scholarly journals LEGAL REGULATION OF THE SECURITY AND DEFENSE SECTOR: ESSENCE AND CONTENT

2020 ◽  
pp. 130-136
Author(s):  
А. Л. Бейкун ◽  
О. М. Ромашко

The purpose of the article is to establish the essence and content of the legal regulation of the security and defense sector of Ukraine, and the tasks include: interpretation of such categories as "legal regulation", "security and defense sector of Ukraine"; establishment of the normative-legal basis for the functioning of the relevant institution, which will enable and objectify the establishment of the content of the relevant concept; defining the essence and content of the security and defense sector of Ukraine, which will further form practical recommendations for optimizing the industry. In the article the author carried out a comprehensive multicomponent study of the concept of legal regulation of the security and defense sector, clarified its essence for the content. Some reference and other scientific sources that define the concept and essence of such terms as "legal regulation", "security and defense sector" are considered. It is concluded that the legal regulation of the security and defense sector is a range of state-regulated legal acts that establish the foundations of the functioning of entities implementing measures to ensure national and military security, as well as personal security of citizens, public order. It is argued that today, in the conditions of armed aggression of the Russian Federation, the most urgent issue is to establish effective cooperation of all entities with powers and responsibilities in the security and defense sector of Ukraine, because of the effectiveness of their interaction, the implementation of the most complex socio-political and economic stability of society depends on the tasks with the lowest labor costs and in the shortest possible time. Scientists also point out that the most important thing is to create such conditions that will effectively prevent a military attack and organize a political (diplomatic), economic, armed repulse of possible aggression against Ukraine at any time and under any circumstances. The results have been achieved and the position has been formed that the legal regulation of the security and defense sector takes place in the following way: consolidation and protection of new social relations; prohibition of certain social relations and behavior; changes in the nature of relations in a particular area. The necessity of further research in the relevant direction and the importance of an expanded interpretation of the legal framework for the security and defense sector of Ukraine are argued.

Author(s):  
V. Yakovlev

The military security of the Russian Federation in the face of external and internal threats is still primarily important. In this context the rightful principles of defense and security in Russia play a discrete role. The article provides the analysis of these principles for a legal framework of the Russian military security regulation. It reveals system problems, gaps and contradictions of the legal regulation. Complex and urgent measures for the legal system and legal instruments improvement are suggested in the article. It is proposed to develop a number of regulatory acts needed by reason of the blanket character of the Federal Defense Act. Among these are: The Armed Forces of the Russian Federation Act, The Operational Equipment of the Territory of the Russian Federation for the Purpose of Defense Act, The Armed Forces of the Russian Federation Management and Control during the War Act, etc. Problems of the social relations legal regulation in the defense and security sphere are systemic and complex, require a constant attention on the part of government agencies and a painstaking daily work of legislators. It should facilitate bringing the defense and military security system of the Russian Federation to a fundamentally different, whole new level relevant to the present level of external and internal threats.


Author(s):  
Павел Владимирович Никонов

Международные нормативные правовые акты имеют особое значение для организации противодействия коррупционным преступлениям, связанным с дачей и получением взятки и иных видов незаконного вознаграждения. В статье анализируются международно-правовые документы, призванные обеспечить единый подход к противодействию указанным видам противоправных деяний в различных государствах. Международное сообщество озабочено решением проблем, связанных с противодействием коррупции. В этом отношении Россия не является исключением, поэтому ратифицирует основные международно-правовые акты, регламентирующие вопросы борьбы с коррупционными преступлениями. Интеграционные процессы, происходящие в настоящее время, обуславливают необходимость обращения к международному опыту в области противодействия указанным видам преступлений. При подготовке материала научной статьи применялся сравнительно-правовой метод исследования, что позволило получить обоснованные выводы относительно сравнения международных и российских нормативных правовых актов. В статье анализируются положения таких источников, ратифицированных Россией, как Конвенция Организации Объединенных Наций против коррупции, Конвенция против транснациональной организованной преступности, Конвенция об уголовной ответственности за коррупцию, Конвенция по борьбе с подкупом иностранных должностных лиц при осуществлении международных коммерческих сделок. В качестве полученных результатов проведенного исследования можно признать заключения относительно соответствия уголовного законодательства Российской Федерации, созданных органов и реализуемых мер, направленных на организацию борьбы с коррупционными преступлениями, связанными с дачей и получением взятки и иными видами незаконного вознаграждения, рассмотренным международным стандартам. International legal regulation is of prime importance in countering corruption crimes related to giving and receiving bribes and other types of illegal remuneration. The article analyzes international legal documents designed to ensure the same approach to countering these types of illegal acts in different states. The international community is concerned about solving problems related to combating corruption. Russia is no exception, therefore it ratifies the main international legal acts regulating the fight against corruption crimes. The integration processes taking place at the present time necessitate taking into account the international experience of countering these types of crimes. The comparative legal research method was used, this made it possible to obtain well-grounded conclusions regarding the comparison of international and Russian normative legal acts. The article analyzes the provisions of international documents ratified by Russia: the United Nations Convention against Corruption, the Convention against Transnational Organized Crime, the Criminal Law Convention on Corruption, and the Convention against Bribery of Foreign Officials in International Business Transactions. The findings on the compliance of the criminal legislation of the Russian Federation, existing bodies and measures taken in the field of combating corruption crimes related to giving and receiving bribes and other types of illegal remuneration to international standards as the results of the study are indicated.


Author(s):  
Rinat Mikhailovich Karimov

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. 


2021 ◽  
Author(s):  
Kristina Zimina

The monograph is devoted to the study of the international foundations of cooperation between states in the field of combating illicit trafficking in medical products (NOM), as well as to the study of the functioning of modern international legal mechanisms of such interaction. The author's proposals for improving the legal regulation in the field of countering the NOM in the process of implementing international legal norms regulating these legal relations into the legislation of the Russian Federation and foreign states are presented. For a wide range of readers interested in countering illegal trafficking of goods, works and services. It will be useful for students, postgraduates and teachers of law schools.


2018 ◽  
Vol 8 (7) ◽  
pp. 2241
Author(s):  
Svetlana Stepanovna SHEVCHUK ◽  
Nazima Shafievna IBRAGIMOVA ◽  
Galina Olegovna BELANOVA ◽  
Mariya Alekseevna MALYKHINA ◽  
Svetlana Nikolaevna IVAKHNENKO

This paper is devoted to research and analysis of the issues on legal regulation of the relations arising in connection with the removal of human organs or tissues with the purpose of their subsequent transplantation to a donor. The current national legal framework and lawenforcement practice in transplantation relations are investigated. The theoretical and practical problems affecting the provision and protection of the rights and interests of parties to these relations are analyzed. The necessity of further development and improvement of legal regulation of transplantation relations is substantiated. The scientific novelty of the work is that the authors, on the basis of studying the history of the formation and development of the institution of human organ and tissue transplantation, have made attempts to identify the main trends and directions of legislative support of this sphere of social relations and to substantiate the most constructive proposals in order to improve the corresponding mechanism of legal regulation.


2020 ◽  
Vol 11 (1) ◽  
pp. 136
Author(s):  
Saria NANBA ◽  
Emil ALIMOV

The research is devoted to the constitutional legal regulation of local self-government in Russia. A study of democratic principles and established social relations allows authors to understand the state of local democracy in Russia and to assess the current situation from various points of view. An analysis of the local self-government reforms in Russia and budget policy will allow a better understanding of the further public and social development in Russia. The article analyzes the directions of legislative developments concerning local self-government in the Russian Federation, which sometimes have a multidirectional nature. Also, there are several issues raised in this article: doctrinal approaches and law-enforcement practice the constitutional foundations of local self-government, the competence of local authorities, the direct citizens’ participation in the conduct of local self-government and the local self-government financing. The authors conclude that current legal regulation of the local self-government can be referred to the mixed model. In the course of the study, the several deviations from the constitutionally established model of local self-government have been revealed.


2020 ◽  
Author(s):  
Venera Shaydullina ◽  
Margarita Ruchkina ◽  
Natal'ya Zalyubovskaya ◽  
Aleksey Barkov ◽  
Lapina None ◽  
...  

The monograph is devoted to the development of practical recommendations of an institutional and legal nature aimed at improving the energy efficiency of the energy sector of the economy in the conditions of digitalization and economic restrictions. It contains scientific and practical proposals aimed at developing the activities of economic entities of the Russian energy market, energy infrastructure, and focuses on the problems of the state of the Russian energy sector, strategic planning and legal regulation of activities aimed at energy conservation and energy efficiency in the Russian Federation. It is intended for teachers, students and anyone interested in energy supply and energy efficiency.


2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Владимир Кузнецов ◽  
Vladimir Kuznetsov

The development of the Russian Northern territories is not only a domestic problem of this country, but also a global one. The Polar region, which is also called the Arctic area, attracts many and requires concentration of all forces on the solution of the problem of its development in the economic, social, military and strategic dimensions. In proportion to these circumstances, the role of legal aspects in the developing and emerging social relations also increases. Legal regulation for these parts of the Russian Northern territories and adjacent waters of the Arctic Ocean, constituting the Arctic zone of the Russian Federation, requires certain uniformity. This can be achieved by improving public administration over the Arctic zone of the Russian Federation, legislative recognition of its special status and the establishment of special regimes for natural resources, environmental protection, regulation of navigation along the seaways of the Northern sea route. It involves the formation of a special management procedure, i.e. the formation of a special administrative-legal regime. This is a complex task that requires scientific understanding of the problems that have a significant impact on the formation of the administrative legal regime in the Arctic zone of the Russian Federation.


Author(s):  
Konstantin Evgenevich Shilekhin

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.


Author(s):  
Mariia Aleksandrovna Iurkevich

Legal regulation of the use of video technologies in the Russian criminal procedure is conducted on the international and domestic levels. However, based on the primacy of international law recognized by the Russian Federation, the marker is the position of international community that is reflected in the normative legal acts of its special bodies, as well as on the doctrinal level. This article carries out the chronological analysis of the acts issued by international bodies and organizations pertaining to the use video conferencing in criminal proceedings. The subject of this research is the acts of international bodies and organizations that underlie the development of the national legal framework for the use of video conferencing in the Russian Federation. The analysis of normative acts that regulate the use of video conferencing in the Russian criminal procedure demonstrate that for the most part this question is being addressed in the international agreements ratified by the Russian Federation, rather than in the national legislation (considering the provisions of the Part 3 of the Article 1 of the Criminal Procedure Code of the Russian Federation). Leaning on the acquired results, the author concludes that such tendency can be explained by a number of circumstances, namely lag in the rates of digitalization compared to the leading European practices, insignificant period of approbation of the results of using video technologies, as well as relatively short period of intensive implementation of such technologies due to the amendments in criminal procedure policy of the country, which now requires exhaustive normative regulation. The author believes that it is more appropriate to begin the analysis of normative acts that determine the legal framework for application of video conferencing in criminal proceedings of the Russian Federation with the general principles and norms of international law and international agreements, since their role in intensification of the process of digital transformation of criminal procedure in Russia cannot be overestimated.


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