scholarly journals PREVENTIVE FUNCTION OF LAW IN THE SYSTEM OF INFORMATION RISKS

2021 ◽  
pp. 38-53
Author(s):  
С.М. Воробьев ◽  
С.А. Комаров
Keyword(s):  
Information Systems ◽  
Legal Regulation ◽  
Legal Analysis ◽  
State Information ◽  
The Law ◽  
Legal Technology ◽  
Monitoring Information

Аннотация. В статье проведен теоретико-правовой анализ действия превентивной функции права, с учетом имеющегося роста различных инфор- мационных рисков. Авторы считают, что право нуждается в существенной корректировке ввиду имеющегося дисбаланса в правовом регулировании ин- формационных отношений и предупреждения распространения информацион- ных рисков. Авторы полагают, что обеспечение превентивной функции права должно быть связано с совершенствованием юридической техники и актив- ным внедрением новых государственных информационных систем мониторин- га информационных рисков. При этом настоящая статья отражает субъективную позицию авто- ров по данной проблематике. Аnnotation. The article provides a theoretical and legal analysis of the preventive function of law, taking into account the existing growth of various information risks. The authors believe that the law needs to be significantly adjusted in view of the existing imbalance in the legal regulation of information relations and prevention of the spread of information risks. The authors believe that ensuring the preventive function of law should be associated with the improvement of legal technology and the active introduction of new state information systems for monitoring information risks. At the same time, this article reflects the authors ' subjective position on this issue.

scholarly journals Integrated information systems of the US criminal justice

2020 ◽  
pp. 158-166
Author(s):  
A. A. Sobenin
Keyword(s):  
United States ◽  
Information Systems ◽  
Criminal Justice ◽  
Preliminary Investigation ◽  
The United States ◽  
Electronic Systems ◽  
Legal Analysis ◽  
State Information ◽  
Complex Information ◽  
The Us

The article analyzes the existing information systems of criminal justice in the United States both at the federal and state levels. The features of the functioning of the federal systems of criminal justice are noted. An assessment of the activities of state information systems is given, the features of the work of some of them are given. The criteria are highlighted that made it possible to carry out a comparative legal analysis of state information systems. Close attention is paid to the activities of electronic systems of bodies carrying out preliminary investigation in the United States. The author’s classification of complex information systems of the US criminal justice is proposed.

CONCEPT AND MODELS OF NOTARIAL SYSTEM IN THE LAW OF RUSSIA, FRANCE, SPAIN, AND ENGLAND

2021 ◽  
Vol 11 (3) ◽  
pp. 153-190
Author(s):  
E.V. VERSHININA ◽  
D.V. KONOVALOV ◽  
M.Yu. ZELENTSOVA ◽  
A.O. ODRINSKY
Keyword(s):  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Legal Concept ◽  
Specific Analysis ◽  
Similarities And Differences ◽  
The Law

This article presents a specific analysis of the legal concept of notarial system and the models thereof in Russia, France, Spain and England. Even though the issues of the concept and models of notarial systems have been repeatedly raised in legal doctrine, the consensus has not been reached yet. The authors of the article carry out a comparative legal analysis of the concept of notarial systems and the models thereof in Russia, France, Spain and England in order to identify the existing similarities and differences in the legal regulation of notarial systems.

scholarly journals ISSUES OF CRIME AND PUNISHMENT IN CONSTITUTIONAL ACTS OF ASIAN COUNTRIES

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Юлия Ливадная ◽  
Yuliya Livadnaya
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Asian Countries ◽  
National Regulation ◽  
Crime And Punishment ◽  
Individual Character ◽  
Legal Nature ◽  
The Law ◽  
The Moment

The current article presents a comparative legal analysis of existing constitutions and acts of constitutional meaning of Asian States, which allowed the author to disclose universal and individual approaches of understanding of legal nature and concept of notion of crime and punishment as applied to constitutional legal regulation. Examples of identical statement of the main elements of crime and punishment in the constitutional acts of Asian countries (crime and punishment established by a law; punishment is determined by the court for act, which is an offence by the law at the moment of its commission; nobody can be subject to sentence more than is provided by the law at the moment of the crime; punishment has individual character) and the original national regulation of protection of separate public relations from criminal infringements (inviolability of state authority, public order and security, individuals’ rights and freedoms, right of ownership, historical and cultural heritage) are provided. The author made a conclusion that universal and individual approaches of understanding of legal nature and content of notion of crime and punishment are not strongly differentiable in constitutions of Asian countries. They are closely bound and are in constant cooperation. This is particularly evident when questions connected to deprivation of passive and (or) active electoral right as well as dismissal of heads of states and disqualification of officials of public authorities.

scholarly journals The Concept and Subjects of Estimating Activity: Issues of Legal Regulation

2019 ◽  
pp. 90-96
Author(s):  
М. О. Ruchkina
Keyword(s):  
Legal Regulation ◽  
Legal Analysis ◽  
Logical Relationship ◽  
Evaluation Activity ◽  
The Law

The paper analyzes The Law on Estimating Activities in various editions, as well as the dynamics of its development and improvement in the context of participants of estimating activity. The author carries out the comparative legal analysis of various articles of the Law under consideration; theoretical works devoted to legal regulation of participants of estimating activity are investigated. Certain proposals are made aimed at improving the normative legal regulation of participants of evaluation activity. In particular, it is noted that the structure of legal relations presupposes the existence of correlative rights and obligations, since law is a measure of the due, and a duty is a measure of possible behavior. In view of this, the legislative consolidation of the rights and obligations of estimators should be in a logical relationship, and not arbitrary and theoretically unreasonable.

scholarly journals Codification of international law: theoretical aspects

2021 ◽  
pp. 312-318
Author(s):  
R.D. Saray ◽  
S.S. Kalinyuk ◽  
D.Yu. Tymkiv
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Legal Analysis ◽  
International Treaties ◽  
Legal Norms ◽  
Progressive Development ◽  
Main Form ◽  
Rights Of The Child ◽  
The Law ◽  
Definition Of

The effectiveness of law, as a system of legal norms and principles, largely depends on the level of organization of the latter. The criterion for assessing this condition is the level of systematization of legal norms. International law is no exception in this regard and the systematization of international legal norms directly affects its effectiveness. The article is devoted to the analysis of the issue of systematization of international legal acts and norms, the main form of which is their codification. First of all, the definition of systematization of rule norms in international law is revealed. It is determined that at the international legal level the main form of systematization of legal norms is their codification. It has been studied that it is the codification of the norms of international law that makes it possible to achieve the main goal of systematization, namely to adopt a single codified international legal document in order to comprehensively regulate a certain branch of international law.             Particular attention in the article is paid to the codification functions, which are designed to ensure the integrity of the international legal system, to unify its norms in order to obtain a balanced approach to the legal regulation of the same types of concepts in different legal systems.             Theorist-legal analysis of the separation in international law of such concepts as codification, incorporation and consolidation is carried out.             The article also focuses on determining the place and role of the UN Commission on Progressive Development and Codification of International Law. Morewhere, this UN structural unit is essentially the only universal institution right to formally codify international legal norms. And the results of the activities of the UN Commission on International Law are embodied in the adoption of international conventions under the auspices of the United Nations (Convention on the Law of International Treaties, Convention on the Law of the Sea, Convention on Diplomatic Relations, Convention on the Rights of the Child, etc.).             The article concludes with a brief conclusion, which justifies the importance of further work in the direction of codification of international law.

scholarly journals Modeling legal regulation in the field of legal innovations sustainable development in the agribusiness national projects implementation

2021 ◽  
Vol 937 (3) ◽  
pp. 032062
Author(s):  
Nikolay Saraev ◽  
Gennady Pratsko ◽  
Yuriy Demidchenko ◽  
Irina Khilchevscaya
Keyword(s):  
Public Relations ◽  
Negative Impact ◽  
Legal Regulation ◽  
Target System ◽  
Scientific Methods ◽  
Legal Principles ◽  
Expert Assessments ◽  
General Scientific ◽  
The Law ◽  
Legal Technology

Abstract Purpose: The purpose of this work is to study the patterns of legal regulation of public relations in the implementation of strategies and concepts related to improving the institutions of state and law in the field of ensuring the security and rights of citizens. Design/methodology/approach: The methodological basis of the research was made up of general scientific and private scientific methods (comparative-legal, statistical and the method of expert assessments). Findings: Failure to comply with the requirements of modeling the target system, forces and controls and predictable indicators has a negative impact on the level of legal technology of modern legislation, the uniformity of legal practice, the implementation of general legal principles, the effectiveness of institutional mechanisms that guarantee compliance with the requirements of the law, the inevitability, proportionality and fairness of measures of responsibility for their violation. Originality/value: Particular attention should be paid to improving Russian legislation, unswerving observance of the principles of social justice, equality before the law and the court, increasing the efficiency of the activities and authority of state bodies and officials, in connection with which we consider it timely and expedient to adopt the Concept of ensuring the rule of law in the Russian Federation.

Die rechtliche Regelung der heterologen Samenspende in Deutschland und in Griechenland

2021 ◽  
Author(s):  
Athina Theodoridis
Keyword(s):  
Legal Regulation ◽  
Legal Analysis ◽  
Sperm Donation ◽  
Sperm Donor ◽  
Legislative Action ◽  
Legal Situation ◽  
The Law

In her work, Athina Theodoridis offers a practice-relevant comparative legal analysis of the legal regulation of heterogeneous sperm donation in Germany and Greece. The SaRegG, which came into force on July 1st, 2018, was intended to help sperm donor children to enforce their right to knowledge of their own parentage, recognized by the BVerfG since 1989. Instead of eliminating long-standing uncertainties, however, the law raises more questions than it answers. The author not only examines the need for further legislative action, but also shows possible solutions with the aid of the legal situation in Greece.

scholarly journals Detention and Remand in Custody: Comparative Legal Analysis

2020 ◽  
Vol 15 (3) ◽  
pp. 145-153
Author(s):  
I. V. Karavaev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Federal Law ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Law ◽  
The Difference

The paper analyzes the legal regulation of detention in custody of persons confined on suspicion of committing a crime, as well as of persons in respect of whom a measure of restriction in the form of remand in custody was chosen. The norms of the Federal Law “On detention in custody of suspects and accused of committing crimes”, as well as the Criminal Procedure Code of the Russian Federation relating to these relations are considered. The differences between the two types of custody are investigated: “detention” and “remand in custody”. The author identifies six fundamental criteria underlying the difference between the two types of custody: the grounds for the detention; a person or body authorized to decide on detention in custody; duration of custody; custodial facility; legal status of persons in custody; grounds for release. It is concluded that it is necessary to revise the Federal Law "On detention in custody of suspects and accused of committing crimes", changing its structure on the basis that the law actually regulates two independent processes: taking into custody when detaining a person and detention in custody when choosing a measure of restriction in the form of remand in custody.

scholarly journals Reform of Procurement Legislation Carried Out by Certain Types of Legal Entities, in the Context of the Problem of Systematization of Regulatory Legal Acts in the Field of Public Procurement

2020 ◽  
Vol 17 (3) ◽  
pp. 320-327
Author(s):  
Yurii Lavrov ◽  
Anna Minyaeva
Keyword(s):  
Professional Education ◽  
Public Procurement ◽  
Legal Regulation ◽  
Point Of View ◽  
Regulatory Body ◽  
Depth Analysis ◽  
The Law ◽  
Legal Technology ◽  
Procurement System ◽  
Legal Entities

In this article, the authors define the criteria for public procurement. Based on the selected criteria, it has been established that government, municipal and corporative procurements today belong to the category of public procurement. An in-depth analysis of the branches of the legislation governing state and municipal procurement s, as well as procurements by certain types of legal entities, has been carried out. The authors draw attention to the state of constant reform, which is typical for public procurement, and the changes introduced into regulatory legal acts are not always successful from the point of view of the goal set by the legislator – improving legal regulation. A high degree of interest of the scientific legal community in the field of public procurement is noted. The content of the legislation on the procurement of certain types of legal entities is critically evaluated: the authors argue the position on the violation by the legislator of the rules of legal technology in the construction of the corresponding regulatory body. The prospects of legal regulation in the field of public procurement are determined. Studying the similarities and differences of the contract system of procurement and procurement of certain types of legal entities, the general orientation of the goals of these sectors of the law is revealed, provided that they are legally drawn up. It has been established that the content of both branches of the law is made up of similar institutions: a register of contracts (agreements), a register of unscrupulous suppliers (contractors, contractors), procurement planning, and the need to make purchases from small and medium-sized enterprises. Attention is drawn to the fact that professional standards contained in the field of continuing professional education take into account the labor functions of persons engaged in labor activities both on the basis of legislation on the contract system and legislation on certain types of legal entities. Based on the results of this work, the authors conclude that, despite the current differences in the legal regulation of these branches of legislation, it is advisable to consider the issue of the prospects for their unification. This is mainly due to the fact that the differentiation of the public procurement system develops negatively on the organization of activities of both customers and procurement participants.

scholarly journals Law as Design: Objects, Concepts, and Digital Things

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Computer Software ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Legal Analysis ◽  
Commercial Law ◽  
Human Relationships ◽  
Ex Post ◽  
The Law ◽  
Material Things ◽  
Design Objects

This Article initiates an account of things in the law, including both conceptual things and material things. Human relationships matter to the design of law. Yet things matter too. To an increasing extent, and particularly via the advent of digital technology, those relationships are not only considered ex post by the law but are designed into things, ex ante, by their producers. This development has a number of important dimensions. Some are familiar, such as the reification of conceptual things as material things, so that computer software is treated as a good. Others are new, such as the characterization of material things as conceptual things, so that digital goods become licensable. The regulatory consequences of the thing are increasingly built into the construction of the thing. These developments appear to be poised to envelop things beyond the digital sphere. It may no longer be apt to divide the world cleanly into conceptual and material objects. Things combine features of both. As a result, they can no longer be viewed solely as passive backgrounds against which relation-based legal analysis unfolds. To ensure that society maintains the ability to regulate as broadly as it deems legitimate, law must account for the creation and design of the things that increasingly dominate developments across a variety of legal domains, from intellectual property law to antitrust law to commercial law. The Article describes how things exercise the authority that characterizes classic legal regulation, and it reviews the different mechanisms that legal institutions have used to recognize and differentiate things. Understanding those mechanisms is a step toward appreciating the nature of the regulatory landscape in which both legal institutions and individuals exist.

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