Law

The Quality of the Personnel of the Customs Authorities as the Most Important Factor in Ensuring the Quality of Customs Services

Introduction. Human resources development and the formation of the professional staff of the customs authorities is the basis of ensuring the provision of quality public services. Theoretical analysis. In this article the quality of the personnel is considered as the most important factor shaping the quality of services provided by the customs authorities. Discussion of results. On the example of Saratov Customs we can see that customs makes every effort to organize effective management of processes and resources and maximize the benefits of the knowledge and skills of staff, so that the reduction of staff does not have a significant impact on the quality of customs services in the region of Saratov Customs. Key underpinning for solving these problems are the target indicators of the Customs Development Strategy of Russian Federation until 2020.

Juvenile Justice in Russia: the Needs of Creation and the Problems of Formation

Introduction. The article deals with the preconditions for the emergence in Russia of the juvenile justice. The author investigates the prerequisites of becoming a juvenile justice system in prerevolutionary Russia. An analysis of the historical experience of our country, the current state of the social spheres of public life in Russia, juvenile delinquency, the views of supporters and opponents of the establishment of a system of juvenile justice, the author comes to the conclusion that in the modern period in our country there is a need drastic improvement of juvenile justice. Results. The analysis of the modern Russian system of administration of justice in relation to minors and the historical experience of the country suggests the need for Russia to juvenile justice system. Conclussion. The study author showed that the introduction of juvenile justice, which puts its primary objective the use of the positive impact of the family, to protect the adolescent from the adverse effects of modern society and its initiation to a normal life, will reduce the number of juvenile offenders, as well as to improve the work with adolescents have committed a crime.

To the Question of the Legal Status of People

Introduction. Stable development of Russia as a multinational democratic state requires consideration not only of the characteristics of a nation as a historical and cultural community of people living on the same territory, and the determination of its constitutional-legal status as a subject of Vlastnosti. Purpose. The main aim of this work is the justification of the legal personality of the people as the owner of statutory measures of behavior and participant regulated by legal norms of social relations. Results. The authors considered the scope and content of the exclusive constitutional legal status of the people as a special collective subject. Availability of generic legal capacity allows people not just to be a subject of law, and member of the constitutional legal. In this regard, are considered forms of realization of the constitutional legal status of the people within specific relationships, as well as indirectly, through various socio-political institutions. Conclusions. The authors come to the conclusion about the necessity of clarifying the constitutional-legal status of the people.

The Participation of Citizens in Managing the Affairs of the State Through the Activity of Political Parties at the Local Level

Introduction. The article is dedicated to analyze questions and opportunities of participation of citizens in managing the affairs of the state through the activity of political parties at the local level. Object. The main point of the article is to analyze a regulatory framework of improving political parties’ activity at the local level ensuring the realization citizens’ rights of the participation in managing the affairs of the state. Results. The author has completed his research of Russian legislation, practice of parties’ participation in resolving local issues in the CIS counties and in the world, benchmark of Russian parties’ activity in resolving local issues. He proved that opportunities of citizen participation in government process are increasing simultaneously with the increase of number of elected local officials. Proper realization and enforcement of this citizens right to influence government on the local level and participate in management is exactly the point where political parties have growing opportunities and should be more active. Conclusion. Author concluded that parties’ activity on the local and regional level is not enough and it doesn’t confirm the priorities of the development of civil society and the political system. Author discovers roots about the opportunity of improving efficiency of political parties’ activity and the realization citizens’ rights of the participation in government process based on principles of the Russian Constitution and the legislation of the political parties. There is also a list of problems is formulated. The political parties could play a major role solving these problems.

Sexual and Reproductive Rights and Freedoms in the Constitutions and Legislation of Foreign States

Introduction. The United Nations and the World Health Organization are completing the formation of an international system of sexual and reproductive rights and freedoms, carrying out the implementation provisions of this system into national law. The ongoing process obeys to a number of general rules, whose analysis is carried out in this article. Object. Universal patterns in the development of sexual and reproductive rights and freedoms, using as illustrations of this development the constitutions and the laws of India, Switzerland and Gabon. Results. The author analyzes the constitutional establishment and regulation of sexual and reproductive rights and freedoms in the studied countries. The studied countries are located at different stages of the process of achieving the highest possible level of compliance and protection of sexual and reproductive rights and freedoms. Conclusion. The process of achieving the highest possible level of compliance and the protection of sexual and reproductive rights and freedoms proceeds inductively. The article presents a model of this process.

Procurement of the Constitutional Principle of Secret Ballot During Electronic Voting in the Russian Federation

Introduction. Intensive application of information technology in the electoral process is an inherent part of social development, and modernization of technical equipment for voting is an inherent part of development of the information society in Russia. The significant reform of the electoral process through the introduction of electronic voting has been going in the Russian Federation since 2000. Purpose. The main purpose consists in analyzing modern problems of procurement of the constitutional principle of secret ballot during the electronic voting in the Russian Federation and improvement of legal regulation in this sphere. Results. An acute issue of violation of the constitutional principle of secret ballot arises as far as the analysis of modern electoral processes is concerned. Nowadays modernization of technical equipment of stationary voting in accordance with the current needs of the information society does not lose its relevance. Applying remote voting as the basic method requires development of special secure software to prevent hackings. Conclusion. The author concludes that introduction of electronic voting and necessity of its technical procurement and legal regulation in order to comply with all the principles of the electoral process are very important.

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.

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