Law

Legal Definiteness: Formal and Material Aspects

Introduction. One of the major constitutional requirements to the legal law is the requirement of its legal definiteness. However this re- quirement isn’t limited to definiteness of a legal form, but assumes the accounting of material or actual aspect of definiteness of the right. Theoretical analysis. In article legal definiteness through a dichotomy of its formal and material aspects is considered. The author comes to a conclusion that characteristic approach for domestic law to the right as to a form isn’t gnoseological indisputable. Results. Proceeding from the carried-out analysis the author allocates various aspects of formal and actual definiteness in the right, and also proves need of expansion of tool base of science of the theory of the right and a constitutional law. In particular, as one of perspective gnoseological paradigms sociocultural approach to the right is.

Public Service Announcement and Propaganda: Multiplicities of Legal Regulation

Introduction. The problem of protecting the population from the negative information environment and information security very acute at the present time in modern Russian society. A large amount of information we collect is of a destructive nature and forms of antisocial, marginal behavior, and therefore we need to search for actual information dialog, which would be implemented within the legal field. There are many forms of information interaction between government, society and citizens. Some of these forms are advertising and propaganda. Methods. Methodological basis of research is comparative legal method that enabled the author to conduct a comprehensive comparative analysis of the category «propaganda» and «social advertising», peculiarities of legal regulation. To conduct the study was also used formal legal method, analysis method, induction and modeling that enabled the author to propose changes to the current Russian legislation and justify their necessity at the present stage of development of the Russian legal system. Results. The author investigated the Russian legislation on the subject of legal regulation of social advertising and propaganda, conducted a comparative legal analysis of these categories according to their purposes and functions. Highlighted the problem of lack of legal term «propaganda» in modern Russian legislation, leading to legal uncertainty. Conclutions. The author comes to the conclusion about the lack of legal regulation of the institute of social advertising in the Federal law «On advertising», since the latter is almost contrary to the whole nature of advertising, and therefore it is important not only to define the social advertising should be clearly defined criteria that must be met for social ads and place them in the Federal law «On charitable activity and charitable organizations».

The Role of Public Control to Ensure Democratic Elections in the Russian Federation

Introduction. The article analyzes the features of international and constitutional legal regulation of public control over elections. Object. The main object of this paper is to study Russian and international legal acts that perpetuate public control over the electoral process as a necessary element of the organization and conduction of democratic elections and genuine. Results. The author analyzes the Russian and international legal framework regulating features of the organization and conduction of public control in the electoral process. It is shown that the effective functioning of the public authorities need to exercise social control at the time of their formation. The main condition for the realization of free and democratic elections is to use at all stages of the electoral process, a control mechanism. Conclusion. The author concludes that in international legal acts openness and public control act as an essential condition for democratic elections. Domestic legal system accepted the conditions of the most important international legal approach , institutionalized and putting into practice the basic forms of social control mechanism at all stages of the electoral process. In recent years, Russia had made serious steps to ensure public control over elections, including the establishment of the necessary legal framework. However, it is necessary to develop and adopt a separate law that secures the basic principles and forms of public oversight of elections in Russia.

Definition of Real Estate: Theory and Practice

Introduction. It would seem that the legislative definition of immovable property, enshrined in Art. 130 of the Civil Code, simple and clear. It legislator have criteria by which it can be identified and outlined a short list of real estate. However, you understand in more detail in theory, a lot of questions, and even in practice very often taken out different solutions. Theoretical analysis. This article examines the doctrinal and practical problems arising in the interpretation and the designation of a property to the real estate, and offers some options out of the situation. In this study, using methods such as analysis, synthesis, comparativelegal. Conclutions. The result of the study is to identify the need to revise the current legislative definition of immovable property.

The Soviet State Policy for Men in the Sphere of Pension Provision

Introduction. The article is devoted to the research of Soviet period legislation in the sphere of pension provision for men and women in the USSR. Discussion. As the result of the research of the Soviet state legislation the author, places emphasis on pension
provision for men in the USSR. The special attention is paid to criteria which were used by the Soviet state while defining retirement age for men and women. The author draws a conclusion that the legislation of the Soviet period was stable and reliable. Conclusion. As the result of the analysis of the Soviet state policy for men in the sphere of pension provision, the author comes to the conclusion that the legislation of the Soviet period until 1925, equalized the legal status of men and women in the sphere of pension provision. However, the establishment of different retirement age for men and women led to the emergence of gender discrimination of men in the sphere of pension provision.

The Nature of Non Jurisdictional Process: Logiko-gnoseological Aspect

Introduction. The modern legal sphere is characterized by the destruction of binary structure based on the balance of two systems of social and economical development. This had in impact on the increasing role and importance of the non-jurisdictional process based on rationalism and functional structuralism. Theoretical analysis. The article deals with the relations between form of action, procedure, and legal process to profoundly understand the nature of the non-jurisdictional process. As a result we come to a conclusion that legal relations are a universal form of action, the structural elements of which are process and procedure. Russian legislation is analyzed on the subject of normative base of the non-jurisdictional process. One of the conclusions made in the article is that non-jurisdictional process consists of action of bearers of rights and duties to provide their legitimate interest by the consequent change of the stages or conditions, which reflect the relations of the will and interest. The article touches upon the specific features of the non-jurisdictional process: the absence of dispute about rights; the presence of not less than two concerned parties; legal order as a form of action of non-jurisdictional process; the freedom of will to provide legitimate interest; conscious and volitional nature of the non-jurisdictional process. In the article the types and subtypes of the non-jurisdictional process are described. Conclusion. The non-jurisdictional process is a specific behavioral model of the subject to protect their legitimate interests. The object of non-jurisdictional process is interest of parties or third parties, that encumbered with obligations. The non-jurisdictional doesn’t affect with interests of third parties.

ОБЩЕСТВЕННЫЕ ПРАВООХРАНИТЕЛЬНЫЕ ОРГАНИЗАЦИИ В ПРАВООХРАНИТЕЛЬНОЙ СИСТЕМЕ СССР ВО ВТОРОЙ ПОЛОВИНЕ XX ВЕКА

Введение. Общественные организации являются неотъемлемой частью современ ного социума. Они выступают в качестве связующего звена между государством и гражданским обществом. Консолидирующим началом в деятельности вышеназванных организаций остается свободная форма реализации основных прав и свобод человека и гражданина, которая раскрывает демократические принципы государства. Правоохра- нительная деятельность не ограничивается функционированием только государственных правоохранительных структур. В истории России существовало множество негосударственных институтов, которые реализовывали правоохранительные функции в разных сферах жизни общества, начиная от охраны правопорядка и заканчивая защитой соб- ственности и обеспечения информационной безопасности граждан. Все они вписывались в государственную правоохранительную систему, которая была устроена в СССР особым образом. Методы. Для достижения эффективных результатов в исследовании использовались приемы, основанные на соединении разнообразных методов, принятых в отечественной юриспруденции. Основной упор делался на общие, общенаучные, междисциплинарные и специальные методы. Результаты. Констатируя значимость деятельности общественных правоохранительных организаций в правоохранительной системе СССР во второй половине XX в., автор приходит к выводу о том, что вплоть до распада СССР названные организации функционировали с определенной долей успеха, о чем свидетельствовали показатели их деятельности. В этот период была сформирована советская нормативно-правовая база, регламентировавшая деятельность всех вы- шеперечисленных организаций.

Juvenile Technologies as a Guarantee of the Rights of Juveniles at the Trial Stage in the Russian Federation

Introduction. The article deals with the general and additional legal guarantees to a minor during the administration of justice in the court, as well as the analysis of the concept of «juvenile technologies» to guarantee the rights of the minor defendant at the trial stage. On the basis of analysis of the available science and practical points of view, an attempt to own the original definition of «juvenile technology». The author examines the practical application of technologies in juvenile courts in the pilot projects in different regions of the country, with a view to further legislative consolidation and application throughout the territory of Russia to solve problems of teenagers caught up in the risk zone. Results. The analysis of the positive experience with the juvenile technologies in different regions of the country, and also investigated the problems of modern Russian society, decide that allow the formation of the juvenile justice system. Conclustion. The study author showed that the experiences of juvenile technologies in pilot projects in the country, as well as the level of crime in the whole country shows the author comes to the conclusion that coordinated action by all government agencies and civil society organizations to strengthen preventive work with juveniles and a radical improvement of justice juvenile.

Some Aspects of the Implementation of Lawmaking Policy in Civil Proceedings

Introduction. At present Russian Federation formed enough quality legislation. However, legal framework under constant updates. Therefore, the creation of legal conditions for securing legislative strategy is the aim of lawmaking policy, under which it is possible to understand the science-based, consistent and systemic activity of the state and nonstate structures aimed at determining the strategy and tactics of lawmaking, the creation of necessary conditions for effective lawmaking work etc. Methods. Methodological basis of research supports internally interconnected complex methods of cognition: systematic and structural, functional, logical, and apply legalistic, deductive method of investigation and materialist dialectics. Results. Lawmaking policy plays an important role in the formation of civil proceedings. The perspective of civil litigation may come just because of the concept of law-making policies that will contribute to eliminate the significant deficiencies in existing legal acts and intro- duce new features to improve how civil justice and justice in general. Conclutions. The author believes that the law-making policy in civil proceedings will provide a guarantee of quality protection of violated rights and freedoms of subjects.

To the Question of Criminal and Legal Policy Efficiency in the Sphere of the Crime Prevention Against Criminal Legal Proceeding Participants

Introduction. In the Russian Federation the criminal and legal policy in the sphere of protection of criminal legal proceeding participants against criminal encroachments is ineffective. This circumstance leads not only to serious obstacles in justice implementation, but also to direct threat of the personality. One of prevention means of the considered crimes is their criminal legal protection. Nevertheless, the criminal law does not regulate protection of all criminal legal proceedings participants and that is the essential gap in the criminal legislation. Methods. In this work the methods of the criminal legal regulations analysis and sociological poll of more than 1300 paticipants of criminal legal proceedings were applied. Results. The results of research shows that it is necessary to carry out criminal legal protection of the criminal trial participants who aren’t included in the articles of the Criminal Code of the Russian Federation such as private accuser, witness, head of investigative body, chief of division of inquiry. Besides, it is necessary to optimize criminal legal regulations that order the protection of other participants of criminal trial. Conclusion. Based on the received results of research, it offers to enter additions into some articles of the Criminal code of the Russian Federation.

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