Версия на русском языке
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DISCUSSING INTEGRATIVE TYPE OF LEGAL UNDERSTANDING
Author: Alekseeva, Natalya Ivanovna
Keywords: правопонимание, интегральная юриспруденция, интегративный тип правопонимания, герменевтика, феноменолого-коммуникативная теория, диалогическая концепция
This article raises the problem of «type of legal understanding» — one of the topical themes of the theory of law. Trends in the development of legal studies at the present stage and approaches to the problem of legal understanding are under discussion. The concept of «integrative jurisprudence» is considered. Integrative approaches to law in the modern Russian theory of law are analyzed. The types of legal understanding formed on the basis of integrative concepts are noted. The characteristic features of the communicative approach of A. V. Poljakov and the hermeneutics concept are revealed of A.I. Ovchinnikov and I.A. Chestnov»s dialogical theory. The shortcomings and advantages of the integrative approach are noted, and it is concluded that it is within this direction that the law can be considered as a complex, multifaceted and constantly evolving phenomenon.
TO THE QUESTION OF THE CONSTITUTIONAL STATUS LABOR COLLECTIVE
Author: Vishnyakov, Viktor G
Keywords: трудовой коллектив, конституционный статус, законодательная практика, организация труда, правовой механизм, высокопроизводительный труд
the problems of the constitutional status of labor collectives are again becoming relevant in modern conditions, so as not to lose and not to be again in difficult conditions, as happened as a result of the events of 1993. It is important for the labor collectives of enterprises, institutions and organizations of the country to take into account the experience gained and to achieve through their successful labor activities the implementation of the most important state decisions in the social, political and economic field. The article attempts to create such a legal mechanism that would encourage labor collectives to actively engage in highly productive work and would interest them in the final results of their work. These questions require theoretical and practical reflection. The article distinguishes three sections: 1) the role of the organization of labor in improving the effectiveness of fundamental problems, fixed at the level of constitutions, laws and other legal acts; 2) attempts to achieve these results through «free labor»; 3) the search for new ways to solve the country»s challenges of overcoming the crisis. Labor groups, the article emphasizes, can successfully solve these problems because their constitutional and legal status is directly related to the political system of society.
Author: Blokhin, Aleksey Valerievich
Keywords: дефекты законодательства, правовые дефекты, законодательство, право, правовое регулирование, правовая охрана, правовые коллизии, коллизии законодательство, пробелы в праве, пробелы в законодательстве, системный подход
The specificity of the Russian legal system is that legislation has a key importance in it. Perhaps there is no such national legal system in which legislation would play such a role as it has in Russian law. However, in its structure, negative tendencies are more and more marked: (1) a reduction in the coherence of various sectors and levels of legislation; (2) redundancy of legislative acts regulating the same social relations; (3) the backlog of legislation from the level of development of social relations. These tendencies have an objective reason — the need for short terms to form legislation, not only corresponding to the level of socio-economic development of Russia, but also providing a transition from the command-administrative system to a market economy. These circumstances can be disclosed through such a category as legal defects, which are a form of expression of imperfection of law, and their consequence is legal uncertainty. For the lawyer, the most interesting are the content defects of the legislation — collisions and gaps.
MEDIA OWNERSHIP AND PUBLISHER TRANSFER CASES: PROBLEMS AND CONTRADICTIONS IN THE RUSSIAN LEGISLATION SYSTEM
Author: Goncharov, Valery Valerievich
Keywords: редакция, учредитель средства массовой информации, издатель, распространитель средства массовой информации, правосубъектность, арбитражный процесс, гражданское законодательство, отраслевое законодательство в сфере средств массовой информации
in the framework of this article, it is proposed to consider the problems and contradictions that arise in the consideration of civil cases by arbitration courts related to ownership of the media and in the transfer of functions of the publisher. These legal relationships are becoming increasingly popular in the media market, including among municipal unitary enterprises and autonomous institutions. The development of this sphere by market participants themselves encounters the problem of the correlation of legislation in the field of mass media, business customs and the positions of arbitration courts. As a rule, court decisions do not take into account the specifics of disputes between the owners of the media and their publishers, as well as the legal construction of magazine or newspaper.
HISTORICAL EVENTS AS SOCIAL INJURIES OF OUR TIME: LEGAL ANALYSIS
Author: Ignatyeva, Marina Valerievna
Keywords: социальная травма, исторические события, правовой анализ, развитие общества
The article attempts to analyze the impact of historical events on the current state of society, taking into account the negative experiences of the past. The views of scientists on historical events and their impact on the development of society are examined. The basic views on the concepts of «social change» and «social trauma» are considered. Conclusions are made about the fundamental nature of the problem of social injuries in society and their critical importance in ensuring further development.
LEGAL REGULATION OF EUTHANASIA IN AUSTRALIA: THEORETICAL AND LEGAL ASPECT
Author: Artemov, Vladislav Yu
Keywords: Эвтаназия. Паллиативная помощь. Добровольный уход из жизни. Пациент. Врач. Неизлечимая болезнь
Euthanasia continues to be an acute ethical and legal problem. In this article, the author analyzes the Australian experience in regulating euthanasia and the history of the development of relevant legislation. Thus, it is noted that, due to the peculiarities of the federal structure of the Australian Commonwealth, the Australian states and territories have different constitutional legal status: states are recognized as sovereign entities and have an independent from the Commonwealth right to adopt their own legislation, while the Australian territories have neither such a history nor such rights, and their legislative powers are regarded as delegated to them by the federal parliament. This is due to the fact that the first act on the legalization of euthanasia, adopted in 1995 in Northern Territory, was then repealed by the federal parliament. Subsequently, in 2017, the state of Victoria adopted its own law, which entered into force in 2019. Thus, now in Australia euthanasia is legalized in only one state — the state of Victoria.
LEGALLY SIGNIFICANT CIRCUMSTANCES DETERMINING THE NEED TO BE INVOLVED TO CRIMINAL LEGAL RESPONSIBILITY OR EXEMPTION OF ACCUSED PERSONS, AND ALSO THE NEED FOR SENDING CONDEMNED INDEPENDENTS
Author: Osipian, Boris A
Keywords: юридически значимые обстоятельства, привлечение к уголовно-правовой ответственности, освобождение от отбывания уголовного наказания, душевное исправление осуждённых
In this article the author by means of consideration of the legislative opportunities of persecution or release of the accused persons from the criminal responsibility and punishment, as well as the legal replacement, partial or full liberation the convicts from the real serving by them the criminal punishment imposed by the court, offers some new approaches and decisions for the lawful and expedient change or release of the defendants and the convicts from their criminal punishment for the purpose of their fastest mental correction and timely return to the normal private and public life and activity.
TO THE QUESTION OF LEGAL IDEAL: CULTUROLOGICAL APPROACH
Author: Svetlana, Pavlova
Keywords: правовой идеал, культурологический подход, право и религия
in the article, the author, based on the theories of domestic pre-revolutionary jurists, sets the task to analyze the idea of the legal ideal. The author»s conclusions are the recognition of the culturological approach to law, expressed in the spiritual foundations of law.
WAYS OF IMPLEMENTATION OF THE RIGHT TO MEDICAL AID IN RUSSIA
Author: Guseva, Tatyana Sergeevna
Keywords: медицинская помощь, права человека, медицинские услуги
Тhe author considers the legal mechanisms of implementation of the right to medical aid in Russia. Тhe author reveals similarity and differences in the provision of free medical care and paid medical services by analyzing the current legal regulation.
ASSESSMENT OF THE EFFECTIVENESS OF PUBLIC ADMINISTRATION IN THE FIELD OF SOCIAL SERVICES
Author: Olga, Eremina
Keywords: социальное обслуживание, государственное управление, органы государственной власти, нуждающиеся граждане, оценка эффективности
the author of the article investigates modern problems of legal support of effective public administration in the field of social services.
The aim of the study is to study the existing mechanism for assessing the effectiveness of public administration in this area. The main activity of public administration bodies is recognized as ensuring the availability of social services for needy citizens. The objectives of the study are to identify defects in the legal regulation of the said field, to study and generalize the issues arising in the legal implementation and law enforcement practice related to ensuring the right of citizens of the Russian Federation to social services.
WORK ON MATERNITY LEAVE: ALLOW IS NOT PROHIBITED
Author: Tsurkan, Natalya Andreevna
Keywords: отпуск по беременности и родам, отпуск по уходу за ребенком, пособие, неполное рабочее время
The use of maternity leave does not cause any problems when, on the basis of a certificate of incapacity for work, a woman goes on leave in its entirety, and then arranges parental leave and stays there until the age of three years. Questions are raised by the procedure for exercising the right to maternity leave later than the due date, early termination of it, payment of leave, in particular, as part of “direct payments”. The acute question remains of combining work with parental leave. Most of the problems have not been resolved so far. The article provides an analysis of legislative initiatives regarding the issue of work during maternity leave and parental leave.
PUBLIC EASEMENT: NEW IN LAND LEGISLATION
Author: Gavrilyuk, Maria Nikitichna
Keywords: публичный сервитут, линейный объект, режимообразующий объект, земельный участок, категория земель, зоны с особыми условиями использования земель (ЗОУИТ), охранные зоны, единый государственный реестр недвижимости
The article outlines the problem of establishing public easements, describes legislative novelties in the field of defining the concept and content of public easement, also considers the difference between public easements and security zones of regime-forming objects, describes the problems of establishing public easements and suggests ways to resolve them.
DEVIANT BEHAVIOR OF FARMERS IN THE FIELD OF LEGAL REGULATION OF AGRICULTURAL LAND USE IN THE FORECAST ASPECT
Author: Ibragimov, Curie
Keywords: земли сельскохозяйственного назначения, рациональное использование земель, отклоняющееся поведение земледельцев, правовое регулирование, земельное законодательство, охрана земель, экосистемный подход, изменение климата
The article deals with the deviant behavior of farmers in the field of legal regulation of the use of agricultural land in the forecast aspect. The actual and long-term state of deviant behavior of farmers in this area of land relations is shown. The relevance of the topic of this study is substantiated and the degree of its scientific development is revealed. The main features of deviant behavior in land law are analyzed. The essence of normal and abnormal behavior of farmers is revealed. The main causes of deviant behavior of farmers are revealed and measures to overcome it are proposed.
ENVIRONMENTAL PERMITTING SYSTEM IN RUSSIA AND THE UK
Author: Imekova, Maria Pavlovna
Keywords: охрана окружающей среды, разрешительная система, комплексные экологические разрешения
this article provides comparative legal analysis of the environmental permitting systems of Russia and the United Kingdom.
LEGAL NATURE OF THE AGREEMENT OF STATE-PRIVATE PARTNERSHIP IN THE AREA OF PROTECTION ENVIRONMENT
Author: Arseniy, A
Keywords: государственно-частное партнерство, ГЧП, охрана окружающей среды, ООС, правовая природа соглашения государственно-частного партнерства
The article is devoted to the analysis of the legal nature of the agreement on public-private partnership in relation to objects whose implementation is aimed at protecting the environment. Existing approaches to the legal nature of the public-private partnership agreement are examined. The author concluded that from a formal point of view such an agreement is a civil law agreement, however, the presence of a public component in such agreements allows us to talk about its mixed nature.
THE DEVELOPMENT OF REGIONAL LEGISLATION ABOUT LAND USE PLANNING AND LAND RECLAMATION
Author: Lipski, Stanislav A
Keywords: региональное законодательство, землеустройство, мелиорация
The land legislation is the joint responsibility of the Russian Federation and its constituent entities. Currently, the Government is actively preparing new versions of Federal laws about land use planning and land reclamation. The article considers the extent to which the current regional legislation regulates these issues. The author paid attention to how widespread is the practice of reviewing the acts adopted by the legislative and Executive bodies of the subjects of the Russian Federation, including in order bring of them into line with the changing relevant Federal legislation. It is established that at the regional level issues of land use planning are regulated more than land reclamation. The author identifies three groups of regional acts regulating land use planning: 1) special laws (on land use planning); 2) universal acts regulating land relations in a particular subject of the Russian Federation; 3) sectoral regional laws (considered on the example of reindeer husbandry and its land management support). It is concluded that the adoption of new Federal laws on land use planning and land reclamation will entail the revision of the provisions of the relevant regional laws.
GENERAL PROVISIONS ON THE RIGHTS OF LAND OWNERSHIP (COMMENT ON ARTICLE 260 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION)
Author: Nakhratov, Vitaliy Vladimirovich
Keywords: право собственности на землю, глава 17 Гражданского кодекса Российской Федерации, ограничения и обременения в земельном праве
The generally accepted opinion about the presence in the body of legislation of the current Chapter 17 of the civil code does not agree with the literal wording of the law on the introduction of the civil code.
The development of Chapter 17 of the civil code in its current form may create a curiosity in legal regulation as «private land», i.e. private-law public by the nature of land relations, whereas other natural resources of air, mining, forest, water, on animal and vegetable world, are not in the civil code chapters, similar to Chapter 17 of the civil code, and are based in their codes.
The modern institution of land ownership differs from its Soviet counterpart in the rejection of the regime of public ownership of land and the resolution of the diversity of forms of ownership of land.
The concept of land ownership should be disclosed through the categories of legal capacity and turnover, as well as restrictions and encumbrances in land law.
CLIMATE RESPONSIBILITY OF CITIES: ACTIONS OF MOSCOW AND OTHER RUSSIAN CITIES IN THE FIELD OF CLIMATE CHANGE MITIGATION
Author: Nikonov, Rodion
Keywords: климатическая ответственность, правовое регулирование, изменение климата, парниковые газы, C40 Cities Climate Leadership Group, школьная забастовка за климат, Carbon Disclosure Project
The article provides basic information about the international organization «C40 Cities Climate Leadership», highlights some of the speeches of leading Russian experts during the III Climate forum of cities (Moscow, 2019), discusses the main events that were held in Moscow to reduce greenhouse gas emissions and adapt the urban environment to climate change.
STOLYPIN AGRARIAN REFORM: TRIUMPH OR FAILURE?
Author: Samorodov, Dmitry Albertovich
Keywords: аграрная реформа, община, земельный надел
This article analyzes the causes of the agrarian reform that took place in Russia in 1906-1911 under the leadership and project of the Chairman of the Council of Ministers, P. Stolypin. An attempt is made to compare the draft of this reform with alternative projects for solving the land issue in the Russian Empire, as well as to consider the positive and negative consequences of the reform.