scholarly journals FEATURES OF FORMING AND IMPLEMENTING PROFESSIONAL SELECTION PROGRAMS WITH THE USE OF GENETIC TECHNOLOGIES FOR ANALYZING HUMAN ADAPTATION POTENTIAL

2020 ◽  
Vol 16 (2) ◽  
pp. 99-111
Author(s):  
Валентина Рузанова ◽  
Владимир Беляков
Keyword(s):  
Analysis Data ◽  
Genetic Profile ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Legal Norms ◽  
Labor Legislation ◽  
Genetic Technologies ◽  
Scope Of Application ◽  
The Individual

In the context of forming the genetic profile of Russia’s population, including through the implementation of genetic passportization, the problem of expanding the scope of application of the results of genetic technologies in the direction of their use in the system of measures related to recruiting becomes actual. Aim: the substantiation of the legal possibility of using genetic analysis data for professional selection and determination of the main directions for further improvement of legislation in this area. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private scientific methods are used: legal-dogmatic and the method of interpretation of legal norms. Results: the study reveals the importance of the analysis of the genetic correspondence of the individual to the position and the nature of the work performed and to determine the place of such analysis in the system of professional selection; substantiate the need to create specialized genetic passports and characterize their content; formulate proposals for the formation of a regulatory framework related to genetic passportization; identify the main directions of improving labor legislation; argue the idea of the possibility of extending the experience of applying genetic data in the recruiting system to the procedure for selecting specialists for night work performed.

scholarly journals ON THE LEGAL NATURE OF LAW OF CONFLICT

2020 ◽  
Vol 16 (3) ◽  
pp. 64-72
Author(s):  
Наталия Латыпова ◽  
Наталья Ямалетдинова
Keyword(s):  
Empirical Methods ◽  
Unified Approach ◽  
Dialectical Logic ◽  
Conflict Of Laws ◽  
Scientific Methods ◽  
Legal Norms ◽  
Scientific Discussion ◽  
Legal Nature ◽  
Points Of View ◽  
Development Methods

The term “law of conflict” has firmly entered the categorical apparatus of Russian legal science, but today there is no unified approach to determining its place in the legal system. The article analyzes the scientific discussion, highlights the main points of view in the field of researching law of conflict. Purpose: to analyze the legal nature of law of conflict and determine the main trends in its development. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods are used: legal-dogmatic and method of interpretation of legal norms. Results: the legal nature of law of conflict is manifested primarily in conflict of laws dispersed in various branches of law that ensure law consistency and structural organization. Therefore, it does not belong expressly to any branch. The authors propose to consider law of conflict as a complex inter branch-legal institution.

scholarly journals DISTINCTION BETWEEN TRANSACTIONS REQUIRING AND NOT REQUIRING PERCEPTION: GROUNDS AND SIGNIFICANCE

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 160-176
Author(s):  
Юрий Сергеевич ПОВАРОВ
Keyword(s):  
Legal Interpretation ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Theoretical Methods ◽  
Legal Norms ◽  
Scientific Potential ◽  
The Law

The proposed scientific grouping of transactions into those requiring and not requiring perception has not been systematically reflected in Russian civil legislation; moreover, the scientific potential of this classification is often questioned. Purpose: to explain the nature and significance of the distinction between transactions requiring and not requiring perception; to analyze the approaches used to establish the criterion for such a distinction; to develop a mechanism for determining whether a transaction belongs to a particular classification group; and to study the permissibility of extrapolation of division into other (rather than unilateral transactions) legal acts. Methods: the author uses general theoretical methods of formal and dialectical logic, as well as specific scientific methods such as legal-dogmatic, legal modeling, comparative legal, interpretation of legal norms. Results: the author proves the irrelevance of ignoring a factor of (not) compulsory perception of will and, as a consequence, the significance of the studied gradation (while the classification of a transaction as requiring or not requiring perception affects the conditions and timing of its legal effects, and the interpretation of the transaction as receptive is necessary to establish and comply with the rules on the procedure and the addressee of the notification of will). The author highlights the main models for reflecting the legal role of perception in the application to transactions that need perception; the author assesses positively the approach to identifying a transaction as (non) receptive based on the direct instructions of the law and the essence of the transaction; the idea of the advisability of adapting the division also to legal acts that are not unilateral transactions is carried out.

scholarly journals PROTECTION AGAINST VIOLENCE AND HARASSMENT IN THE WORLD OF WORK: CHALLENGES AND OPPORTUNITIES FOR RUSSIA AND KAZAKHSTAN

2021 ◽  
pp. 624-647
Author(s):  
S. Yu. Golovina ◽  
◽  
E. V. Sychenko ◽  
I. V. Voitkovska ◽  
◽  
...  
Keyword(s):  
Physical Violence ◽  
Executive Branch ◽  
Private Life ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Legal Method ◽  
Labor Legislation ◽  
The World ◽  
Challenges And Opportunities ◽  
Violence In The Workplace

Introduction: the article deals with the problem of violence in the workplace or in another place where the employee performs their labor duties. Statistics show that a significant number of people suffer from violence at work in both Russia and Kazakhstan. The problem of sexual harassment, if considered as a narrower part of the phenomenon of violence in the world of work, is becoming ‘visible’ in the countries of the post-Soviet space, especially in connection with the numerous statements of women who have reported harassment at work. The purpose of our study is to find legal solutions for those who have been subjected to violence and harassment at work since the greatest difficulties for them are: fear of stigmatization, the difficulty of recognizing violence and harassment on the part of colleagues and managers as ‘inappropriate’ behavior, the choice of the form of behavior for both the victim and the employer in a situation where violence has occurred, as well as the process of proving the fact of psychological or physical violence in conjunction with the necessity to expose the specified facts of private life for general discussion. Methods: empirical methods of comparison, description; theoretical methods of formal and dialectical logic; special scientific methods such as the comparative legal method and the method of interpretation of legal norms. Results: we have shown that the legislation and practice of Russia and Kazakhstan in the field of protection from violence and harassment at work are not in complete conformity with international labor standards; formulated some proposals concerning available legal mechanisms to be used for the development of legislation aiming to ensure the protection of workers from violence and harassment. Conclusions: the labor legislation of Russia and Kazakhstan does not protect workers from violence and harassment at work, however, there are attempts made at the level of the executive branch to regulate the problem in a recommendatory manner. Practice shows that employers and employees seek dialogue on this sensitive issue. Judicial practice in Russia and Kazakhstan testifies to the low awareness among judges of the issues concerning protection of workers from such forms of violence as oppression, victimization, mobbing, and harassment

scholarly journals SOME ASPECTS OF DEFINING THE ESSENCE OF CHALLENGES AND THREATS TO RUSSIA'S ECONOMIC SECURITY IN THE CONTEXT OF DIGITALIZATION

2020 ◽  
Vol 16 (4-2) ◽  
pp. 11-27
Author(s):  
Марина Арутюнян ◽  
Оливер Хисматуллин
Keyword(s):  
Negative Impact ◽  
Legal Regulation ◽  
Economic Security ◽  
The State ◽  
Dialectical Logic ◽  
Economic Interests ◽  
Internal Factors ◽  
Scientific Methods ◽  
Economic Relations ◽  
Legal Norms

Improving the legal regulation of the mechanism for ensuring economic security is an important permanent task. The variability of external and internal factors, the formation and development of the digital economy necessitates the timely development and implementation of a set of adequate measures to ensure the economic interests of the society, the state and its citizens. Purpose: to characterize legally established challenges and threats to Russia's economic security, to determine their essence, meaning, forms and degree of influence on the state of protected interests in the process of digitalization of economic relations. Methods: the research is based on empirical methods of analysis, comparison, description, interpretation; theoretical methods of formal and dialectical logic. Special scientific methods are used: legal-dogmatic and method of interpretation of legal norms. Results: the study allows us to determine the essence, meaning and role of threats and challenges to economic security, to determine the prerequisites for their occurrence and the forms existing in the digital environment, to formulate generalizing conclusions and proposals aimed at reducing the negative impact of threatening factors.

scholarly journals AWARENESS AS A MANDATORY FEATURE OF CONSENT TO HUMAN GENOME RESEARCHES (TREATMENT, DIAGNOSTICS) (IN TERMS OF THE PROPER PROTECTION OF HUMAN RIGHTS AND FREEDOMS)

2020 ◽  
Vol 16 (2) ◽  
pp. 81-98
Author(s):  
Юрий Поваров
Keyword(s):  
Informed Consent ◽  
Human Genome ◽  
Relevant Information ◽  
Legal Aspects ◽  
Private Life ◽  
Point Of View ◽  
Third Party ◽  
Dialectical Logic ◽  
Legal Norms ◽  
The Individual

One of the key factors in assessing the coordination of the third-party interference in a citizen’s private life (including when implementing activities related to the human genome) is his awareness of the actual and (or) legal aspects of such interference; however, many aspects of relevant information procedures remain blank or debatable. Aim: to identify the causes and significance (first of all, from the point of view of observing the principle of respect for the individual) of entrenchment in international legal acts and Russian legislation the requirement of informed consent of the subject; analysis of approaches to determining the content and volume of information provided, as well as to interpreting the provision on reporting data in an accessible form; studying the specifics of informing in extraordinary situations (refusal to receive information, etc.). Methods: general theoretical methods of formal and dialectical logic; private scientific methods such as comparative legal, legal dogmatic, the method of interpreting legal norms. Results: it is established that the main factors for introducing the sign of informed consent are the nature of the protected goods and the qualification of the citizen as a weak (vulnerable) side; the appropriateness of using the categories of “necessity” and “sufficiency” is justified in determining the completeness of the disclosed information; a close relationship between the signs of awareness and voluntariness of consent is disclosed, which, however, does not cancel their autonomy.

scholarly journals MIGRATION POLICY: LEGISLATIVE EMBODIMENT AND LEGAL IMPLEMENTATION IN RUSSIA

2020 ◽  
Vol 16 (3) ◽  
pp. 73-82
Author(s):  
Александр Малый
Keyword(s):  
Law Enforcement ◽  
Traditional Approach ◽  
Migration Policy ◽  
The State ◽  
Empirical Methods ◽  
Law Enforcement Agencies ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Theoretical Methods ◽  
Legal Norms

The relevance of the article is due to the importance of migration policy for the state. The article discusses the issues of liberalization of migration legislation in Russia. The problem of the implementation of legal norms by the law-enforcer is reviewed, the conclusion is drawn that law enforcement agencies and courts are guided by the established practice of a rigid approach to assessing the activituies of subjects of migration relations. Purpose: to focus on the need to liberalize not only migration legislation, but also law enforcement practice, taking into account the changing migration policy in the activities of power bodies. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic are used. Specific scientific methods are used: historical, legal-dogmatic, method of interpreting legal norms. Results: the study makes it possible to formulate a number of conclusions regarding the identified direction of migration policy, its reflection in legislation. The preservation of the traditional approach in the activities of law enforcement agencies concerning participants in migration relations is noted. It retains its repressive orientation and is not fully consistent with the proclaimed political course towards the liberalization of migration relations.

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 National Green Finance Standard in Russia 2020 - a Breakthrough in Green Finance Regulations?

2021 ◽  
Vol 25 (2) ◽  
pp. 562-581
Author(s):  
Elena P. Ermakova
Keyword(s):  
Central Bank ◽  
National Standard ◽  
The European Union ◽  
Empirical Methods ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Legal Norms ◽  
Regulatory Documents ◽  
Green Finance ◽  
The Russian Federation

The article is devoted to the analysis of VEB.RF's Methodological Recommendations for Green Finance published on July 13, 2020, named by many Russian experts as the National Green Finance Standard of Russia. This document was in-tended to define the criteria for green projects and financial instruments for enterprises and banks and, ultimately, describe the architecture of the national sys-tem of such financing. A similar document - Taxonomy Regulation - was adopted in the European Union on June 18, 2020. In this regard, a comparative analysis of the above issues is of particular importance. The purpose of the article is to form the idea of the national standard of green finance in Russia based on the analysis of regulations and scientific sources. The applied methods are empirical methods of comparison, description, interpretation, and theoretical methods of formal and dialectical logic. The following private scientific methods were used: legal-dogmatic and the method of interpretation of legal norms. The study showed that the main financial regulator in Russia is the Central Bank, and it is the regulatory documents of the Central Bank of the Russian Federation that should create a national standard for green financing. Without the approval of the Central Bank, VEB.RFs guidelines are turning into just another methodology of the rating agency.

scholarly journals Theoretical, Legal and Organizational Foundations of Volunteer Activities in the Field of Social Adaptation of Individuals Sentenced to Non-Custodial Punishment in Russia

2021 ◽  
Vol 15 (3) ◽  
pp. 621-627
Author(s):  
Sergei L. Babayan ◽  
Nikolai V. Ol’khovik ◽  
Svetlana A. Fadeeva ◽  
Irina A. Lakina ◽  
Lidiya P. Pitkevich
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
Social Adaptation ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Legal Norms ◽  
Communicative Functions ◽  
Foreign Countries ◽  
The Social ◽  
The Russian Federation

Introduction: the article investigates theoretical, legal and organizational foundations for participation of volunteers in the social adaptation of individuals convicted to non-custodial punishments. Aim: we review theoretical, legal and organizational foundations of the work of volunteers in the field of execution of sentences in Russia and foreign countries and show the prospects for their participation in the social adaptation of individuals convicted without isolation from society in our country. Methods: comparative legal, empirical methods of description, interpretation, theoretical methods of formal and dialectical logic, private scientific methods: legal-dogmatic and method of interpretation of legal norms. Results: in the life of those convicted to non-custodial punishments, volunteerism performs mobilization, regulatory, stimulating, communicative functions, as well as the functions of socialization and self-affirmation. Conclusions: we propose to supplement the list of activities in respect of which the federal executive authorities, executive authorities of constituent entities of the Russian Federation, and local government bodies approve the procedure for interaction between state and municipal institutions and volunteers, with one more type of activity such as assistance in the work of institutions and bodies executing sentences, participation in the reformation of convicts and their social adaptation. We substantiate the proposals on assigning the state authorities of the Russian Federation, constituent entities of the Russian Federation, and local government bodies the obligation to provide organizational, informational, methodological and other support to the subjects of voluntary (volunteer) activities that promote the work of institutions and bodies executing sentences, to take into account the voluntary (volunteer) activity of the convicted person when determining the degree of their reformation, recognition of the active participation of the person convicted to non-custodial punishment in voluntary (volunteer) activities as the basis for applying incentive measures to such convicts.

scholarly journals Legislative Regulation of the Activities of Intelligence-Gathering Units of the Penal System in Ensuring the Execution of Punishment

2021 ◽  
Vol 15 (3) ◽  
pp. 642-649
Author(s):  
Igor A. Ivankov
Keyword(s):  
Legal Regulation ◽  
Penal System ◽  
Correctional Institutions ◽  
Dialectical Logic ◽  
Intelligence Gathering ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Legislative Regulation ◽  
Central Management

Introduction: the article analyzes legislative norms regulating the activities of operational units of the Federal Penitentiary Service of Russia. Aim: by analyzing the norms of the current intelligence-gathering, penal enforcement and criminal-procedural legislation, to put forward proposals for introducing amendments to certain norms so as to improve the effectiveness of legal regulation of the activities of operational units of the penal system. Methods: comparative legal method, empirical methods of description and interpretation, theoretical methods of formal and dialectical logic. Private scientific methods: legal-dogmatic method and the method of interpretation of legal norms. Results: having analyzed certain norms of the current intelligence-gathering, penal enforcement and criminal-procedural legislation, we see that the norms under consideration are in a certain contradiction, and there are also gaps in the legislative regulation of the activities of operational units of the Federal Penitentiary Service of Russia. Conclusions: we argue that structural operational units of the territorial and central management bodies of the Federal Penitentiary Service of Russia can conduct intelligence-gathering activities outside the territory of correctional institutions, including cases when such activities are conducted according to regulations set out as the tasks of intelligence-gathering activities in institutions executing sentences in the form of imprisonment. We also argue that operational units of the territorial bodies of the Federal Penitentiary Service of Russia can conduct intelligence-gathering activities aimed at establishing the location of convicts, those who have escaped from correctional institutions, their detention and delivery to the investigator (inquirer) for conducting investigative actions. We note legal gaps in the legislative regulation of these measures and propose amendments to legislative acts aimed at improving the effectiveness of law enforcement practice.

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