DOI: 10.7256/2454-0668.2018.5.27621

Abstract: This article presents the original approach towards understanding the problem of optimization of the mechanism of ensuring national security in the Russian Federation. The authors demonstrate the main trends in optimization of the mechanism of ensuring national security of the Russian Federation that include the improvement of legislation (elimination of collisions, faults, gaps, etc.) and enactment of new laws, as well as increasing performance of the subjects of this mechanism, including through enhancing coordination and interaction  between the corresponding authorities and entities. The article carries a theoretical-legal conceptual character and represents a comprehensive research aimed at establishment of common patterns of optimization of the mechanism of ensuring national security in accordance with the main vectors of such. The results of this work, reflected in certain legislative novels, can be applied in settling the issues related to legal support of national security of the Russian Federation at the current stage.

DOI: 10.25136/2409-7136.2017.6.19070

Abstract: The authors systematize the existent approaches and analyze the structure of the mechanism of political rights and freedoms protection. The paper contains the description of the current juridical approaches to the definition of the structure of the mechanism of political rights and freedoms protection, which help formulate and offer a unified authors’ definition of the composition of this category. The authors detect and characterize the specific structural elements of this legal mechanism: the normative framework; the specific purpose, tasks and directions; the subject matter; the principles, guarantees, etc. The authors use various general scientific methods and ways of logical cognition: analysis and synthesis, abstraction, modeling, the system-structural, functional and formal-logical approaches. This article is a complex interdisciplinary study aimed at the elaboration of a general theory of legal mechanisms and the improvement of their effectiveness; it is a general theoretical conceptual study. The authors perform comparative analysis of scientific approaches to the understanding of the structure of the mechanism of political rights and freedoms protection and develop and offer its unified composition, define and characterize its specific components, which help interpret the mechanism of political rights and freedoms protection. 

DOI: 10.25136/2409-7543.2017.4.23446

Abstract: Using historical and legal analysis, the authors analyze sources and documents to study formation and development of legal regulation of Russia’s national security before revolution. The authors determine the key periods of formation and development of legal regulation of national security, demonstrate distinctive features and peculiarities of each of them. While studying the development of legal regulation of national security, the authors detect correlation between the result of formalization of the elements of national security provision and the recognition and systematization of national security threats by the state at a certain stage of its development. The authors use the set of genera scientific methods and techniques of logical cognition: analysis (including the historical-legal) and synthesis, abstraction, modeling, the system-structural, functional and formal-logical approaches. This study has both theoretical-conceptual and historical-legal nature. It is a complex interdisciplinary study aimed at establishing common approaches to the understanding of evolution of legal regulation of national security in general and the mechanisms of its provision in the Russian state during the pre-revolutionary period. The results of this study can be used for the solution of issues of legal coverage of national security in contemporary Russia. 

DOI: 10.7256/2454-0595.2016.10.20760

Abstract: On the base of systematization of the previous approaches to the problem, the authors attempt at analyzing the concept and the essence of the administrative regulation mechanism. The authors describe the existing general theoretical and special approaches to defining the concepts “legal regulation mechanism”, “administrative legal regulation mechanism”, helping develop a unified authors’ definition of the concept under consideration. The authors detect and characterize the specific features of the administrative legal regulation mechanism: compulsory legal consolidation; a specific purpose; a system and a complex character; a special structure and connection with legal procedures. The authors apply various general scientific methods of scientific cognition: analysis and synthesis, abstraction, modeling, the system-structural, functional and formal-logical approaches. The study has both general theoretical and conceptual character; it is a complex interdisciplinary study aimed at developing the general theory of legal mechanisms and defining the specificity of the administrative legal regulation mechanism. The authors compare scientific approaches to the understanding of the concept and the essence of the “administrative legal regulation mechanism” category, develop and demonstrate its unified definition, detect and describe its specific features. 

DOI: 10.7256/2409-7543.2016.5.20794

Abstract: The paper analyzes the main provisions of modern conceptions of national security of foreign states. The authors consider the reasons for their adoption, the approaches to the interpretation of national interests, the threats to national interests and the system of measures and methods of national security protection in different countries. Special attention is given to the role of Russia in the international legal space in the context of the national security conceptions of the USA and some other foreign states. The authors ascertain and systematize the peculiarities of foreign approaches to national security protection. The research is based on various general scientific methods of cognition: analysis and synthesis, abstraction, modeling, the system structural, functional and formal-logical approaches. The article can have both a theoretical and a branch application; it is an interdisciplinary study which is aimed at the establishment of conceptual approaches to understanding of national security and the mechanisms of its protection in different countries. The authors carry out the comparative analysis of the experience of strategic legal regulation of national security issues in foreign states, which is necessary in the context of new global challenges. 

DOI: 10.7256/2454-0595.2016.2.17697

Abstract: The author attempts to analyze the concept and the attributes of legal mechanism on the base of the existing approaches systematization. This analysis hasn’t been described in legal literature before. The article states the existing approaches to defining the notions “legal regulation mechanism”, “force of law mechanism”, and “state mechanism”, which allow developing a uniform author’s definition of the category “legal mechanism”. The author finds out and characterizes the specific attributes of legal mechanism: compulsory legal confirmation, specific goal, a system and complex character, specific structure, connection with legal procedures. The author applies various general scientific methods of logical cognition: analysis, synthesis, abstraction, modeling, the system-structural, functional and formal-logical approaches. The complex theoretical and practical interdisciplinary approach to legal mechanisms research conditiones the necessity to use the systems method which integrates theoretical abstractions and provisions of the current legislation, and empirical data of law-making and law enforcement activities. The study has a general theoretical character; it is an interdisciplinary study aimed at the development of the general legal mechanisms theory and their effectiveness increase. The author carries out comparative analysis of scientific approaches to understanding the essence and the content of the category “legal mechanism”, and develops its uniform definition. The author identifies and characterizes the specific attributes helping interpret legal mechanism as an independent legal category. 

DOI: 10.7256/2454-0706.2015.8.10725

Abstract: This article presents a complex general theoretical examination of a legal regime based on restrictions. The author examines the notions of legal restrictions, their correlation with legal prohibitions, and specificity of its realization under the conditions of existing legal regimes. The legal regime based on restrictions is being analyzed, and the author proposes an original definition. In order to prevent arbitrary limitation of rights and liberties of citizens, and abuse of these rights by the branches of government authorities, the author offers criteria for limitation of such rights in the conditions of restrictive legal regimes. The general scientific methods were applied for the theoretical substantiation of the problem during the review of the questions of cognition of the phenomenon of legal regime, and determination of its significance in the process of legal regulation.

DOI: 10.7256/2454-0706.2015.8.42609

Abstract: This article presents a complex general theoretical examination of a legal regime based on restrictions. The author examines the notions of legal restrictions, their correlation with legal prohibitions, and specificity of its realization under the conditions of existing legal regimes. The legal regime based on restrictions is being analyzed, and the author proposes an original definition. In order to prevent arbitrary limitation of rights and liberties of citizens, and abuse of these rights by the branches of government authorities, the author offers criteria for limitation of such rights in the conditions of restrictive legal regimes. The general scientific methods were applied for the theoretical substantiation of the problem during the review of the questions of cognition of the phenomenon of legal regime, and determination of its significance in the process of legal regulation.

DOI: 10.7256/2454-0706.2015.7.10442

Abstract: This article examines general theoretical and industry approaches towards classification of legal regimes, as well as such grounds for their type differentiation as subject of legal regulation; legal nature; type of legal regulation; correlation of stimuli and restrictions; subject of lawmaking; field and time of operation. The diversity of grounds for classification of legal regimes exists in both, the general theoretical and industry planes, which is substantiated by the subject and method of legal regulation and the differences of tasks set before the legal regimes, and the means of executing them. These grounds for classification of legal regimes allow us to synthesize their essential characteristics, clearly demonstrate their organic interconnection with public relations, and socio-political and legal significance. In the practical sense, identifying these classification characteristics aids in developing more substantiated proposals on improving legislation during its codification, removing ambiguity, collisions, gaps, and many other flaws inherent in the current legal system.

DOI: 10.7256/2454-0706.2015.7.42605

Abstract: This article examines general theoretical and industry approaches towards classification of legal regimes, as well as such grounds for their type differentiation as subject of legal regulation; legal nature; type of legal regulation; correlation of stimuli and restrictions; subject of lawmaking; field and time of operation. The diversity of grounds for classification of legal regimes exists in both, the general theoretical and industry planes, which is substantiated by the subject and method of legal regulation and the differences of tasks set before the legal regimes, and the means of executing them. These grounds for classification of legal regimes allow us to synthesize their essential characteristics, clearly demonstrate their organic interconnection with public relations, and socio-political and legal significance. In the practical sense, identifying these classification characteristics aids in developing more substantiated proposals on improving legislation during its codification, removing ambiguity, collisions, gaps, and many other flaws inherent in the current legal system.

DOI: 10.7256/2454-0595.2015.3.14347

Abstract: The article considers the questions of essence and system of legal instruments, the main stages of formation of the theory of legal instruments and the instrumental approach in law. The scientists's views on the legal nature of legal instruments are analyzed, the certain conclusions concerning the essence and the maintenance of this legal phenomenon are made. The author considers the system of legal instruments, the grounds for their classification and the peculiarities of legal order as a complex legal instrument filling with primary legal instruments. The study uses the various general scientific  methods and ways of logical cognition: analysis and synthesis, abstraction, modeling, the system and structural, the functional and formal and the logical approaches. The special methods are presented by the special sociological and the statistical methods, and the particular – by the formal-juridical, the comparative and legal and the method legal norns interpretation.The novelty of the research consists in systematization of essensial characteristics of legal instruments and identification of the core factors - the bases for classification of legal instruments and peculiarities of functioning of simple (elementary) legal instruments within their integrated complexes (legal orders). The theoretical judgments of the author are confirmed and illustrated by legal sources.

DOI: 10.7256/2454-0595.2014.10.12288

Abstract:

DOI: 10.7256/2454-0595.2014.3.10938

Abstract: