"Legal regulation" vs "legal regulation"

2021 ◽  
pp. 17-21
Author(s):  
Victoria Vovk
Keyword(s):  
Qualitative Research ◽  
Legal Regulation ◽  
Legal Rule ◽  
Practical Significance ◽  
Legal Research ◽  
Scientific Methods ◽  
Legal Norms ◽  
General Scientific ◽  
Theory Of Law ◽  
Rule Making

The purpose of the study is to comprehend and define the substantive differences between the concepts and phenomena of legal rule-making and legal rule-making. The research methodology is represented by a set of philosophical and general scientific methods. Determinants of which are comparative and hermeneutic, as well as socio-cultural and axiological approaches. Results. It is shown that legal investigations’ conceptual and terminological accuracy is one of the foundations of qualitative research. It is proved that rigor and clarity in the application of the conceptual apparatus in legal research contribute to a fuller disclosure of the specifics of legal phenomena, and is also an indicator of the level of a philosophical and general culture of the researcher. Thus, the study will contribute to the improvement of the conceptual and terminological apparatus of the theory of law and philosophy of law. Scientific novelty. The paper proves that the concepts of "legal rule-making" and "legal rule-making" are not identical, but denote different, in essence, the processes of formation of legal norms. Practical significance. The results of the study can be used in further philosophical and theoretical-legal scientific research, preparation of special courses.

scholarly journals On Understanding of Digital Financial Assets

2021 ◽  
Vol 2 ◽  
pp. 40-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Legal Practice ◽  
Educational Materials ◽  
Scientific Methods ◽  
Existing Problems ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific

Purpose. In the context of the development of digital technologies, the issue of the existence and legal regulation of digital of financial assets is being updated. In modern legal practice, there is no uniformity in the terminology of these relations, so it is especially important to consider the possibility of using different terms from digital currency to digital rights. The article analyzes various approaches to defining the concept of cryptocurrency offered by specialists working not only in the field of law, but also in economics, since it is important to consider the possibility of reflecting digital assets in accounting. In the course of the research, both General scientific and private scientific methods were used: scientific abstraction, system, logical, analysis and synthesis, comparative legal and formal legal. Conclusions are made that: 1) as a result of numerous discussions about the legal regulation of digital of financial assets, the state has decided on the terminology in these relations; 2) according to the author, the most successful term is the concept of “digital financial assets”, since the term “asset” is used in russian legislation, in particular investment and tax; 3) russian legal practice has used the experience of foreign countries when making changes to existing legislation, in particular in civil, expanding the list of objects of civil legal relations. Scientific and practical significance. This research allows us to critically understand the existing problems of cryptocurrency regulation, as well as contributes to the development of theoretical directions on this topic and the creation of educational materials dedicated to the digital economy.

scholarly journals On the procedure for calculating the time periods of non-exploitation of agricultural lands at their withdrawal from users

2019 ◽  
pp. 39-46
Author(s):  
Galina Leonidovna Zemlyakova
Keyword(s):  
Agricultural Land ◽  
Legal Regulation ◽  
Federal Law ◽  
Agricultural Lands ◽  
Scientific Methods ◽  
Legal Norms ◽  
Unused Land ◽  
Special Scientific ◽  
General Scientific ◽  
The Subject

The subject of the research is the legal norms regulating the procedure for calculating the terms of non-use of agricultural lands, which allow state authorities to apply the procedure for their withdrawal from unscrupulous owners. In this regard, the author performs a retrospective analysis of the law regulating the turnover of agricultural land, taking into account all the changes and amendments, and identifies the shortcomings in the legal regulation of this sphere which prevent the involvement of land plots in agricultural turnover.The study is based on such general scientific methods as analysis, synthesis, generalization, comparison, as well as the following special scientific methods: historical-legal, formal-legal.The author concludes that repeatedly introduced amendments to article 6 of the Federal law of July 24, 2002 No. 101-FZ "on the turnover of agricultural land" have specified the rules governing the procedure for the withdrawal of unused land plots from owners. However, it has not solved the problem of non-use of land suitable for agricultural production.

PHARMACEUTICAL LAW: CRIMINAL ASPECTS

2021 ◽  
Vol 14 (6) ◽  
pp. 203-209
Author(s):  
ANNA SEREBRENNIKOVA ◽  
Keyword(s):  
Criminal Law ◽  
Raw Materials ◽  
Active Phase ◽  
Legal Regulation ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Scope Of Application ◽  
General Scientific ◽  
Criminal Legislation

The author, considering the possibility of the emergence of a new branch of law in the future - pharmaceutical law, focuses on the complexity of regulating the sphere of turnover of medicines, at the same time pointing to this as the main reason for the uncertainty of the legislator in matters of the correctness of the choice of the object and subject of legal regulation. The author, citing examples from practice, draws attention to the fact that pharmaceutical activity is gradually becoming the object of regulatory regulation of various legal institutions, where the turnover of medicines, as well as medicines and other products containing raw materials of a medicinal nature, can be subject not only to the rules of civil turnover, as well as other special acts, but also to the norms of criminal law. The purpose of the study: To analyze the criminal legislation of the Russian Federation, including articles of the Criminal Code that establish responsibility for crimes in the field of pharmaceutical criminal law. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpretation of legal norms, which together make it possible to more effectively analyze the institutions of criminal law and determine the directions of development of the norms of pharmaceutical criminal law. Conclusions: as a result of the study, the author consistently substantiated the conclusion that the scope of application of criminal legislation in the control of pharmaceutical activities is expanding, at the same time, frequent violation of established prohibitions and regulations in the turnover of medicines suggests that the dialectical component of this issue is in an active phase of development, which indicates the inevitability (regularity and expediency) of the separation of a group of norms into a relatively autonomous group, which may be called pharmaceutical criminal law.

scholarly journals ICO — a New Way of Project Financing: Development Trends of Legal Regulation

2020 ◽  
Vol 10 ◽  
pp. 41-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Scientific Methods ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
Initial Placement ◽  
General Scientific ◽  
Training Courses

Purpose. The development of digital technologies contributes to the improvement of financial relations using various information systems, which actualizes the study of the problems of legal regulation of new relations, in particular in the field of ICO. The article analyzes the processes of initial placement of tokens (moent), as well as possible options for their legal regulation. The methodological basis for the research of this article is the dialectical method of scientific knowledge. The research used such general scientific methods and techniques as scientific abstraction, system, logical, analysis and synthesis, comparative law. Conclusions are drawn that 1) various approaches to the issue of ICO regulation have been formed in a number of countries, and rather ambiguous ones, 2) Russia is currently in the process of forming a legal framework regulating the circulation of cryptocurrencies and digital financial assets, 3) the term “ICO” has not been introduced in domestic legislation, and the terms “issue” and “circulation”are used instead. Scientific and practical significance. This research allows us to consider the nature of the token and the content of the ICO process, as well as contributes to the development of theoretical directions on this topic and the formation of training courses on tokens and new ways of implementing financial relations.

scholarly journals The conflict inititation and resolution rules in constitutional and municipal law

2020 ◽  
Vol 4 (2) ◽  
pp. 58-66
Author(s):  
Irina A. Tretyak
Keyword(s):  
Legal Regulation ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Rules ◽  
Basic Law ◽  
Russian Constitution ◽  
Municipal Law ◽  
Conflict Initiation ◽  
General Scientific ◽  
Different Content

The subject. The article is devoted to analysis and classification of different constitutional and municipal legal rules that may cause and resolve the constitutional conflicts. The purpose of the article is to confirm or disprove hypothesis that there is a set of constitutional and municipal legal rules with common conflict initiation nature as well as with common conflict resolution nature. The methodology of the study includes general scientific methods (analysis, synthesis, description) and legal interpretation of Russian Constitution and laws. The main results, scope of their application. There is a whole set of legal norms in constitutional and municipal law, that focus on the conflict component due to the conflict nature of the constitutional act itself as the basic law of the country. They need to be studied and classified due to the different content and legal nature of these rules. The author attempts to research the constitutional and municipal legal norms that may cause and resolve the constitutional conflicts, offers their classification on certain grounds, analyzes scientific researches on this topic. Constitutional and municipal legal rules that may cause and resolve the constitutional conflicts can be classified for two types depending on their content: rules generating constitutional conflicts and rules that establish methods and principles for resolving constitutional conflicts. Conclusion. The constitutional and legal rules that give rise to constitutional and legal conflicts include the norms of constitutional law that enshrine constitutional values that are in a state of real or imaginary competition. The norms that establish ways to resolve a constitutional and legal conflict include: 1) collision rules of constitutional and municipal law – rules determining which legal regulation should be applied to the relevant conflict legal relationship. They have a reference character and are applied only together with substantive legal norms that resolve the issue; 2) constitutional and municipal regulations governing the methods and principles for the resolution of constitutional conflicts.

scholarly journals The Principle of Performance in Inter-Budgetary Subsidy Provision Legal Relationships

2021 ◽  
Vol 1 ◽  
pp. 41-44
Author(s):  
Alina A. Timerkhanova ◽  
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Performance Indicators ◽  
Legal Regulation ◽  
Practical Significance ◽  
Synthesis System ◽  
Scientific Methods ◽  
Dialectical Method ◽  
Judicial Practice ◽  
General Scientific

Purpose. The article discusses the importance of the princ iple of ef fectiveness in relations for the provision of intergovernmental subsidies. Judicial practice shows that there is no detailed legal regulation of the composition of this principle, which leads to failure to achieve the result of using subsidies. Methodology: dialectical method of scientific knowledge. The research used such general scientific methods as analysis, synthesis, system and structural-functional. Conclusions. The author comes to the conclusion that the composition of the principle of effectiveness should be fixed in the Budget code of Russian Federation, which includes performance indicators, deadlines for achieving the purpose and exceptional circumstances. Scientific and practical significance. Based on the analysis of judicial practice, the composition of the principle of effectiveness is proposed, which will contribute to achieving the purpose of provision of intergovernmental subsidies.

scholarly journals FINANCIAL AND LEGAL NORMS: LEGAL MEANS AND MECHANISM OF IMPLEMENTATION

2019 ◽  
Vol 4 (5) ◽  
pp. 271
Author(s):  
Mykhailo Pitiulych ◽  
Anatolii Poliakh ◽  
Mykola Pakhnin
Keyword(s):  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Legal Norms ◽  
Theoretical Approaches ◽  
Legal Literature ◽  
Determining Factors ◽  
General Scientific ◽  
Implementation Methodology ◽  
The Impact

The aim of the article is to disclose problematic issues, which are connected with financial and legal norms, as well as legal means and the mechanism for their implementation. The subject of the study is the financial and legal norms: legal means and the mechanism for their implementation. Methodology. The study is based on the dialectical method of scientific knowledge and general scientific methods, which are based on it, such as: analysis, comparison, analogy, induction and others. Results of the conducted study have shown the theoretical aspects of the implementation of financial and legal norms and their features. Particular attention is paid to the implementation of the law, which takes one of the main places among the pressing problems of legal science, despite the fact that a special theoretical analysis of the implementation of financial law in the legal literature is quite rare. During the analysis of this issue in the presented study, the question about the content and number of legal means in the mechanism of financial and legal regulation is set in the first place. Another problem, which is studied, is the impact of various determining factors on the procedure for the implementation of financial law. Practical impact. The author analyses the features of the forms of implementation of financial and legal norms, the legal regulation of relations developing in connection with the observance, use, execution, and application of these norms on the bases of the general theoretical approaches of law. Correlation/originality. After the legal analysis and analysis of the scientific literature, it was defined that the mechanism for the implementation of financial and legal norms today faces a number of unresolved problems in financial relations.

scholarly journals RIGHTS OF CITIZENS TO FREE ACCESS TO NATURAL RESOURCES (THEORETICAL AND LEGAL REGULATION ISSUES)

2021 ◽  
Vol 17 (3(65)) ◽  
pp. 59-71
Author(s):  
Равиль Хасанович ГИЗЗАТУЛЛИН
Keyword(s):  
Natural Resources ◽  
System Analysis ◽  
Legal Regulation ◽  
Free Access ◽  
Scientific Methods ◽  
Natural Resource Use ◽  
Legal Norms ◽  
The Public ◽  
General Scientific ◽  
The Right

The right of citizens to free access to natural resources for their personal and domestic needs is an inalienable right deriving from the natural dependence of man on nature, which is the basis of his life. Purpose: to examine theoretical issues concerning the substantive characteristics of the right to use general natural resources and its content at the current stage of legal regulation; to analyze current legislation, governing the right of citizens to free access to natural resources. Methods: such general scientific methods as system analysis, comparison, formal logic and such special legal methods as conceptuallegal, comparativelegal, interpretation of legal norms are applied. Results: the study makes it possible to establish that the citizens’ right to free access to natural resources is not always available to the public, that is, to all citizens. Meeting one’s own needs in the process of natural resource use carried out by citizens is not an exclusive feature of the right to general use of natural resources. In some cases, it also involves the implementation of special use of natural resources resulting from a treaty or a decision of a governing body. Deficiencies and gaps in legislation have been identified with regard to the regulation of restrictions on the right of citizens to free access to natural re-sources and the responsibility for violating them

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

scholarly journals Regulation of advocacy profession: global trends

2021 ◽  
Vol 39 (69) ◽  
pp. 689-706
Author(s):  
Tetiana Vilchyk ◽  
Alla Sokolova ◽  
Tetiana Demchyna
Keyword(s):  
Self Regulation ◽  
Legal Profession ◽  
The United States ◽  
Legal Regulation ◽  
International Standards ◽  
Global Trends ◽  
Scientific Methods ◽  
General Scientific ◽  
Different Sources ◽  
Regulatory Models

The objective of the article is to analyze the regulation of the legal profession and its global trends. There are many different types of regulators globally, and many different sources and methods of regulation. There is no simple approach to setting goals for regulating the legal profession in different legal systems. Although self-regulation of the legal profession is considered the basis for adhering to the standard of its independence, at the same time, academics recognize the existence of the theory of the management of the legal profession. To study these problems, the authors conducted a comparative study of the regulatory models of the legal profession in the world in terms of compliance with international standards of legal independence in different legal jurisdictions and made some suggestions to improve the legal regulation of the legal profession in Ukraine. Empirical sources for scientific research were international documents, court decisions, national legislation of Great Britain, Canada, the United States, Ireland, Scotland, Australia and others, and the work of scientists. The article uses general scientific methods - dialectic, analysis, synthesis, analogy, etc., and special methods, particularly legal, historical, and formal comparative law.

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