The rule-of-law state: theory and practice
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Published By Bashkir State University

2500-0217

2021 ◽  
Vol 17 (2(64)) ◽  
pp. 179-193
Author(s):  
Ольга Александровна ХОТЬКО

The paper examines the essence of legislative support and the main elements of the legal mechanism for environmental protection and environmental safety in the implementation of transport activities in the territory of the Commonwealth of Independent States. The author reflects the different approaches of the member States of the integration association to the regulation of this sphere and the general trends of legislation with a view to identifying legal instruments to reduce the harmful effects of transport on the environment. Purpose: to analyze the model legislation of the Commonwealth of Independent States governing environmental protection and ensuring environmental safety and the acts adopted in the member states of the Commonwealth, taking into account the negative impact of transport activities on environmental protection in the context of the development of integration processes. Methods: the author uses the methods of analysis, comparison, systematization, interpretation of legal norms, formal-logical and prognostic, etc. Results: the tasks of ensuring the environmental safety of transport activities are formulated, which make it possible to demonstrate the need for the establishment of legal regulatory instruments in this area and contributing to their identification. The author concludes that there is a need to develop special documents on cooperation in the environmental safety of the Commonwealth member states, which will make it possible to define general guidelines for the creation and implementation of legal instruments to reduce transport harmful effects on the environment. It is argued that there is a need to bring the legal provisions closer together and to deepen positions on legal support in the area under study, taking into account a number of tasks that lead to integrated approaches.


2021 ◽  
Vol 17 (2(64)) ◽  
pp. 167-178
Author(s):  
Валентина Викторовна РУДЕНКО

Poland has developed a sufficiently effective and systematic approach to combating corruption among post-socialist countries. Cooperation between the authorities and non-governmental organizations is an important part of the fight against corruption in Poland. Purpose: to show the role of non-governmental organizations in Poland, to determine their main functions, goals and forms of their activities; to show the experience and challenges of interaction between the government and non-governmental organizations. Methods: the paper is based on a combination of general scientific methods (system analysis, ascent from the abstract to the concrete, synthesis, typological method, etc.) and special methods of law and political science research (comparative, content analysis, etc.). Results: The paper shows the role of non-governmental organizations in shaping the anti-corruption strategy of Poland. Their goals, functions and forms of activity, sources of their financing are analyzed. The author highlights the following positive forms of interaction between the state and non-governmental organizations: involvement of the authorities in debates and conferences held by non-governmental organizations, allocation of grants to finance their activities, taking into account the proposals of non-governmental organizations in the activities of the authorities. The author distinguishes among the negative forms: reduction of external funding in connection with state policy, violations of human rights by state bodies, violation of the obligation of non-governmental organizations to prepare an annual report on their activities. The paper concludes that it is possible to apply the positive experience of Poland in the post-Soviet countries.


2021 ◽  
Vol 17 (2(64)) ◽  
pp. 150-166
Author(s):  
Мостафа АБАДИХА ◽  
Наталия Сергеевна ЛАТЫПОВА

According to the provisions of investment agreements, one of the terms of investment at sea is the nexus between the investment and the maritime zones of the host state. Therefore, an investment is under treaty protection when it is under the geographical realm of states. Hence, the protection status beyond the state maritime boundaries is facing problems. Today, lack of clear rules in this filed can create challenges for the future investments as well. Purpose: to show how investment protection of international investment agreements beyond the states jurisdiction at sea can be created. Methods: general scientific methods of theoretical knowledge, as well as general logical methods and research techniques are used in analyzing existing investment agreements and ICSID awards. Results: the paper proposes a solution for extending the investment protection of treaties to the high sea that it is the cross-border nature of some investments that can find in the Energy Charter Treaty (1994) and the ICSID decision on Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka. Ultimately, the article shows what is the cross- border nature and how it resolves the problem of investment at high sea.


2021 ◽  
Vol 17 (3(65)) ◽  
pp. 133-145
Author(s):  
Татьяна Анатольевна ПОЛЯКОВА ◽  
Гульфия Гафиятовна КАМАЛОВА

The paper is devoted to contemporary problems of legal support for the development, introduction and use of artificial intelligence and robotics systems as one of the vectors of the development of Russian information law. The purpose of the study is to The aim of the study is to gain scientific insight into the place of a set of legal norms governing relations associated with this digital technology in the system of modern Russian law. In the course of the study, a group of interrelated methods is used, the choice of which is determined by the subject of scientific work, including system analysis, generalization, and the formal-logical method. As a result of the study, it is concluded that at present there are objective conditions and the need to establish a complex legal institution – the law of artificial intelligence in the information law system. The paper substantiates the complex nature of this institution and notes that the law of artificial intelligence, being a complex formation, is associated with a group of legal institutions of information law – institutions of personal data, information of limited access, Internet law, identification, responsibility in the information sphere and others.


2021 ◽  
Vol 17 (3(65)) ◽  
pp. 240-254
Author(s):  
Анна Владиславовна ПОПОВА

The task of creating by 2030 at least 100 advanced modern universities – centers of scientific, technological and socio-economic development of the country, in order to achieve the global competitiveness of the Russian higher education system and practical failure of the 5-100 Program reinforce the need for a reasonable legislative consolidation of criteria indicators for achieving such an ambitious goal. Purpose: to analyze the criteria of the main international rating systems, regulatory legal acts of the Russian Federation and other legal documents in the field of higher education to identify groups of criteria for achieving global competitiveness by Russian universities. Methods: the author uses empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Such special scientific methods as comparative-legal and legal-dogmatic are used. Results: the study makes it possible, based on a comparative legal analysis of the main international rating systems, legal documents, Russian legislation and scientific literature, to conclude that it is necessary to introduce criteria provisions into the legislation of the Russian Federation that take into account not only international criteria aimed at the Anglo-American education system, but, above all, the National Security Strategy of the Russian Federation.


2021 ◽  
Vol 17 (3(65)) ◽  
pp. 21-31
Author(s):  
Александр Фёдорович МАЛЫЙ ◽  
Алмаз Альбертович НИГМЕТЗЯНОВ ◽  
Игорь Геннадиевич НИКИТЕНКО

The forms of direct expression of the will of the people are diverse, and their use is the basis for the functioning of a democratic state. Their research remains relevant due to the objective changes in social relations and the accompanying political technologies. Purpose: to focus on the analysis of legislation that changes in the light of political considerations, to show the role of society in setting priorities for the development of particular relations, and to use the experience of foreign countries in analyzing such a form of expression of will as a referendum. Methods: the authors use comparison, description, interpretation, theoretical methods of formal logic. Special scientific methods such as legal-dogmatic and interpretation of legal norms are used. Results: the study concludes that there is no alternative to the government by the people as a constitutional principle that balances the interests of all segments of society. It is important to take into account the experience of other countries, which provides a wealth material for analysis.


2021 ◽  
Vol 17 (3(65)) ◽  
pp. 255-270
Author(s):  
Фарит Хатипович ГАЛИЕВ ◽  
Сергей Иванович ЗАХАРЦЕВ ◽  
Фанис Мансурович РАЯНОВ

The paper is dedicated to the 75th anniversary of Victor Petrovich Salnikov, doctor of law, professor, academician, Honored Scientist of the Russian Federation, Honorary Officer of the Internal Affairs Bodies, long-term member of the Expert Council of the Higher Attestation Commission, former head of the St. Petersburg University of the Ministry of Internal Affairs of Russia, retired police lieutenant general, editor-in-chief of the journal  «Legal Science: History and the Presence». V.P. Salnikov is known not only in our country, but also abroad as one of the largest Russian theorists of state and law. His works devoted to the problems of legal culture attract the attention of a huge number of researchers around the world. The purpose of the paper is to emphasize the contribution of Professor V.P. Salnikov to domestic legal science. At the same time, one of the proof of the invaluable contribution of V.P. Salnikov to science is not only his own work, but also the works of his students, including a large number of academics and heads of government bodies. Methods: in the process of preparing the paper, various scientific research methods are used, among which the method of historical narration is the main one. Results: 75 years of life spent in constant scientific research for V.P. Salnikov proved successful and fruitful. The scientist celebrates his glorious anniversary in good health, with many creative plans and great optimism.


2021 ◽  
Vol 17 (3(65)) ◽  
pp. 81-92
Author(s):  
Анатолий Викторович ИВАНОВ

The paper analyzes the existing basic forms of training for forensic experts of the internal affairs bodies of the Russian Federation. The issues related to the peculiarity of the forms of organizing educational activities, forms of organizing the pedagogical process, the use of methods and techniques for teaching students the basics of forensic expertise are considered. Some suggestions for organizing personal pedagogical activities at the proper level are given. Purpose: to analyze some problems in the training of experts for the Ministry of Internal Affairs of Russia and to formulate proposals for overcoming them. Methods: the author uses dialectic, analysis, synthesis, comparison, induction, deduction, structural, modeling methods. Results: when analyzing the existing forms of organization of educational activities in the training of experts for the Ministry of Internal Affairs of Russia, some problems have been identified and proposals have been formulated to improve the quality of education.


2021 ◽  
Vol 17 (3(65)) ◽  
pp. 194-210
Author(s):  
Ирина Александровна ТРОФИМЕЦ

The paper analyzes the system of state authorities that register civil status acts. The purpose of this research is to study the powers of public authorities in the field of state registration of civil status acts and to identify some problems of legislation and law enforcement in this area. In the course of the research, general and special methods of scientific cognition are used: historical, comparative, formal-legal, dialectical, etc. Results: it is concluded the system of authorities that register civil status acts are included in the state information system of civil status records as one of its components, and it is also shown that it is inappropriate to expand the scope of authorities whose powers include state registration of civil status acts.


2021 ◽  
Vol 17 (3(65)) ◽  
pp. 211-224
Author(s):  
Марина Сергеевна ТРОФИМОВА

Practice shows that a legal clinic is the most effective element of practical-oriented education in a law school today. Despite the introduction of project activities into curricula, the development of cooperation programs with employers, the harmonization of curricula and teaching materials with employers’ representatives, it is the possibilities of clinical education that enable future lawyers to acquire practical skills even before graduation. Nevertheless, some distance of clinics from employers' practice bases and sites does not allow full benefit of clinical training. Purpose: to examine possible mechanisms for interaction between legal clinics and governmental bodies, primarily courts. Methods: the national and world experience of legal clinics is studied, the level of legislative regulation of their activities and the degree of their involvement in national systems of free legal aid are determined by applying comparative legal, specific legal methods, analysis and synthesis. Results: the author substantiates that the program of clinics should include measures to provide free legal assistance to the public at employers' venues. The opinion is expressed that such work can contribute to the involvement of students in the practice of judicial representation of clients' interests, as the most professional element of free legal aid. The article identifies possible ethical and organizational problems that may arise in the implementation of such interaction, and suggests ways to overcome them on the example of the activities of the legal clinic of the Novgorod State University.


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