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 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.

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 Biosafety and Bioethics Are the Ground of Modern Biotechnologies Development

2019 ◽  
Vol 8 (4S) ◽  
pp. 41-45
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Norms ◽  
Scientific Discussion ◽  
Biotechnology Research ◽  
Protection Of Human Rights ◽  
Modern Biotechnology ◽  
Points Of View ◽  
Living Organisms ◽  
Comprehensive Study

This article summarizes different points of view in the context of scientific discussion on biosafety and the legal regulation of biotechnology use by states. The legal regulation of biotechnology, as a rapidly developing branch of science, concerns, first and foremost, activities related to the development, use and transfer of technologies for the use of living organisms. The main purpose of this study is to verificate the need to develop a mechanism that, according to the authors, will be able to implement the state biosafety policy based on the development of certain standards by international organizations and that will serve as a platform for the formation of international biomedical law, through integration principles of bioethics into biomedical relations. Object. The object of research is the norms of international law in the sphere of international legal regulation of the use of modern biotechnology through the lens of bioethics. Material and methods. The methodological basis of the research is comparative legal, dialectical, historical legal, comparative, and other research methods. Results. As a result of the analysis of scientific sources and approaches to solving this problem, evidence of the need for a comprehensive study of the existing scientific array to highlight bioethics has been obtained, and therefore biosafety, as an independent scientific direction in the context of modern legal biotechnology research and as part of the national security of the state. Scientific novelty. The scientific novelty of this study consists in conducting comprehensive comparative analysis of the process of formation of legal norms for the protection of human rights. These norms are contained in existing international agreements on the development of biotechnology, from the point of bioethics as a component of state biosafety. Thus, the practical sphere of implementation of the results of this study is a modern international lawmaking process that must adequately reflect the most important aspects of the application of modern biotechnology by the states of the international community. These important aspects must form the basis of the international biomedical law and the Code of Bioethics. Moreover, the authors make no claims a comprehensive analysis of the problem posed in their work, since many important aspects need further study.

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 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 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.

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 DIGITALIZATION OF THE JUDICIAL SYSTEM: ANALYSIS OF TRENDS IN THE DEVELOPMENT OF PROCEDURAL LEGISLATION (ON THE EXAMPLE OF DRAFT AMENDMENTS TO THE CIVIL PROCEDURE CODE OF THE RUSSIAN FEDERATION)

2020 ◽  
Vol 16 (4-2) ◽  
pp. 28-39
Author(s):  
Айсылу Гаймалеева
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Modern World ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Legal Norms ◽  
Global Trend ◽  
Coronavirus Infection ◽  
The Russian Federation

The sphere of justice has also been affected by the global trend of universal digitalization. In view of a threat facing the world in the form of the new coronavirus infection COVID-19, as well as restrictions on access to court buildings in 2020, the initiative to amend the procedural legislation is relevant and timely. These amendments concern equalizing the legal status of written documents and electronic documents, about the methods of notifying the persons involved in the case, about the use of systems that allow the court and the parties to participate in proceedings remotely, while observing all procedural norms. The article attempts to study the trends in the development of civil procedural legislation, guided by the draft law, which was submitted for discussion by the Ministry of Justice of the Russian Federation on October 19, 2020. Purpose: to analyze trends in the development of civil procedural legislation in the modern world. Methods: the author uses empirical methods of comparison, description, interpretation and theoretical methods of formal and dialectical logic. Special scientific methods are used: legal-dogmatic and the method of interpreting legal norms. Results: the analysis of the draft law reveals some positive and some controversial points that are subject to clarification and more detailed disclosure if it were adopted. The position of researchers studying the issues of informatization of justice is reflected, the prospects for the development of the judiciary in the field of further digitalization are indicated.

scholarly journals Conceptual Issues of the Goals of Punishment

2021 ◽  
Vol 15 (2) ◽  
pp. 370-380
Author(s):  
IVAN V. DVORYANSKOV
Keyword(s):  
Social Justice ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Current Form ◽  
Scientific Methods ◽  
Legal Norms ◽  
Dialectical Approach ◽  
Legal Nature ◽  
The Russian Federation ◽  
Conceptual Foundations

Introduction: the article considers the goals of punishment, their essence, evolution, and modern legal and doctrinal interpretation; these issues are among fundamental problems of penitentiary science. Aim: to study the legal nature, social conditionality, and achievability of the goals of punishment so as to identify their compliance with the modern criminal policy of Russia. Methods: the research is based on a dialectical approach to the study of social processes and phenomena. We use methods such as analysis, synthesis, comparative legal, retrospective, formal legal, logical, comparative methods; all of them are commonly used by the sciences of criminal law and criminology. We also apply private scientific methods such as the legal-dogmatic method and the method of interpretation of legal norms. Results: we conclude that the time has come to change the conceptual foundations on which the institution of the goals of punishment is based. We believe it is necessary to prevent crimes by combining criminal responsibility with education and prevention. The level of recidivism, the empirical non-verifiability of reformation, and the scientific inconsistency of the phrase “restoration of social justice” (how can we restore what should be an unshakable axiological guideline?) indicate that Russian penology should radically revise the existing punitive paradigm. The paper substantiates the thesis that no goal of punishment in the current form is fully achievable. It is known that general prevention is based on fear. However, according to criminological studies, those who are inclined to commit crimes, as a rule, are not afraid of punishment (their contempt for punishment, law and society as a whole is obviously cultivated by the criminal subculture). And law-abiding people do not commit crimes because of their inner beliefs, upbringing and culture. Thus, general prevention as a goal is ineffective. Reformation and special prevention are too formalized and do not assume scientifically verifiable (at least, legally enacted) criteria for their achieving, that is, the state of reformation itself. With regard to the restoration of social justice, this formulation seems absurd due to a misunderstanding of justice as such. In our opinion, it is an objectively established axiological system, which essentially cannot be violated by a crime, but represents a standard and a measure of evaluation. It is for a reason that it is legally defined as a requirement for a court sentence in the Criminal Procedure Code of the Russian Federation. The goal of punishment ultimately consists in the punishment itself and in the implementation of its functions (punishment, retribution, public condemnation of the crime, protection of society from criminal encroachments). Conclusions: the present research has substantiated the necessity to carry out a legislative reform of the concept of the goals of punishment. We find this problem quite relevant, because the effectiveness of judicial and penal enforcement activities and the fate of meaningless financial costs for achieving unattainable goals depend on finding a solution to it. Keywords: punishment; goal; efficiency; restoration of social justice; crime prevention; general and special prevention; reformation of convicted persons; criminal policy; conceptual foundations

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