Law

On the Communicative Nature Mediation: Some Methodological Aspects

In the framework of Communication has developed an interpretation of communication as symbolic of the social process. Communication in the modern sense – it is a way of establishing contacts between the subjects and the shape of their interconnection and mutual influence, and the basis for the formation of new social practices. One type is the mediation of constructive interaction based on the transactional model of communication. Discussion of results. Practical implementation of extra-judicial dispute resolution and conciliation procedures in modern Russia is based on the understanding of their inner nature and driving mechanisms. The basis of the study of the communicative nature of the mediation made theoretical and methodological position of Communication. An analysis of the various approaches to the study of the fundamental characteristics of communication allowed to formulate the author’s understanding of mediation as a deliberate, planned communication taking place with the help of significant symbols. Mediation – a certain kind of communication, allowing to carry out cooperation partners in the negotiations to create a common sense of the common communicative action and agreement. This approach contributes to the formation of modern culture settlement of disputes and the wider dissemination of alternative means of resolving legal conflicts.

Legal Regime of Information Production and Distribution

Developing information technologies enhance production and distribution of messages and materials that contain various data and opinions. However, distributed information can both pursue positive goals and have a destructive impact on individual and social consciousness, be exploited to achieve publicly illegitimate and wrongful goals. Purpose. The author aims at studying and describing legal regime of information production and distribution stipulated by the Russian legislation. Results. The author investigates the subject matter of the constitutional right to produce and distribute information; gives the classification of legal means used to regulate information production and distribution; systematizes major limitations stipulated by the Russian legislation in the sphere. Conclusion. Legal regime of information production and distribution is a set of measures targeted at conditions for citizens, mass media, social organizations and public associations, political parties to exercise their rights to free information production and distribution within the stipulated legal range that ensures security of subjects of information activities.

Governance and the Constitutional Process: Problems of Interaction and Mutual Influence

The form of government as one of the three characteristics of the structure of the state, determined by the method of formation of the public authorities. The classic formula defines a republic as a form of government in which the supreme authorities elected or formed a national representative institution. Depending on the procedure of formation of executive power and the place of the President (Head of State) in the government distinguished presidential, parliamentary and semi-presidential republic, in which the law or in fact the president is always a chief executive or a part of it. At the same time the fundamental principles governing the system of state power and the place of its president, is the principle of separation of powers and independence of authorities (Art. 10 The Constitution of the Russian Federation), as well as the unity of state power (Pt. 3 of Art. 5 The Constitution of the Russian Federation). Methods. The methodological basis of research supports internally interconnected complex methods of knowledge: system-structural, functional, logical, historical. The basic general legal methods are comparative legal and formal-legal, allowing the author to explore the legal basis of the formal and the actual form of government in Russia, comparing the attributes of the Parliamentary, presidential and semi-presidential republic. Results. It is stated that at the present stage of development of the Russian state needs to shift from sverhprezidentskoy to parliamentary form of government with the relevant constitutional changes in law and practice.

Content of Secret Ballot as a Kind of Legal Regime of Information in the Russian State

The study of the content of secret ballot is impossible without a definition of «the secret ballot». The general legal concept of «secret» is not fixed in the legislation of the Russian Federation, and therefore, there are two basic approaches to this concept in the legal literature: a secret as information and a secret as the legal regime of information. Purpose. The main purpose consists in analyzing the secret ballot as the legal regime of information. Results. In the absence of legislative recognition of the concept of the legal regime of information the author has analyzed the concept of «information» and «legal regime» for the research objectives. On the basis of the analysis of the main elements of the legal regime of information the author claims that they are all inherent in the secret ballot. Conclusion. The author makes some conclusions about the content of the secret ballot, and determines the value of undisclosed information.

Taxation in the Perfomance Options Contracts as Financial Instruments of Futures Contracts

At present the legislation does not always have time to respond to the needs of modern business, the constant development and improvement of relations between subjects necessarily entails the formation of new types of relations, requiring detailed legal regulation. Purpose. Analyze the taxation of option transactions, depending on their types and participants. To investigate the levying of tax on profit of organizations and tax on added value when executing option transactions, as well as the use of incentives in the taxation of these transactions. Results. Based on carried out analysis it is established that for tax purposes payments on option contracts must be reasonable, and the award be included in the income of a taxpayer, regardless of the qualification of such transaction as a financial instrument. Moreover, it is established that the levying of value added tax shall be only part of an option recognized by the implementation. Identified the need to consolidate at the legislative level the criteria of option contracts for transactions subject to taxation, with the definition of the procedure for calculating and paying tax. Conclusion. Reveals the notion and the kinds of option transactions, are shown their new designs, causing the need for improving the tax treatment of such transactions.

Theory of Personality Constitutional Duties

Legal responsibilities of an individual are a kind of legal social norms. Every member of the society has a legal obligation (general, special, individual). Highlights from the legal obligationsenshrined in the states’ Constitutions. Purpose of article – to determine the total (theoretical) and specific constitutional duties of the individual. Results. Different theoretical approaches regarding the definition of «individual legal obligation» are analyzed as well as the justification of the values of the individual legal responsibilities to the state, society and citizens are identified. Common features of all the legal responsibilities of the individual are identified. Conclusions. Constitutional responsibilities are peculiar to all the features of the legal obligations. Constitutional responsibilities also have specific features caused by the Constitution of legal properties (they have a universal character, are the base for all other legal obligations, provide the ability to create order based on law in the society and the state, they are one of the conditions of existence of the state).

Topical Issues of Legal Regulation and Implementation of Parliamentary Control in the Russian Federation

Introduction. The article analyzes the peculiarities of legal regulation and the parliamentary control in Russia. Purpose. The main objective of the work is to study the constitutional and legal framework of the organization and functioning of the institute of parliamentary control in Russia, as well as to identify the role and place of this form of control in the protection of the rights and freedoms of man and citizen, and the fight against corruption. Results. Analyze the Russian regulatory framework governing the particular parliamentary oversight activities, implementation of the basic problems of the institution. It is shown that the effective implementation of parliamentary control must be more precise legislative regulation of the mechanism of its operation. The adoption of a special law, marked the legal basis of the parliamentary control activity, it does not solve all problems arising in the implementation of this institution. There is a need for the regulatory details of individual elements of parliamentary control, starting with the definition and ending with its structural and functional component. Conclusion. Concludes that parliamentary control should be implemented at all levels of government. This thesis suggests amendments to the Federal law of 07.05.2013 № 77-FZ «On the parliamentary control» in terms of more regulation as the subjects of parliamentary control of the legislative (representative) bodies of state power of subjects of the Russian Federation. The paper lays particular emphasis on the need for a combination of forms of parliamentary and public scrutiny as a prerequisite for improving the implementation of the parliamentary control activity.

The System of Russian Legislation: a Three-level Vertical Subordination

Introduction. The article is devoted to the study of structure of system of the modern Russian legislation, which reflected the principles of organization and activity of public authority in Russia, including the principle of federalism, the analysis of the actual structure of the legal system. Purpose. The main objective of this manuscript is to design the structure of the modern Russian legislation on the basis of theoretical ideas about it, and also taking into account the principles of the organization of public power. Results. On the basis of available scientific research questions and issues of the chosen topic the analysis of horizontal and vertical structure of the system of Russian legislation, as well as criteria for the allocation of levels and sections of the system of sources of the applicable law. It studies the system of sources of law on the level of subjects of the Russian Federation and municipal entities, as well as the legal position of the constitutional Court of the Russian Federation on the implementation of public authority in Russia. Conclusion. According to the results of the study the conclusion is drawn on that the vertical structure of the system of Russian legislation, the public authority and legal force of legal acts, which allows to identify its two cutoff: externally-frame and internally-rank.

International Standards of Gender Equality

The article is devoted to the research of the international
standards of gender equality fixed in is international-legal
acts. Discussion. As a result of the research of international-legal
documents, the author, places emphasis on the biggest group of
international-legal standards which the rights and freedoms of a
person and citizen belong to. The special attention is paid to the
reasons according to which the activity of the international organizations
was more directed on protection of the rights of women subject
to discrimination. The author draws a conclusion that women subject
to earlier gender discrimination, in general, reached the same level,
as men, during the realization of their rights. However, as much more
attention is paid to women, both at international and national levels,
there are spheres in which men are discriminated. Conclusion. As
a result of the analysis of activity of the international organizations
and also international – the legal documents fixing the international
standards of gender equality, the author comes to the conclusion
that at the heart of the considered international documents in the
field of human rights there are such important principles as gender
equality and inadmissibility of discrimination on the basis of gender.
However, implementation of provisions of the international documents
containing the international standards of ensuring gender equality
is carried out not to the full extent, that is caused by the lack of effective
national mechanisms of protection against discrimination on
the basis of gender.

Problems of Legalization of Restrictions of the Private and Public Rights of the Personality

In article theoretical and practical questions of a
materialization of limits of a measure of possible behavior of the
person in legal relationship are discussed. Research is conducted in
the context of private law and public law spheres of life of society.
Eventually, is particularly raised the problem the legal restrictions
legalization of public and private rights of the individual. The essence
of these groups of the rights are characterized by features of their
limitation and ratio with legitimate interests of the person and citizen.
Theoretical analysis. When writing this article it was widely used
dialectical approach and logical methods of analysis and synthesis.
Where the first proved during disclosure of intrinsic characteristics of
the private and public rights of the personality at their differentiated
studying. And the second – at a formulation of natural conclusions
following the results of work. Discussion of the results. Reflected
the need for public and private rights of the individual in the process
of legalization of restrictions on the rights and freedoms derived and
characterized the characteristics of these rights, the criteria for their
separation. Answers to the most problematic issues, in particular are
given: whose rights are subject to legalization of restrictions first of
all; what should be the extent of restrictive influence on them; to what
consequences it can lead.

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