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Publications of Zheldybina Tat'yana Anatol'evna
Law and Politics, 2016-8
Zheldybina T.A. - Judicial practice and legal precedent: acceptance as the source of law in light of modernization of lawmaking in Russia

DOI:
10.7256/2454-0706.2016.8.12775

Abstract: The problem of judicial lawmaking is one of the relevant for the modern legal science. The subject of this research is judicial practice and legal precedent as the possible, acceptable, and valid sources of Russian law. The goal of this work consists in development of the theoretical positions, which contain substantiation of the importance of the official recognition of judicial practice and legal precedent as the sources of law in the conditions of promotion of the judicial reform along with the work on harmonization of legislation. The scientific novelty lies in the fact that this article is first to examine a complex of questions pertaining to inclusion of the judicial practice and legal precedent into the ranks of the sources of law in light of modernization of the Russian lawmaking. The author suggests theoretical positions and practical recommendations which allow developing the doctrine of judicial practice and legal precedent in Russia.
Law and Politics, 2016-8
Zheldybina T.A. - Judicial practice and legal precedent: acceptance as the source of law in light of modernization of lawmaking in Russia

DOI:
10.7256/2454-0706.2016.8.42641

Abstract: The problem of judicial lawmaking is one of the relevant for the modern legal science. The subject of this research is judicial practice and legal precedent as the possible, acceptable, and valid sources of Russian law. The goal of this work consists in development of the theoretical positions, which contain substantiation of the importance of the official recognition of judicial practice and legal precedent as the sources of law in the conditions of promotion of the judicial reform along with the work on harmonization of legislation. The scientific novelty lies in the fact that this article is first to examine a complex of questions pertaining to inclusion of the judicial practice and legal precedent into the ranks of the sources of law in light of modernization of the Russian lawmaking. The author suggests theoretical positions and practical recommendations which allow developing the doctrine of judicial practice and legal precedent in Russia.
Law and Politics, 2015-12
Zheldybina T.A. - On the key issues of lawmaking at the current stage of development of legal science

DOI:
10.7256/2454-0706.2015.12.8056

Abstract: This article is dedicated to the research of the fundamental problems of lawmaking at the current stage of development with consideration of the advancements in the Russia’s political-legal thought. The subject of this research is the analysis of the nature of modern legislation through the study of its primary and most important issues. The goal of this work is to assess the current state of Russian legislation with consideration of the characteristics of its key issues, and evaluate the state of modern scientific developments in this area in the context of globalization of modern Russian law. As a result, the author determines the following problems: the problem of legislative fixation of the conceptual-categorical apparatus in the area of lawmaking; problem of legal language; problem of lawmaking techniques (technical methods of lawmaking); problem of harmonization of the federal and regional legislations; problem of gaps in the laws and juridical collisions; problem of improving the vectors of legal policy in the area of lawmaking; problem in preparation of specialists in the sphere of lawmaking and responsibility in this area. The author concludes that at this time juridical science clearly manifests the trend of unification of law and lawmaking.
Law and Politics, 2015-12
Zheldybina T.A. - On the key issues of lawmaking at the current stage of development of legal science

DOI:
10.7256/2454-0706.2015.12.42596

Abstract: This article is dedicated to the research of the fundamental problems of lawmaking at the current stage of development with consideration of the advancements in the Russia’s political-legal thought. The subject of this research is the analysis of the nature of modern legislation through the study of its primary and most important issues. The goal of this work is to assess the current state of Russian legislation with consideration of the characteristics of its key issues, and evaluate the state of modern scientific developments in this area in the context of globalization of modern Russian law. As a result, the author determines the following problems: the problem of legislative fixation of the conceptual-categorical apparatus in the area of lawmaking; problem of legal language; problem of lawmaking techniques (technical methods of lawmaking); problem of harmonization of the federal and regional legislations; problem of gaps in the laws and juridical collisions; problem of improving the vectors of legal policy in the area of lawmaking; problem in preparation of specialists in the sphere of lawmaking and responsibility in this area. The author concludes that at this time juridical science clearly manifests the trend of unification of law and lawmaking.
Law and Politics, 2015-5
Zheldybina T.A. - On increasing efficiency of the lawmaking process under the conditions of democratic reforms

DOI:
10.7256/2454-0706.2015.5.13535

Abstract: This article analyzes the factors that promote the increase of effectiveness of the lawmaking process in the Russian Federation. From the perspective of modern juridical scientific knowledge the author researches the peculiarities of modern lawmaking with consideration of the current democratic reforms. The author analyzed the increase in the dynamics of the legislative work on the federal and regional levels, and makes a conclusion on the need for development of a mechanism for sequential improvements to the legislation in form of an institution of public lawmaking initiative as an institution of direct democracy. Analysis is given to the importance of the factor of the timeliness of passing a law, and participation of the scientific juridical community in the legislative process. From the position of modern scientific approach a research is conducted on the factors of improving the efficiency of legislative process pertaining to the modern conditions of democratic reforms. Conclusions are made on the necessity to strengthen the authority of the law, and coordination of lawmaking on the federal and regional levels.
Law and Politics, 2015-5
Zheldybina T.A. - On increasing efficiency of the lawmaking process under the conditions of democratic reforms

DOI:
10.7256/2454-0706.2015.5.42668

Abstract: This article analyzes the factors that promote the increase of effectiveness of the lawmaking process in the Russian Federation. From the perspective of modern juridical scientific knowledge the author researches the peculiarities of modern lawmaking with consideration of the current democratic reforms. The author analyzed the increase in the dynamics of the legislative work on the federal and regional levels, and makes a conclusion on the need for development of a mechanism for sequential improvements to the legislation in form of an institution of public lawmaking initiative as an institution of direct democracy. Analysis is given to the importance of the factor of the timeliness of passing a law, and participation of the scientific juridical community in the legislative process. From the position of modern scientific approach a research is conducted on the factors of improving the efficiency of legislative process pertaining to the modern conditions of democratic reforms. Conclusions are made on the necessity to strengthen the authority of the law, and coordination of lawmaking on the federal and regional levels.
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