scholarly journals The legal regulation of the activities of cooperative associations in Russia during the Soviet period (on the example of agricultural cooperation)

Author(s):  
Yu Novikova

The article is devoted to the study of certain aspects of the transformation of cooperative legislation on the territory of our country in the period of the 20–80s of the last century, which regulated the emergence and development of various forms and types of elements of the cooperative movement in Russia at the stages of its formation, the transformation of cooperation during its almost complete nationalization and subsequent restoration as an independent economic entity based on the voluntary association of intellectual, physical and material resources of its members. As a result of the study of the legal regulation of public relations in the field of agricultural cooperation, the author identifies the prerequisites, chronological stages and consequences of fundamental changes in state policy in the field under consideration, which led to the transformation of the legal status of the majority of rural residents, the effectiveness or harmfulness of decisions taken in the practice of legal regulation of the studied sphere, as well as the significance of historical experience for the further development of cooperative legislation.

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.


Author(s):  
Dmitriy I. Frolov

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.


Author(s):  
Vladyslav Zalievskyi

The author’s approach to defining the range of land-related and ground-related phenomena based on administrative law is proposed in the article. The availability of subject authority power relations in the structure and the fulfillment of relevant functions is the main criterion for the separation of such relations. The expediency of using the term “sphere of land relations” as those arising in connection with the exercise of power by the executive authorities and bodies of local self-government is validated and the subject of the relations is land, ground area, rights to them, as well as objects and subjects derived from them. Land relations are one of the largest in volume masses regulated by the norms of public relations law where an absolute majority of both private and public entities are involved. However, due to the diversity of such entities and differences in their legal status, the legal regulation of land relations uses the methods inherent in both civil and administrative law. In addition, in terms of the land law the existence of its own legal regulation method is emphasized. A great deal of research has been devoted to the issues of administrative and legal regulation of land relations, in particular by such scientists as E. Gladkova, M. Kovalsky, V. Pakhomov, M. Shulga, O. Nevmerzhitsky, D. Busuyok and others. Relevant papers from the administrative law point of view emphasize that a great part of the relations which have the subject of land and the phenomena connected with the ground are covered by the subject of administrative law. The aim of this article is to determine the range boundaries of land-related and ground-related phenomena that are regulated by administrative law. Taking into account the normative definition peculiarities of the “land relations” concept content in order to make scientific research, it is more correct to use the term “administrative and legal regulation in the field of land relations” in comparison with the term “administrative and legal regulation of land relations”. The term “sphere of land relations”, in our opinion, should be understood as a set of relations, which in addition to land includes relations arising in connection with the exercise of power by executive authorities and local governments and the subject of these relations is land, ground area, rights to them, and subjects and objects derived from them.


Author(s):  
O. Pavlovskyi

In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not only by constitutional, administrative, economic, but also civil law. This paper will deal with contractual obligations. The supply contract is extremely important in providing Ukraine, its subjects and state entities with the necessary goods, performance of works, provision of services. In essence, the institute of contract law is a legal means of implementing state policy in the field of industrial production, construction, national defense, social assistance, science, culture, the implementation of basic social and production tasks. Currently, there is a trend aimed at increasing the budget funds used through public procurement. In this regard, an urgent problem is the effective legal regulation of public relations related to the supply of goods for public use. The regulatory framework governing these legal relations must be transparent, understandable to all participants in trade and procurement operations, operational on changes in socio-economic conditions in the country, have an anti-corruption orientation. The quality of goods purchased for the state also remains a long-standing problem. One of the topical issues for the science of civil law is the question of the subject of the contract, with which the Central Committee of Ukraine connects the conclusion of the contract, its validity and some other significant circumstances. According to case law, disputes arising from the contract are usually complicated by non-compliance by the parties with the provisions of the Civil Code of Ukraine on the subject of the contract. The article analyzes the subject of the contract for the supply of material resources to military units. Military units are considered by the author as legal entities of a subject of public law.


2018 ◽  
Vol 170 ◽  
pp. 01060
Author(s):  
Mikhail Semyakin ◽  
Larisa Dobrynina ◽  
Anna Gubareva ◽  
Lubov Gudovicheva

The article provides of civil modeling of civil legislation development, shows its significance and peculiarities, structural elements, gives their characteristics, concludes the necessity of an integrated approach to Problem of civil models. For a long time, and to a large extent now, legislation, including civil law, is perceived as a means of legal regulation of public relations, and normative legal acts are considered mainly as the most important legal form of fixing and ensuring the proper conduct of the subjects. This "normative" approach, along with the positive ones, also contains a number of negative aspects, when there is a deep analysis of the draft legislation, the possibility and consequences of their implementation in practice, which often leads to the fact that the effectiveness of many normative acts remains low; there are many conflicts and cases of inconsistency in legislation; changes, additions and other, sometimes unsystematic, amendments to the legislation that give rise to a lot of discussions in the scientific and practical environment are constantly being made.


Author(s):  
Satenik Vrezhovna Shakhbazyan

The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.


2020 ◽  
Vol 1 (12) ◽  
pp. 26-35
Author(s):  
E. S. Mikhaleva ◽  
E. A. Shubina

The modern world almost continuously emphasizes the importance of new challenges and solutions in all areas and fields of life for humanity. The emergence of new technologies and the improvement of conventional mechanisms to meet the demands of digital reality pose new challenges for any social science and practice; the role of law as a tool of regulatory influence on public relations becomes of particular importance. Recently, the issue of regulation of ubiquitous artificial intelligence, cyberphysical systems, advanced “smart” robots and other achievements of engineering science has become of primary importance for the Russian and world legal science. The authors of the article have analyzed the issues of possible approaches to the robotics legal regulation. Due to the latest trends in the development of legal norms on robotics in foreign countries, in particular in the European Union, the issues of legislative recognition and determination of the robot’s status, i.e. the prospect of robots becoming legally capable, or strengthening and clarifying the legal regime of the robot exclusively as an object of legal regulation become topical. The paper is devoted to studying topical issues of possible directions of legal regulation of robotics and analyzing the main approaches to determining the legal status of robots and liability for harm caused by them in the autonomous performance of actions.


Author(s):  
Darina Viktorovna Kocheva

The subject of this research is the public relations established in exercising of such a power by the prosecutor on detection of violations of laws outside the criminal law sphere as the right to demand from the policy makers and other officials “supervised” to the prosecutor's office the allocation of specialists. Findings of the experts in the material form are in demand among the law enforcement officers in different spheres of social life, including due to their evidentiary potential. The relevance of this research is defined by the fact that the scholars and practicing legal experts have accumulated a range of questions to the legal status of a specialist in the Russian legislation, which also pertains to the prosecutor's activity. The novelty consists in the author’s substantiation of the need to improve legal regulation of the corresponding legal relations based on comparison of the norms that regulate the mechanism of cooperation between specialists and prosecutors in supervision by the latter of compliance with laws, rights and freedoms of human and citizens, analysis of theoretical groundwork on the topic, and personal practical experience in the prosecutor's office. The article reveals the gaps in the existing legal regulation. This work may be valuable for the practitioners of the prosecutor's office, as well as bodies “supervised” to the prosecutor's office, scholars in the area of prosecutor's activity, legal experts, students, and postgraduates.


Author(s):  
V.I. Antonov ◽  
E.V. Antonov

The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.


Author(s):  
D.S. Ponomareva

The purpose of the article is to determine the place of strategic communications in the conceptual apparatus of administrative law as a special type of interaction between executive authorities and other state bodies.The article focuses on the fact that the radical reform of the security and defense sector of Ukraine in accordance with the North Atlantic standards necessitates the development and legalization of new means and methods of pub-lic administration for national practice. These, in particular, include strategic communications, which is a type of interaction between the subjects of public relations.  The article substantiates that strategic communications are inherently a type of information interaction, the sub-jects of which strive to achieve their goals with the help of an arsenal of special means, the most important of which is the strategic narrative. Not all aspects of strategic communications are governed by legal regulations. A complex set of means of information impact can cause consequences that cannot be objectively categorized (in particular, emotional-volitional consequences). At the same time, the organizational and regulatory aspects of strategic com-munications are unambiguously covered by the methodological apparatus of legal science.The article establishes that, in terms of content, strategic communications is a special type of information inter-action between executive authorities and other entities related to the security and defense sector.It has been proved that strategic communications as a special type of interaction between the Ministry of Defense of Ukraine and other state bodies are information interaction regulated by the norms of law and conditioned by the rights and obligations of these entities, aimed at achieving their goals. Legal regulation of the goals of strategic com-munications is carried out at the level of national strategies, doctrines and concepts adopted to ensure the defense capability of our state. In terms of the organization of strategic communications and the legal status of its subjects, relations are indicated refer to the subject of legal science. Psychological, sociological, political, economic, military aspects of strategic communications belong to the subject of study of the relevant sciences.It was determined that the directions of further scientific research should take into account the need for a more complete legalization of strategic communications in legislative acts regulating the legal status of subjects of the security and defense sector.


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