scholarly journals Some general theoretical, technical and legal aspects of the legal culture of the penal legislation

2019 ◽  
Vol 13 (1) ◽  
pp. 96-102
Author(s):  
V. V. Karpunina ◽  
Keyword(s):  
Social Relations ◽  
Legal Culture ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Coherent System ◽  
Legal Norms ◽  
A Value ◽  
Qualitative State ◽  
The Subject ◽  
Legal Technology

The subject of the research in the article is the legal culture of the penal legislation as a value socio-legal phenomenon. The author identifies the features and shortcomings of the legal culture of the penal legislation on the basis of general theoretical and technicallegal analysis. A general theoretical study of the legal culture of legislation makes it possible to consider it in close connection with the system of legal values and the objectives of the legal regulation of social relations. The concept of “legal culture of the penal legislation” reflects the value slice of the functioning of the relevant branch of law. Legal technology allows you to see the inner, deep essence of the legal culture of legislation, identify existing defects and identify ways to correct them. The qualitative state of the legal culture of the penal legislation depends on the technical and legal level of perfection of legal norms and their ability to achieve social goals. Technical and legal tools of the penal legislation have a set of qualities that are due to the nature of legal technology as a technique of social and legal regulation. To increase the technical and legal level of the legal culture it is necessary to fix a coherent system of legal procedures for the execution of criminal sentences in the penal code; exclusion of certain norms that do not correspond to the existing socio-economic conditions and do not contribute to the achievement of the goal of the penal legislation. The conclusions and generalizations formulated in the article can be used in the process of preparing proposals aimed at improving the existing legal policy in the field of the execution of criminal sentences.

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

scholarly journals Legal aspects of the system of organization of public administration of the territories in the Russian Federation

2020 ◽  
pp. 26-38
Author(s):  
Marina Afanas'evna Lapina
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Norms ◽  
Territorial Unit ◽  
The Subject ◽  
The Russian Federation ◽  
Further Development ◽  
Municipal Level

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

scholarly journals LAW AS A VALUE, VALUES IN LAW (PART TWO)

2021 ◽  
Vol 1 (91) ◽  
pp. 69-79
Author(s):  
Aleksandrs Baikovs
Keyword(s):  
Legal Culture ◽  
Legal Regulation ◽  
Legal Order ◽  
Legal Consciousness ◽  
Apparent Lack ◽  
A Value ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Fundamental Values

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.

scholarly journals FEATURES OF CODIFICATION OF LEGISLATION IN THE FIELD OF DEFENSE OF UKRAINE: ORGANIZATIONAL AND LEGAL ASPECTS

2021 ◽  
pp. 108-115
Author(s):  
V. Shulhin ◽  
Keyword(s):  
Social Relations ◽  
Armed Forces ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Special Period ◽  
National Defense ◽  
Legal Norms ◽  
Existing Problems ◽  
Military Law ◽  
Legal Defense

The article analyzes organizational and legal (theoretical and legal, organizational and technical), comparative and applied and terminological and conceptual aspects of codification of legislation in the field of defense of Ukraine, which has important theoretical, legal, practical and applied significance for the effective operation of national defense forces. Security and defense in a special period of conducting a joint operation and on the way to the Euro-Atlantic integration of our country, interoperability with the armed forces of NATO member states are also within the focus of the paper. In order to determine the system-scientific approach to the implementation of this national-strategic task, the subject of which is the regulation of military-legal social relations in the field of defense forces of the security and defense sector of Ukraine, an attempt was made to explore organizational and legal, defense-institutional national features and capabilities, quality and degree of readiness of separate acts (legal norms) of the current legislation in the field of defense to their codification. The legal nature of codification of legislation is established and substantiated; its general and special concept is clarified taking into account existing problems and features of modern process of defense normative-legal regulation, military law enforcement, improvement of nationaldefense and military-legal relations; proposals for process algorithms codification of legislation in the field of defense of Ukraine are formulated.

scholarly journals The Arctic and global warming: adaptation to climate change and environmental protection

2022 ◽  
pp. 1-16
Author(s):  
Nikolai Kudelkin
Keyword(s):  
Climate Change ◽  
Global Warming ◽  
Social Relations ◽  
Legal Regulation ◽  
The Arctic ◽  
Adaptation To Climate Change ◽  
Legal Norms ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the legal norms that regulate social relations arising in the context of implementation of measures aimed at global warming prevention and adaption to climate change. The goal of this work lies in formulization of theoretical and practical conclusions and recommendations for the improvement of legal regulation in this sphere based on the analysis of legislation, policy documents of different countries, as well as information and data pertinent to climate change. Methodological framework is comprised of the logical techniques, means of cognition, general scientific and special methods, such as analysis, synthesis, analogy, deduction, induction, comparative-legal, formal-legal,  etc. The relevance of this topic is substantiated by the continuous global warming worldwide, particularly the temperatures in the northern polar region. At the same time, the experts note that the efforts made by the international community to reduce greenhouse gas emissions neither decelerate the global warming, nor reduce the concentration of such gases. This means that that the efforts should be aimed at adaptation to the new climatic realities. The article examines the questions related to climate protection, as well as adaptation to climate change applicable to the Arctic. A number of theoretical and practical conclusions and recommendations are made. For protection of the Arctic environment in the conditions of changing climate, it is necessary to stipulate in the Russian legislation such legal instrument as the strategic environmental assessment, at least for projects implemented in the Arctic Zone of the Russian Federation.

SMART CONTRACT: CONCEPT, LEGAL REGULATION, ASPECTS OF CONSUMER PROTECTION

2021 ◽  
Vol 14 (4) ◽  
pp. 236-247
Author(s):  
IRINA VIKTOROVNA ERMAKOVA ◽  
◽  
◽  
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Smart Contracts ◽  
Legal Norms ◽  
Legal Relationship ◽  
Smart Contract ◽  
The Subject ◽  
Definition Of

The subject of the research is legal norms aimed at regulating by law relations in the field of concluding and executing smart contracts, including issues of protecting the rights of the parties to such contracts, including consumers. The object of the research is social relations arising in the process of creating, concluding and executing of smart contracts. Particular attention is paid to the theoretical and practical aspects of the definition of the concept of “smart contract” and its essence, as well as its legal status. In addition, the article considers approaches to defining the essence of institutions that are closely related to the category of “smart contract”, such as “cryptocurrency”, “digital ruble”, “mining”. The aspects of the protection of fundamental rights of the parties involved in the considered legal relationship, including consumers, are also analyzed. Examples of court decisions regarding the corresponding category of cases are given. The novelty of the research lies in determining the current approaches in relation to the essence, concept and legal status of smart contracts, including the current position of law enforcement practice in relation to this issue. In addition, the novelty of the study lies in considering the practical aspects of the conclusion and execution of smart contracts, including, indicating examples of blockchain platforms on the basis of which smart contracts can function. Ultimately, the study led to the development by the author of some proposals in order to improve the relevant legislation. In particular, the author proposed to consolidate at the legislative level the legal definition of the concept of “smart contract”, indicating the appropriate wording.

scholarly journals Practical and theoretical problems of legal regulation of surrogacy

2021 ◽  
pp. 1-12
Author(s):  
Yana Ivanovna Suprun ◽  
Anastasiya Maksimovna Kozlova
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Case Law ◽  
Legal Regulation ◽  
Surrogate Mother ◽  
Legal Norms ◽  
The Social ◽  
Legal Nature ◽  
The Subject ◽  
Genetic Parents

The subject of this research is the legal norms applied to the surrogacy program as an independent institution that requires a separate place in the system. The object of this research is the social relations arising in the sphere of surrogacy procedures for future parents, as well as protection of the rights of a child born from artificial insemination. Special attention is given to such aspects as the surrogacy contract, registration of a child born to a surrogate mother, court opinion on the refusal to register a child born to a surrogate mother, and right of a single father to register a child born to a surrogate mother. The novelty of this article lies the analysis and examination of case law dedicated to the practical and theoretical problems of using surrogacy. The definitions are provided to the concepts of surrogacy and surrogate mother. Recommendations are made on the amendments to family and civil legislation by introducing norms that would regulate and determine the legal nature of surrogacy contract, norms on the child’s registration by the genetic parents who are not legally marries, as well as norms that to regulate the rights and responsibility, legal status of the father of a child born to a surrogate mother.

scholarly journals Legal issues of prevention and response to accidental spills of petroleum products

2021 ◽  
pp. 74-84
Author(s):  
Nikolai Kudelkin
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Petroleum Products ◽  
Legal Regulation ◽  
Environmental Damage ◽  
Legal Norms ◽  
The Subject ◽  
The Russian Federation ◽  
Advanced Development ◽  
Official Data

The subject of this research is a set of legal norms that regulate social relations in the area of prevention and response to accidental spills of petroleum products. The goal of this work consists in formulation of theoretical and practical conclusions and recommendations aimed at the improvement of legal regulation in this sphere. The relevance of the selected topic is defined by the fact that accidental spills of hydrocarbons is an urgent concern for the Russian Federation. The official data indicates over 17,000 accidents occurred at enterprises of the fuel and energy complex in 2019. The due regulation of prevention and response to spills of petroleum products is definitely one crucial elements in ensuring environmental security of the Russian Federation. The article examines the legal support issues with regards to prevention and response to accidental spills of petroleum products. Based on the analysis of the effective legislation, the author makes a number of conclusions and recommendation. It is noted that the norms regulating the relations in this sphere are for the most part dedicated to the issues of localization and elimination of the spills of petroleum products, i.e. measures taken after the spill. Such crucial problem as the prevention of spills of petroleum products and environmental damage is not given due attention in the legislation. The author also formulates the principle of advanced development of environmental legislation, according to which the legislative and technical regulation of the activity posing heightened risk to the environment and (or) associated with the use of natural resources should be proactive.

scholarly journals RESEARCH ISSUES OF SOCIAL AND LEGAL ASPECTS OF THE CONSTRUCTION OF RELIGIOUS SITES IN RUSSIA

2021 ◽  
Vol 10 (34) ◽  
Author(s):  
T.V BERNYUKEVICH ◽  
Keyword(s):  
Urban Environment ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Right To The City ◽  
Research Issues ◽  
Religious Buildings ◽  
The Subject ◽  
The Right ◽  
The City

The article presents an analysis of research on the issues of studying the social and legal aspects of the construction of religious sites in Russia. The following groups of works on this issue have been identified: 1) historical and cultural, social and philosophical, and philosophical and cultural studies that focus on the connection of religious construction with the history of culture, social transformations, forms and strategies of management; 2) publications, the subject of which is the peculiarities of the formation of the legal basis for the construction of religious objects in Russia; 3) studies that examine the construction of religious buildings in the context of correlating the prospects for the development of Russian legislation and the tasks of improving the urban environment; 4) works that determine trends in the development of social concepts of urban planning, including the construction of religious buildings; 5) publications related to specific issues of legal regulation of the religious use of land and the construction of religious buildings. The article examines works, the subject of which is both the problem of finding the theoretical foundations for the development of this area of law, and the issues of the practice of law enforcement in solving the problems of the religious building’s construction in Russia. The right to the city concept (H. Lefebvre, D. Harvey) can serve as a theoretical basis for the formation of the urban environment, the development of social relations in the city, prevention and overcoming of urban conflicts. It can be implemented during reception in the legal sphere, what requires to determine the essence of the right to the city within the framework of jurisprudence, to specify the subjects of this law, to develop ways of legislative consolidation and enforcement mechanisms.

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