Politics and Society - rubric Legal state

Abstract: This article examines the Chinese normative acts that regulate personal data protection. The author reviews the questions of restrictions pertaining to personal life due to introduction of social score system. Analysis is conducted on the “system of social rating” (“social credit”) formed on the basis of government services. The article presents the examples of civil right restrictions due to low rating in the sphere of employment, public housing, reception of subsidies, basic social benefits, and loans at low interest rates. The practice of “social condemnation”, when the short clips are shown before the main film in a movie theatre naming local people who have failed to pay off debt. The conclusion is made that the social score system controls activity of a person in all spheres of social life – from business to family relations, from credit default to violation of traffic rules. The author notes that biggest unfairness of this system pertains to the citizens who buy videogames, spent long time in social network, spread fake news, which leads to restriction of high-speed Internet. It is also underlines that there is virtually no legal framework for implementation of such system or legal acts that regulate the score system, and the corresponding “guiding recommendations” of the State Council of the People’s Republic of China contain pretty vague formulations.

Keywords: social rating system, private life, personal data, бальная система, restriction of rights, digital control, control, social loan, protection of personal information, Internet

DOI: 10.7256/2454-0684.2023.1.43809

Abstract: The emergence of a novel coronavirus infection posed a major challenge to the global community and necessitated urgent and extraordinary measures to minimize the consequences of the pandemic. In the history of modern Russia, this was the first time a national emergency had occurred. Under such circumstances, the State needed an emergency response that also involved a regulatory mechanism. Of course, the regime of legal regulation in emergency situations has significant differences from everyday legal regulation. The author examines in detail the issue of constitutional and legal regulation of emergencies of this kind and analyzes and correlates it with actual legal regulation. Peculiarities of public authorities' organizational activity in pandemic conditions are investigated. Particular attention is paid to human rights during the spread of COVID-19. The author concludes that rather than applying the existing and well-defined regulations outlined in the Federal Constitutional Law "About the State of Emergency" from May 30, 2001 (¹ 3-FKZ), which stipulates the implementation of a state of emergency throughout the country or in specific areas, the ruling authorities have opted for an alternative legal approach. This decision has resulted in a swift modification of the emergency legislation, with its own set of consequences. The main problem, in the author's opinion, lies in the misapplication of the provisions of the Constitution of the Russian Federation, since from the systematic and interrelated interpretation of Articles 55 and 56 of the Constitution of the Russian Federation follows that they regulate the same social relations. However, article 56, unlike article 55, has special grounds for the application, so the principle of lex specialis derogate legi generali should be applied to them—that is, preference should be given to a special norm. In addition, the author proposes the adoption of a single legal act that would unify the different types of emergency situations and provide systematic and orderly legal regulation.

Keywords: pandemic, high alert, state of emergency, restriction of rights, emergency situation, COVID-19, Constitutionalism, human rights, crisis situation, emergency laws

DOI: 10.7256/2454-0684.2018.11.27436

Abstract: The relevance of referring to the history of establishment of postgraduate education as the scientific personnel training system is substantiated by the attempts of its reforming at the present stage. The object of this research is the establishment of postgraduate education as the system for preparing scientific personnel in the Soviet Union during the late 1920’s – 1930’s. The subject is the legal acts and regulatory documents aimed at maintaining the organization process of the system of postgraduate education. The goal of this work lies in determining the key stages in establishment of postgraduate education in the 1930’s and the role of state-legal mechanism of implementation of this process. The author examines the basic acts and documents that affecter the organization of the system of postgraduate education and the establishment of is regulatory framework; analyzes the documents aimed at resolution of procedural questions regarding the functionality of postgraduate education; considers the legal framework of performance assessment of the scientific personnel and supervision of scientific personnel training through postgraduate education. Methodological apparatus contains the historical-chronological method, analysis and synthesis of the legal and regulatory framework, historiographical analysis, exploration of the published and archival sources. The authors determine the key stages in organization process of preparing the scientific personnel through postgraduate education in the Soviet Union during the 1930’s; trends and mechanism of the legal and regulatory framework of this process during the three different periods (1929-1933; 1934-1938; and 1939-1941). The scientific novelty is defined by the fact that the development of postgraduate education within the indicated chronological context has not been previously a separate subject of research.

Keywords: training of scientific personnel, scientific personnel, Soviet scientific policy, the organization of science, Soviet science, Soviet postgraduate studies, Soviet law, science management, science in the USSR, state regulation of science

DOI: 10.7256/2454-0684.2021.2.36153

Abstract: Based on the normative acts in force and domestic scientific literature, this article analyzes social relations associated with the implementation of state procurement procedures. The goal is set to examine criminal activity in the sphere of state procurement for outlining the relevant vectors of crime prevention therein. The article identifies the gaps in the current legislation that negatively affect the dynamics of crime in this sphere. Special attention is given to the statistical method that reveals the key characteristics of criminologically significant information, such as circumstances of crime, classification of crime, and cost of crime. The author offers a range of ideas, the realization of which would help to reduce the amount of crime committed in the process of implementation of state order. The structure of this work includes the analysis of the determinants of crime discovered within the framework of studying the normative-legal, investigative-judicial, and domestic doctrinal sources. The novelty of this research lies in outlining the following vectors leaning on the latest information: improvement of current legislation for increasing the effectiveness of the mechanism of determination of formal-legitimate organizations and failure of cash-out transactions, reference to advanced foreign experience, revision of the mechanism of for assessing the activity of authorized budget holders, give due attention to the question of interaction of various regulatory agencies in terms of implementation of their activity.

Keywords: statistics, criminology, crime, imperfection of legislation, crime prevention, government order, fraud, corruption, determinants of crime, cost of crime

DOI: 10.7256/2454-0684.2023.4.43804

Abstract: The author reveals the inconsistency of judicial practice on the issue of the private legal status of beneficial owners (final beneficiaries, beneficiaries) of a legal entity: in cases of challenging decisions of general meetings of participants and transactions of such legal entities, courts without proper references to the legal basis tend to recognize the beneficiaries of the right to appropriate claims, and in disputes over their demands for information the activities of the corporate entities actually controlled by them are denied on the grounds of the lack of grounds for applying the analogy of the law, considering the silence of the legislator about the relevant protective instrument of the beneficiary qualified. Due to the absence of special rules on the presence or absence of analyzed protective capabilities of beneficial owners, the effectiveness of analogy as a traditional means of overcoming legal gaps has been tested. The prospects of the analogical introduction of the public-law concept of "beneficial owner" into the structure of the private-law status of legal entities are evaluated. The development of a formal approach based on the absence of a direct legal connection of the beneficiary with the organization controlled by them is not excluded. It is concluded that it is necessary to develop a unified judicial approach to the possibility of an analogical application of public-law rules on the figure of beneficial owners to private-law relations with their indirect participation before the legislative solution of the issue under study.

Keywords: qualified silence of the legislator, legal gaps, subsidiary liability, conduit organization, beneficiary, indirect claim, analogy of the law, controlling person, final beneficiary, beneficial owner

DOI: 10.7256/2454-0684.2018.8.27190

Abstract: This article is dedicated to the constitutional-legal analysis of some questions related to definition of the concept of social control over government in Russia. The author examines the genesis of the concept of social control over government in philosophical and legal literature since the moment of its origination until the present stage. Analysis of the concept of social control is conducted through the prism of the definition of power in a broad sense (as a philosophical and general sociological category), as well as in a narrow sense (as a legal category). The following methods were applied in course of this research: comparative law; historical; formal-logical; statistical; sociological studies. Based on the analysis of current legislation, the author considers and classifies the forms of exercising the government and municipal authoritative powers by the nongovernmental organizations. The work substantiates and provides original definitions to the concepts of power as a philosophical and general sociological category, as well as legal category. The author formulates the concept of social control over government.

Keywords: delegated powers, Russian Federation, state, civil, social, people, constitutional and legal analysis, public control of power, joint regulation, responsibility

DOI: 10.7256/2454-0684.2023.4.43813

Abstract: The subject of this study is one of the largest epistemological problems in the history of political and legal thought, as well as the modern theory of the state and the law. We are talking about the attempts of the authors of various historical periods, at least over the past two centuries, to construct a model of the study of the law as a "pure" phenomenon or call for the "purity" of the methods of its cognition. There is a strong opinion in modern legal literature that the "pure doctrine of law" is the creative result of the Austrian lawyer Hans Kelsen. His teaching is often a variant of logical positivism, in which an interpretive model of the law was created, in which one subject corresponds to a special and only method—legal—and all the others were declared superfluous. In fact, in the history of legal thought, attempts have been made more than once to write "pure" doctrines about law long before Kelsen. The scientific novelty of this research lies in the analysis and illumination of new facets of political and legal thought history that previously remained completely unexplored in both domestic and foreign political and legal thought. This article analyzes well-known and previously unknown scientists and thinkers who have developed original concepts of the "pure doctrine of law." In this regard, Kelsen's teaching is justifiably considered one of the many variants of this kind of thought, the uniqueness of which is connected only with the idea of interpretation as a philosophical paradigm, which allowed him to combine well-known legal concepts and techniques within the framework of the methodological doctrine of the law.

Keywords: logical positivism, Stammler, pure law, legal epistemology, neo-Kantianism, normativism, Kelsen, history of legal thought, Picard, Mehmel

DOI: 10.7256/2454-0684.2014.1.9217

DOI: 10.7256/2454-0684.2014.1.54181

Abstract: Law making is the form of activity allowing to create and set forth different models and variants of legal regulation and therefore change the world and the system of social relations. Legislator creates a new law by using a special method which is usually called the ‘legislative technique’. Unfortunately, legal science does not always give due consideration to the legislative technique. Neither does it allow to go beyond the limits of particular problems and their popular interpretation. Therefore creation of an integrated concept about the legislative technique is one of the most important and still unsolved issues in modern Russia. The importance of this issue is conditioned by the modern tendencies to improve the Russian legislation, minimize the spontaneity and create a certain pattern of law making and increase the level of correspondence, consistency and the quality of the effective legislation. The present article is devoted to studying the role of criminal legal science in the criminal law making process.

Keywords: science, law, practice, standard, disposition of criminal legal provisions, improvement, legislative techniques, legal practice, law making.

DOI: 10.7256/2454-0684.2016.1.15970

Abstract: The subject of this research is the review of separate normative positions of the cassation and supervisory procedure at the level of Supreme Court of the Russian Federation, which in turn undergone significant changes due to “abrogation” of the Supreme Court of Arbitration of the Russian Federation. Separate positions of the current version of the Arbitration Procedural Code of the Russian Federation testifies to the fact that the forming practice of the “renewed” Supreme Court of the Russian Federation after reviewing the cassation and supervision complaints can question the adherence to the fundamental constitutional principles of carrying out justice in the Russian Federation. The main conclusion of the conducted research is the position of a number of enforcement issues emerging in application of positions of the Arbitration Procedural Code of the Russian Federation by the members of legal procedure. The reform of the supreme courts conducted in accordance with the Constitution of the Russian Federation and subsequent changes to the arbitration procedure require serious examination and clarification, including by way of issuance of acts of Plenum of the Supreme Court of the Russian Federation.

Keywords: cassation proceedings, the Supreme court of the Russian Federation, review proceedings, the Constitution of the Russian Federation, the constitutional court of the Russian Federation, the principles of justice, retrial, the arbitration law, reform of the judicial system, the position of the constitutional court

DOI: 10.7256/2454-0684.2016.1.54507

Abstract: The subject of this research is the review of separate normative positions of the cassation and supervisory procedure at the level of Supreme Court of the Russian Federation, which in turn undergone significant changes due to “abrogation” of the Supreme Court of Arbitration of the Russian Federation. Separate positions of the current version of the Arbitration Procedural Code of the Russian Federation testifies to the fact that the forming practice of the “renewed” Supreme Court of the Russian Federation after reviewing the cassation and supervision complaints can question the adherence to the fundamental constitutional principles of carrying out justice in the Russian Federation. The main conclusion of the conducted research is the position of a number of enforcement issues emerging in application of positions of the Arbitration Procedural Code of the Russian Federation by the members of legal procedure. The reform of the supreme courts conducted in accordance with the Constitution of the Russian Federation ans subsequent changes to the arbitration procedure require serious examination and clarification, including by way of issuance of acts of Plenum of the Supreme Court of the Russian Federation.

Keywords: retrial, principles of justice, constitutional court of the Russian Federation, Constitution of the Russian Federation, review proceedings, Supreme court of the Russian Federation, cassation proceedings, arbitration law, reform of the judicial system, position of the constitutional court

DOI: 10.7256/2454-0684.2014.2.11171

DOI: 10.7256/2454-0684.2014.2.54195

Abstract: The article is devoted to the essence of the constitutional judicial process (constitutional proceedings and constitutional justice). Views on constitutional proceedings existing in Russian legal literature are mostly concept defi nitions of the constitutional judicial proceedings than descriptions of the true essence of the constitutional proceedings in terms of philosophy and methodology. It is well known that defi nitions impoverish the essence and therefore the author sate the need for development of a new methodological approach to defi ning the essence of the constitutional judicial process. The methodological ground of this research is the doctrine of judicial law, i.e. the general (universal) legal theory of the judicial power and procedural law being restored at present moment. The author of the article offers an original methodological approach to defi ning the essence of the process. This approach involves a successive description of the nature, purpose, goals and tasks of this form of judicial proceedings. Based on the defi nition of the constitutional judicial law and the nature of the substantive law used in the constitutional proceedings, the author offers interpretations of the purpose, goal and tasks of the constitutional judicial process based on the aforesaid approach.

Keywords: Constitutional Court of the Russian Federation, constitutional judicial process, constitutional proceedings, constitutional justice, doctrine of judicial law, judicial law, nature of the process, purpose of the judicial law, purpose of the process, tasks of justice.

DOI: 10.7256/2454-0684.2014.4.11726

DOI: 10.7256/2454-0684.2014.4.54218

Abstract: Lately, due to the events happening in Russia and the Ukraine in relation to the Autonomous Republic of Crimea, many political and public fi gures start to appeal to the experience of the Republic of Kosovo which declared its independency. It is known that one of the main features of the sovereign power of the state is the existence of its own legislation and establishment of system of public authorities as well as determination of the competence of these authorities. The important role in ensuring constitutionality and legality is allocated for the constitutional court and the nature of the constitutional control results from functions of the sovereign state. Taking into account the provision set forth above, it seems important to study various aspects of functioning of the Constitutional ourt in Kosovo. The present article contains the results of the aforesaid study. When carrying out the analysis of constitutional and legal status of the Constitutional Court in Kosovo the author mostly uses historical, legallistic and comparative and legal methods. Based on the results of research of the legislation of Kosovo and practice of activity of the Constitutional Court the author notes that the constitutional justice in Kosovo is organized on the basis of the European model of the constitutional control and experience of the socialist Yugoslavia, modern states of the former Yugoslavia and other democratic countries. The results of the research allow the author to claim that it is necessary to recognize the existence of actually functioning institution of the constitutional control in Kosovo, but at the same time it is impossible to speak about a full autonomy of the Constitutional Court from the international and supranational institutions because the latter can infl uence it not only through their decisions, but also directly participating in formation of structure of the Court.

Keywords: former Yugoslavia countries, Kosovo, state sovereignty, constitutional court, constitutional control, Amicus curiae, Constitution, constitutional justice, constitutional complaint.

DOI: 10.7256/2454-0684.2014.4.11630

DOI: 10.7256/2454-0684.2014.4.54219

Abstract: The article is devoted to the questions of legal regulation of investments in the energy sector of the USA, Canada and Mexico. The results of the analysis showed that despite geographical proximity of these three countries and their cooperation within the North American Free Trade Agreement (NAFTA), these countries perform regulation of investments including foreign investments differently. For example, in Canada the level of investments in this sector is rather high. Investment in the Canadian energy industry is encouraged both at the state level and at the level of provinces, renewable energy resources being the priority of such measures. The energy markets of the USA are almost completely liberalized, i.e. are in private property that is one of differences from the Mexican and Canadian energy industry. At the same time the situation is just the opposite in Mexico. The oil and gas sector of Mexico almost completely belongs to the government and the Constitution of this State establishes that "concessions on oil and other solid, liquid and gaseous hydrocarbons are not allowed" which causes a rather low level of investments.

Keywords: investments, energy industry, USA, Canada, Mexico, type of ownership, national policy, foreign investments, concessional taxation, liberalization.

DOI: 10.7256/2454-0684.2016.6.14562

Abstract: The article explores the complex of measures on reforming and development of the system of state service in Russia, ensuring the achievement of Program goals and objectives, which are supposed to be provided on the main areas. The subjects of research are the main provisions in the field of unified management of the public service. Under the Soviet regime, the old law was abolished and an important stage of public service reform was the adoption of the Federal laws. The state service of the modern state is reformed, develops and progresses.Methodological basis of research is the dialectical method and historical, systematic and targeted approaches to study the problem.Scientific novelty is reflected in the formation of a unified system of state control, through the application of new legislation to the service. The legislation not only affects the efficiency of a single system of government, but also civil servants. The formation of a unified approach to affect the development of the state as a whole.

Keywords: establishment, executive authority, state, public service, administrative reform, political aspect, historical aspect, development, operation, law

DOI: 10.7256/2454-0684.2016.6.54574

Keywords: establishment, executive authority, state, public service, administrative reform, political aspect, historical aspect, development, operation, law

DOI: 10.7256/2454-0684.2016.7.15465

Abstract: The subject of this research is to examine the role and importance of judicial interpretation for the development of Russian legislation and law enforcement (judicial and investigative practice). Judicial interpretation, clarification of the highest judicial authorities, the data on the application of the Constitution of the Russian Federation, the current legislation allows to form the unified criteria and rules of qualification of crimes, sentencing, allowing, thus, to unify the law enforcement practice that is able to provide the most effective protection of the rights and freedoms of citizens and the legitimate interests of society and the state. The methodological basis of the study was a set of General scientific and special methods of attainment of objective socio-legal reality in the study area: methods of analysis, synthesis, systematization and generalization, formal-logical method. In the research process were defined function or legal significance, the legal effect of judicial interpretations, explanations on the formation of a uniform judicial practice, the data of the Constitutional court of the Russian Federation and the Supreme Court of the Russian Federation. The conclusions of this article can be useful for law enforcement agencies, students, graduate students, and all those interested in jurisprudence.

Keywords: society, state, human rights, enforcement, legislative activity, court practice, judicial interpretation, legitimate interests, rights protection, fighting crime

DOI: 10.7256/2454-0684.2016.7.54590

Keywords: society, state, human rights, enforcement, legislative activity, court practice, judicial interpretation, legitimate interests, rights protection, fighting crime

DOI: 10.7256/2454-0684.2015.8.16130

Abstract: The subject of the study in the present article is the research on the model of reinforcement of the rule-of-law principle in the 1993 Constitution of the Russian Federation in the context of the interrelation of this model with the basic concepts of legal consciousness - positivist and libertarian-juristic. The author justifies different understandings of the rule-of-law state within the framework of each of these concepts of legal consciousness, in connection with critical distinctions in the views of the supporters of these concepts on the correlation between the state and the law. At that, the article examines historical aspects of choosing the model of reinforcement of the rule-of-law state in the constitutional projects in the early 1990s, analyses transformation of the idea of the rule-of-law state from a draft to the regulatory reinforcement within another legal concept. Methodologically the research is based on the dialectic method, as well as general scientific (logical, ascension from abstract to particular, etc,) and particular scientific (comparative legal studies, systems-structural analysis, interpretation of law, etc.) methods. The final constitutional model of reinforcement of the rule-of-law state is based on the principle of legitimacy, strict compliance with the Constitution and laws, regardless of subjective evaluation of a certain person. Only this approach complies with the aims of establishing stable public order and creating real - not declared - guarantees of rights and freedoms.

Keywords: rule-of-law state, rule-of-law statehood, concepts of legal consciousness, legal positivism , libertarian-juristic concept of legal consciousnes, rule of law, legitimacy, constitution, freedom, equality

DOI: 10.7256/2454-0684.2015.8.54425

Keywords: rule-of-law state, rule-of-law statehood, concepts of legal consciousness, legal positivism, libertarian-juristic concept of legal consciousnes, rule of law, legitimacy, constitution, freedom, equality

DOI: 10.7256/2454-0684.2016.8.20070

Abstract: The subject of this research is the excessiveness of the criminal law in modern Russia, as well as the problem of decriminalization of victimless crime. Based on the examples of several articles of the Criminal Code of the Russian Federation, the author demonstrates a noticeable excessiveness in criminalization of certain types of behavior, and conditionality characteristic to the notion of “crime”. The main method of this research is the economic approach. Using the example of the illegal market of sex services, the article analyzes the correlation between the gains and costs justified by the existence of such ban for society as a whole, or specific social groups. It is highlighted that decriminalization of victimless crimes can be hindered due to the following factors: legislators, who are elected officials, can be dependent upon the senior (the most active) part of the electorate, which mainly supports traditional values; violators of the norms are not interested in legalizations of any actions, since the legalization will result in the growing level of competition, which in turn, leads to decrease of their income.

Keywords: Decriminalization, Legalization, Market of sexual services, Gains, Costs, Sexual moral, Prostitution, Victimless crime, Excessiveness of criminal law, Economic approach

DOI: 10.7256/2454-0684.2016.8.54602

Keywords: Decriminalization, Legalization, Market of sexual services, Gains, Costs, Sexual moral, Prostitution, Victimless crime, Excessiveness of criminal law, Economic approach

DOI: 10.7256/2454-0684.2014.9.13051

DOI: 10.7256/2454-0684.2014.9.54282

Abstract: The subject under research is the definition and content of public inspection of the activity of public authorities as a form of public control in the sphere of anti-corruption measures. The main purpose of the research is to reveal the content and provide the definition of public inspection of public authorities as a form of public control in the sphere of anti-corruption measures and to develop a new legal category of this form of public control. Tasks of the research include the following: a) to analyze legal acts and to describe the content of public inspection of public authorities as a form of public control in the sphere of anti-corruption measures, b) to develop a new legal category ‘public inspection as a form of public control in the sphere of anti-corruption measures’; c) to make recommendations on how to improve the efficiency of implementation of public inspections in the sphere of anti-corruption measures; d) to define promising directions of research in the sphere of anti-corruption measures related to public inspections. Methodological base of the research includes the dialectic materialism and universal scientific research methods based thereupon such as comparison, analysis, synthesis and others used in social sciences. The novelty of the research is caused by the fact that this the first research in Russian law to study public inspection as a form of public control in the sphere of anti-corruption measures, to provide a description of this procedure, to offer a new legal category and to define further directions of research of the given form of public control.

Keywords: Corruption, anti-corruption measures, anti-corruption policy, actors of public control, public control, public inspection, institutions of civil society, anti-corruption legislation, forms of public control, control.

DOI: 10.7256/2454-0684.2013.9.9448

DOI: 10.7256/2454-0684.2013.9.54131

Abstract: The article is devoted to particular legal issues of managing state property according to the legislation of the Russian Federation. The author analyzes goals and targets of state management and provides a summary of implementation of particular management methods. The article studies legal status of state authorities authorized to manage state property, in particular, former Ministry of Property Relations of the Russian Federation and current Federal Agency for State Property Management and describes their functions in certain spheres of state management. In addition, the author underlines that the aforesaid executive authority is not the only authorized agency to manage state property. The author analyzes possibilities for expansion of the triad of legal managerial powers and makes conclusions about a need to improve the Russian Federation legislation in the sphere of state property management in order to use it more efficiently for the benefit of state and society.

Keywords: state institution, property, state property, ministry, agency, management, powers, lease, privatization, efficiency.

DOI: 10.7256/2454-0684.2015.9.15565

Abstract: The article focuses on the problems of legal and organisational nature related to the administrative and legal regulation of the modern economy. The author conducts a theoretical and legal analysis of the mechanisms and concepts of legal regulation of economic relations from the point of view of administrative and legal regulation of public and private sector. The author discusses the notion of state regulation of economy. Special attention is paid to the elaboration of methods and methodology of administrative and legal influence on economic relations. In addition, the article presents a theoretical and legal analysis of concepts of development of law and economics at the present stage. The author considers the interpretation and legal regulation of these categories. The methodological basis of the article is comprised by recent achievements of the theory of knowledge. The study used general philosophical, theoretical, philosophical methods (dialectics, systems method, analysis, synthesis, analogy, deduction, observation, modelling), traditional legal methods (formal logic), as well as methods used in sociological research (statistical methods, expert evaluation, etc.). The main conclusion drawn based on the results of the study is that it is necessary to improve forms and methods of administrative and legal influence on state and private sectors of the Russian economy to ensure law and order in the sphere of economics at the present time. The main contribution made by the authors in this article is the need for the development of administrative and legal regulation of the economy. The novelty of the article lies in the elaboration of proposals for the development of forms and methods of state regulation of the economy, and the creation of legal and institutional guarantees for the rule of law in the economy of our country.

Keywords: growth, economic, sector, regulation, mechanism, right, impact, state, economy, inflation

DOI: 10.7256/2454-0684.2015.9.54442

Keywords: growth, economic, sector, regulation, mechanism, right, impact, state, economy, inflation

DOI: 10.7256/2454-0684.2015.9.16408

Abstract: The subject of the study is the Federal Constitutional Law «On the Commissioner for Human Rights in the Russian Federation». The object of the study is the constitutional legislation of Russia. The author examines in detail the changes made to the Federal Constitutional Law «On the Commissioner for Human Rights in the Russian Federation» since its adoption in 1997 until the present time. Particular attention is paid to the last amendments made to the law by the State Duma of the Federal Assembly of the Russian Federation proposed by the President of the Russian Federation in 2015. The main research method is a comparative legal analysis of the laws that amend and improve the legislation regarding the new constitutional state body — the Commissioner for Human Rights in the Russian Federation. The novelty of the study lies in the fact that the author reviews and analyses the new theoretical propositions added to the Federal Constitutional Law on the Russian Federal Ombudsman by the President in January, by the State Duma in February and March, and by the Federation Council in April of this year. A special contribution of the author to the research is not only the theoretical study of the problem of the need to improve the federal legislation on ombudsmen, but also the practical participation in the formation of the Institute of Commissioners for Human Rights in Russia as a regional commissioner in a federal subject of the Russian Federation for fifteen years — since 2001 until now. The main conclusion of the study is the assertion that a significant number of changes to the constitutional legislation of Russia on Commissioners for Human Rights indicates the constant attention of the state and the parliament in the sphere of observance and protection of human rights, as well as the continuing development and improvement of the constitutional legislation of Russia regarding the rights and freedoms of its citizens.

Keywords: public control, parliamentary commission, human rights activist, human rights, constitutional legislation, constitutional and legal norms, Federal Constitutional Law, places of forces imprisonment, judicial system, cooperation with state authorities

DOI: 10.7256/2454-0684.2015.9.54443

DOI: 10.7256/2454-0684.2014.11.13318

DOI: 10.7256/2454-0684.2014.11.54307

Abstract: The topic under the present research is the role of the paradigm approach in performance of the forecasting function of the theory of law. The author of the article explains the importance of the paradigm approach for forecasting based on the two factors. First of all, the paradigm approach is aimed at studying the legal reality in terms of its dynamics which allows to define tendencies and regular patterns in the development of law and individual branches of law. Secondly, the paradigm approach is based on the methodological pluralism and studies legal phenomena in their socioeconomic and cultural environment which allows to achieve objective results. The author of the article has applied general scientific methods including comparison, analysis, synthesis, abstraction and generalization) and private scientific methods (formal-dogmatic, comparative-legal research, etc.). The analysis carried out by the author shows that implementation of the paradigm approach to law in general leads to an unavoidable gap between general theoretical and branch researches. Voinikanis concludes that the most promising line of theoretical law researches is the application of the paradigm approach to branch researches and law institutions. The research of the ‘local’ legal paradigms enables the participation of the theory of law in legal modernization as a strategic development of the Russian Federation legal system.

Keywords: theory of law, legal paradigm, paradigm approach, legal methodology, legal policy, legal strategy, legal forecasting, branch of law, law institutions, legal reception.

DOI: 10.7256/2454-0684.2013.12.10446

DOI: 10.7256/2454-0684.2013.12.54171

Abstract: The article is devoted to the role of constitutional courts in protecting rights and freedoms of man and citizen in a legal democratic state which is formed on the basis of a civil society. For this purpose the author appeals to the experience of the countries in the territory of former Yugoslavia (Bosnia and Herzegovina, Macedonia, Serbia, Slovenia, Croatia and Montenegro) as well as Russia. These countries overcame socialistic totalitarian regime and now their efforts are aimed at strengthening the principles of democratic and legal state where human, his rights and freedoms are announced to be the most appreciated value. In her research the author uses the method of comparative analysis combined with legalistic and historical methods. Based on the example of experience of the Constitutional Court of Slovenia the author offers the definition of citizen’s ‘legally protected interests’. The article also deals with peculiarities of proceedings of constitutional complains in countries of the region studied. At the end of the article the author concludes that the constitutional justice in the countries established in the territory of former Yugoslavia is a serious and important guarantee for protecting rights and freedoms of man and citizen in comparison with Russia.

Keywords: constitutional justice, rights and freedoms, countries of former Yugoslavia, Actiopopularis, people’s complaint, Quasiactiopopularis, legally protected interest, constitutional complaint, constitutional review, constitutional court.

DOI: 10.7256/2454-0684.2016.12.16782

Abstract: The object of this research is the concept of the rule of law that attained development in foreign practice throughout the four centuries. The “rule of law” idea emerged within the framework of English legal tradition, and with occurrence of the concept of legal state, has been gaining its momentum in other countries. Currently, the rule of law is considered as the fundamental principle of legal state. At the same time, the level of the institutional realization of this principle is the universal indicator of legal state. Despite the brief history of development of the concept of rule of law in Russia, there has emerged the pressing need for re-orientation of the Russian public and professional legal consciousness towards the rule of law and human. The scientific novelty consists in examination of the history of development of the idea and principle of rule of law in foreign science and practice over the four centuries, various interpretations of the notion of “rule of law” and its consistent essence, as well as analysis of the issues regarding the implementation of the principle of rule of law in modern Russia.

Keywords: Legal consciousness, Discretion of authorities, Realization of authority, Independence of the court, Legal certainty, Legitimacy, Equality before the law, Human rights, Legal state, Rule of law

DOI: 10.7256/2454-0684.2016.12.54665