scholarly journals On the legal feignfullness in the sanitary and epidemiological sphere against the background of the COVID-19 pandemic

2021 ◽  
Vol 27 (3) ◽  
pp. 228-234
Author(s):  
Irina P. Bakulina ◽  
Dmitry A. Kirillov
Keyword(s):  
The State ◽  
Negative Consequences ◽  
Social Tension ◽  
Social Nature ◽  
Legal Nature ◽  
State And Society ◽  
The Supreme Court ◽  
Long Time ◽  
The Russian Federation ◽  
Legal Restrictions

Sanitary and epidemiological processes against the background of the COVID-19 pandemic have confirmed the prevalence of legal feignfullness in Russia. For a long time, legal feignfullness has been officially mentioned only in the Civil Code of the Russian Federation and has been assessed by the state and society quite neutrally. The assessment has not changed much even with the recent introduction of administrative responsibility for feigned accounting, although the nominally in this branch of law assessment of legal feignfullness has become negative. Against the background of anti-COVID sanitary and epidemiological measures, the neutral attitude of society to legal feignfullness changed to a negative one and coincided with administrative and legal negative assessment of legal feignfullness. This makes it topical to eliminate the negative consequences of legal feignfullness in the sanitary and epidemiological sphere; to determine the legal means of blocking conflict-causing factors; to prevent new manifestations of legal feignfullness. It is revealed that the high alert mode is largely feigned, covers up a “hybridˮ regime of a dubious legal nature with an unreasonable amount of legal restrictions and insufficient state guarantees. The interpretation of the Presidium of the Supreme Court worsens, in comparison with the law, the legal fate of persons brought to justice for violating the “anti-COVIDˮ rules. All this generates social tension and distrust of the anti-pandemic measures of the state as feigned ones. The article contains recommendations for neutralising the consequences of legal feignfullness. In addition, the increase in social tension against the background of the COVID-19 pandemic further demonstrated the existence of feigned legal phenomena of a general social nature, in particular, in the areas of federalism, legality, as well as solidarity of the state and society.

scholarly journals Who benefits from corruption in courts

2020 ◽  
pp. 440-446
Author(s):  
Vasyl Sirenko
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Effective Means ◽  
The State ◽  
Law And Order ◽  
Social Nature ◽  
State And Society ◽  
The Supreme Court ◽  
Integral Element ◽  
Democratic Rule

The article covers the issues of preventing and combating corruption in the judiciary. It is noted that corruption in the judiciaryharms the state the most, because law and order in the state and society depend on the proper functioning in this area. The existence ofa democratic, rule-of-law and social state is impossible without a fair and objective court. Bribery should be considered the essentialbasis of corruption. By its social nature, corruption is a biological and social phenomenon.The author’s vision of combating corruption in courts is based on the theory of interest, as corruption in its formation and realizationuses the same mechanism as interest. Questioning who benefits from corruption in courts, the author believes that it is supportedby those who seek to satisfy their needs and interests through the acts of corruption of judges.The most effective means of combating corruption in courts should be the detection of a corruption judgement through the systemof control and the inevitability of punishment for acts of corruption.It is argued that eradicating corruption in courts will contribute to the introduction of precedent character of the Supreme Courtdecisions and the introduction of a revision form of appeal against judgements. Guided by a precedent decision, a judge will not be ableto legitimize arbitrariness. It is proposed to create special structures endowed with the rights of the Plenum of the Supreme Court todevelop precedent decisions on certain categories of cases in various branches of law.Emphasis is placed on the weak development in effective legislation of Ukraine of the mechanism of legal liability of judges, theimperfection of the means of detecting illegal judgements made by specific judges; the lack of tools for prompt response to judges’offenses.It is noted that the institution of judicial unlimited term of office has largely contributed to the formation of corruption in courts.Only a system of justice making a judge dependent on mandatory requirements for a particular offense can help eradicate corruption incourts. The precedent character of decisions of the Supreme Court must be an integral element of such a system. Such a system hasbeen tested for decades in other countries. It can become an effective anti-corruption program for combating corruption in Ukrainianjudiciary.

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

scholarly journals Problems of defining legal concepts in laws and other normative legal acts

Legal Ukraine ◽  
2020 ◽  
pp. 30-41
Author(s):  
Volodymyr Klochkov
Keyword(s):  
The State ◽  
Legal Concept ◽  
Legal Norms ◽  
Legal Nature ◽  
State And Society ◽  
Word Representation ◽  
The Law ◽  
Definition Of ◽  
Legal Concepts ◽  
Laws And Regulations

Each legal concept has not only content (content), but also a form. The form requires compliance with the rules for the definition and construction of concepts. Improving legal terminology is impossible without deep development and observance of the rules of analysis and the precise construction of the conceptual apparatus. Gaps in legislation and regulations are derived from inaccuracy, lack of clarity and simplicity of conceptual constructions. The inconsistency of certain legal norms found in various laws and regulatory legal acts, the inconsistency of norms with the prevailing realities of legal life in the state and society impede the fulfillment by state authorities, including law enforcement, of their functional responsibilities. Mistakes made in the preparation of draft laws and regulations, methodological recommendations mainly boil down to the violation of the requirements of the unified laws of logic: the law of identity, the law of contradiction, the law of the excluded third and the law of sufficient reason. The use of inappropriate terminology causes complications in the application of legal norms. The Constitution of Ukraine assigns to the prosecutor the function of representing the interests of a citizen or state in court in cases specified by law. The term representation is not exactly chosen. The word "representation" means: the performance of the duties of a representative; an institution representing the interests of someone; elections, as well as the law, the procedure for the election of representatives to any bodies; representation is a legal relationship in which one party (representative) is obligated or entitled to make a transaction on behalf of the other party that it represents; representation means activity on behalf of someone, on behalf of a person. By its legal nature, a representative can only be authorized for transactions that the person he represents is entitled to carry out. The representation of the prosecutor's office in court is specific, since this body does not need instructions, contracts or other documents. The prosecutor or his deputy should act not on behalf of someone, but on behalf of the state in favor of the person and citizen, state or society, within the limits established by law. In the legislation there is a conflict (conflict) in the law regarding the term «representation». To eliminate such a conflict, it is necessary to amend the Law of Ukraine «On the Prosecutor's Office». Key words: definition of concepts, laws and regulations, accuracy, clarity, brevity of terms.

scholarly journals Terror as a Tool of Stalin’s Rule Book Review: Syrykh VM. The Legal Nature of Stalin’s Terror: In Compliance with the Directives of the Party, but Contrary to the Law. Moscow: Yurlitinform Publ.; 2020

Lex Russica ◽  
2021 ◽  
pp. 146-155
Author(s):  
V. G. Baev ◽  
A. N. Marchenko
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
The State ◽  
State System ◽  
Legal Scholar ◽  
Soviet People ◽  
Legal Nature ◽  
The Russian Federation ◽  
Legal Theorist

The paper provides for a critical analysis of the monographic work by famous Marxist legal scholar, Doctor of Law, Professor, Honored Scientist of the Russian Federation Vladimir M. Syrykh. As known, there are a lot of works investigating the crimes of Stalinist politics based on open sources that have become available to scientists. Prof. Syrykh cultivates a different, legal view of the activities of Stalinist leadership. As a legal theorist and methodologist, he set himself the goal of analyzing the legal nature of Stalin’s repressive policies and his associates in the 1930s-1950s. The researcher concluded that Stalin’s leadership in the process of building the socialist state turned away from the requirements of the constitution and Soviet legislation, acted contrary to law, replacing it with Directives, which can be qualified as undermining the state system.Reviewers praise the work by Vladimir M. Syrykh, sharing many of his submissions. As reviewers see, the author’s intention was to purge the very idea of socialism from the distortions and perversions brought by Stalin. According to the author, Stalin perverted the creative nature of Marxism and Lenin’s legacy. However, the authors of the review indicate that the policy of terror against the Soviet people coincides with the period of Stalin’s rule, which gives grounds to Prof. Syrykh opponents to claim: 40 years of socialist construction involved violence, coercion and killing thousands of people. The book under review is written to counter such claims.

ASSESSMENT OF THE MAIN INDICATORS OF FINANCIAL SECURITY OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 1 (9) ◽  
pp. 15-20
Author(s):  
L. V. AGARKOVA ◽  
◽  
V. V. AGARKOV ◽  
M. G. RUSETSKY ◽  
◽  
...  
Keyword(s):  
National Security ◽  
Russian Federation ◽  
World Economy ◽  
The State ◽  
Financial Security ◽  
Negative Consequences ◽  
Special Significance ◽  
The World ◽  
The Russian Federation

In the context of the globalization of the world economy, the issue of ensuring the financial security of the state is a condition of its national security and acquires special significance. The article examines the indicators of financial security, establishes a system of precursors - indicators of the financial security of the state, allowing to predict the onset of negative consequences. the main indicators of the financial security of the Russian Federation were assessed.

CONSTITUTIONAL RESPONSIBILITY DETERMINATION AS A LEGAL RESPONSIBILITY TYPE: ON THE ISSUE STATEMENT

2018 ◽  
pp. 133-140
Author(s):  
N.E. Sadokhina
Keyword(s):  
Russian Federation ◽  
Special Kind ◽  
The State ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Legal Method ◽  
Legal Nature ◽  
The Russian Federation ◽  
Legislative Changes ◽  
The Stability

The relevance of the research topic is due to the uncertainty of the provision of constitutional responsibility in the system of legal responsibility types. The study purpose is to the legal nature analysis of constitutional and legal responsibility, allowing it to be viewed as a form of legal responsibility. The conducted research is based on general scientific analysis methods, deduction, and also private law – the formal legal method. So, on the basis of the analysis of the current legislation and law-enforcement practice, we conclude that the political and legal nature of constitutional responsibility is special. On the one hand, it is a form of legal responsibility and is applied to subjects of constitutional responsibility in cases provided for by constitutional norms. On the other hand, it helps to regulate relations that arise in the sphere of public administration, ensure the stability of the functioning of the state apparatus. It is established that this feature explains also the fact that constitutional responsibility can occur not only in case of an offense, but also in case of lawful behavior. It is determined that for consideration of the constitutional responsibility as a special kind of legal responsibility it is necessary to introduce a special procedural order of calling to account, including in particular the procedure for appealing the dissolution of the State Duma, giving the Constitutional Court of the Russian Federation the powers to consider such cases. And it is also necessary to fix a list of circumstances that may form the basis for a decision on mistrust in the Constitution of the Russian Federation. The conclusion is made that these legislative changes will underline the specificity of constitutional and legal responsibility and leave no doubt about its status as a kind of legal responsibility.

Problems of ECHR Decisions Implementation into Domestic Law

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Systematic Approach ◽  
Legal Regulation ◽  
European Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Domestic Law

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.

scholarly journals The “concentration of public elements” theory and the arbitrability of disputes in Russia

2021 ◽  
Vol 12 (1) ◽  
pp. 112-122
Author(s):  
Oleg Yu. Skvortsov ◽  
Keyword(s):  
Dispute Resolution ◽  
Public Order ◽  
Conservative Approach ◽  
Arbitral Tribunal ◽  
Negative Consequences ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Substantive Law ◽  
Two Sectors

This article is devoted to the analysis of the theory of concentration of public elements. The author explains the causes of this theory and its influence on the arbitrability of disputes in Russia. The causes of this jurisdictional theory are illustrated in the development of substantive law. The work emphasizes that the two sectors of civil turnover regulation, which have developed in Russia, largely affect the formation of dispute resolution mechanisms. This also applies to the issue of determining the range of disputes that the arbitral tribunal is entitled to accept for its consideration. The author stresses that there are no norms in the legislation on which the theory of concentration of public elements is based. It is generated exclusively by judicial decisions, which are not always consistent. This is evidenced by the fact that, despite the precedent nature of one of the decisions of the Supreme Court of the Russian Federation on the arbitrability of procurement disputes for the needs of certain types of legal entities, lower cassation courts refuse to recognize the arbitrability of this category of disputes. At the same time, they refer to the violation of public order when considering procurement disputes by arbitration courts. This is seen as some manipulation in which a conservative approach to the activities of arbitration courts is provided by the arbitrary involvement of various doctrines that have no basis in the law. The author predicts the negative consequences of the development of this doctrine, which will take place in the form of limiting the arbitrability of disputes considered by commercial arbitrations and in relation to other categories of cases in which a public element will be manifested to a greater or lesser extent.

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