scholarly journals On the procedure for calculating the time periods of non-exploitation of agricultural lands at their withdrawal from users

2019 ◽  
pp. 39-46
Author(s):  
Galina Leonidovna Zemlyakova
Keyword(s):  
Agricultural Land ◽  
Legal Regulation ◽  
Federal Law ◽  
Agricultural Lands ◽  
Scientific Methods ◽  
Legal Norms ◽  
Unused Land ◽  
Special Scientific ◽  
General Scientific ◽  
The Subject

The subject of the research is the legal norms regulating the procedure for calculating the terms of non-use of agricultural lands, which allow state authorities to apply the procedure for their withdrawal from unscrupulous owners. In this regard, the author performs a retrospective analysis of the law regulating the turnover of agricultural land, taking into account all the changes and amendments, and identifies the shortcomings in the legal regulation of this sphere which prevent the involvement of land plots in agricultural turnover.The study is based on such general scientific methods as analysis, synthesis, generalization, comparison, as well as the following special scientific methods: historical-legal, formal-legal.The author concludes that repeatedly introduced amendments to article 6 of the Federal law of July 24, 2002 No. 101-FZ "on the turnover of agricultural land" have specified the rules governing the procedure for the withdrawal of unused land plots from owners. However, it has not solved the problem of non-use of land suitable for agricultural production.

Current Problems of Concluding an Agreement on the Alimony Payment for Minors in Russia

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 859
Author(s):  
Yulia ARTEMYEVA ◽  
Natalya IVANOVSKAYA ◽  
Valentina KONCHEVA ◽  
Elena SITKAREVA
Keyword(s):  
Research Methods ◽  
Civil Law ◽  
Social Modeling ◽  
Scientific Methods ◽  
Legal Norms ◽  
Judicial Practice ◽  
Special Scientific ◽  
General Scientific ◽  
The Subject ◽  
Comprehensive Study

The purpose of the manuscript is to analyze the trends and peculiarities of contractual regulation of alimony obligations concerning minors in Russia. The authors use a set of philosophical, general and special scientific methods of cognition of theoretical and empirical materials. In the course of the research, a dialectical-materialistic method was used to study the norms of family and civil law in their interrelations, interdependence, contradictions, taking into account all-roundness and objectivity in the study. In order to conduct a comprehensive study of problematic issues, general scientific methods (analysis, synthesis, deduction, induction, systemic) and private-science (comparative-legal, formal-legal, technical-legal, social modeling of the research) methods of cognition are used in the manuscript. The proposed comparative legal study allows for determining the main directions for the following: comprehensive improvement of the legal norms for the protection of the interests of the child in the process of divorcing parents, establishing the subject composition of agreements on the payment of alimony, determining the criteria for taking into account the various factors of participation in the life of the child when calculating the amount of content, developing a system of extra-judicial resolution of material welfare issues of the child during divorce, to optimize judicial practice, create a comfortable atmosphere for the development and upbringing of children.  

Administration of the educational process (legal and linguistic-didactic aspects) in the conditions of quarantine and post-quarantine measures caused by covid-19

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi
Keyword(s):  
Public Relations ◽  
Educational Process ◽  
Scientific Methods ◽  
Functional Changes ◽  
Educational Processes ◽  
Special Scientific ◽  
Science And Education ◽  
General Scientific ◽  
The Subject ◽  
The Impact

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.

scholarly journals Current issues of the implementation of a criminal penalty

2021 ◽  
Vol 17 (2) ◽  
pp. 93-100
Author(s):  
Ekaterina V. Avdeeva
Keyword(s):  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Current Trends ◽  
Criminal Penalty ◽  
General Scientific ◽  
The Subject

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.

Medical-protective regime and its significance in the process of enforcement of compulsory medical measures in stationary conditions

2020 ◽  
pp. 18-28
Author(s):  
Александра Викторовна Васеловская
Keyword(s):  
Psychiatric Hospital ◽  
Mentally Ill ◽  
Psychiatric Hospitals ◽  
Legal Regulation ◽  
Compulsory Treatment ◽  
Scientific Methods ◽  
Logical Language ◽  
General Scientific ◽  
The Subject ◽  
Stationary Conditions

Применение принудительных мер медицинского характера в стационарных условиях влечет за собой изоляцию психически больного лица от общества посредством помещения его в психиатрический стационар на заранее не определенный срок. Применение данной меры связано с существенными ограничениями прав и свобод граждан, а потому требует четкой правовой регламентации. Предметом рассмотрения настоящей статьи стали вопросы правового регулирования порядка установления и обеспечения лечебно-охранительного режима психиатрического стационара, исполняющего принудительное лечение. В процессе работы над статьей были использованы как общенаучные (анализ, синтез), так и частнонаучные (формально-юридический, логико-языковой, статистические) методы, позволившие провести комплексный анализ категории «лечебно-охранительный режим» применительно к принудительным мерам медицинского характера. Исследование показало, что предусмотренные действующим уголовным законом типы психиатрических стационаров, исполняющих принудительное лечение, различаются между собой условиями пребывания в них психически больных лиц. Необходимость установления различных условий пребывания обусловлена, в свою очередь, разной степенью общественной опасности лиц, которым назначено принудительное лечение. Лечебно-охранительный режим устанавливает порядок пребывания лиц в отделениях для принудительного лечения и создает наиболее оптимальные и безопасные условия для лечения указанных лиц. С учетом представленных в статье выводов автором обосновывается позиция о необходимости закрепления в законе понятия лечебно-охранительного режима психиатрического стационара, исполняющего принудительные меры медицинского характера, а также необходимость разработки и принятия типовых правил внутреннего распорядка, определяющих особенности лечебно-охранительного режима в зависимости от типов психиатрических стационаров. The use of compulsory medical measures in stationary conditions entails the isolation of a mentally ill person from society by placing him in a psychiatric hospital for an indefinite period. The application of this measure has special restrictions on the rights and freedoms of people, and therefore requires clear legal regulation. The subject of this article is the issues of legal regulation of the procedure for establishing and ensuring the medical-protective regime of a psychiatric hospital performing compulsory treatment. In the process of work on the article there were used both general scientific methods (analysis, synthesis) and private scientific methods (formal-legal, logical-language, statistical), which made it possible to conduct a comprehensive analysis of the category "medical-protective regime" in relation to compulsory medical measures. The study showed that the types of psychiatric hospitals that perform compulsory treatment differ among themselves in the conditions of stay of mentally ill persons in them. The need to establish different conditions is due, in turn, to the different degree of social danger of persons who are assigned compulsory treatment. The medical-protection regime establishes the procedure for the stay of persons in departments for compulsory treatment and creates the most optimal and safe conditions for the treatment of these persons. Taking into account the conclusions presented in the article, the author substantiates the position concerning the necessity to consolidate in the law the concept of a medical-protective regime of a psychiatric hospital, performing compulsory medical measures. It is also necessary to develop and adopt standard internal regulations that determine the features of the medical-protective regime, depending on the types of psychiatric hospitals.

Application of Administrative and Financial and Legal Responsibility for Budget Offenses under the Laws of Ukraine and Other Countries of Eastern Europe

2020 ◽  
Vol 11 (4) ◽  
pp. 1246
Author(s):  
Yuriy S. NAZAR ◽  
Tetiana Ya. NAZAR ◽  
Ivanna M. PROTS ◽  
Danylo I. YOSYFOVYCH ◽  
Olena M. ILYUSHYK
Keyword(s):  
Eastern Europe ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Distinctive Features ◽  
Scientific Methods ◽  
Financial Responsibility ◽  
Special Scientific ◽  
General Scientific ◽  
Conducting Research

The relevance of this paper is determined by both the need for appropriate scientific support to counter violations of budget legislation that have recently become quite common in Eastern Europe, and the advisability of using positive enforcement experience in Ukraine, Poland and Slovakia in this process. The purpose of the paper is to study the application of measures of administrative and financial responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia in order to identify common and distinctive features of the legal regulation of this application and provide recommendations on the implementation of positive experience in the national legislation of each country. The methodological basis of the study is a set of general scientific and special scientific methods and techniques of scientific knowledge that provide an integrated approach to the analysis of financial, legal and administrative aspects of responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia. It seems advisable to borrow for Ukraine and Slovakia the experience of legal regulation of budget-delictual relations in Poland by adopting a single legislative act that would regulate the grounds and procedure for applying measures of financial and legal responsibility in the budget sphere, and for Poland and Slovakia the experience of Ukraine in differentiation would be interesting responsibility of officials who committed violations of budget legislation (administrative responsibility) and legal entities (administrators or recipients of budget funds) on whose behalf the officials acted (financial and legal liability). The materials in this article may be useful for scientists conducting research on budget-delictual relations, scientific and pedagogical workers during the teaching of the disciplines of ‘Financial Law’, ‘Budget Law’, as well as for representatives of law-making entities in the process of improving budget and administrative legislation.

scholarly journals The Civil Law Principle of Cooperation in the Continental Law Doctrine: Extension Beyond Contractual Legal Relations

2021 ◽  
pp. 346-371
Author(s):  
A. A. Fedoseev ◽  
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Timely Manner ◽  
Scientific Methods ◽  
Property Relations ◽  
Contractual Obligation ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Contractual Relations

Introduction: the article analyzes the possibility of the civil law principle of cooperation being implemented in various types of relations under civil law. Traditionally, the cooperation principle is considered in both Russian and foreign literature as the principle of fulfillment of a contractual obligation or as a group of additional obligations imposed on the parties to the contract and arising from the good faith principle. A more detailed consideration of the idea if cooperation allows us to draw a conclusion about the feasibility of this principle in other types of relations under civil law. Purpose: to justify the possibility of the cooperation principle being implemented in civil law relations other than contractual relations, namely in property legal relations, pre-contractual legal relations, and obligations from causing harm (protective legal relations). Methods: general scientific dialectical method; special scientific methods such as the method of comparative law, the technical method, the legal-dogmatic method, the historical-legal method. Results: analysis of legal regulation of such relative legal relations as contractual, pre-contractual, and protective, as well as property legal relations as a form of absolute legal relations, has shown that the cooperation principle is successfully implemented in these types of legal relations. Therefore, it is possible to consider this principle to pertain to the branch of civil law as a whole. Conclusions: the cooperation principle performs two functions: first, based on this principle, it is possible to achieve the purpose of civil law relations in a more effective way; second, this principle serves as a mechanism to overcome unforeseen circumstances that prevent the purpose of legal relations from being achieved. These functions are carried out in all the types of legal relations considered: in contractual relations – when there arise obstacles to the performance of a contract not specified in the contractual provisions; in pre-contractual relations – when there arise obstacles to achieving the purpose of negotiations (i.e. conclusion of a civil law contract); in protective relations – when there is a risk of an increase in harm or a risk of inability to fully reimburse damage in a timely manner; in property relations – when there occurs an accidental loss of a thing by the rightsholder.

scholarly journals Psychological Rehabilitation During a Coronavirus pandemic. Legal Aspects

2021 ◽  
Vol 64 (3) ◽  
pp. 238-241
Author(s):  
Olena O. Terzi ◽  
Igor Z. Gladchuk ◽  
Igor V. Shpak
Keyword(s):  
Medical Training ◽  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Psychological Assistance ◽  
Practical Recommendations

Aim: To analyse the legal regulation of the provision of psychological assistance during the coronavirus pandemic. materials and methods: The research methods were chosen with the aim of the study in mind. In order to establish objectivity and validity of scientific provisions, conclusions, during the research, a set of general scientific and special scientific methods was used, in particular such as: (1) the formal legal method was used to analyse the legal and ethical foundations for providing psychological assistance during the coronavirus pandemic; (2) using the comparative legal method, the approaches of national legislation and international standards to the provision of psychological assistance during the COVID-19 pandemic were clarified; (3) the forecasting and modeling method was used to develop practical recommendations regarding the importance of analyzing the legal regulation of the provision of psychological assistance during the coronavirus pandemic and others in the future; (4) the method of systems analysis made it possible to study the legal regulation of the provision of psychological assistance during the coronavirus pandemic; (5) the historical and legal method made it possible to identify the features of the evolution of legal regulation of the provision of psychological assistance during pandemics. Conclusions: The COVID-19 pandemic has exacerbated existing health deficiencies, including a shortage of psychologists. States should initiate medical training programs, including for psychologists and psychotherapists. It should be noted that psychological assistance during a coronavirus pandemic should be based on the following principles: accessibility; continuity; focus; interdisciplinary; educational nature of interventions.

scholarly journals GENESIS OF LEGAL INFORMATIZATION IN THE REPUBLIC OF BELARUS

2020 ◽  
Vol 16 (4-1) ◽  
pp. 185-198
Author(s):  
Марина Андрияшко
Keyword(s):  
Information Society ◽  
System Analysis ◽  
Legal Regulation ◽  
Point Of View ◽  
Scientific Methods ◽  
Special Scientific ◽  
General Scientific ◽  
Legal Restrictions ◽  
The Republic ◽  
Restrictive Measures

The announcement in 2020 of the COVID-19 pandemic raised the problems linked to the access to information and approaches to organizing informatization to an unprecedented level. In the context of full and partial quarantine measures, social distancing and other restrictive measures, subjects continue to participate in most of the usual legal relations: educational, medical, trade, services, voting, etc. Relations in the field of organizing legal informatization occupy a special place among other types of legal relations; moreover, their predetermining status is preserved when establishing legal restrictions. Considering the above, the study of the genesis of legal informatization on the example of the Republic of Belarus is of certain interest. Purpose: to carry out a historical and chronological analysis of the legal regulation of relations in the field of the formation and development of legal informatization in the Republic of Belarus. Methods: the author uses general scientific methods (system analysis, definitions, system-structural, functional and methods of argumentation theory) and special scientific methods (formal legal, comparative legal, comparative historical). Results: from the point of view of the chronology of adopting of normative legal acts on the development of the information society, the study develops the periodization of the formation and development of legal informatization in the Republic of Belarus.

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.

PHARMACEUTICAL LAW: CRIMINAL ASPECTS

2021 ◽  
Vol 14 (6) ◽  
pp. 203-209
Author(s):  
ANNA SEREBRENNIKOVA ◽  
Keyword(s):  
Criminal Law ◽  
Raw Materials ◽  
Active Phase ◽  
Legal Regulation ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Scope Of Application ◽  
General Scientific ◽  
Criminal Legislation

The author, considering the possibility of the emergence of a new branch of law in the future - pharmaceutical law, focuses on the complexity of regulating the sphere of turnover of medicines, at the same time pointing to this as the main reason for the uncertainty of the legislator in matters of the correctness of the choice of the object and subject of legal regulation. The author, citing examples from practice, draws attention to the fact that pharmaceutical activity is gradually becoming the object of regulatory regulation of various legal institutions, where the turnover of medicines, as well as medicines and other products containing raw materials of a medicinal nature, can be subject not only to the rules of civil turnover, as well as other special acts, but also to the norms of criminal law. The purpose of the study: To analyze the criminal legislation of the Russian Federation, including articles of the Criminal Code that establish responsibility for crimes in the field of pharmaceutical criminal law. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpretation of legal norms, which together make it possible to more effectively analyze the institutions of criminal law and determine the directions of development of the norms of pharmaceutical criminal law. Conclusions: as a result of the study, the author consistently substantiated the conclusion that the scope of application of criminal legislation in the control of pharmaceutical activities is expanding, at the same time, frequent violation of established prohibitions and regulations in the turnover of medicines suggests that the dialectical component of this issue is in an active phase of development, which indicates the inevitability (regularity and expediency) of the separation of a group of norms into a relatively autonomous group, which may be called pharmaceutical criminal law.

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