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 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 Interaction between the state migration service and the national police – an important guarantee of human rights

2021 ◽  
pp. 29-38
Author(s):  
Valeriia Golub
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Migration Policy ◽  
The State ◽  
Public Order ◽  
Constitutional Rights ◽  
Joint Work ◽  
Law Enforcement Agencies ◽  
The Law ◽  
National Police

The study is devoted to the problem of the need to increase the efficiency of the law enforcement system of Ukraine, its institutions such as the State Migration Service of Ukraine and the National Police of Ukraine. The article considers one of the areas of intensification of the system of the Ministry of Internal Affairs - the organization of their interaction, namely: a comprehensive approach to the state to ensure the constitutional rights and freedoms of man and citizen in Ukraine, effective measures to ensure public order and public security. Emphasis is placed on the need to take further steps to strengthen the interaction between the National Police and the State Migration Service, study and use in this process the positive experience of the law enforcement system of Ukraine. Appropriate measures are proposed for more effective cooperation between the State Migration Service and the National Police in ensuring human rights and freedoms in Ukraine. Considering the experience of the results of joint activities of the SCSU and the NPU on the protection of constitutional human rights and freedoms in the Kharkiv region, the study provides sound proposals for further and more effective promotion of such forms of work. The article provides examples of practical results of joint work of the SCSU and NPU, which confirm the feasibility of establishing cooperation in the functioning of these law enforcement agencies. The situation in the country with the protection and realization of the rights of some categories of foreign citizens and stateless persons staying on the territory of Ukraine is also analyzed. The study examines the current situation in the country with the protection of refugee rights, highlights the factors that force society and government agencies that determine migration policy in Ukraine, to pay attention to this, to focus on the factors and consequences of these violations. Keywords: National Police of Ukraine, State Migration Service of Ukraine, interaction, law enforcement body, human rights, migrant, refugee, public safety, public order.

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 SOME FACETS OF INTEGRATION IN THE MODERNIZATION OFTHE CIVIL PROCESS

2018 ◽  
pp. 13-24
Author(s):  
Z.K.Ayupova ◽  
Kussainov D.U ◽  
Winston Nagan
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Civil Process ◽  
Governmental Organizations ◽  
Procedural Law ◽  
Non Governmental Organizations ◽  
Protection Of Human Rights ◽  
Substantive Law

The rules of procedural law regulate the jurisdictional, i.e. law enforcement process, which is carried out in the form of law enforcement by specially authorized bodies (court, Prosecutor’s office, police, etc.) in cases of crimes and other offenses or in disagreements, i.e. when the subjects of legal relations cannot come to an agreement on their rights and obligations and apply to the court. Procedural law can be defined as a set (system) of legal norms, governing the procedure, the form of jurisdictional law enforcement activities of the competent state bodies on officials, aimed at the implementation of the norms of various branches of substantive law. Law enforcement in procedural law is carried out with the assistance of law enforcement agencies. The activities of the state and its bodies cover many areas of state and public life. One of the central places in this implementation of the tasks, law and order in law-abiding state with the protection of human rights and freedoms, protection of the rights and interests of the state and non-governmental organizations, labor collectives, combating crimes and other offenses. The development of law-abiding stateis one of the main aims of our society.

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 New priorities of Russia’s migration policy

2020 ◽  
Vol 2020 (1) ◽  
pp. 183-188
Author(s):  
Alexey Popov ◽  
Elvira Mamontova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Migration Policy ◽  
The State ◽  
Demographic Development ◽  
Law Enforcement Agencies ◽  
State Program ◽  
The Russian Federation ◽  
The Law ◽  
Labor Resources

The article deals with the problems of implementing Russia’s migration policy at this stage of the country’s socio-economic and demographic development. It is emphasized that in the conditions of natural loss of the Russian population and reduction of migration growth, the role and importance of the State program to assist the voluntary resettlement of compatriots living abroad to the Russian Federation are increasing. In order to meet the challenges of replenishing the permanent population and labor resources of Russia, migration legislation is being improved. recently, a Federal law and three presidential Decreeshave been adopted that simplify the procedure for acquiring Russian citizenship for compatriots. The article analyzes the law enforcement practice of regional authorities of the Russian Federation in relation to participants of the State program to assist in the voluntary relocation of compatriots living abroad to the Russian Federation. The author emphasizes the need to change the law enforcement practice of local administrative and law enforcement agencies in the field of migration, to eliminate unjustified rigidity and bureaucratic red tape in relation to displaced compatriots. A number of proposals have been developed to improve Russia’s migration policy in order to increase the attractiveness for compatriots of the State program to assist in the voluntary relocation of compatriots living abroad to the Russian Federation, as well as to increase the importance and priority for local administrative and law enforcement agencies of the Russian Federation of assisting displaced compatriots in solving problems of their settlement.

scholarly journals About the Main Directions of Activity of Services and Divisions of the Penitentiary System and Internal Affairs Bodies in Countering Extremism and the Terrorist Threat at the Present Stage: Strategies and Methods of Prevention

2020 ◽  
Vol 8 (SPE2) ◽  
Author(s):  
Nikolay V. Rumyantsev ◽  
Salikh Kh. Shamsunov ◽  
Maxim Yu. Taraso
Keyword(s):  
Law Enforcement ◽  
Functional Model ◽  
Public Organizations ◽  
The State ◽  
Law Enforcement Agencies ◽  
Terrorist Threat ◽  
Scientific Methods ◽  
Internal Affairs ◽  
The Difference ◽  
High Level

The relevance of the problem under study is due to the need to organize preventive work to counter extremist activities and terrorist threats in the country, implement measures to form the population's anti-terrorist consciousness, improve measures of an informational and propaganda nature and protect the information space of the State from the ideology of extremism and terrorism. The purpose is to find new solutions and to develop a structural and functional model aimed at preventing and countering the spread of religious extremist and terrorist activities on the territory of the State by the services and divisions of the Federal Penitentiary System of Russia (FPSR) and the Ministry of Internal Affairs of Russia (MIA of Russia) and other law enforcement agencies, state and public organizations, as well as a closer interaction of these organizations in the fight against destructive associations. The methodological basis of the research is made up of general scientific methods (dialectic and system-structural) and specific scientific methods of cognition (sociological and statistical). The theoretical basis is the work of domestic and foreign authors in the context of the problem being studied. The article presents the directions that can effectively solve the tasks set to law enforcement bodies and the penitentiary system, the goals of which are the prevention and counteraction of religious extremism and the terrorist threat, the need for additional work on training personnel, not only from among the employees of services and divisions of law enforcement agencies, but also state and public organizations, educational institutions responsible for organizing work in this direction, religious figures (clergy) who devoted themselves to church service. In addition, the problems of counteracting the activities of destructive religious organizations are reflected, which are: high level of confidentiality of the organizations; a thorough check by them of new members of the organization; fanaticism of members of a destructive religious organization and, as a result, the denial of any dissent; a high level of mutual distrust of the employees of the penal system, law enforcement agencies and persons serving sentences, as well as the lack of the necessary knowledge of religious norms about the difference between extremist ideologies and traditional religious teachings; insufficient information interaction between law enforcement agencies. It is aimed at the need to focus efforts to intensify the activities of the services and units of the penitentiary system, Internal Affairs bodies and other law enforcement agencies and public organizations on the prevention of extremist and terrorist activities, as well as the training of qualified personnel for work in this direction.

scholarly journals Grounds for Criminalistic Classification of Crimes against Human Life and Health Committed by Convicts Serving Imprisonment Sentences in Places of Deprivation of Liberty

2021 ◽  
pp. 886-895
Author(s):  
Nikolai Shurukhnov ◽  
Oleg Dechkin
Keyword(s):  
Human Life ◽  
Correctional Institutions ◽  
Empirical Methods ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Theoretical Methods ◽  
Intentional Injuries ◽  
Before And After ◽  
General Scientific

Introduction: the article considers grounds for criminalistic classification of crimes causing intentional injuries committed by convicts serving sentences in places of deprivation of liberty. Purpose: based on the analysis and generalization of theoretical and practical materials, an attempt is made to formulate the most characteristic grounds for the criminalistic classification of the analyzed criminal acts and reveal their contents. Methods: the dialectical method of cognition, general scientific methods of analysis and generalization, empirical methods of description, interpretation; theoretical methods of formal and dialectical logic are used in the research. Results: the article reveals in detail the content of general (territory, situation, community of correctional institutions; prevalence of informal norms of behavior in places of deprivation of liberty, which most convicts adhere to) and private grounds (specifics of personality traits of a criminal, victim and witnesses; specifics of behavior before and after crime commission) for classification of crimes that make up the group for which the investigation method will be worked out. Conclusions: based on the available research, which highlights the universal basis – the criminal legal object, it is concluded that there are two groups of grounds (general and special) for classification of crimes causing intentional harm to life and health committed by convicts serving imprisonment sentences.

scholarly journals Methods of interaction of the state border service of Ukraine with other law enforcement authorities

2021 ◽  
Vol 66 ◽  
pp. 123-128
Author(s):  
I.I. Baidyuk
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Information Support ◽  
Universal Method ◽  
Coordination Control ◽  
Illegal Migration ◽  
Law Enforcement Agencies ◽  
Economic Methods ◽  
Forecasting Method

The article is devoted to defining the concept and methods of interaction of the State Border Guard Service of Ukraine with other law enforcement a. The meaning of the concept of "methods" is revealed. It is proposed to understand the methods of interaction of the State Border Guard Service of Ukraine with other law enforcement agencies as a set of tools used by these entities within the current legislation to organize and maintain relations between them to ensure border security, prevent smuggling, illegal migration and transnational crime. Features of such administrative methods of management as regulatory, administrative and normative are considered. It is noted that regulatory methods take place in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. It is determined that persuasion as a universal method of management in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities is absent, and an example of the method of coercion is liability for non-compliance with acts of the State Border Guard Service of Ukraine. Such organizational methods in interaction of the State Border Guard Service of Ukraine with other law enforcement authorities as planning, forecasting, method of information support, method of decision making, methods of organizing the implementation of decisions and monitoring their implementation, methods of instructing and work with personnel are singled out. Emphasis is placed on economic methods in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. The results of the survey show the problems in the use of methods of legal regulation, prohibitions, coercion, coordination, control in the management of the State Border Guard Service of Ukraine, which affect the effectiveness of its interaction with other law enforcement authorities and should be studied separately.

Sign in / Sign up

Export Citation Format

Share Document