ALIMONY OBLIGATIONS OF PARENTS FOR THE MAINTENANCE OF MINOR CHILDREN AND RESPONSIBILITY FOR THEIR VIOLATION

2020 ◽  
Vol 10 (5) ◽  
pp. 141-146
Author(s):  
LARISA KUDRYAVTSEVA ◽  
Keyword(s):  
Family Law ◽  
Positive Impact ◽  
Good Reason ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Minor Children ◽  
Legislative Changes

The article analyzes various aspects of the institution of alimony obligations between parents and their children, and also establishes some sanctions against law-abiding parents who do not comply with family law. The purpose of the study is to study the features of the legal responsibility of parents who avoid paying alimony in favor of their children for no good reason. The scientific work indicates some of the most important legislative changes in the field of alimony legal relations, which had a positive impact on the legal regulation of this area of family law. The study also suggested some of its own changes to the current legislation.

scholarly journals On the issue of countering the spread of coronavirus disease (COVID-19) by means of administrative and criminal law

2021 ◽  
Vol 1 (15) ◽  
pp. 76-90
Author(s):  
Viacheslav Ivanovych Borysov ◽  
Daryna Petrivna Yevtieieva
Keyword(s):  
Human Rights ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Responsibility ◽  
Main Task ◽  
Criminal Offense ◽  
European Court ◽  
Protection Of Human Rights ◽  
Legislative Changes

The study highlights the dynamics of legislative changes and the current state of legal regulation of administrative and criminal liability for violations of quarantine rules. The shortcomings of the relevant legislative provisions were revealed, in particular, a conclusion was made about the violation of the principle of system-legal coherence of administrative and criminal legislation. Thus, there are issues about the delimitation of the provisions of the administrative provided in the Art. 44-3 of the Code of Ukraine on Administrative Offenses and criminal offenses provided in the Art. 325 of the Criminal Code (in terms of such consequences as the threat of harm, specified in the part 1 of the Article 325 of the Criminal Code of Ukraine). In addition, there is an excessive severity of sanctions in the Art. 44-3 of the Code of Ukraine on Administrative Offenses and their incompatibility with the sanctions of the Art. 325 of the Criminal Code of Ukraine. In the context of the settled case law of the European Court of Human Rights the fine under the part 1 of the Art. 443 of the Code of Administrative Offenses based on its size and subject to appointment may be recognized as corresponding to a criminal offense within the meaning of the Art. 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Another drawback of the legislation is the lack of enshrining a criminal offense for violating quarantine regulations. On the basis of the conducted research it is offered to make changes to norms of the Art. 44-3 of the Code of Administrative Offenses and the Art. 325 of the Criminal Code of Ukraine in order to optimally regulate legal responsibility for violation of sanitary rules and regulations for the prevention of infectious diseases and mass poisoning (Article 325 of the Criminal Code), as well as quarantine rules (the Art. 44-3 of the Code of Ukraine on Administrative Offenses). The main task of such changes is to construct a consistent chain of normatively established offenses in the field of compliance with quarantine rules (administrative offense - criminal offense – non-grave offense – grave offense) with adequate and proportionate responsibility for their commission.

Contractual regulation of custody and guardianship of minor children in modern Russia

2020 ◽  
pp. 101-110
Author(s):  
Nelli Ivanova
Keyword(s):  
Parental Care ◽  
Retrospective Analysis ◽  
Family Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Method ◽  
Legal Nature ◽  
Relevant Topic ◽  
General Scientific ◽  
Minor Children

This work is devoted to a relevant topic in modern Russia related to the placement of children without parental care under custody (guardianship). The aim of the work is to study the features of the legal regulation of contractual custody (guardianship) of minor children in modern Russia. The work is written using general scientific and special methods of cognition: historical, dialectical, formal and logical, empirical. We pay special attention to the comparative legal method, which is due to the purpose and objectives of the study. Based on a brief retrospective analysis, the legal nature of the foster family contract and foster care contract is examined. We substantiate the position that the custody (guardianship) contract, having certain features, has a mixed legal nature. We emphasize that guardianship and custody contracts have elements of both civil law contracts and family law contracts. We analyze the legal nature of remuneration to custodians and guardians. It is concluded that the contractual regulation of custody and guardianship provides the opportunity for more flexible legal regulation of relations on the transfer of a child to a family, allows you to accommodate the interests of both wards children and custodians (guardians).

scholarly journals To the question of efficiency of disciplinary responsibility within the system of public service

2020 ◽  
pp. 13-26
Author(s):  
Marina Borisovna Dobrobaba
Keyword(s):  
Public Service ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Consciousness ◽  
Service Discipline ◽  
Public Officials ◽  
Public Servants ◽  
The Government ◽  
High Level

The subject of this research is the problem of efficiency of disciplinary responsibility within the system of public service. The practice of implementation of the institution of disciplinary responsibility testifies to the fact that the indexes of calling public officials to a disciplinary account in the recent years remain at stable high level, which in turn requires clarification of the causes for such position and determination of ways to eliminate them. The goal of this study consists in the theoretical comprehension of the category of “efficiency” applicable to legal provision of disciplinary responsibility within the system of public service, as well as identification of the components of efficiency of disciplinary responsibility and criteria for assessing efficiency of this legal institution. Operating under the target concept of efficiency of legal responsibility, a conclusion is made that efficiency of disciplinary responsibility within the system of public service represents a legal category that reflects correlation between the result of disciplinary responsibility and its goals by achieving positive impact upon public service relations. It is determined that the components of efficiency of disciplinary responsibility within the system of public service are: efficiency of legal regulation and efficiency of law enforcement practice. The factors impacting the efficiency components include the following: legal consciousness, and legal culture of public servants, and subjects of disciplinary jurisdiction, as well as the state of service discipline within the government apparatus. Assessment of the efficiency of disciplinary responsibility of public servants should be based on criteria such as actual efficiency, substantiation, reasonableness, and usefulness.

scholarly journals ON THE CURRENT STATE OF ADMINISTRATIVE AND LEGAL REGULATION OF THE RUSSIAN FEDERATION IN THE FIELD OF MILITARY ACCOUNTING

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 205-210
Author(s):  
A.L. Borenstein
Keyword(s):  
Russian Federation ◽  
Military Service ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Historical Period ◽  
Careful Study ◽  
Current State ◽  
Constitutional Level ◽  
The Russian Federation ◽  
Legislative Changes

One of the key tasks facing the state in any historical period is the task of ensuring the country’s defense. The security of the population, first of all, depends on its timely, proper and high-quality execution, in connection with which the obligation to undergo military service is enshrined at the constitutional level in the overwhelming majority of states. The Russian Federation is not an exception either, which not only prescribes military service in its main law, but also provides for measures of legal responsibility for non-compliance. In recent years, the sphere of administrative and legal regulation of military registration has undergone significant legislative changes, which indicates the presence of a number of problems and difficulties in it, determines the relevance of the chosen topic and requires its careful study.

PRINCIPLES OF LAW AS A BASIS FOR INTERSECTORAL COOPERATION

2021 ◽  
Vol 11 (3) ◽  
pp. 50-69
Author(s):  
M.Yu. LEBEDEV
Keyword(s):  
Family Law ◽  
Legal Regulation ◽  
Main Mechanism ◽  
Administrative Process ◽  
Legal Principles ◽  
Intersectoral Cooperation ◽  
Procedural Law ◽  
Free Treatment ◽  
Russian Law ◽  
Almost All

In the presented article the problems of interaction between the various branches of Russian law on the basis of legal principles are considered. The author, examining such concepts as “interaction” and “interrelation” states the fact that the issue of interaction of branches of law is considered by almost all researchers only from the position of listing those branches with which their branch of law interacts. At the same time, the construction of branch norms without taking into account the principles of the branch, where and the branch, from which the legal institute is implemented, leads to conflicts. Separate attention in the work is paid to the views of V.A. Riazanovskii and other scholars on the concept of “unity of process” in the context of interaction between the principles of various branches of law. The author examines the interaction of such branches of law as civil procedural law with civil, family law, arbitration and administrative process. The article draws attention to the cases of free treatment of the legislator with the category of “principles of law”, which, in the author’s opinion, leads to significant distortions of the entire branch of law, where principles not inherent in this branch are wrongly implanted. Studying institutes of law as the main mechanism of inter-branch interaction, the author comes to the conclusion about the need for legal regulation of interaction precisely through the principles of a branch of law.

Regulatory relationship on use and environmental protection in the innovative sphere

2021 ◽  
Author(s):  
Olena Savchuk
Keyword(s):  
Sustainable Development ◽  
Environmental Protection ◽  
Innovation Policy ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Main Body ◽  
Environmental Legislation ◽  
Regional Innovation ◽  
Regulatory Relationship

Problem setting. The functioning of legal relations of use and environmental protection is currently regulated by a number of regulations of different legal force and direction. All this legislation is aimed at ensuring a safe environment, stopping the negative climate change caused by industry, agriculture, low energy efficiency of buildings, lack of waste management system, as well as reducing carbon sequestration by the ecosystem. The object of research is the legislation that regulates the legal relationship regarding the use and protection of the environment in the field of innovation. The subject of the study is the state of the regulatory framework and legislative regulation of legal relations regarding the use and protection of the environment in the field of innovation. Analysis of recent researches and publications. Legal relations on the use and protection of the environment in the field of innovation have repeatedly attracted the attention of researchers. In particular, A.P. Hetman considered the issues of environmental and legal component of innovative entrepreneurship, G.V. Anisimova studied issues of environmental and legal aspects of regional innovation system, V.L. Bredikhina in the field of research were issues of legal support of environmental safety in the field of implementation innovation policy. Krasnova M.V. considered the introduction of innovative dominants of sustainable development in the environmental legislation of Ukraine. In addition, the scientific literature analyzed the legal basis for the introduction of innovative technologies in agribusiness (Bakai Yu. Yu.); legal support for the introduction of ecologically oriented innovations in Ukraine (Lebedeva T.M.), ecological innovation management in the mechanism of sustainable development (Zadykhailo D.D.). However, the study that would be aimed at analyzing the legal regulation of the use of environmental protection in the field of innovation was not yet, which prompted us to choose this topic of scientific work. Target of research is to identify and make proposals to current legislation in certain areas. The scientific novelty of the study is to make proposals to consolidate amendments to current legislation and proposals for the development of separate documents to regulate the functioning of legal relations of use and environmental protection in the field of innovation. Article’s main body. The normative-legal acts are researched, the scientific specialized literature is analyzed according to the chosen theme of scientific work. The need to amend the current legislation, the importance of developing regulations aimed at applying existing and developing new mechanisms to ensure the use and protection of the environment in the innovation sphere are identified and emphasized. Conclusions and prospects for the development. After analyzing the legal support for the functioning of legal relations of use and environmental protection in the innovation sphere, we came to the conclusion that today there is an urgent need to develop and implement a special legal act that would establish a set of measures to develop innovation in the use and environmental protection. The purpose of such a document, first of all, should be the mechanism of implementation of previously adopted regulations, expanding access to environmental information of the population, including interaction between scientific and educational institutions, the introduction of modern advanced technologies. As already noted during the dissertation, the issue we are considering goes far beyond just environmental legislation, so it should also be noted that the necessary harmonization of legislation between other institutions of law – economic, civil, tax and more. In addition to the above, I would like to emphasize that the Law “On Environmental Protection, acting as the main legislative document in the field of environmental relations does not enshrine issues of innovation, environmental innovation.

ORGANIZATIONAL AND LEGAL ASPECTS OF VOCATIONAL EDUCATION AND VOCATIONAL TRAINING IN INSTITUTIONS OF THE PENAL SYSTEM

2021 ◽  
pp. 20-24
Author(s):  
Екатерина Викторовна Глебова
Keyword(s):  
Vocational Education ◽  
Russian Federation ◽  
Legal Status ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Educational Process ◽  
Vocational Education And Training ◽  
Scientific Article ◽  
The Russian Federation

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.

scholarly journals IMPLEMENTATION OF LEGAL RESPONSIBILITY I N THE LAW ENFORCEMENT BLOCK OF THE MECHANISM OF LEGAL REGULATION

2020 ◽  
pp. 101-114
Author(s):  
И.А. Кузьмин
Keyword(s):  
Theoretical Model ◽  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Remedies ◽  
The Law ◽  
Problematic Situations

В статье приводятся промежуточные результаты исследования вопросов реализации юридической ответственности. Сформулированы подходы к пониманию механизма правового регулирования и его содержания. Установлены закономерности взаимодействий между правовыми средствами в процессе реализации юридической ответственности. Предложена общетеоретическая модель реализации юридической ответственности в правоохранительном блоке механизма правового регулирования. Проанализированы проблемные ситуации, при которых нарушаются принципы юридической ответственности и разрушаются системные связи между правовыми средствами. Annotation: The article presents the interim results of research on the realization of legal liability. Approaches to understanding the mechanism of legal regulation and its content are formulated. The patterns of interactions between legal remedies in the process of realization legal liability have been established. A general theoretical model of the realization of legal liability in the law enforcement block of the mechanism of legal regulation is proposed. The author analyzed problematic situations in which the principles of legal liability are violated, and the cases in which the systemic connections between legal remedies are destroyed.

scholarly journals Legal Issues of Assisted Reproduction- the Albanian Perspective

2014 ◽  
Vol 1 (1) ◽  
pp. 179
Author(s):  
Jonada Zyberaj
Keyword(s):  
Assisted Reproduction ◽  
New Technologies ◽  
Family Law ◽  
Legal Issues ◽  
Legal Issue ◽  
Constitutional Rights ◽  
Human Right ◽  
European Court ◽  
Legislative Changes ◽  
State Liability

Assisted reproduction was provided in Albania as an alternative way of reproduction by the "Reproductive Health" law of 2002. This law is an attempt to give the possibility of access in new technologies of reproduction as surrogacy, heterologues and homologues artificial reproduction to infertile persons, but since the enter into force of this law no further provisions has been made to regulate the procedures and the consequences coming from its applicability. The issue of assisted reproduction is still a subject of debate and of legislative changes as it is still not completely regulated by law. in this important issue, constitutional rights of different individuals, different interests and family law principles are involved. Ethical, scientific and legal factors are those which should be taken into consideration by the legislator in the attempt to make further legislative provisions. This paper analyses the few provisions on the assisted reproduction in the Albanian legislation. As a concept which implicates many institutions in different fields, the paper aims to give the Albanian perspective on different legal issues related to the topic. The reproductive right as human right and the state liability to ensure it through the health care system should be analyzed according to the Albanian Constitution and the European Court of Human Rights. The consequences of the ART on the family law is another legal issue with which the Albanian legislator has to deal with as the implementation of the techniques on assisted reproduction was not accompanied by the necessary changes in the provisions of family law. The legislations of different European countries which have the best experiences on the field will be put face to face and compared in order to give the best practices.

scholarly journals Economic dimensions and legal regulation of the recovery of alimony obligations for the support of minor children in Russia

2021 ◽  
Vol 8 (4) ◽  
pp. 640-652
Author(s):  
Yulia Artemyeva
Keyword(s):  
Regression Models ◽  
Well Being ◽  
Legal Regulation ◽  
Opportunity Costs ◽  
Economic Factors ◽  
The Family ◽  
The Usa ◽  
Minor Children ◽  
Integral Indicator

The research aims to substantiate economic factors and legal regulation of alimony obligations for minors’ maintenance in Russia, referring to other countries’ experiences and applying a questionnaire, indicators of the parents’ well-being, the satisfaction of the child’s needs, and parents’ participation in raising a child after a divorce was determined as can be seen in Russia, the USA, Germany, and France. Regression models are built reflecting the influence of the number of alimony payments, the indicator of parent’s participation in raising a child, the opportunity costs associated with the choice made by each spouse in favor of the family and children, on the integral indicator of the effectiveness of alimony obligations and its particular indicators. The results obtained have determined the guidelines for forming legal regulation of alimony obligations in Russia, which will increase the legislative efficiency of the recovery of alimony payments

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