Transformation of the ethos of legal science in terms of cyclogenesis of the Russian state legal system

2020 ◽  
pp. 26-31
Author(s):  
Roman Romashov
Keyword(s):  
Legal System ◽  
Legal Science ◽  
Russian State

scholarly journals СТАНОВЛЕННЯ ПАРАДИГМИ МІЖНАРОДНОГО ПРОЦЕСУАЛЬНОГО ПРАВА У ПОСТРАДЯНСЬКІЙ ПРАВОВІЙ НАУЦІ

2019 ◽  
Vol 13 ◽  
pp. 159-165
Author(s):  
Т. О. Анцупова
Keyword(s):  
Legal System ◽  
Procedural Law ◽  
Legal Science ◽  
International Legal System ◽  
Philosophical Understanding

Домінуючою в сучасній науці міжнародного права пострадянського простору є нау­кова позиція, відповідно до якої ототожнюються «міжнародний судовий (юрисдикційний) процес» і «міжнародне процесуальне право». Автор статті зазначає безперспективність такої позиції для розвитку міжнародної правової системи, схиляючись до загальнофіло-софського уявлення про процес як про комплекс послідовних дій або послідовних, змінюючих один одного, органічно взаємопов'язаних явищ.   The scientific position, according to which «International Legal (Jurisdictional) Process» and «International Procedural Law» are identified is dominated in the modern international legal science on post-Soviet area. The author points out the futility of such a position for the development of the International Legal System, tending to the philosophical understanding of the process as complex sequential, successive, organically interrelated phenomena.

scholarly journals PLACE AND ROLE OF THE THEORY OF STATE AND LAW IN THE SYSTEM OF LEGAL SCIENCES

2021 ◽  
Vol 38 (2) ◽  
pp. 9-12
Author(s):  
L.B. Gandarova ◽  
Keyword(s):  
Legal System ◽  
Public Life ◽  
Legal Knowledge ◽  
Complex State ◽  
Legal Science

The article examines the place of the theory of state and law in the system of legal sciences, and also emphasizes its fundamental role in the system of legal sciences. To substantiate his position, the author investigated the views of authoritative modern domestic legal scholars on the classification of legal sciences. The article identifies the main thematic blocks, which include all legal disciplines. The problems that hinder the development of the theory of state and law as a basic legal science are identified, its methodological nature is noted. It is concluded that without the assimilation of theoretical and legal knowledge, it is impossible to give a correct assessment of the complex state and legal phenomena of public life, to know their essence and purpose, to get an idea of the legal system as a whole

Problem of Consolidation of Legal Status of Personality in the Russian Legal System

10.12737/6581 ◽  
2014 ◽  
Vol 2 (12) ◽  
pp. 0-0
Author(s):  
Зульфия Байниязова ◽  
Zulfiya Bayniyazova
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Present Moment ◽  
Russian Society ◽  
Individual Rights ◽  
Close Attention ◽  
Legal Policy ◽  
Legal Science

The article investigates the issue of consolidation of an individual legal status in the Russian legal system. The author claims that at the present moment an individual legal status is not represented as a consolidated institution of the legal system, and the situation does not meet the needs of the legal life of the Russian society. In this connection the author suggests that a notion of “consolidated individual legal status” should be singled out in the legal science. The characteristics of consolidated individual legal status have been singled out and analyzed in the article. The author also looks into significance of consolidation of individual rights and liabilities. The author emphasizes that the value of the consolidated condition of individual rights and liabilities determines significance of the issue of consolidation of an individual legal status. The author pays close attention to the legal policy; the author claims that legal policy alongside with the legal system must be a phenomenon that fully guarantees legal self-realization of an individual, an opportunity to exercise their rights and freedoms. The author stresses the necessity of an individual legal status as a consolidated legal phenomenon, which is one of the priorities of the Russian legal system.

scholarly journals Regulatory Functions of Administrative Legislation in the System of Public Relations

2019 ◽  
Author(s):  
Andrei Batorovich Rabdanov
Keyword(s):  
Public Relations ◽  
Legal System ◽  
State Power ◽  
Administrative Law ◽  
Present Stage ◽  
Administrative Legislation ◽  
Russian State ◽  
Regulatory Functions

The article discusses the direction of development of the Russian legal system, the managerial character of state power, which is able to provide a development vector of Russian state at the present stage, and a particular regulation of administrative law.

scholarly journals La Libertà di manifestazione del pensiero e la libertà religiosa nelle società multiculturali

2009 ◽  
Keyword(s):  
Legal System ◽  
Religious Freedom ◽  
Legal Systems ◽  
Equal Status ◽  
Legal Science ◽  
Different Cultures ◽  
Open Issues

The balancing of rights of equal status is a question widely debated in all modern legal systems, but the complexity of western societies – increasingly engaged with the interaction of different cultures and traditions – expands its quantitative and qualitative significance immeasurably. The purpose of this book is to appraise the potential intersection between two values that are crucial in every community: religious freedom and freedom of intellectual expression. Specialists in various areas of legal science have been asked to make their contributions on this question, the result of which is a precious mapping of the open issues, convincing solutions and suggestions generated by other legal experiences, in addition to the weaknesses that undermine the legal system in force.

scholarly journals Unity and Differentiation of Types of Legal Proceedings in the Russian Legal System: Grounds and Limits

2021 ◽  
Vol 8 (4) ◽  
pp. 1-5
Author(s):  
Timur Sokolov
Keyword(s):  
Legal System ◽  
Legal Proceedings ◽  
Legal Science ◽  
Key Issues ◽  
Relationship Of ◽  
The Relationship

One of the key issues of modern procedural and legal science is the issue of dividing legal proceedings into types and the relationship of these types with each other. The severity of this issue is explained by the discrepancy between the constitutionally enshrined list of types of legal proceedings and the set of procedural codes. The article discusses approaches to differentiating the types of legal proceedings, developed a criterion for distinguishing between the types of legal proceedings, and also indicates the grounds and limits of the unity and differentiation of the types of legal proceedings.

scholarly journals English Legal Model in the Views of «White» Lawships

2019 ◽  
Vol 15 (3) ◽  
pp. 14-24
Author(s):  
D. R. Zaynutdinov
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
Legal System ◽  
Political Activities ◽  
The Rule Of Law ◽  
Legal Science ◽  
Legal Opinions ◽  
Legal Model

The article discusses the legal views of the «white» lawyers – P. G. Vinogradov and V. A. Maklakova. The focus is on their commitment to the ideals of the English legal model. In the process of research, the author studied some of the theoretical and legal ideas of P. G. Vinogradov and V. A. Maklakova, in which they justified the need to introduce certain elements and institutions of the English legal model into the Russian legal system: the rule of law, strengthening the role of the judiciary, and others. The author also considers the legal-theoretical and political activities of P. G. Vinogradov and V. A. Maklakova during the Civil War in Russia. The relevance and novelty of this work is related to the lack of research in Russian legal science devoted to the analysis of legal opinions of «white» lawyers. The author uses the method of legal hermeneutics, with the help of which the interpretation of the legal views of P. G. Vinogradov and V. A. Maklakova. In conclusion, the work reveals the goal pursued by «white» lawyers, speaking about the need to borrow elements and institutions of the English legal model.

scholarly journals To the question about the historical genesis of patrimonial law of the bashkirs

2021 ◽  
Vol 9 (4) ◽  
pp. 16-20
Author(s):  
Usman Hamidullin
Keyword(s):  
Land Tenure ◽  
Legal System ◽  
The Political ◽  
Historical Sources ◽  
Legal Norms ◽  
Legal Ideology ◽  
Legal Traditions ◽  
Russian State ◽  
Legal Thinking ◽  
Political Conditions

The article discusses the issue of the formation and development of patrimonial law of the Bashkirs before the accession of Bashkiria to the Russian state. Guided by the pluralism of approaches to legal thinking, the author made an attempt to reconstruct the historical genesis of the patrimonial law of the Bashkirs, as well as the sources of this law in the Golden Horde and post-Horde periods. Based on the analysis of general historical sources, Bashkir legends and chronicles, as well as the corresponding Horde legal monuments, the following conclusions are substantiated: firstly, starting from about the middle of the XIV century on the territory of Bashkiria, those social and political conditions that determined the content of the customary legal norms of the patrimonial law of the Bashkirs began to take shape; secondly, due to the influence of the political and legal ideology of "chingizism", the Bashkirs form a legal myth that the tribal law has its source in the establishment of Chinggis Khan; thirdly, in the legal system of the Golden Horde and in the post-Horde Chingizid khanates, which largely inherited the legal traditions of the first, there were no external forms of expression of law, with the help of which direct state sanctioning of the customs of the Bashkirs associated with clan land tenure was carried out. At the same time, it seems that, by the nature of the prescriptions, the khan's shert and tarkhan labels could indirectly sanction the patrimonial law of the Bashkirs.

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