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Publications of Trofimova Galina Anatol'evna
Administrative and municipal law, 2018-9
Trofimova G.A. - Repressive and Punitive Nature of the Cancellation (Loss of Effect) of the Legal Act pp. 35-42

DOI:
10.7256/2454-0595.2018.9.19742

Abstract: Cancellation, termination, loss of effect, recognition as inconsistent with a prevailing legal act, recognition as inconsistent with the RF Constitution, abolishment a legal act is one of the important measures to restore law and order in the country, protect the rights and freedoms of citizens, and to ensure appropriate law power structures. However, there is no unambiguous interpretation of repressive and punitive application of such measures. The article is devoted to analysis of the legal nature of the measures on cancellation (loss of effect) of legal acts in terms of the possibility of their use as measures of responsibility. The methodology is based on materialist dialectic, in particular, the author has used general and special research methods such as logical analysis, formal law method and systems approach. As a result of the research, the author has analyzed two main procedures of cancellation (loss of effect) of the legal acts, administrative and judicial, describes their peculiarities and methods of defining repressive and punitive nature of the measure. The author also touches upon the problems that relate to the administrative or judicial procedure of termination (loss of effect) and offers relevant solutions. 
Administrative and municipal law, 2018-9
Trofimova G.A. - Inactive recognition of a legal act and a normative legal act as measure of the constitutional responsibility pp. 1-9

DOI:
10.7256/2454-0595.2018.9.23710

Abstract: Cancellation, termination, loss of effect, recognition as inconsistent with a prevailing legal act, recognition as inconsistent with the RF Constitution, abolishment a legal act is one of the important measures to restore law and order in the country, protect the rights and freedoms of citizens, and to ensure appropriate law power structures. However, there is no unambiguous interpretation of repressive and punitive application of such measures. The article is devoted to analysis of the legal nature of the measures on cancellation (loss of effect) of legal acts in terms of the possibility of their use as measures of responsibility. The methodology is based on materialist dialectic, in particular, the author has used general and special research methods such as logical analysis, formal law method and systems approach. As a result of the research, the author has analyzed two main procedures of cancellation (loss of effect) of the legal acts, administrative and judicial, describes their peculiarities and methods of defining repressive and punitive nature of the measure. The author also touches upon the problems that relate to the administrative or judicial procedure of termination (loss of effect) and offers relevant solutions. 
Financial Law and Management, 2018-3
Trofimova G.A. - The Financial Capacity and Viability of Individuals pp. 40-48

DOI:
10.7256/2454-0765.2018.3.19331

Abstract: One of the most important activity of any state is to ensure financial possibilities for the implementation of the citizens for their assigned rights and freedoms, and in the first place, the rights to life, health and decent life style. The level of financial autonomy of the citizens determines the amount of social assistance costs, severity of the tax burden and growth or decline of the economy. Key categories in the definition of financial independence just acted as financial capacity and financial viability of the citizen. To conduct the study on the possibility and necessity of such categories, as well as the formulation of the relevant concepts the authors have used such research methods as formal-legal, system, historical, comparative law methods and methods of analysis, synthesis and comparison. As a result of the research the authors have determined the legal value of such categories as financial capacity and financial viability, their definitions, also described signs of the financial viability, incomplete (partial) financial viability, incomplete (indirect) financial viability, limited financial viability, and lost viability; they have also offered the option of legal consolidation.
Administrative and municipal law, 2016-11
Trofimova G.A. - Constitutional responsibility of individuals with a special status of stay in the Russian Federation

DOI:
10.7256/2454-0595.2016.11.19335

Abstract: The responsibility of individuals is a poorly studied object of the constitutional responsibility theory. Among individuals with a special constitutional status of stay in the Russian Federation, should be reckoned all individuals, who don’t possess the nationality of the Russian Federation as a basic right for stay on its territory, and displaced persons. The issues of responsibility of such individuals, resulting from their constitutional status, substantiate the necessity to consider the related legal provisions. To achieve this goal, the author applies the formal-legal and system methods, the methods of analysis and comparison. The author defines individuals with the special and the preliminary constitutional and legal status of stay in the Russian Federation or its part; the grounds of responsibility and the way of their distinguishing from the grounds of application of protective measures; reveals the gaps in legal consolidation of some grounds of responsibility; analyzes the scholars’ positions on recognition or non-recognition of any measures as constitutional sanctions; offers and substantiates her own variant of constitutional sanctions, which can be imposed on individuals with a special status. 
Administrative and municipal law, 2016-8
Trofimova G.A. - A welfare state as an effective mechanism

DOI:
10.7256/2454-0595.2016.8.18401

Abstract: For quite a long period of time, the representatives of different ideological schools have been disputing over the need for a welfare state and the conditions of its creation, the legitimacy of social rights distinguishing along with personal and political rights, social support for citizens, its forms, amount and the reasons for its provision. To define various aspects of the welfare state concept, the author considers the issues of such a state’s function as social assistance; the legitimacy and possibility of citizens’ social claims; the distribution of risks in social protection of citizens; the grounds of the society’s taking the responsibility of social assistance provision; the forms of social assistance which should be unconditional and publicly-funded; the problems of choice of reasons for the various forms of social support provision – social assistance, social stimulation, and social compensation. From the position of materialistic dialectics, the author applies general scientific and specific methods of cognition, particularly, the logical, formal-legal and system. The demonstrated welfare state concept, in the author’s opinion, will, to a significant extent, whittle away the existing violations of the principle of equality, provide the possibility for personal self-fulfillment, create the conditions for stability and living standard growth, and help improve the legislation in the sphere of ensuring the citizens’ right to social support. 
Administrative and municipal law, 2016-5
Trofimova G.A. - Federal state agencies system of the Russian Federation

DOI:
10.7256/2454-0595.2016.5.17185

Abstract: There is a system of federal state agencies in the Russian Federation. According to the Constitution, some of them are formalized as the agencies of state power; the status of others is described mainly in laws without a clear position within the state agencies hierarchy. At the same time, it is necessary to clarify the correlation of the order of formation of a state agency, its function, authorities and responsibility for non-fulfillment. There should exist a particular system of formation and interaction of the agencies which are the basis of the state structure, the agencies which are responsible for maintaining their work, and the agencies complementing the execution of authoritative powers. Therefore it is necessary to create a logically structured system of state agencies. The author of the study applies general scientific and specific research methods including logical, technical, comparative, and system. The author outlines the following systems of federal state agencies formation: the system of agencies of state power, the system of supervisory state agencies, the system of auxiliary state agencies, the system of state agencies without autonomous authorities, the system of representative agencies, the system of bodies controlled by a definite branch of authority. The author outlines some drawbacks of the existing order of interaction between federal state agencies. 
Administrative and municipal law, 2016-3
Trofimova G.A. - Constitutional responsibility of local government bodies and officials: problems of theory and legal regulation

DOI:
10.7256/2454-0595.2016.3.16139

Abstract: Local government bodies and officials are the lower tiers within the state system; their responsibility for their activities is a direct and real guarantee of a proper performance of obligations. Constitutional responsibility is one of the forms of responsibility which can be applied to these subjects. Both the level of independence of local governments, and the possibility of imposition of liability on local government bodies and officials depend on the legal regulation of this form of responsibility. The research is aimed at the analysis of the general provisions of constitutional responsibility of local government bodies and officials. The author applies general scientific and specific legal methods of cognition, including the logical, technical, comparative, and system methods. The author defines the correlation of the concepts “responsibility of local government bodies and officials”, “municipal legal liability”, and “constitutional responsibility”; reveals the problems of defining the content of constitutional offence and considering particular measures as the measures of constitutional responsibility; creates the model of a reasonable differentiation of forms of responsibility within the system of local government. 
Law and Politics, 2016-1
Trofimova G.A. - Right to indemnity in Russia as a legal category

DOI:
10.7256/2454-0706.2016.1.12229

Abstract: The right to indemnity carries a special character, representing an exception from the constitutional principle of equality of all citizens before the court and law. The historical foundation and the need for creation of additional guarantees for elected officials justified the emergence of this right. The author makes an attempt to define the key elements of this right, and find the correlation between the right to indemnity and the adjoining notions of “immunity” and “nonprosecution”, as well as present the structure of right to indemnity and the form of its establishment in the legal text; analyze the variants of the scope of the right to indemnity that currently exists in the scientific literature and legislation. This work sheds light on such under-studied juridical category as right to indemnity. The analysis presented here can be useful for clarification of the conceptual apparatus of the constitutional law and theory of law, as well as for the purposes of improving the legislation on responsibility of state officials possessing diplomatic immunity or other type of immunity as an exclusion from the general jurisdictional rules.
Law and Politics, 2016-1
Trofimova G.A. - Right to indemnity in Russia as a legal category

DOI:
10.7256/2454-0706.2016.1.42633

Abstract: The right to indemnity carries a special character, representing an exception from the constitutional principle of equality of all citizens before the court and law. The historical foundation and the need for creation of additional guarantees for elected officials justified the emergence of this right. The author makes an attempt to define the key elements of this right, and find the correlation between the right to indemnity and the adjoining notions of “immunity” and “nonprosecution”, as well as present the structure of right to indemnity and the form of its establishment in the legal text; analyze the variants of the scope of the right to indemnity that currently exists in the scientific literature and legislation. This work sheds light on such under-studied juridical category as right to indemnity. The analysis presented here can be useful for clarification of the conceptual apparatus of the constitutional law and theory of law, as well as for the purposes of improving the legislation on responsibility of state officials possessing diplomatic immunity or other type of immunity as an exclusion from the general jurisdictional rules.
Administrative and municipal law, 2015-11
Trofimova G.A. - Training and certification of scientific and teaching personnel

DOI:
10.7256/2454-0595.2015.11.15362

Abstract: The level of training of scientific and teaching personnel influences the quality of both educational system and scientific activity; therefore it is one of the most important aspects of development of a state. At the same time, the existing system has many drawbacks. It concerns, firstly, the estimation of the value of the scientific and teaching staff or the objectivity of requirements to particular positions and the defined conditions of selection; secondly, the recognition of dissertation papers as worth granting candidate’s or doctor’s degree in accordance with the criteria of quality, but not the “payment”; thirdly, the procedure of preparation of dissertation papers during the period of a postgraduate or a doctoral course and in case of a candidate course; fourthly, the responsibility of all participants of the process of presentation and recognition of dissertations. The author attempts to propose the most appropriate variant of the solution of these problems. The author works within the paradigm of dialectical materialism, applies the general scientific and special methods of cognition, particularly the logical, formal-legal and the systems methods. The paper can be used for the optimization of the existing legislation in the sphere of training and selection of scientific and research and scientific and teaching personnel, including the reduction of corruption in giving the diplomas of a candidate (doctor) of science, provision of an objective approach to the distribution of positions in institutes of higher education and research institutes, elimination of gaps between the organizations, responsible for scientific and research personnel training, and the organizations which provide expert assessment of dissertations. 
Financial Law and Management, 2015-4
Trofimova G.A. - Tax Liability: the Problem of Definition and Regulation

DOI:
10.7256/2454-0765.2015.4.16384

Abstract: The current legal regulation often has incomplete definitions of statutes or institutions. This creates a problem with the legal provisions and rights of parties involved. One of such unclearly defined institutions is tax liability which both theoretically and legally presented without a clear definition of whether it has a financial law, administrative or independent nature. Administrative law researches usually view tax liability as having an administrative nature, financial law researches see it as having the financial legal  nature. The author of this article also tried to find out what kind of criteria used in the studies are insufficient or false initially and do not lead to correct conclusions. To achieve the aim of the research the author has used private and general scientific methods of research, in particular, logical, formal and legal, comparative, systems approaches. As a result, the author has come to the conclusion that it is possible to consider tax liability as a kind of administrative responsibility envisaged by the norms of the tax law. He substantiated the criteria that can guide the definition of the essence of responsibility and legislative regulation of the liability provisions. The research will be useful for correcting the legal provisions regarding the definition of the legal nature of liability in the are of taxation.
Law and Politics, 2015-2
Trofimova G.A. - The principles of legislative regulation of the criminal legal relations

DOI:
10.7256/2454-0706.2015.2.13171

Abstract: One of the problems of the legislative work of the Parliament is the reflection of the perception of legal order adhered to by the law abiding citizens of the country. In forming the criminal legislation, the Parliament relies on the main foundations and ideas that they consider dominant. As a result of the conducted research, the author discovered the following key foundations (principles) of the legislative regulation of the criminal legal relations: the principle of the dynamics of criminal legal elements; the principle of non-obligation (conditionality) of holding someone liable; the principle of reduction or limitation of liability; the principle of court discretion; the principle of monetary compensations for the damages caused by the crime; the principle of inequality in the damages caused by the crime and the punishment for it; the principle of priority of humane treatment of a person that has committed a crime; the principle of differentiation of criminal liability; the principle of relative equality of the citizens. The author also underlines the connection of the highlighted principles, their consequences for reflection of such classic legal principles as unavoidability of responsibility, justice, and equality of citizens before the law.
Law and Politics, 2015-2
Trofimova G.A. - The principles of legislative regulation of the criminal legal relations

DOI:
10.7256/2454-0706.2015.2.42651

Abstract: One of the problems of the legislative work of the Parliament is the reflection of the perception of legal order adhered to by the law abiding citizens of the country. In forming the criminal legislation, the Parliament relies on the main foundations and ideas that they consider dominant. As a result of the conducted research, the author discovered the following key foundations (principles) of the legislative regulation of the criminal legal relations: the principle of the dynamics of criminal legal elements; the principle of non-obligation (conditionality) of holding someone liable; the principle of reduction or limitation of liability; the principle of court discretion; the principle of monetary compensations for the damages caused by the crime; the principle of inequality in the damages caused by the crime and the punishment for it; the principle of priority of humane treatment of a person that has committed a crime; the principle of differentiation of criminal liability; the principle of relative equality of the citizens. The author also underlines the connection of the highlighted principles, their consequences for reflection of such classic legal principles as unavoidability of responsibility, justice, and equality of citizens before the law.
Legal Studies, 2014-11
Trofimova G.A. - Not Securing the Right to Internal Security of the Public as an Offence pp. 15-25

DOI:
10.7256/2305-9699.2014.11.1349

Abstract: The state as a system of social organization is supposed to perform a number of inherent functions which correspond to its goals and objectives. One of the most important task is the protection of its own citizens from the encroachments of various persons violating the general law and order. It is the degree to which the state secures this right to security that the possibility of implementing the constitutional rights and freedoms in its territory largely depends on. However, experience shows that the public is not in sufficient internal security, therefore, not every measure required to procure it has been taken as of today. What these measures are and how they are related to the legislative activities of the state was what the author of this article was attempting to determine. In doing this, the following general scientific and special research methods were used: analysis, synthesis, modeling, formal logic and grammatical, historical methods. As a result of this research, it was established that the state does not secure the right of the public to security in full, either though the country’s parliament or through its executive or judicial authorities. In view of the above, the author believes that it is necessary to admit that the legal relationship with respect to the implementation by the state of such function as the citizen’s internal security is distorted, meaning that it is in the situation of a constitutional offence which must be, undoubtedly, remedied promptly.
Man and Culture, 2014-4
Trofimova G.A. - Culture TV: pluses and minuses pp. 45-57

DOI:
10.7256/2409-8744.2014.4.14062

Abstract: The subject of the cultural process always since its inception was television. It plays an important role today. Meanwhile, it seems, television itself as a cultural community must meet certain principles: to show due respect for the audience, to the country's history, traditions and customs of the people living in it.However, the cultural aspect of modern television has both positive and negative features. Their study and author has devoted his article. To implement this goal used methods of formal analysis, comparison, modeling and observation. As a result of research the author has identified the main advantages of modern television and called it the defects related to the quality of the show, the choice of subjects shows and movies, using works of literature and cinema have long since become the cultural heritage of the people.It was concluded that the need to address the shortcomings of television show. And offered as a necessary action to create a kind of respect for the interests of the Code of spectators and follow him, as well as the proper administration of the national legislation.
Financial Law and Management, 2014-2
Trofimova G.A. -

DOI:
10.7256/2454-0765.2014.2.12506

Abstract:
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