PLACE OF JUDICIAL PRECEDENT IN THE LEGAL SYSTEM OF THE RUSSIAN FEDERATION

Globus ◽  
2020 ◽  
Author(s):  
Marina Sharifovna Kiyan ◽  
Viktoriya Valerevna Klimentenko
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Case Law ◽  
Major Focus ◽  
Legal Study ◽  
Theoretical Approaches ◽  
The Russian Federation

This article discusses a comprehensive theoretical and legal study of the place of case law in the system of sources of law of the Russian Federation. The major focus is devoted to the analysis of various theoretical approaches and court acts that allow to determine the role of case law in the Russian legal system. The conclusion is made that it is necessary to define legally the role of case law and determine its place in the Russian legal system

scholarly journals THE THEORETICAL ASPECTS OF THE STUDYING OF THE PROBLEM OF THE SETTLING THE “FROZEN CONFLICTS” IN THE POST-SOVIET AREA

2018 ◽  
pp. 4-16
Author(s):  
M. Doroshko ◽  
O. Alexeichenko ◽  
I. Voloshenko
Keyword(s):  
Russian Federation ◽  
Global Security ◽  
Theoretical Approaches ◽  
Scientific Schools ◽  
Soviet Space ◽  
The Russian Federation ◽  
Frozen Conflict ◽  
Post Soviet Space

The article is devoted to the analysis of such threats of regional and global security as "frozen conflicts", and the approaches of their settlement in the post-Soviet space. The aggressive policy of the Russian Federation in relation with Ukraine, actualize this topic, because there is a threat of appearance a similar conflict on the territory of Ukraine. The paper analyzes the theoretical approaches to the research of "frozen" and ethnopolitical conflicts by domestic (G.Perepelitsa, O.Kartunov, A.Kisse, V.Kotygorenko) and foreign (R. Bruebooker, E. Hobsbawm, R.Dahrendorf, J. Rothschild, E. Smith) scientists. Considerable attention is paid to the study of the understanding of such conflicts by russian scientists (M. Lebedeva, A. Zdravomyslov, A. Tsigankov). The paper determined the main reasons and preconditions of interethnic contradictions on the post-Soviet area. Also determined the main approaches to the category of "frozen conflict" and their peculiarities in the region. The process of resolving such conflicts and their mechanisms, proposed by different scientific schools, is thoroughly studied. In the paper is determined the role of mediation in resolving conflicts of this kind.

The Law and Politics of the Maritime Boundary Delimitations of the Russian Federation: Part 1

1996 ◽  
Vol 11 (4) ◽  
pp. 533-569 ◽  
Author(s):  
Alex G. Oude Elferink
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Case Law ◽  
Customary International Law ◽  
Law And Politics ◽  
Maritime Boundary ◽  
The Russian Federation ◽  
Bilateral Negotiations ◽  
General Aspects

AbstractThe maritime zones of Russian Federation overlap with those of 12 neighbouring states. The practice of the Russian Federation concerning the delimitation of the boundaries of these zones provides an interesting opportunity to analyse the role of international law in the policy of a state in this respect, especially because bilateral negotiations of the Russian Federation have raised complex issues of law and fact. The analysis suggests that international law may influence the policy of a state regarding the delimitation of its maritime zones in different, albeit limited, ways. The role of international law in bilateral negotiations supports the conclusions the case law has reached on the significance of bilateral delimitation treaties for the formation of customary international law. This first part of the article provides an outline of the contents of maritime delimitation law, and analyses general aspects of the Russian Federation's practice concerning the boundaries of its maritime zones and the delimitations with Estonia, Finland, Georgia, Japan, Lithuania, North Korea, Poland, Romania, Sweden, Turkey and Ukraine.

International Recommendatory Instruments in the Russian Legal System: Limits and Possibilities of Application

10.12737/7547 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Анна Каширкина ◽  
Anna Kashirkina ◽  
Андрей Морозов ◽  
Andrey Morozov
Keyword(s):  
International Relations ◽  
Russian Federation ◽  
International Organizations ◽  
Legal System ◽  
Scientific Article ◽  
Effective Mechanism ◽  
National Interests ◽  
International Recommendation ◽  
The Russian Federation

In the scientific article discusses issues related to the nature, the main characteristics and features of international acts of recommendation. Analyzes the legal problems arising from the application of international recommendation acts in contemporary international relations. Explores the role of international organizations in the development of various acts of recommendation. Substantiates the growing influence of international acts on the recommendation of the legal system, including the Russian Federation. Contains proposals for the establishment of an effective mechanism for the use of international acts of recommendation, taking into account the legal system of the Russian Federation, its constitutional principles and the protection of national interests.

scholarly journals Notes as a method of legislative technique and their importance for regulation of the institution of conviction record

2021 ◽  
pp. 36-49
Author(s):  
Mariya Andreevna Malimonova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the criminal law provisions on notes as a component of legislative technique and their importance for achieving such goals. The author explores the existing approaches towards the definition of the concept and essence of notes, as well as their classification. Special attention is given to the only note from the General Part of the Criminal Code of the Russian Federation – note to Article 73, which pertains to the institution of conviction record. The goal of this work is to determine the essence and importance of the note for the development of criminal law norms dedicated to the institution of conviction record. The methodological framework of this research is comprised on the general scientific methods (analysis, synthesis, comparison), formal-legal and systematic methods, as well as the relevant case law. As a result, the author formulates the definition of the concept of notes, indicates its correlation with the criminal law norm, lists the basic types of notes used in criminal law, and describes their role. The analysis of the provisions of the Article 73 of the Criminal Code of the Russian Federation and the notes to the Article 73 revealed the new problems in legislative regulation of suspended sentence and conviction records, which prompted the author to explore these issues and offer solutions. Clarification is given to the definition of “convicts” provided in the Paragraphs “a” and “a.1” of the Part 1 of the Article 73 of the Criminal Code of the Russian Federation. Substantiation is given to the role of convict record as a separate circumstance that prevents imposition of suspended sentence. The author indicates the fact of various interpretation of the concept of “crimes against sexual integrity of minors” mentioned in the note to the Article 73 of the Criminal Code of the Russian Federation and in the construct of the qualifying element for a number of offences of the Article 18 of the Criminal Code of the Russian Federation, as well as substantiates inexpediency of unification of this definition. The scientific novelty consists in proposing the new wording for the purposes of the Article 18 of the Criminal Code of the Russian Federation, which the author believes should be enshrined in the new note to the Article 131 of the Criminal Code of the Russian Federation.

Assessing the size of agricultural holdings

2020 ◽  
pp. 105-116
Author(s):  
N. I. Shagaida
Keyword(s):  
Russian Federation ◽  
Vertical Integration ◽  
Total Revenue ◽  
Large Share ◽  
State Support ◽  
The Russian Federation ◽  
Agricultural Organizations ◽  
Business Entities ◽  
To Receive

The article clarifies the concept of “agricultural holding”, using an approach to assessing the size on the basis of the total revenue of all agricultural organizations within the agricultural holding. It has been revealed that only 100 of the total number of agricultural holdings that were identified can be attributed to large business entities. They comprise about 3% of agricultural organizations in the country, while their share in the proceeds is about 37%. A large share of agricultural holdings — large business subjects under the control of Russian entities operate in one, and under the control of foreign legal entities — in three or more regions of the Russian Federation. Vertical integration within the framework of large agricultural holdings with different schemes for including the stages of processing and sale of products produced in their agricultural organizations allows them to receive advantages. Strengthening the role of large business entities in agriculture puts on the agenda the issue of differentiating approaches to taxation and state support in agriculture, depending on the size of the companies’ agricultural businesses.

THE EFFECT OF THE RELIGIOUS FACTOR ON THE MILITARY MEN VALUE BASED ORIENTATION FORMING

2020 ◽  
Vol 10 (4) ◽  
pp. 137-142
Author(s):  
ALEXEY ROMAKHIN ◽  
Keyword(s):  
Russian Federation ◽  
Military Personnel ◽  
Armed Forces ◽  
Value Orientations ◽  
Russian Army ◽  
Religious Factor ◽  
The Russian Federation ◽  
Role Of Religion ◽  
The Military

This article reveals the problem of the role of the religious factor in the formation of the value orientations of the military personnel of the Russian army from its inception to the present state. In the article, the author reveals the significance of the Church in the formation of the value orientations of military personnel. The problem of religious situation in foreign armies is considered. The article presents data from sociological studies confirming the increase in the number of religious servicemen in the modern Armed Forces. The concept of “religious factor” is revealed. The author suggests considering the influence of the religious factor on the formation of value orientations through the functions of religion. The article provides examples of the influence of religion on the formation of value orientations of military personnel from the time of the Baptism of Russia to the present. Examples of writers of Russian classical literature about the influence of religion on the morale of troops are given. Examples of religious participation in major battles and wars of the past years are shown. The significance of the religious factor in uniting the people and the army is shown. The work of officials of the Ministry of defense of the Russian Federation in strengthening values among military personnel in modern conditions is demonstrated. The role of the Minister of defense of the Russian Federation, General of the army S.K. Shoigu in strengthening the faith of the Russian army is outlined. Issues related to the construction of the Main Temple of the Armed Forces and its impact on the public masses were discussed. In this study, the author aims to show the significant role of religion in the formation of value orientations in Russian military personnel. The analysis shows an increasing role of religion in the minds of military personnel in modern conditions.

SECTANITY IN THE CONTEXT OF MANIFESTATIONS OF MODERN RELIGIOUS EXTREMISM

2020 ◽  
Author(s):  
Pavel Agapov ◽  
Kirill Stepkin
Keyword(s):  
Russian Federation ◽  
Religious Extremism ◽  
The Russian Federation ◽  
Relationship Of ◽  
The Relationship ◽  
Theoretical Foundations

The article considers the general theoretical foundations of the relationship of sectarianism and religious extremism in the Russian Federation. Practical examples of the role of destructive sects in modern religious extremism in the Russian Federation are given.

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