Legal Norms
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2027
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Author(s):  
И.А. Григорьева ◽  
Г.В. Колосова

Современное общество становится все более сложным, меняются не только технологии, но и его социально-возрастная структура. Человечество впервые столкнулось с ситуацией, когда пожилых больше, чем молодежи, и оказалось к этому не готово. Возникает новая задача - согласование взаимодействий и интересов множества субъектов социального взаимодействия в интересах пожилых. Традиционных управленческих воздействий государства становится недостаточно, постепенно складываются механизмы самоорганизации общества и автономности граждан. Новой проблемой стало не только быстрое старение общества, но и увеличение числа пожилых, требующих постоянного ухода в последние годы жизни. Уже сложившиеся «закрытые институты» - дома престарелых - сегодня все менее популярны у населения. В статье предложен обзор российского законодательства о долговременном уходе за пожилыми, а также анализ успехов и барьеров взаимодействия в организации ухода государства, коммерческих и некоммерческих учреждений в Санкт-Петербурге - городе пожилого населения и развитого социального обслуживания пожилых. Поэтому мы вправе сделать вывод, что социальное обслуживание в Петербурге может рассматриваться как перспективная модель развития долговременного ухода за пожилыми. Цель статьи - анализ особенности взаимодействий различных субъектов складывающейся в Петербурге системы долговременного ухода за пожилыми. Нас интересуют ситуации, когда имеющихся правовых норм/регулирования/вмешательства во взаимодействия достаточно, чтобы задачи ухода решались, а участники не страдали, и наоборот - когда имеющихся регулятивов недостаточно и либо задачи не решаются, либо потерпевшей стороной оказывается пожилой человек или его семья. Modern society is becoming more and more complex, not only technologies are changing, but also its socio-age structure. For the first time, mankind found itself in a situation where there are more elderly people than young people, and it turned out to be not ready for this. A new task arises - the coordination of interactions and interests of many subjects of social interaction in the interests of the elderly. The traditional administrative influences of the state are becoming insufficient; mechanisms of self-organization of society and the autonomy of citizens are gradually taking shape. A new problem has become not only the rapid aging of society, but also an increase in the number of elderly people requiring constant care in the last years of their lives, since the already existing «closed institutions». Nursing homes are less popular today. The article provides an overview of Russian legislation on long-term care for the elderly, as well as an analysis of the successes and barriers to interaction in organizing care for the state, commercial and non-profit institutions in St. Petersburg. Petersburg is a city of the elderly population and developed social services for the elderly. Therefore, we have the right to conclude that social services in St. Petersburg can be viewed as a promising model for the development of long-term care for the elderly. The purpose of the article is to analyze the peculiarities of interactions between various subjects of the system of long-term care for the elderly that is emerging in St. Petersburg. We are interested in situations when the existing legal norms/regulation/interference in interactions are sufficient for the tasks of care to be solved, and the participants did not suffer. And vice versa, when the existing regulations are insufficient, and either the tasks are not being solved, or the injured party is an elderly person or his family.


2022 ◽  
pp. 109-114
Author(s):  
A. V. Kuznetsov

The author studies the legal norms of the exercise of the powers of the Constitutional Court of the Russian Federation. The list of the main provisions of the Federal Law on the powers of judges and the court in connection with amendments to the Constitution of the Russian Federation is presented. The provisions of the new edition of the Federal Law on the Constitutional Court of the Russian Federation are considered. The legal analysis of the amendments made to the FKZ for legal evaluation from the theoretical and practical side is carried out.


2022 ◽  
Vol 27 ◽  
pp. 379-383
Author(s):  
M. Fadly Fitri ◽  
I Nyoman N ◽  
Slamet Suhartono ◽  
Budiarsih Budiarsih

This research is normative law. The rule of law gives the highest supremacy to a country in providing welfare and forming legal norms, the ratification of GATT through Law No.7 of 1994 concerning Ratification of the Agreement Establishing The World Trade Organization (ADDITIONAL TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA NO. 3564) is the rule of law that has the highest supremacy, the result is to comply with the ratified GATT legal norms where the related parties of the public contract agreement can exercise the right to test for inconsistencies.


2022 ◽  
Vol 5 (4) ◽  
pp. 148-158
Author(s):  
K. V. Maslov

The subject. The article characterizes the role of Russian Constitution, federal laws and bylaws in ensuring tax security.The purpose of the article is to identify legal norms that ensure the tax security of the state, and to confirm the hypothesis that such norms hat such norms are effective in systemic interaction.The methodology. The author uses methods of system analysis of scientific papers devoted to the provision of various types of security. Formal logical and legal interpretation of Russian regulatory legal acts is used also.The main results. Regulatory documents in the field of tax security can be classified into: the Constitution of the Russian Federation at the highest level; program documents (conventions, strategies, charters, concepts, programs, doctrines, standards, directives) as acts of the first level, the legislation of the Russian Federation and its constituent entities is at the second level; departmental regulatory legal acts are at the third level. The law on security should be an act of direct action that determines the content of the management activities of public authorities to ensure security by fixing its goals, principles, the most general forms and means of implementation. The basis of legal provision of tax security at the legislative level should be defined in the federal law on security as well as in the federal law "On Tax Authorities of the Russian Federation" (in intra-governmental relations context because tax authorities are the main subjects of tax administration) and in the Russian Tax Code (concerning relations between public administration bodies and private entities). Any draft legislative acts affecting issues of tax relations and economic management should be examined for compliance with national interests in the field of tax security and the effectiveness of minimizing threats. Each legislative act should take into account the implementation of the goals and principles of ensuring tax security (as well as other types of security) enshrined in the concept document. Such expertise is possible in the process of approving draft laws by the Russian Government as well as when registering relevant bylaws by the Russian Ministry of JusticeConclusions. The Russian Constitution should consolidate a unified approach to the essence of security as a whole. Legislative acts (first of all, the laws on security, on tax authorities, the Tax Code of the Russian Federation) should provide for the main directions of countering threats to tax security arising in the relevant areas of regulation. By-laws and regulations are designed to fix specific managerial ways of dealing with such threats.


Author(s):  
John Adenitire

Abstract This paper argues for a theory of the rule of law that is inclusive of sentient non-human animals. It critiques the rule of law theories of Fuller, Waldron, and Allan, by showing that their theories presuppose that the legal subject is a person who can be guided by legal norms. This unduly excludes non-human animals, as well as certain humans who do not have rational capacities. If we view the basic idea of the rule of law as restraining arbitrary power, then rule of law theories need to give an account of who can be a potential victim of such power. Non-human animals and humans, whether endowed with rational capacities or not, can all be victims of arbitrary power. So, we need a new rule of law theory which is inclusive of all sentient animals, humans and non-human alike. This paper sets out such an inclusive theory.


2022 ◽  
Vol 3 (1) ◽  
pp. 12-20
Author(s):  
Dewi Bunga

Body shaming is one of the verbal crimes that exist in cyberspace. According to the Clarity Clinic, body shaming is the act of humiliating someone based on their body shape by mocking them. Launching the official website of the Association of Anorexia Nervosa and Associated Disorders, body shaming is any act or practice of insulting other people's body shape or size, weight, hairstyle, dress and appearance. In this study, two problems will be discussed, namely 1) why body shaming act needs attention in criminal law policies and 2) how criminal law policies deal with body shaming. This research is a normative juridical research that examines legal norms regarding body shaming in Indonesia. Legal materials consist of primary and secondary legal materials collected through literature study. The analysis was carried out qualitatively. Body parts are used as objects to drop a person's image. Body shaming is a form of bullying or bullying. Practices like this can leave severe emotional trauma and disrupt the victim's mental health. The trauma experienced by the victim can even occur in the long term. This form of bullying can be carried out by the closest people such as parents, relatives, friends, strangers, to negative comments on social or conventional media. Body shaming act in cyberspace is a challenge in criminal law policy in Indonesia, both in the context of prevention and in law enforcement policies against perpetrators. Digital literacy is a very important pillar to understand that mocking someone's body shape is a crime.


2022 ◽  
Vol 5 (4) ◽  
pp. 55-77
Author(s):  
A. I. Stakhov ◽  
N. V. Landerson ◽  
D. G. Domrachev

The subject. Doctrinal approaches that reveal the place and role of public authorities, as well as organizations performing the functions of these authorities in the administrative process carried out in the Russian Federation, the principles and norms of the Constitution of the Russian Federation, administrative procedural legislation that form the legal basis of the administrative process in Russia.The purpose of the article is scientific substantiation of the integration of non-judicial bodies carrying out the administrative procedure into a special subsystem of public power, called public administration in the Russian Federation.The methodology. Formal logical and dialectical methods as well as private scientific methods such as method of interpretation of legal norms, method of comparative jurisprudence were used.The main results, scope of application. The article reveals the scientifically based content of the integrative approach to understanding the administrative process in contemporary Russia, taking into account the norms of the Russian Constitution and the analysis of existing doctrinal developments of administrative scientists. The article substantiates the structure of the administrative procedural legislation of the Russian Federation ant it’s constituent entities, which includes the judicial administrative process and the executive (non-judicial) administrative process implemented by the public administration (executive authorities, local self-government bodies, other administrative and public bodies). Administrativeindicating legal norms are distinguished, the analysis of which allows us to reveal the content, form, structure of the judicial administrative process and the executive (extra-judicial) administrative process, as well as to establish an integrative relationship between them with the help of such special categories as “judicial administrative case”, “extra-judicial administrative case”, “administrative proceedings”, “administrative proceedings”. A number of key proposals are put forward to systematize the judicial administrative process and the executive (extrajudicial) administrative process in Russia on the basis of developed scientific positions. The article reveals the question of a scientifically based theory for understanding the administrative and public functions of public administration, as well as the system and structure of public administration in modern Russia.Conclusions. The presented integrative approach to understanding the administrative process and its differentiated systematization for the judicial administrative process and the executive (non-judicial) administrative process are the only true way to develop the Russian model of administrative process. The question of the need to systematize the administrative and public functions implemented by the public administration is raised. It is proposed to develop and adopt a federal law “On Public Administration in the Russian Federation”, the authors substantiate the content of the structure of this law.


2022 ◽  
Vol 5 (4) ◽  
pp. 5-19
Author(s):  
E. V. Vinogradova ◽  
T. A. Polyakova ◽  
A. V. Minbaleev

The subject of the research is the legal nature of the digital profile of a citizen, as well as a set of legal norms regulating digital profiling relations in Russia.The comparative method, the method of system analysis, as well as the method of legal modeling are used in the article.The purpose of the article is to confirm or disprove the hypothesis that legal regulation is not the only mechanism for regulating relations in the field of digital profiling.The main results, scope of application. The article studies the phenomenon of digital profile, the main approaches to the digital profiling as well as the circumstances that have caused the state's interest in digital profiling. The creation and operation of a digital profile should be aimed at achieving the goal set out in the legislation. The digital profile is a set of relevant, reliable information about individuals and legal entities formed in the unified identification and authentication system or other information systems of state and local government authorities. The formation of a digital profile is carried out in order to provide data to authorities, legal entities and persons who have requested access to this information through the digital profile infrastructure. The analysis of the Russian legal regulation of relations in the field of digital profiling is presented, the problems of enforcement practice are identified. The analysis revealed the main differences between the digital profile and related categories, including social scoring, the unified population register and others. The comparison of a digital profile with a digital avatar and a digital character was carried out. It is extremely important to pay close attention to the problems of digital profiling both at the level of fundamental and applied scientific research. At the state level, it is important to strategically determine what a digital profile is, as well as formulate the main directions of the digital profiling development, challenges and risks. The importance of the development of digital profiling for unified system of public authorities in the Russian Federation is outlined.Conclusions. The analysis of the emerging practice of digital profiling in contemporary society shows that legal regulation does not always allow us to keep up with the rapidly developing relations in this area. The possibility of using other mechanisms should be considered. The use of mechanisms of regulatory experiments can also be considered as special mechanisms for regulating relations in the field of digital profiling. The goal of the research has been achieved, the legal nature of the digital profile has been revealed, approaches to regulating this phenomenon in the conditions of digital transformation have been proposed.


2022 ◽  
Vol 21 ◽  
pp. 103-120
Author(s):  
Hannah C. Erlwein

This article examines how, in his al-Tafsīr al-kabīr, Fakhr al-Dīn al-Rāzī (d. 606/1210) addresses the problem of the obligation to thank the benefactor (wujūb shukr al-munʿim) within the context of the Quranic command to worship God alone. The obligation to thank one’s benefactor was a contentious problem among classical Islamic thinkers before Rāzī, and it was frequently discussed in fiqh and kalām works in the context of the ontology and epistemology of moral values and legal norms. Rāzī’s analysis in the Tafsīr, however, sheds light on another way in which the “thanking one’s benefactor”-problem was of relevance for classical Islamic thinkers: it is used to frame the rationale for monotheism in terms of the gratitude God deserves for being humans’ provider. This aspect of the “thanking one’s benefactor”-problem has not been highlighted in the secondary literature. This article discusses how Rāzī’s analysis of God’s sole deservedness of worship has theological, legal, and ethical/moral implications. The theological implications are found in the questions it raises about the notorious problem of causality. The legal implications become apparent in Rāzī’s interest in the ratio legis of the Quranic command and in establishing that the obligation arises with God’s sovereign decree. The ethical or moral implications, finally, are seen in his concern with how humans come to know of the goodness of monotheism and the repugnancy of polytheism. The article contextualises Rāzī’s position in the Tafsīr against the background of the fiqh and kalām debates about the “thanking one’s benefactor”-problem.


2021 ◽  
Vol 605 (10) ◽  
pp. 72-84
Author(s):  
Marcin Jurczyk

The article presents an analysis of the results of research carried out among minors residing in social rehabilitation centres and adolescents from upper secondary schools complying with the legal norms. The aim of the conducted research was to analyse the previous criminal record of the respondents and to analyse the existing diff erences in the type of the declared motivational background in undertaking behaviours that violate legal and social norms among the examined adolescents. A total of 133 minors from juvenile detention centres and 133 students from upper secondary schools were examined. The diagnostic survey method was used. The results of the analysis show that in the group of girls from juvenile detention centres, the motive of getting things (money) that they do not have and imitating their colleagues dominates relatively more often. In turn, among boys from rehabilitation centres, the most frequently indicated motive was repaying someone for the harm done and willing to teach someone a lesson. Among girls from upper secondary schools, the motive of imitating friends turned out to be the dominant motive for behaviour that violates social norms. No signifi cant motive was found among boys from this group.


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