Law

On Mediation and Legal Culture Interconnections

Introduction. Along with other alternative means for dispute settlement the institute of mediation is a feature of a sophisticated civil society, an indicator of high-level legal culture and mature economic exchange, crucial criterion of a democratic development. Meanwhile there is no widespread application of mediative procedures in Russia. Purpose. The goal of the article is to discover and to give theoretical prove to cause-and-effect relation between the development of alternative means for dispute and conflict settlement and the level of the legal culture in the society. Results. Within the methodology of the communicative science the author di scovers the matter of the mediation as a specific type of social relation on the basis of the directed information transfer. Mediation procedures application is aimed on mutually beneficial dispute settlement and is an evidence of sophisticated civil society and state of law. The main function of a mediator is to settle the conflict by the means of satisfaction of the genuine interests of the both sides. Law implementation and development of modern standard of dispute settlement and wider usage of alternative means for dispute settlement come across the great number of subjective and objective obstacles. In author’s opinion one of such problems is insufficient level of legal culture in Russian society. Conclusion. The author concludes that mediation is a new level of communication between people. Thanks to the mediation, sides of a conflict get an opportunity to be heard and to understand each other genuine needs and interests, which is the only way to reach an accordance. Owing to flexibility and optionality alternative means for dispute settlement permit to work out the most adequate conflict judgement and thus promote partner relations, develop the standard of pacific and independent settlement of conflicts by the subjects of the civil circulation. Extent to which prevalence and efficiency of the mediation has spread is a criterion of social maturity and citizens’ readiness to take personal responsibility. 

Issues Turnover of Cultural Property as an Object of Intellectual Property

Introduction. When considering the cultural values as the object of intellectual property is revealed a number of contentious issues arising, in particular, of the shortcomings of civil-legal regulation of their turnover. Purpose. The main purpose is to identify these problems and rationale to resolve conflicts between the provisions of civil law. Results. The right to disclosure of a work in the system of copyright, implies, in particular, and the displaying of cultural values. In the legislation there is no clear definition of «image (playback) of objects of culture and cultural heritage», the question of the legality of the use of cultural values of images without obtaining permission is analyzed. Conclusion. The authors identified a conflict between the provisions of the Federal Law «On the Museum Fund of the Russian Federation and museums in the Russian Federation», establishing the obligation for all parties permission to use images of cultural values and the provisions of the Civil Code, allows free use of such images. Substantiated proposal for its elimination.

The Legal Status of the Legislature in the Mechanism of Implementation of the External Functions of the State

Introduction. Analysis of the current Russian legislation shows that the system of bodies of external functions of the state and the bases of their legal status laid down primarily in the Constitution. Further the right to regulate the status in the current legislation (laws and regulations) stipulating the competence of the various actors in the interaction with foreign states and international organizations. In the Russian Federation adopted legislation that reflects the status of an organ in the implementation of foreign policy, which entails, for example, the problems of differentiation of powers between the Russian President and the Russian Government in the administrative-political sphere. The Constitution of the Russian Federation of powers on implementation of the foreign policy functions of the state vests legislative authority in the country, the President of the Russian Federation, the Government of the Russian Federation. The nature and content of such powers is largely determined by the purpose of these bodies in a mechanism of the Russian State. Purpose. The main purpose of this work is the theoretical understanding of the legal framework of participation of the legislative branch of the government in the process of realization of external functions of the state in support of the idea of the need to clarify the place and role of legislative bodies in the mechanism of implementation of the external functions of the state, their legal status. Results. It is stated that the Rules of the Federation Council and the State Duma Regulations do not fully settle the questions of participation of chambers of the Federal Assembly in the foreign policy of states and international cooperation. It is in these acts should establish procedural rules and to present a detailed mechanism of implementation of powers of these authorities the legislature in the field of foreign policy. Conclusion. The State Duma and the Federation Council have considerable power in the implementation of the external functions of the state, capable and have a significant impact on the mechanism of realization of external functions of the state. However, the legal framework of their activities on issues of foreign policy require detail and perfection.

Development of Electoral Legislation on Secret Ballot in Pre-Revolutionary and Soviet Russia

Introduction. The electoral legislation of the Russian state at various stages of its development enshrines the open or secret ballot in elections to bodies of state authority and local self-government. Purpose. The main purpose is to analyze the development of the electoral legislation of the secret ballot in pre-revolutionary Russia and throughout the Soviet period. Results. Legal consolidation of the principle of the secret ballot took place in pre-revolutionary Russia. During the first decade of the Soviet power voting was conducted openly, even in the case of an alternate consolidation of the secret ballot in the legal acts which regulated the conduct of elections to the councils. Further development of the secret ballot in the Soviet Russia is characterized by progressive democratic legislation and politicized practice of its implementation. Implementation of the secret ballot in the election practice of the USSR began in the last years of perestroika. Conclusion. The author suggests a periodization of the main stages of the development of electoral legislation on secret ballot in pre-revolutionary Russia and throughout the Soviet period.

Practice as a Compulsory Element of the Educational Process at University: the Problems of Normative Support

Introduction. This article discusses the topical questions which are connected with the organization and practice in the educational organization of higher education. The article focuses on problematic issues of normative support of the practice as a compulsory element of the educational process in Higher Education Institution. Purpose. The main goal of the article is to study student practice in Higher Education Institution from the point of view of the analysis of normative regulation of its content and results. Results. The authors analyzed the normative legal base in Russia regulating the characteristics of the organization and conduct of practice at University, peculiarities of practical training of students in local acts of some educational institutions of higher education.The article shows the correlation of normative regulation at the federal level and the level of local acts of universities, authors highlighted the main directions of their inconsistency. Conclusion. The authors come to conclusion that the system of Russian higher education has some problems. These problems are caused by the contradiction between the current federal regulatory framework in the sphere of the organization and conduct of practices in the educational institutions of higher education and the level of legal regulation of this element of the educational process in local acts of universities.

Constitutional Basis of the State Policy of the Russian Federation with Regard to Cultural Heritage

Introduction. In modern conditions, one of the important areas of national development is acknowledged state cultural policy, including with regard to cultural heritage, designed to ensure priority of cultural and human development as the foundation of economic prosperity, national sovereignty and civilizational identity of the Russian Federation. Theoretical analysis. prerequisites for the formation of the state of Russia’s policy in relation to cultural heritage are the provisions of the Constitution, the generally recognized principles and international acts in the cultural sphere as well as the objectives of the Russian state to preserve the unity and integrity of the state, traditional values and national identity. State objectives in the field of cultural heritage are proposed to divide into two groups: the tasks of the intangible mental order and tasks aimed at preserving the cultural heritage, that is, the material nature of the problem. Empirical analysis. Existence of the constitutional obligation determines the objective need for the production of a clear and effective system of legal liability for failure or improper performance of duties within the public policy with respect to the cultural heritage. It is necessary to specify what is meant by «passive» implementation of the constitutional responsibilities of each one to preserve cultural heritage.

Protection of Human Rights in the Activities of Legislative (Representative) Bodies of State Power of Subjects of the Russian Federation

Introduction. Protection of rights and freedoms is one of the most important activities of legislative (representative) bodies of state power of subjects of the Russian Federation. Theoretical analysis. The paper analyzes constitutional legal regulation of the rights and freedoms in the activity of legislative (representative) bodies of state power of subjects of the Russian Federation. In the Russian Federation rights and freedoms of man and citizen are recognized and guaranteed on the basis of the principle of equality under the universally recognized principles and norms of international law and in accordance with the Constitution of the Russian Federation. The author comes to the conclusion about the necessity of compliance with national and international standards in adopting laws of subjects of the Russian Federation governing the implementation and protection of the rights and freedoms of man and citizen. Results. On the basis of the conducted analysis, the substantiates the necessity of compliance with the Constitution of the Russian Federation in legislative activity of regional parliaments in the adoption of legal acts with the aim of preventing restrictions of human rights.

The Normative Bases of Legalization of Non Jurisdictional Process

Introduction. Globalization and regionalizations of social and economic communications caused contradictory changes in legal system of the Russian Federation. It is receive an ambiguous assessment in legal science and practice. So there is an introduction of not traditional categories for jurisprudence in legal practice, one of which is non jurisdictional process. Theoretical analysis. The formation of the concept of the normative bases of non jurisdictional process will promote detection of dependences between rules of legislation and its practice. The materialization of non jurisdictional process can be carried out in borders of realization of the right. It is possible because of indirect legal fixing in the legislation. Therefore legitimate interests of owners are limits of legalization of non jurisdictional process. Non jurisdictional forms of ensuring the rights and legitimate interests are applied in the international and state public and private law. Therefore, the object of analysis is different legal acts. Conclusion. This analysis allows to claim that the legislation of Russian Federation contains the provisions allowing and providing legalization of non jurisdictional process in legal system of the Russian Federation. It plays a role of the normative bases of introduction of non jurisdictional process legal practice. Legal rules are allow to consider the non jurisdictional process as one of components of the mechanism of ensuring the rights and legitimate interests of the person. In this sense the problem of not jurisdictional process is interdisciplinary.

A Brief Overview of the Materials I International Scientific-practical Conference «The Right to Judicial Protection: a Comparative Legal Analysis of the Civil Procedure Code, Arbitration Procedure Code, the Code of Administrative Procedure»

 

March 30, 2016 at the Faculty of National Research Saratov State University named after NG Chernyshevsky I International scientific - practical conference of Skye ' right to judicial protection : a comparative legal analysis of the howling of the CPC RF , the APC RF , RF CAS " . Catalysts are currently published key review tezisyvystupleny main participants.

Managing the Process of Identification the Human Using the Porescopical Features of the Fingerprints

Introduction. Statistical managing of processes and making the decisions based on facts are the basic requirements of the international standards of ISO 9000 quality system, which can be made using the introduction of statistical methods. Implementation of corrective actions to improve the quality of products is an essential component of the statistical management, in any other case, the application of statistical methods is less effective. Methods. The nessesity for a methodology was caused by practical necessity. Since the analysis of the practice and production of fingerprints’ trasological and dactiloscopical examination shows that some of the techniques and methods used in the identification of objects in their fingerprints, do not correspond to modern requirements and need to be improved. A special technique was developed. The techniqu of topographic compatibility is based on the priority of actions to transform the tracks and prints in the standard form, to calculate the ratio of the average distance between the display of corresponding pores to the average distance between the pores of trace or print. Methodology IDEF0 (methodology integral description for functional simulation) was chosen to describe this process. Nowadays the most wide-spread methodologies are: UML, ARIS, IDEF0, IDEF3, flowcharts, DFD. Results. The comparison of several pairs of fingerprints left by the same area of the finger has shown that the ratio of the average distance between the display corresponding pores to the average distance between the pores footprint or imprint, existing on a papillary line, turned out to be within 0.08  0.2, so we can say, that in this case the numerical value is not more than 0.2 can be concluded about the identity.

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