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Publications of Chuklova Elena Valerievna
Security Issues, 2021-3
Chuklova E.V. - State legal mechanism for ensuring environmental and technogenic safety pp. 21-43

DOI:
10.25136/2409-7543.2021.3.36378

Abstract: In the light of the ongoing state administration reform, it is relevant to examine the state legal mechanism for ensuring environmental and technogenic security as the types of national security. The subject of this research is the definition of the concept and structure of such mechanism, which is an essential condition for ensuring the protection of favorable environment; observance of the interests of citizens and legal entities, society and the state; prevention of threats of natural and technogenic emergency situations; and minimization of the consequences of such situations. On the institutional level, the state legal mechanism for ensuring environmental safety represents the system of governing institutions assigned with the implementation of the key directions and mechanisms for ensuring environmental and technogenic safety; as well as private and legal entities, whose legal status includes the rights and responsibilities in the sphere of ensuring environmental and technogenic safety. On the technological level, the state legal mechanism is characterized by the types of legal activity. On the instrumental level, it represent a set of means and methods at the disposal of the entities. The scientific novelty of this research lies in examination of the essential aspects of the state legal mechanism for ensuring certain types of national security, as well as in formulation of the concept of the state legal mechanism applicable to ensuring environmental and technogenic safety, the absence of which impedes the assessment of the effectiveness of such mechanism in relation to protection of identity, society, and the state from environmental and technogenic hazards, threats and conflicts. The conclusion is made that a range of problems arises in the context of formation of the state legal mechanism for ensuring environmental safety: the existing model of state regulation of greenhouse gas emissions, which is based on voluntary inventory, obstructs the acquisition of information on the volume of greenhouse gas emissions by the administrative authorities; the created information systems in the sphere of environmental security are not an effective mechanism for achieving the goals of the Strategy of Environmental Security; there is certain inconsistency in environmental surveillance regulation.
Legal Studies, 2019-10
Chuklova E.V. - The Relations Between the Institution of Procedural Responsibility, Legal Relationships and Legal Practice pp. 73-85

DOI:
10.25136/2409-7136.2019.10.30890

Abstract: The subject of this research is the institution of procedural responsibility and its relations with legal relationships and legal practice. In her research Chuklova defines genetic, coordination, subordination and functional relations. According to the author, implementation of procedural responsibility provisions creates both material and procedural legal relations. The author demonstrates that the institution of procedural responsibility either relates to legal relationships at the functional genetic level disregarding the definition of a particular legal relationship or acts as a result of legal regulation or means of regulation. There should be legal grounds for creating such an institution, too. The institution of procedural responsibility creates conditions for discovering the truth in criminal, civil or administrative cases, thus demonstrating subordination relations. The research is based on general and special research methods such as comparative law, formal law analysis, functional and systems approaches, etc. As a result of the research, the author concludes that judicial practice is a coordination link between procedural form and material law, however, many court decisions demonstrate a negative tendency in implementation of the procedural responsibility provisions when there is a total substitution of one term with the other. For example, contempt of court includes such actions as numerous continuous disqualifications, non-submission of documents, failure to appear in court, non-compliance with court orders, negative remarks about a judge's professional or personal qualities. The article is funded by The Russian Foundation for Basic Research, project No. 19-011-00103 А 'Legal Responsibility in Russia's Legal System: the Concept of Interaction, Interconnection and Elimination of Contradictions with Other Elements of Legal System'. 
Legal Studies, 2017-11
Chuklova E.V. - On the concept, features and forms of administrative procedure enforcement pp. 46-54

DOI:
10.25136/2409-7136.2017.11.24152

Abstract: The research subject is the institution of administrative procedure enforcement. The author defines its concept, studies its features and forms. In the author’s opinion, administrative and procedure enforcement has the following forms: measures of procedural protection (including protection, responsibility and security measures) and injunctions. The author compares the forms of administrative procedure enforcement, points out their common features and peculiarities. As the common features, the author mentions public enforcement character, normative formalization, existence within a legal relationship; peculiarities consist in the reasons for use, content, reasons for immunity and exceptions. The study is based on the dialectical method of cognition of social phenomena and the related general scientific and specific methods: comparative-legal, formal-legal, functional, system and others. The author formulates conclusions about the concept of administrative procedure enforcement and existence of injunctions, which have different reasons for use, different content, reasons for immunity and exceptions. The article is a part of the research project of Russian Foundation for Basic Research No 16-33-00017 “Complex intersectoral institution of legal responsibility: concept, structure, interrelations and place in the system of law”. 
Legal Studies, 2016-12
Chuklova E.V. - Structure of the Institute of procedural responsibility pp. 30-38

DOI:
10.7256/2409-7136.2016.12.1981

Abstract: The subject of the study is the institute of procedural responsibility, which is a two-level system. The author examines in detail each element of this system, and notes that the first level is norms-definitions and norms-principles, the second level is represented by separate subinstitutions, such as civil procedural, criminal procedural, administrative procedural and constitutional procedural responsibility. Special attention is paid in the article to the study of measures of sectoral subinstitutions of procedural responsibility that ensure the protection and protection of procedural public relations. The research is based on the dialectical method of cognition of social phenomena and organically related general scientific and private methods: comparative legal, formal legal, functional, systemic and others. As a result of the conducted research, the author draws conclusions about the existence of an independent institution of procedural responsibility. The circumstances testifying to this are the existence of principles of procedural responsibility, norms-definitions, features of the application of measures of procedural responsibility. The author touches upon some prospects for improving the institute under study. The article was supported by the RGNF, project No. 16-33-00017 "Complex, intersectoral institute of legal responsibility: concept, structure, interrelations and place in the legal system".
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