scholarly journals SEMIOTIC AND LEGAL ANALYSIS OF THE VISUAL REPRESENTATION OF RUSSIAN NATIONAL FLAGS

2020 ◽  
Vol 14 (6) ◽  
pp. 26-57
Author(s):  
YULIA V. EROKHINA ◽  
ANITA K. SOBOLEVA
Keyword(s):  
Political Identity ◽  
Visual Representation ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Semiotic Analysis ◽  
Legal Discourses ◽  
Historic Memory ◽  
Red Flag ◽  
The Russian Empire ◽  
National Flag

The present research was provoked by high necessity in the analysis of the role of historic memory in interpretation of contemporary state symbols and legal regulation of their use in different political, ideological and cultural contexts. The legal regulation of the national flags, including historical ones, cannot be properly done without taking into consideration their symbolic value for different groups of population, sharing different political views and attitudes to the past. Semiotic aspects are also important for judicial and administrative practice, which should be aimed, as well as the legislation in this area, at formation of the common political identity and should not lead to separation instead of unification. Visual representation of flags as symbols, which can transmit variety of meanings is understood differently by different audiences, is also a means to show how contexts may affect self-identification of the nation. The methodological basis for the research comprises works in legal semiotics, hermeneutics and visual communication. This is accounted for the fact that legal regulation of flags as state symbols cannot be investigated without understanding of their interpretation in non-legal discourses, such as vexillology, heraldry, history and political science. Semiotics unites legal and non-legal discourses and serves as a basis for interdisciplinary research in symbols, their use and interpretation. The authors benefited from the ideas developed in the works by Yu. Lotman, S.A. Knowlton and M. Leone.The article presents the semiotic analysis of three flags in their historical perspective: the black-yellow-white flag of the Russian Empire, the Soviet red banner and the contemporary white-blue-red national flag of democratic Russia. In the context of multiple connotations caused by demonstration of the imperial flag and of the red flag, the attempts to provide them with the special status in the current Russian legislation have been analyzed. The national white-blue-red flag may also be used as an official symbol of the nation and as unofficial symbol of different political movements. The evolution of its visual representation with time is explored. Having been placed into semiotic discourse, visual representation of national flags shows that image of an official flag may receive its own meaning for the audience or different types of audiences, and that, as Steven A. Knowlton put it, "symbols may have meanings beyond just representing the signified, which are often assigned by an official body". The thesis of overlapping, intertwined and sometimes confused meanings of flags as state symbols, which Massimo Leone put forward, should be borne in mind when it comes to legal regulation of the use of flags, responsibility for their desecration or misuse. Judicial practice should take into account the meaning of the signified, or a message, conveyed by the user of flags and the aim of the legal rule. Without attention to specific nature of the symbols the law implementing practice will be apt to mistakes and inadequate interpretation. Contemporary legal regulation of the use of the national flag includes provisions of the Constitution, administrative and criminal law. Their application in practice confronts with the lack of legal certainty, which makes the interpretation of these provisions even more complicated.

scholarly journals INTERACTIONS OF LEGAL SYSTEMS: MODERN INTERNATIONAL LEGAL DISCOURSES

2018 ◽  
pp. 109-121 ◽  
Author(s):  
VLADISLAV TOLSTYKH ◽  
YURY BEZBORODOV ◽  
LEV LAZUTIN ◽  
YAROSLAV KOZHEUROV
Keyword(s):  
International Law ◽  
International Security ◽  
Legal Regulation ◽  
Security System ◽  
Legal Systems ◽  
Legal Analysis ◽  
Internet Technologies ◽  
Legal Discourses ◽  
International Responsibility ◽  
Legal Integration

Introduction: the article deals with the doctrine of modern international law, international legal integration, international security and international responsibility. The aim – to study the development of international law and the interaction of legal systems. Methods: comparative legal, formal-legal. Analysis: there are new forms of expressing scientific positions along with traditional forms. It is connected with Internet technologies. The language of discussion of scientific issues is English now. More attention is paid to scientific and practical problems, less to theoretical ones. There are changes in the methodologies of international law, it becomes a «technology», a process of mechanistic challenge, selection, connection and presentation of a limited set of arguments. International law is a universal means to bring together national legal systems. Results: It is concluded that the doctrine of international law is not holistic now. The legal convergence is the process of convergence of various legal systems and models of legal regulation by international legal means. More over, there is no effective security system both at the universal or regional levels. International responsibility is developing. Its content is being updated at the expense of WTO law.

scholarly journals The Theoretical and Legal Nature of Statutory Regulation in Transcaucasia in the Early XIX Century

2020 ◽  
Vol 10 ◽  
pp. 57-60
Author(s):  
Natig M. ogly Salamov ◽  
Keyword(s):  
19Th Century ◽  
Social Relations ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Analysis ◽  
Legal Nature ◽  
The Russian Empire ◽  
Xix Century ◽  
The 19Th Century ◽  
Statutory Regulation

The author’s intention is to study the theoretical and legal essence of normative legal acts in force in Transcaucasia at the beginning of the 19th century. Through the provisions of legal acts and plots of historical and legal history, an attempt is made to explication and theoretical and legal analysis of the regulatory legal regulation of social relations and its ideological paradigms. The theoretical and legal basis of the analysis was the work of legal theorists. The regulatory framework of the study was constituted by the regulatory legal acts of the Russian Empire at the beginning of the 19th century. The methodological basis of the study was the general dialectical method of scientific knowledge, methods of empirical and theoretical nature (description, formalization, comparison, analysis, generalization, deduction and induction, hypothesis). Based on the analysis of the content of historical legal acts, it can be concluded that the doctrine of regulatory regulation was determined by the priority of state interests, which contributed to the development of public law branches of law. Legal regulation was carried out by local bylaws containing, as intended, regulatory and protective standards. The constituent legal precepts found themselves in the fundamental acts that legally formalized the most important institut ions of society. Power regulations in the form of expression as a whole were binding, and by the method of legal regulation were imperative.

scholarly journals Legal Regulation of Land Surveying in the Russian Empire: Historical and Legal Aspect

2021 ◽  
Vol 21 (2) ◽  
pp. 80-87
Author(s):  
E.V. Zazolina ◽  
Keyword(s):  
Legal Aspect ◽  
Legal Regulation ◽  
Russian Empire ◽  
Legal Analysis ◽  
Legal Basis ◽  
Land Surveying ◽  
The Russian Empire

The legal basis for the procedure of land surveying is considered. The main stages of the land surveying institute formation in the aspect of the Russian statehood formation and development are analyzed. The historical and legal analysis of the reform of the General Land Surveying of 1765 is drawn. The author made proposals to improve the current legislation in the field of complex cadastral works.

SOME CHARACTERISTICS OF CONTEMPORARY POLITICAL AND LEGAL DISCOURSE OF ETHNIC AND NATIONAL CONFLICTS IN RUSSIA

2020 ◽  
Vol 10 (4) ◽  
pp. 53-64
Author(s):  
ANDREY KURIUKIN ◽  
Keyword(s):  
Modern Science ◽  
Legal Discourse ◽  
Legal Regulation ◽  
Ethnic Relations ◽  
Soviet Society ◽  
The Russian Federation ◽  
The Russian Empire ◽  
New Research ◽  
The 19Th Century ◽  
Developing System

The issue of ethnic relations and the conflicts generated by them is acutely relevant. Many branches and directions of modern science study it. Political science and jurisprudence are in the foreground of the modern study of ethno-national conflictology. Over a long period of research, they have developed several influential approaches that have become widespread. The growing complexity of the surrounding political and legal reality, the escalation of conflict in society, including ethno-national, require the search and application of new research paradigms. One of these is the analysis of political and legal discourse, which consists in studying the ways of how legal meanings, ideas, opinions and preferences, which are carried by legislators, are technically and meaningfully embodied in the texts of normative acts, subsequently forming a specific political and legal reality. Analyzing the domestic ethno-conflictological political and legal discourse, the author concludes that in the era of the Russian Empire, the legalization of ethno-national relations had little attention from legislators, the documents adopted in the 19th century carried widespread ideas of the legislative theory and existed unchanged until 1917. The basic paradigm of the Soviet political and legal regulation of ethno-national relations was the ideological dogmas of the theorists of Marxism-Leninism, within which, in Soviet society, such a phenomenon as an ethno-national conflict was denied, but, in fact, existed. At the present stage, after the acute events of the second half of the 1980s - 1990s, a serious system of political and legal regulation of ethno-national relations was developed. It bore fruit. Today, the domestic political and legal regulation of ethno-national relations has the character of a developing system designed to adequately respond to changes. The article can be used to improve the state social and legal policy of the Russian Federation. Also, the materials presented can provide the interest of students, graduate students, teachers, researchers and other people who are interested in the current social, political and legal development of Russia.

Slovak Simple Joint Stock Company – Critical Review and Preliminary Assessment

2020 ◽  
Vol 17 (2) ◽  
pp. 205-230 ◽  
Author(s):  
Mária Patakyová ◽  
Matej Kačaljak ◽  
Barbora Grambličková ◽  
Ján Mazúr ◽  
Patrícia Dutková
Keyword(s):  
Policy Maker ◽  
Critical Review ◽  
Legal Regulation ◽  
Company Law ◽  
Joint Stock Company ◽  
Legal Analysis ◽  
Stock Company ◽  
Preliminary Assessment ◽  
Legal Form ◽  
Innovative Potential

The aim of this paper is to describe a relatively new legal form of the simple joint stock company introduced into Slovak company law in 2017 and evaluate whether it may indeed be a suitable corporate vehicle for new companies with highly innovative potential (startups), or alternatively assess whether the legal form is suitable for other legal and business use cases; and explore and identify potential issues.Moreover, this paper provides an overview and legal analysis of the legal regulation of the simple joint stock company form in comparison with other legal company forms. The attractiveness of some of the key elements of the simple joint stock company’s regulation is verified by an empirical statistical method from public databases. Additionally, the article also provides an assessment as to what extent the identified objectives of the policy maker in relation to the introduction of the new legal form were achieved.

Ensuring the Rights and Legal Interests of the Victim when Checking the Crime Report: A Comparative Legal Analysis of the Criminal Procedure Codes of the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Procedure Code ◽  
The Russian Federation ◽  
Procedure Codes

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.

The Term «Computer Game»: The Experience of an Interdisciplinary Analysis

2021 ◽  
Author(s):  
A.A. Vasiliev ◽  
◽  
Yu.V. Pechatnova ◽  
Keyword(s):  
Video Game ◽  
Computer Games ◽  
Social Evolution ◽  
Computer Game ◽  
Interdisciplinary Approach ◽  
Legal Regulation ◽  
Economic Feasibility ◽  
Point Of View ◽  
Legal Analysis ◽  
New Variety

The article is devoted to a comprehensive interdisciplinary study of the term «game» and its relatively new variety – computer game. The need to use an interdisciplinary approach to the study of the term is explained by the versatility and multi-aspect nature of the phenomenon under study. The article reveals the meaning of the concept «game» in the philosophical, aesthetic, historical, cultural, linguistic, psychological, technological and legal dimensions. The research methodology includes historical, systematic methods, as well as the method of formal legal analysis. The author emphasizes the influence of the development of forms of game activity on the development of social evolution, as well as the interaction of the game and the achievements of scientific and technological progress. The relevance of studying the term «computer game» lies in the fact that computer games have become the most popular type of gaming activity and the most profitable commercial product on the modern market. In this regard, terminological certainty is necessary due to the economic feasibility and effective legal regulation of the development, implementation and use of computer games. The authors propose to identify the main features of the concept «game», in general, and the specific features of the term «computer game», in particular. Based on the set of features, the author's definition of the concept «computer game» is proposed. In order to distinguish the studied concept from related categories, the analysis of the terms «electronic game» and «video game» is carried out. In conclusion, the authors assess the approaches to the legal regulation of computer games from the point of view of domestic legislation. As a result of the analysis of the possibility of attributing a computer game to a variety of programs for electronic computers or a variety of multimedia products, the choice was made in favor of the latter. Thus, at present, in order to solve legal problems related to the development and use of a computer game, the authors propose the application of the law analogy.

scholarly journals Advertising in Video Games: Legal Qualifications

2021 ◽  
pp. 41-47
Author(s):  
Irina Kiryshina
Keyword(s):  
Video Games ◽  
Computer Games ◽  
Legal Regulation ◽  
Product Placement ◽  
Point Of View ◽  
Science Literature ◽  
Legal Analysis ◽  
Online Game ◽  
Federal Law ◽  
To Receive

The article is addressed to the legal analysis of advertising placed in video games. Topical issues of the concept of advertising are touched upon from the point of view of its compliance with the legal definition enshrined in the Federal Law "On Advertising". There has been analized the distribution of advertising in video games, such as ads embedded in game content, including "product placement". In Russian legislation, there is an analogue of this category which is defined by the legislator as “references to a product, means of its individualization, about a manufacturer or seller of a product, which are organically integrated into works of science, literature or art”. The conclusion is made about the possibility of qualifying this technique as an advertisement in the absence of a sign of "organic integration". The examples of judicial and law enforcement practice of inorganic integration are considered. In such cases, the disseminated information is recognized as advertising, in respect of which the requirements of advertising legislation regarding restrictions on advertising of tobacco and alcohol, weapons and a number of other goods must be observed. There are special requirements for video games for minors in order to protect their rights. The author presents the position regarding the qualification of targeted advertising from the point of view of its compliance with such a sign of advertising as being addressed to an indefinite group of people. The conclusion is supported by the argument that personalization of an advertising message does not exclude its qualification as an advertisement. The problem of advertising distribution in computer games, including multiplayer games, carried out via the Internet, where obtaining the preliminary consent of the online game user to receive advertising is achieved by including this condition in the user agreement, is investigated. The conclusion is made about the need to improve legal regulation in the studied field.

scholarly journals Legal Regulation of the Minimum Marriage Age: The Past and the Present

2020 ◽  
Vol 15 (8) ◽  
pp. 84-95
Author(s):  
E. E. Lekanova
Keyword(s):  
Detailed Comparison ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Marriage Age ◽  
Unsuccessful Attempt ◽  
Domestic Legislation ◽  
Minimum Age ◽  
The Russian Empire ◽  
A Minor ◽  
Age Of Marriage

The legal regulation of the features of marriage in a minor age has a millennium history. The analysis of legal regulation of the marriage age in Russia, the Russian Empire and the RSFSR shows that the models of the legal regulation of the minimum marriage age are divided into simplified and differentiated ones (gender differentiated, nationally differentiated and socially differentiated models). The author concludes that in domestic legislation the minimum age of marriage always depended on various circumstances. Until 1926, there was a gender-differentiated model of the legal regulation of the minimum age of marriage. A nation-differentiated model existed in the prerevolutionary and Soviet era in relation to the inhabitants of Transcaucasia. Since 1926, in the territory of the RSFSR, a socio-differentiated model of the legal regulation of the minimum age of marriage was consolidated in law. According to this model the minimum age of marriage was reduced due to special social circumstances. Family laws of the Russian Federation made an unsuccessful attempt to implement the nation-differentiated model of the legal regulation of the minimum age of marriage. The modern Russian model of legal regulation of the minimum age of marriage is socio-differentiated. The paper also carries out a detailed comparison of the three socio-differentiated models of the legal regulation of the minimum age of marriage (the model under the Soviet Code of Marriage, Family and Custody of the RSFSR (1926—1968), the model under the Code of Marriage and Family of the RSFSR (1969—1995), the contemporary model); analyzes the differences and shortcomings of these models; suggests ways to eliminate them.

scholarly journals Drafting of Jury Lists in Tsarist Russia and the Modern Times: A Comparative Legal Analysis

2021 ◽  
Vol 2 ◽  
pp. 40-47
Author(s):  
Nikita V. Bushtets ◽  
Keyword(s):  
Historical Development ◽  
Russian Empire ◽  
Judicial System ◽  
Legal Analysis ◽  
Historical Experience ◽  
Research Results ◽  
Modern Times ◽  
The Russian Empire

The article examines the historical experience of the formation of the lists of jurors in the Russian Empire. The reasons that contribute to the occurrence of problems are analyzed, as well as ways their resolution in the context of the historical development of the judicial system. Based on the research results, proposals were formulated to improve the organization of the activities of a modern court with the participation of the jury.

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