DOI: 10.7256/2454-0668.2017.2.21880

Abstract: The subject of this research is the definitions of “food” and “food legal relations” as the legal categories for the more constitutive development of the sub-institution of food security. The author meticulously reviews such aspects of the topic as the difficulty of development of sub-institution of food security due to theoretical underdevelopment of categories as security in general, and security of food relations. Special attention is given to the legal characteristic of food, examination of it as an object of legal relations, food system, determination of the nature of food legal relations, its peculiarities and classification. The main conclusion consists in author’s proposition to consider food as a public legal category. The author’s contribution into the research lies in the formulated definitions of food as a legal category, food system, food legal relations, as well as suggestions on their classification. The scientific novelty consists in shifting accent of the research from security towards food.

DOI: 10.7256/2454-0595.2016.3.16012

Abstract: The research subject is safety as an institution of administrative law, and its improvement. The author examines institutional peculiarities, which should be taken into account in the process of changing the legislation and theoretical research. Special attention should be paid to the conceptual grounds, otherwise the safety norms will be useless for the protection of the society, the state and the person. The author pays attention to the problem of combination and substitution of terms, which hampers the creation of a harmonious safety system, since the term always needs to be explained. The article considers the threats, whose transformation should also be reflected in the legislation, and the change of methods of their elimination. The research methodology is based on general scientific methods (deduction, induction, analysis, synthesis) and specific methods (historical and legal, legal-dogmatic, logical, system analysis, and the method of analysis of normative provisions). The author studies the foreign experience in solving such problems. The author concludes that it is necessary to change the concept of safety, embedded in legal regulation; to create the safety system with the definition of the conceptual framework and such concepts as legal condition (safety) and legal relation (safety provision); to legislate the system threats, and to change the approaches to implementing legal regulations. 

DOI: 10.7256/2454-0668.2016.1.15250

Abstract: The subject of this research is public relations in the area of food safety and the codified rights that are the foundation for food safety. The object is the combinations of legal norms that regulate food safety as a sub-institution of safety. The contradictions of the conceptual apparatus and the absence of the strict system of formal codification of the safety norms are being analyzed in this work. The author explores the notion of food safety with consideration of the international norms, as well as the possibility of implementation on the national level of the developed within the international law approaches towards food safety. Practical approaches towards establishment of the norms on food safety are being proposed. Author’s main contribution is formulation of the definition of food safety. The main conclusion consists in the need for codification of the right for healthy nutrition as a constitutional right. The author formulates the necessity to make improvements in the separate institutions of social, labor, civil, administrative, and agrarian legislation for the purpose of establishing the regime of food safety as a systemic phenomenon.

DOI: 10.7256/2454-0595.2015.4.13121

Abstract: The author considers a state duty for licensing as a complex legal relationship, requiring a system regulation. In the process of a state duty establishing, licensing should be considered as a public service consisting of a range of managerial operations. The article analyzes the problems of establishing of the grounds for a state duty, determines the legally significant actions serving as a base for the duty. The author uses the court practice, including the resolutions of the Constitutional Court of the Russian Federation, which attribute the relations with the state to entrepreneurial risk. The author uses the general scientific methods of deduction, induction, analysis and synthesis, and the special scientific research methods: the historical-legal method, the juridical-dogmatic method, the logical method with the system analysis, the method of legal base analysis and generalization of its use. The novelty of the research lies in the theoretical study of the complex legal relationship of a state duty payment for licensing. The author concludes that a complex legal relationship presupposes that the legal regulation of the parts of the relationship, including the relulations of financial and administrative law, will be developing not independently, but will be integrating in the system, taking into account the regulation of the particular legal relationship. 

DOI: 10.7256/2454-0595.2014.11.12343

Abstract: