scholarly journals General theoretical problems of determining the object of constitutional regulation of public relations and its types in the Russian Federation

2019 ◽  
pp. 180-185
Author(s):  
Rashit G. Nurmagambetov ◽  
Valeriy S. Popov
Keyword(s):  
Civil Rights ◽  
Theoretical Analysis ◽  
Public Relations ◽  
Constitutional Law ◽  
Common Ground ◽  
Legal Literature ◽  
The Subject ◽  
The Russian Federation ◽  
Points Of View ◽  
The Individual

A theoretical and legal study of problematic issues concerning the subject of constitutional regulation is important for the science of constitutional law, and it allows to eliminate the prevailing uncertainty in this matter. As a result of a theoretical analysis of scientists' points of view, the author comes to the conclusion that in its root essence the expediency of addressing the issue of the subject of constitutional regulation is explained by the uncertainty in understanding the essence of the analysed concept in the legal literature. The author believes that the "object of constitutional regulation" and "the subject of constitutional regulation" are different concepts with common ground. The author’s position is proposed to include the principles of constitutional law, the benefits of tangible and intangible nature, digital values of the individual, society and the state, including human and civil rights and freedoms, sovereignty and independence of state power, legal interests, – in the category "object of constitutional regulation". It is they which characterise the special sphere of relations, the sphere of constitutional influence, precisely revealing the content of the "object of constitutional regulation", its volume.

scholarly journals The Russian Federation as a subject of defamatory civil law relations during the formation of the digital economy

2021 ◽  
Vol 106 ◽  
pp. 02002
Author(s):  
Alexey Telnov
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Russian State ◽  
Material Goods ◽  
The Subject ◽  
The Russian Federation

The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).

scholarly journals THE LEGAL PROBLEMS OF ESTABLISHING THE ADDITIONAL GUARANTEES OF REALIZATION OF CONSTITUTIONAL HUMAN AND CIVIL RIGHTS AND FREEDOMS BY THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

2018 ◽  
Vol 1 (4) ◽  
pp. 87-95
Author(s):  
Alexander Chuklin
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Theoretical Analysis ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Practical Significance ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

The subject. The article focuses on the need to improve legislative and law enforcement activities related to the consolidation of constituent entities of the Russian Federation additional guarantees of realization of constitutional human and civil rights and freedoms.The purpose of the article is to identify main ways of improvement the legal regulation additional guarantees of realization of constitutional human and civil rights and freedoms by the constituent entities of the Russian Federation.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method.The results and scope of application. The lack of unity in understanding the essence of additional guarantees of realization of rights and freedoms requires not only theoretical analysis of this legal category, but a consistent system of the legislation, and corresponding to the system of law enforcement practice. The legal establishment of the additional guarantees of realization of constitutional human and civil rights and freedoms, due solely to the will of the legislator of a constituent entitiy of the Russian Federation aimed at the concretization of constitutional rights and freedoms as well as of the security mechanisms (legal conditions, means) of the implementation of these rights. Features of development of the corresponding constituent entitiy of the Russian Federation should be taken into account.One of the main directions of improvement of legal regulation in this field is legislative recognition of additional guarantees of realization of constitutional human and civil rights and freedoms established by the constituent entities of the Russian Federation. This concept should be reflected in the Federal law of October 6, 1999 No. 184-FZ "On General principles of organization of legislative (representative) and executive bodies of state power of constituent entities of the Russian Federation", as well as in the constitutions (charters) of constituent entities of the Russian Federation. The consolidation of this concept in the legislation will be the impetus to the theoretical analysis of this legal category, and will ultimately contribute to the improvement of the legal status of the individual.Conclusions. Improvement of regional legal policy in the sphere of establishment additional guarantees of realization of constitutional human and civil rights and freedoms by subjects of the Russian Federation has great practical significance and contributes to the theoretical knowledge of the specified legal category.

scholarly journals CONTENT, IMPLEMENTATION AND PROTECTION OF A CHILD’S RIGHT TO A NAME (ACCORDING TO LEGISLATION OF UKRAINE AND THE RUSSIAN FEDERATION)

2021 ◽  
pp. 136-144
Author(s):  
K. M. Huseynova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Capacity ◽  
Name Change ◽  
The Subject ◽  
The Russian Federation ◽  
Points Of View ◽  
The Right ◽  
To Receive

The purpose of this article is to determine the characteristics of the content, implementation and protection of a child’s right to a name in accordance with the legislation of Ukraine and the Russian Federation. The author analyzed the relevant provisions of the current civil and family legislation of Ukraine and the Russian Federation, established the points of view of legal scholars on the issues that make up the subject of the study, made proposals to improve the legal regulation of public relations related to the implementation and protection of a child’s right to a name in Ukraine. The conclusion is justified that the child’s right to a name is an independent subjective personal non-property right, the content of which includes the right to receive a name, change (replace) the name, use and protection of the name. According to the legislation of Ukraine and the Russian Federation, the realization of these rights is possible by the holder of this right himself – the child only in cases expressly provided for by the current legislation. In other cases, these powers shall be exercised by the parents of the child (other legal representatives or authorized bodies) in the interests of the last. Attention is drawn to the fact that the law gives the child the right to submit an application to change (replace) the name only from a certain age (16 years in Ukraine, 14 years in the Russian Federation). It is proposed that the Ukrainian legislator change this approach to “linking” to the volume of civil legal capacity of minors, when with reaching the age of 14, the child is granted the right to perform legally significant actions with the consent of legal representatives.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

scholarly journals Constitutional reform 2020 and problems of protection of rights and freedoms of human and citizen in Russian Federation

2021 ◽  
Vol 39 (3) ◽  
pp. 47-51
Author(s):  
N. А. Gazimagomedova ◽  
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Constitutional Law ◽  
Federal District ◽  
Constitutional Reform ◽  
The North ◽  
The Russian Federation

The article discusses the problems of further improving the theory and legislation of constitutional law, as well as the practice of ensuring and protecting human and civil rights and freedoms in the Russian Federation based on the novels of the constitutional reform of 2020. All-Russian requirements in the regions of the North Caucasian Federal District.

O VIDOVDANSKOM USTAVU IZ NEKOLIKO PERSPEKTIVA

2021 ◽  
Author(s):  
Aleksa Nikolić ◽  
Keyword(s):  
Constitutional Law ◽  
Legal Analysis ◽  
Before And After ◽  
The Subject ◽  
Points Of View ◽  
The Creation

From the creation until the adoption of the Constitution of 1921 (the so-called Vidovdan Constitution), the Kingdom of Serbs, Croats and Slovenes wandered aimlessly in the constitutional provisional for almost three years. The Vidovdan Constitution finally established some kind of legal organization of the newly formed state. However, the subject of this paper will not be the analysis of social and political circumstances before and after the adoption of the Vidovdan Constitution, but the author will analyze different views on the Vidovdan Constitution from the pens of the most important Serbian, Croatian and Slovenian constitutional lawyers. In that way, through a comprehensive comparative legal analysis, a big step will be made towards shedding light on all the problems that burdened the newly formed kingdom from the start, and which were a stumbling block in building stable relations between Serbs, Croats and Slovenes. Based on the analysis of the mentioned different points of view on the Vidovdan Constitution, the author will point out the most controversial elements of the biggest names in the constitutional law of Serbia, Croatia and Slovenia and report certain conclusions about the nature and character of the Vidovdan Constitution.

A Comparative Study of the Protection of Civil Rights: The Civil Codes of CIS Countries

2002 ◽  
Vol 28 (2) ◽  
pp. 167-182
Author(s):  
Keyword(s):  
Civil Rights ◽  
Comparative Method ◽  
Soviet Period ◽  
Model Code ◽  
Progressive Development ◽  
The Subject ◽  
The Russian Federation ◽  
Civil Codes ◽  
Cis Countries ◽  
In Cis

AbstractThis article is devoted to an examination of the civil law means for protecting subjective civil rights. The subject matter of this study are the provisions of the several civil codes that have been promulgated in the countries of the CIS in the post-Soviet period. The effort to harmonize private law in the region has given rise inter alia to several pieces of model legislation, perhaps the most notable of which is the CIS Model Civil Code.The use of the comparative method allows the author to trace the progressive development of the civil codes—and the model code—of countries in the CIS; this also enables the author to consider whether there are any gaps or codification hiatuses in the Civil Code of the Russian Federation. In doing so, the author points to those issues that, in her view, are relevant for court practice. As part of her consideration of this subject, the author has compiled a comparative table of relevant provisions of most of the civil codes in CIS countries.

scholarly journals About some questions of dissolution of legislative bodies of subjects of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 106-113
Author(s):  
Людмила Тхабисимова ◽  
Ludmila Thabisimova ◽  
Эльман Ахъядов ◽  
Elman Akhyadov
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
State Power ◽  
The Body ◽  
Early Termination ◽  
Legal Responsibility ◽  
Legislative Body ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article examines the issues of dissolution of the legislative body of the subject of the Federation. Attention is drawn to the fact that the institution of dissolution is an institution of constitutional law, and when the legislative body is dissolved, it is not responsible to the body or official who decided to dissolve it, but to the population, its voters. On the basis of the study it is concluded that it is necessary to Supplement the list of grounds for early termination of the powers of the regional Parliament, as a measure of constitutional and legal responsibility, by including such grounds as the loss of voter confidence. The question of the need to empower the population of the subject of the Russian Federation with the right to decide in a referendum on the dissolution of the legislative (representative) body of state power of the subject of the Russian Federation.

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