusively in private law areas of legal regulation. The article concludes that gaps in law and legislation can be overcome by analogy of law and analogy of legislation, respectively. Certain postulates of application of these means are defined.

scholarly journals The Position of the Artificial Intelligence Among the Elements of the Legal Relationship

2020 ◽  
Vol 1 (4) ◽  
pp. 74-83
Author(s):  
Anton A. Vasiliev ◽  
Yulia V. Pechatnova
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
New Technologies ◽  
Legal Regulation ◽  
Legal Services ◽  
Thought Processes ◽  
Scientific Discussion ◽  
Legal Relationship ◽  
Russian Law ◽  
Method Of Correlation

The development of artificial intelligence necessitates the legal regulation of social relations associated with the use of new technologies. Today, fragmented regulatory regulation is noted in Russian law, expressed, as the rule, in strategic documents in which artificial intelligence technologies are reflected as cross-cutting technologies that contribute to the development of the digital economy. The purpose of this work is to determine the place of artificial intelligence among the elements of legal relations, which is seen as necessary for building the model of legal regulation of artificial intelligence. The research methodology is based on the set of methods of scientific knowledge, including abstract logical, formal legal and the method of correlation analysis. The article analyzes approaches to determining the place of artificial intelligence in the structure of legal relations. The scientific discussion is that some authors attribute artificial intelligence to the variety of objects of legal regulation; other authors admit that it is possible to consider artificial intelligence as the specific subject of law. As the result of research, the authors come to the conclusion that today artificial intelligence should be classified as the type of objects of legal regulation. In conclusion, the work also evaluates the possibilities and measures of the participation of artificial intelligence in legal activities. The authors come to the conclusion that today the cognitive potential of artificial intelligence has not yet reached the level of development that allowed it to repeat the thought processes of the lawyer in resolving the legal dispute. At the same time, artificial intelligence has tremendous potential to become the irreplaceable technological “assistant” for the lawyer, contributing to the improvement of the quality and efficiency of legal services.

scholarly journals Juvenile Law: A Complex Branch in the Russian Law System

2021 ◽  
Vol 1 ◽  
pp. 3-5
Author(s):  
Lyubov A. Efimenko ◽  
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Single Subject ◽  
Law System ◽  
Target Sign ◽  
Legal Regimes ◽  
The Subject ◽  
Russian Law ◽  
A Minor ◽  
Mixed Nature

The article is devoted to a new complex branch of law — juvenile law. The article identifies the necessity and importance of the complex branch of juvenile law in the system of Russian law, reveals its structuring as a new branch of law. The article analyzes the subject and method of legal regulation of the complex branch of juvenile law. This is a kind of secondary legal formation, in which the original legal regimes and norms re-regulate a group of separate social relations connected by a single subject, and here there is a mixed nature of legal regulation. It is in order to effectively implement, protect, protect the rights and interests of a minor, to regulate legal relations with his participation, that the question is raised about the formation and development of a new branch of law, that is, a complex branch — juvenile law. Through this branch there is a connection of heterogeneous legal material on a subject and target sign, it is carried out.

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.

Law in the Epoch of Digital Transformation: in Search of Solutions

2018 ◽  
pp. 4-11
Keyword(s):  
Social Relations ◽  
Technology Development ◽  
Technological Development ◽  
Rapid Development ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Effi Ciency ◽  
Russian Law ◽  
Integrated Response ◽  
Digital Processes

Humanity is becoming increasingly dependent on technologies. Their rapid development and expansion requires prompt and integrated response of all public institutions and defi nes one of the main challenges facing the law. To overcome them law requires new theoretical and practical solutions that determine the principles and patterns of technology development and impact the effi ciency of law enforcement in conditions of the world’s digital transformation. The article discusses some of the issues and features of development of the Russian law in the context of digital economy development. New approaches to legal regulation and understanding of digital processes are proposed, in particular, in such fi elds as robotics and artifi cial intelligence. While noting the fact that legal regulation of digital relations keeps up with the current level of technological development, the author warns on unreasonable «hyper-regulation». In his opinion in this fi eld of legal regulation priority should be given to measures of encouragement rather than measures of direct regulation of social relations. In conclusion, the author provides justifi cation for a model of «breakthrough» regulation in Russia.

scholarly journals The principle of objective truth in law

2018 ◽  
Vol 55 ◽  
pp. 02011
Author(s):  
Natalia Embulaeva ◽  
Lyubov Ilnickaya
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Practical Significance ◽  
Law Enforcement Agencies ◽  
Philosophical Foundations ◽  
Objective Truth ◽  
The Russian Federation ◽  
Russian Law

The relevance of the study of the problems of truth in law is conditioned by the essential nature of man and his purposeful activity, including the sphere of legal regulation of social relations. At the present stage, the issue of securing the principle of truth in the norms of Russian law is not unambiguously resolved. In this regard, it seems relevant to investigate the issues of the legalization of truth and the mechanisms for its achievement in the conditions of application of measures of legal responsibility. The paper is devoted to the study of philosophical foundations of truth in law, the analysis of practical significance of obtaining truth in the procedural branches of law on the basis of analysis of the norms of the procedural legislation of the Russian Federation. Formal-legal and comparative-legal methods are used for a comprehensive analysis of procedural legislation and the implementation of the principle of objective truth in the legislation. With the use of the dialectical method, epistemological grounds and their significance for the implementation of law enforcement activities are revealed. The article reflects the views of researchers on the content of truth and the realization of the principle of objective truth in law. The conclusion is made that it is necessary to interpret the principle of objective truth as universal one, which must permeate not only the sphere of law enforcement, but also the formation of laws. A proposal is formulated on the need to separate and normatively fix the principle of objective truth in the procedural branches of law as an independent principle. Law enforcement agencies should strive achieving objective truth in the cases in question.

scholarly journals DEVELOPMENT AND CONSERVATION OF SOCIAL RELATIONS AS A MEANINGFUL RESULT OF LEGAL REGULATION

2021 ◽  
Vol 9 (4) ◽  
pp. 26-30
Author(s):  
David Davidov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Scientific Theory ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Social Regulation ◽  
Modern State ◽  
Meaningful Result

The article touches upon the problems of theory and practice of legal regulation. In a modern state, legal regulation is one of the most effective forms of social regulation. This determines the relevance of this topic. In turn, legal regulation should be based on a scientific theory – the theory of legal regulation, which, despite the attention paid to it by scientists, contains a number of controversial points, inaccuracies and errors. The author comes to the conclusion that the meaningful result of legal regulation can be both the development and conservation of public relations. In this context, we can talk about the relevant functions of law.

scholarly journals RELEVANT ISSUES OF LEGAL REGULATION OF THE INSTITUTE OF HEADMAN IN UKRAINE: THEORY AND PRACTICE

2021 ◽  
pp. 14-20
Author(s):  
M.M. Voronov
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Local Elections ◽  
Checks And Balances ◽  
Local Council ◽  
Definition Of ◽  
Two Stages ◽  
Selection Of

The article highlights the conceptual vision of the role and place of the headman in the system of local self-government in Ukraine, provides a comprehensive description of its formal and material criteria. The idea of ​​allocating two stages of legislative regulation of this institute is substantiated. The first stage: February 2015 - July 2020. The second stage: July 2020 - to the present. It is emphasized that in the current municipal legislation of Ukraine there are low legal gaps that do not allow to establish a transparent procedure for selection of candidates for the post of mayor, as well as a clear procedure for approval of the mayor at the session of the council. Attention is drawn to the fact that during this period the procedure for appointment to the position of headman has changed significantly - from direct elections to local elections to approval at a session of the local council on the proposals of the relevant chairman. Some dynamics of legal regulation of social relations of the institute of headmеn is due to attempts to find the optimal format of such an institution in the system of checks and balances in the quadrangle: villagers, settlements - council - the corresponding chairman - the headman. It is noted that the headman should be a true representative of the interests of residents in relations with the relevant chairman and representative body of local government. At the same time, among the topical issues of the legal status of the head should be the definition of his place in the structure of executive bodies of local self-government (I believe that it is necessary to leave a guaranteed place in the executive committee of the local council). Attention is drawn to the need to establish a clear and transparent procedure for selecting candidates for the post of headman. Clear criteria must be developed and approved for the objective selection of candidates and their public discussion before approval. Proposals are made that qualitative and quantitative criteria for the formation of headmеn`s districts should be enshrined in the current legislation of Ukraine. It is noted that special attention should be paid to the professional and personal qualities of headman, the process of its training and retraining, advanced training of headman as an effective representative of the interests of residents. Addressing such issues will contribute to the formation of a balanced system of local self-government in the village, town and city.

scholarly journals Природа нормативного массива в сфере информационных технологий и его место в системах российского права и законодательства (в аспекте процесса «цифровизации» права)

2021 ◽  
Vol 5 ◽  
pp. 177-189
Author(s):  
Валентина Рузанова ◽  
Keyword(s):  
Information Technology ◽  
Secondary Structure ◽  
Research Methodology ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Complex Composition ◽  
Russian Law ◽  
Law And Legislation ◽  
Further Development

Goal – the purpose of this research is to identify the nature of the normative array governing relations arising in connection with the introduction and use of information, including digital technologies, and to determine its place in the systems of Russian law and legislation. Research methodology – both general and particular methods of cognition were applied in the research: dialectical, systemic, intersectoral, etc. Score/results – the nature of the normative array in the field of information, including digital, technologies was revealed as a complex composition on the basis of the characteristics and range of regulated relations and its place was determined to be a secondary structure of law and an element of the legislative system. The author found that it is necessary to amend the legislation and to implement additional regulations of the new relationships. Originality/value – theoretical conclusions and proposals can be used for further development of doctrinal approaches to building a system of law and legislation in the field of information technology and improving legal regulation.

Review of Power/Gender: Social Relations in Theory and Practice.

1997 ◽  
Vol 42 (2) ◽  
pp. 171-171
Author(s):  
Lucia Albino Gilbert
Keyword(s):  
Social Relations ◽  
Theory And Practice
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