scholarly journals The modern law-making process: structure and main problems

2021 ◽  
Vol 39 (69) ◽  
pp. 605-614
Author(s):  
Mikhail B. Rumyantsev ◽  
Vladislav Yu. Turanin ◽  
Sergey Yu. Sumenkov ◽  
Marina G. Smirnova ◽  
Esita E. Ganaeva
Keyword(s):  
Standard Setting ◽  
The State ◽  
Dialectical Method ◽  
Legal Norms ◽  
State And Society ◽  
Process Structure ◽  
Theoretical Foundations ◽  
Law Making ◽  
Main Factor

Through the dialectical method the objective of the article was to analyze the process of the elaboration of modern laws, considering their structure and main problems. There is a major structure and problems inherent in the modern law-making process described in the article. The structure of law-making comprises four parts: 1. Cognitive-analytical part; 2. Theoretical foundations of the legal norms and acts they dictate; 3. Validation of legal act or norm; 4. Monitoring of relevant rules and legal acts. The main legislative task is to draft legal norms that stimulate the active development of all parts of the State and society through a deep perception of all related processes, including those involving standard-setting. It is concluded that the main factor affecting the quality of legislation is the lack of a uniform legislative basis for the issuance of legal acts. There seems to be a real need to develop a uniform legislative act on the law-making process. The Code containing general and specific parts of each law must be developed.

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.

SHORTCOMINGS OF COMMONLY USED METHODS OF MEASURING THE ECONOMIC ACTIVITY OF THE COUNTRY

2021 ◽  
Vol 9 (1) ◽  
pp. 101-111
Author(s):  
Łukasz Wojciechowski ◽  
Tomasz Wołowiec
Keyword(s):  
Economic Growth ◽  
Gross Domestic Product ◽  
Economic Activity ◽  
Well Being ◽  
The State ◽  
Point Of View ◽  
Level Of Education ◽  
State And Society ◽  
State Of The Environment

The article analyzes the flaws of the classical measures of economic growth. It is based on the assumption that, while not questioning the quality of the GDP indicator as a tool for measuring economic activity, it points out that the way this indicator is constructed influences the actions of governments, citizens and other actors, affecting also non-productive areas. What we measure affects what we do - if production is measured, then the criterion determining the success of the state and society will be the growth of production, and not the level of education, health or state of the environment. Gross domestic product in many cases includes production that, from the point of view of the community, indicates unfavorable processes. These are the so-called anti-goods, i.e., phenomena that increase GDP, although they worsen well-being and are socially undesirable).

scholarly journals Prospect of Judicial Preview in the Constitutional Court Based on the Construction of Constitutional Law

2020 ◽  
Vol 8 (3) ◽  
Author(s):  
Diya Ul Akmal ◽  
Fatkhul Muin ◽  
Pipih Ludia Karsa
Keyword(s):  
Judicial Review ◽  
Constitutional Law ◽  
Preventive Measure ◽  
State Institution ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legislative Body ◽  
Law Making

AbstractThe Constitutional Court is a state institution that has the authority to reviewing laws against the Constitution (Judicial Review). Several times in issuing its decisions, the Constitutional Court has acted as a Positive Legislator. The potential for a legal vacuum as the implication of revoking a law is large. and also the slow formation of laws by the legislative body (DPR) and the lack of quality of regulations. The current law making does not pay attention to legal ideals based on Pancasila so that the resulting legal products lose their meaning. This has resulted in many people whose constitutional rights have been violated. The state should be present to give full constitutional rights to its citizens. The Constitutional Court needs an additional authority to maintain the supremacy of the constitution. additional authority as a preventive mechanism is Judicial Preview. The French state places Judicial Preview as an authority of the Constitutional Council. Austria and Germany apply Judicial Preview as a preventive measure for losses that can occur if the Draft Law is passed. A renewal of the Constitutional Law to perfect existing ones makes the prospect of Judicial Preview in Indonesia an Urgency for immediate implementation.Keywords: Constitutional Court, Authority, Judicial Preview AbstrakMahkamah Konstitusi merupakan lembaga negara yang memiliki kewenangan pengujian Undang-Undang terhadap Undang-Undang Dasar (Judicial Review). Dalam mengeluarkan putusannya Mahkamah Konstitusi beberapa kali bertindak sebagai Positif Legislator. Potensi terjadinya kekosongan hukum sebagai implikasi dicabutnya suatu Undang-Undang sangatlah besar. Ditambah dengan lambatnya pembentukan Undang-Undang oleh lembaga legislatif (DPR) serta kualitas peraturan yang kurang. Pembuatan Undang-Undang saat ini tidak memperhatikan cita hukum yang berakar pada Pancasila sehingga produk hukum yang dihasilkan kehilangan maknanya. Hal ini mengakibatkan banyak masyarakat yang dilanggar hak konstitusionalnya. Negara seharusnya hadir untuk memberikan hak konstitusional secara penuh kepada warga negaranya. Untuk mencegah hal tersebut maka Mahkamah Konstitusi membutuhkan suatu kewenangan tambahan untuk menjaga tegaknya supremasi konstitusi. Kewenangan tambahan sebagai mekanisme preventif tersebut berupa Pengujian Rancangan Undang-Undang (Judicial Preview). Perancis menempatkan Judicial Preview sebagai kewenangan dari Constitutional Council. Austria dan Jerman juga memberlakukannya sebagai tindakan pencegahan. Pembangunan Hukum Konstitusi untuk menyempurnakan yang sudah ada menjadikan prospek Pengujian Rancangan Undang-Undang di Indonesia menjadi urgensi untuk segera diterapkan.Kata Kunci: Mahkamah Konstitusi, Kewenangan, Judicial Preview

scholarly journals Theoretical and legal characteristics of problem aspects of free secondary legal aid and prospects of their solution

2021 ◽  
pp. 4-8
Author(s):  
Larysa Nalyvaiko ◽  
Maryna Novikova
Keyword(s):  
Technical Assistance ◽  
Public Organizations ◽  
Legal Framework ◽  
The State ◽  
Legal Aid ◽  
Council Of Europe ◽  
Legal Norms ◽  
European Court ◽  
To Receive

The article analyzes problems of providing free secondary legal aid in Ukraine. Based on the studied statistical indicators, it is determined, that the most unresolved issues are the availability and quality of legal aid. It is stated, that in order to overcome these obstacles, the state, represented by the authorized bodies, cooperates with many international organizations, participates in international technical assistance projects and provides communication with international and national public organizations. Based on the study, it is noted, that today attention should be paid not only to highlight the possibility of obtaining free secondary legal aid, but also to the dissemination of mechanisms for obtaining such assistance and their features. It is determined, that today in Ukraine the state and public organizations are actively working to increase the level of availability of free legal aid in Ukraine. The Law of Ukraine «On Free Legal Aid» contains a detailed list of persons entitled, in particular, to receive free secondary legal aid, the rights and obligations of entities to provide such assistance. However due to the abstract nature of legal norms and the style of their presentation, there is a need in society to explain these regulations to the population. To this end, various activities are carried out, in particular, cooperation with the media, publishing brochures, distributing educational videos on the Internet, which has a positive character and, as a consequence, achieving the goal – increasing the availability of free legal aid in Ukraine. The participation of representatives of the international community in providing free legal aid is analyzed. It was stated, that the representatives of the Council of Europe recommended that the national institutions improve the legal framework for the provision of free legal aid in order to make the institution more accessible and understandable to those entitled to receive it. In addition, the Council of Europe recommended improving the area of ​​criminal justice in terms of coherence of efforts to provide each suspect or accused with affordable and quality legal assistance. It is noted, that the quality of free legal aid depends on many factors. In particular, lawyers discussed the thesis of incentives to provide quality assistance, as in a significant number of cases the lawyer interferes with concentration, and as a consequence, reduces the level of positive decisions. It is determined, that free legal aid does not provide support to citizens in applying to international judicial institutions, such as the European Court of Human Rights

scholarly journals Constitutional mechanism for the protection of citizens' rights in the Russian Federation

2021 ◽  
Vol 7 (Extra-B) ◽  
pp. 462-467
Author(s):  
Elena Yevgenievna Grishnova ◽  
Sergei Pavlovich Zhdanov ◽  
Tatiana Viktorovna Larina ◽  
Vadim Valerievich Mnatsakanyan ◽  
Yuri Viktorovich Stepanenko
Keyword(s):  
Legal Status ◽  
The State ◽  
Inductive Method ◽  
Legal Norms ◽  
Scientific Analysis ◽  
The Social ◽  
Legal Nature ◽  
State And Society ◽  
Deductive Method ◽  
Historical Methods

The purpose of the article is to study the legal nature and essence of the constitutional mechanism for the protection of citizens' rights in modern Russia. The leading method of studying the problem is the deductive method, which allows studying the legal nature and features of the implementation of the constitutional mechanism for protecting the rights of citizens in Russia. The article uses the inductive method, the method of systematic scientific analysis, and comparative legal and historical methods. The article concludes that the constitutional and legal status (as a legally fixed position of a person in their relations with the state and society) is part of the social status of an individual in society. The latter, in turn, is determined not only by legal norms but also by other regulators (political, moral, religious, etc.), mediating the diverse connections of a person with society and the state.

scholarly journals On the tasks of the department of criminalistics in modern conditions

2021 ◽  
pp. 37-44
Author(s):  
E. P. Ishchenko
Keyword(s):  
Social Life ◽  
Legal Education ◽  
The State ◽  
Highly Qualified ◽  
Current State ◽  
The Russian Federation ◽  
Legislative Activity ◽  
The University ◽  
Law Making

The current state of Russian jurisprudence can be assessed as satisfactory, but not good or excellent. It depends on many factors, but most of all on the results of legislative activity, which leaves much to be desired. The root of the evil here is seen in the low quality of law-making, as well as in the blatant instability of the current legislation, whatever its branch we take. The majority of our legislators are random people who, for one reason or another, are among the deputies of the State Duma or members of the Federation Council of the Federal Assembly of the Russian Federation. Legal education, they usually don’t have a legislative technique not know the fate of the country and its citizens are concerned, not always, that in the context of the global economic crisis, pandemic coronavirus COVID-19 and other global disasters is extremely dangerous in its consequences. Social life multiplies the challenges. Today, more than ever before, we need the ability to think, objectively analyze what is happening, cheer for the Motherland, do not forget about honor and conscience, both while studying at the University and in practice. This is what will greatly contribute to strengthening the legal profession, increasing its prestige and significance in the life of society and the state, and will help determine the optimal criteria for the formation of the personality of a highly qualified lawyer — a graduate of the Kutafin Moscow State Law University (MSAL). 

scholarly journals TO THE ISSUE OF THE CONCEPT OF THE STATE TASK AS A FINANCIAL INSTRUMENT IN THE SPHERE OF EDUCATION AND ITS LEGAL REGULATION

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 201-211
Author(s):  
Надежда Николаевна АНДРЕЯНОВА ◽  
Лариса Владимировна НАУМОВА
Keyword(s):  
Scientific Literature ◽  
Legal Regulation ◽  
The State ◽  
Municipal Services ◽  
Empirical Methods ◽  
Financial Instrument ◽  
Legal Norms ◽  
The Subject ◽  
The Russian Federation ◽  
Theoretical Foundations

The financial provision of state and municipal services is being actively improved at the legislative level, and therefore is the subject of interest of jurisprudence and economics, which determines the relevance of the chosen topic. Purpose: to study scientific literature on the theoretical foundations of the concept of «finance», and regulatory legal acts of the Russian Federation related to the concepts of «financing» and «state task» for disclosing the concepts of financial provision of state and municipal services in the sphere of education. Methods: the authors use the empirical methods of comparison, description, interpretation, legal-dogmatic and as well as the method of interpretation of legal norms. Results: the authors’ interpretation of the concept of «state task» is given, it is concluded that the state task is a financial instrument in the budgetary sphere.

scholarly journals Universal basic income as regulator of improving the standards and quality of life: statement of the problem and introduction to analysis

POPULATION ◽  
2020 ◽  
Vol 23 (1) ◽  
pp. 13-27 ◽  
Author(s):  
Vyacheslav N. Bobkov ◽  
Elena V. Odintsova ◽  
Ekaterina A. Chernykh
Keyword(s):  
Quality Of Life ◽  
Economic Inequality ◽  
The State ◽  
Expected Improvement ◽  
Human Potential ◽  
Basic Income ◽  
State And Society ◽  
State Of Research ◽  
The Impact

This article deals with the issue of the impact of universal basic income (UBI) on the standards and quality of life of population, highlights some theoretical and methodological aspects of its introduction, characterizes the current state of research on this issue and the experience of other countries. It presents the basic conceptual provisions of the scientific study conducted by the authors, which are aimed at the theoretical and methodological substantiation of the idea of introducing universal basic income in Russia, its forms, tools and possible application mechanisms for transformation of the processes and structures of the functioning of the labor and employment sphere, development of human potential, reduction of absolute monetary poverty and excessive socio-economic inequality, that meet modern technological challenges and lead to improving the standards and quality of life of people and the sustainability of the state and society. The presented study is of high significance due to influence of the category “universal basic income”, practical forms, tools and mechanisms of its application on the essential aspects of the life of people, on the expected improvement in their standards and quality of life and the sustainability of the state and society. It will contribute to formation of the scientific, organizational, instrumental and documentary basis for implementation of pilot projects at the regional level, where transitional forms of universal basic income relevant to Russia can be tested. Testing UBI in Russia is of a particular relevance because of the widespread precarious employment, high poverty rates and excessive socio-economic inequality in our country.

scholarly journals QUALIFICATION OF CONTESTED FAMILY LEGAL ACTIONS IN THE BANKRUPTCY CASE OF A CITIZEN

2021 ◽  
pp. 34-38
Author(s):  
A. S. Salimov ◽  
S.V. Voronina
Keyword(s):  
Law Enforcement ◽  
Citizen Science ◽  
Common Property ◽  
Family Law ◽  
Legal Norms ◽  
The Family ◽  
The Law ◽  
Family Code ◽  
Law Making

Ransactions and fulfillment of obligations and obligations arising in accordance with family law arethe subject of judicial challenge at the request of a financial manager acting in the interests of creditors inthe bankruptcy of a citizen. Science and the law do not consider the grounds for the invalidity of actions forthe execution of transactions. The family-legal actions of a debtor-citizen based on an agreement between spouses, parents and judicial acts on the division of common property and the recovery of alimony are subjectto challenge on the grounds provided for by the norms of the Civil Code of the law and the bankruptcy lawon the invalidity of transactions only for the convenience of law enforcement. The actions of spouses andparents to dispose of their property rights and obligations arising from family legislation are either familylaw contracts (agreements) or actions to fulfill the obligations provided for by the Family Code. The correctqualification of the debtor’s family legal actions determines the quality of law-making, understanding of theactual meaning of legal norms and the exact fulfillment of their prescriptions.

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