Current Issues of the State and Law最新文献

{"title":"Issues of premeditated bankruptcy in enforcement proceedings","authors":"D. A. Chertoroev","doi":"10.20310/2587-9340-2019-3-11-354-363","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-11-354-363","url":null,"abstract":"Bankruptcy is an effective legal mechanism that allows people to get out of difficult financial situations. This mechanism is designed to reduce the debt burden on persons who are somehow in a difficult situation. In the Russian Federation, currently, the bankruptcy mechanism application or, in other words, the financial insolvency of a person is possible in relation to both individuals and legal entities. There are many people who, if there are visible gaps in the law, try to take advantage of them for personal purposes. Legislation in the field of financial insolvency is no exception-there was a concept of premeditated bankruptcy. Premeditated bankruptcy – bankruptcy carried out by a person artificially, with the creation of circumstances and conditions conducive to the recognition of a person bankrupt. The Russian legislation establishes punishment for premeditated bankruptcy, however the main difficulty is not the punishment of a person, but the proof of the fact of premeditated bankruptcy. We propose a solution to this problem, but not in the form of a typical increase in punishment, but in the form of strengthening the legal consequences after obtaining the status of bankrupt. Strengthening of consequences of obtaining the status of the bankrupt can warn persons from receiving such status intentionally, without necessary circumstances, artificially forming the circumstances necessary for obtaining the above-mentioned status. We establish possible ways to strengthen the consequences of obtaining the status of bankrupt, as well as specific proposals for improving the legislation on bankruptcy.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124820016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal consequences of Brexit for UK regions and theoretical foundations of legal mechanisms for preventing secession","authors":"S. Kodaneva","doi":"10.20310/2587-9340-2022-6-2-140-150","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-2-140-150","url":null,"abstract":"Introduction. The article shows that as the number of ethno-national conflicts increases in almost all parts of the world, secession processes are becoming more and more popular. At the same time, the legal and political mechanisms for preventing secession may differ radically depending on national characteristics. But even those mechanisms that have shown their effectiveness for a long period under certain (crisis) conditions stop working, forcing states to look for new tools to prevent secession of their regions. The purpose and objectives of the study. The purpose of the study is to study the experience of preventing secession of the national regions of the UK in the process of leaving the EU. It is argued that the strict instruments of limiting the autonomy of the re-gions were not only ineffective, but increased the risk of the collapse of the country. The task of analyzing changes in the regional policy of the United Kingdom in the Brexit process is set. Methodology. The methodo-logical model of A. Liphart, the classical approach of A.V. Daisi to the definition of parliamentary sovereignty is used. General scientific methods of generalization and system analysis are also used. The results of the study. It is proved that tough tools to prevent secession in the crisis conditions of the UK’s withdrawal from the EU proved ineffective and, on the contrary, stimulated separatist sentiments in the national regions of the country. Conclusion. It is concluded that only the use of flexible forms of interaction and the formation of new partner-ship instruments allowed to avoid secession of regions. This required the development of new legal and political instruments of interaction and cooperation between the central government and local elites.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129428213","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The axiological status of the state-legal doctrine of Russian conservatism","authors":"Angelina Yu. Kuzubova","doi":"10.20310/2587-9340-2023-7-2-198-204","DOIUrl":"https://doi.org/10.20310/2587-9340-2023-7-2-198-204","url":null,"abstract":"The features of the axiological status of the state-legal doctrine of Russian conservatism, which have an impact on national algorithms of value-motivated organization of legal activity, are considered. It is proved that the conservative doctrine represents the interrelation of irrational legal images and rational ideas originating from religious institutions and state-legal traditions of society, based on the concepts of the priority of ethical principles over formal legal grounds. It is proved that the Russian legal thinking differs significantly from the Western one, which is most fully embodied in the mode of domestic conservatism with its inherent theonomic ethics and metaphysics of unity. Based on the analysis of the domestic legal tradition, the definition of conservative legal values is formed as conditioned by the cultural and civilizational originality of ideas about legal reality, expressed in legal consciousness and legal culture, perceived in unity with moral values. The aim of the study is to establish the axiological status of the state-legal doctrine of Russian conservatism. The methodological basis includes the use of specially legal methods: historical, formal-logical, comparative, at the same time, the historical-legal nature of the work necessitated the involvement of theoretical-legal interpretation and evaluation of state-legal ideas, structural and comparative methods. It is stated that the axiological potential of the state-legal doctrine of Russian conservatism lies in the convergence of the modes of morality and law, orientation to law enforcement with congruent interaction of legal and moral regulators. It is argued that within the framework of the axiological approach and in the context of taking into account the legal tradition of Russia, it is possible both to overcome the inertia of the modern theory of law and to increase the effectiveness of legal regulation.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128742941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Comparative analysis of the public and national domain: civil and legal aspect","authors":"A. Bibarov-Gosudarev","doi":"10.20310/2587-9340-2019-3-12-530-539","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-12-530-539","url":null,"abstract":"We analyze the concepts of public and national domain. We pay special attention to determining the public domain place in the system of intellectual property. We formulate the main approaches to the results of human intellectual work in order to determine the relevance of works of science, literature, art to the public domain. We study the tools for identifying objects of the national domain in the public domain. It is proved that a proprietary approach to intellectual property right fits into the concept of national domain. We define an exception – the identification of the creator’s right to a specific intellectual result should be slightly limited in time or should not occur at all. We note that the concept of national domain took a lot from the proprietary concept, while it does not apply to individuals, but applies to the whole people. We substantiate the position that the proprietary approach can be applied in the national domain theory only to the extent that it does not limit the title of a nation (people) in relation to certain objects of intellectual right. We identify weaknesses and strengths of intellectual prop-erty norms implementation in other branches of legislation, as well as civil and legal relations. At the same time, we pay special attention to the national domain institution, taking into account its comparative characteristics with the public domain and the results of the intellectual work of the most talented members of society.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129573166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL POSITION OF THE EXECUTOR OF MEDICAL \u0000SERVICES AS A SUBJECT OF LEGAL RELATIONS \u0000ON VOLUNTARY MEDICAL COSTS INSURANCE","authors":"Olga Yuryevna Prokuda","doi":"10.20310/2587-9340-2019-3-9-25-35","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-9-25-35","url":null,"abstract":"With the transition of the economy of the Republic of Belarus to market relations, it became necessary to search for new sources of income for financing socially important spheres of social relations. The social policy priority areas of the Republic of Belarus are the protection of citizen’s health and the provision of quality medical care. At the same time, the state is not able to provide the population with free medical care of adequate volume and quality. State obligations to provide such assistance are not fully provided with financial resources. The growing public demand for health services requires additional sources of funding. We believe that additional sources of financing for health services can be provided by health insurance. However, the minimum state guarantees of citizens for free medical care should also be fixed at the legislative level. We consider legal status of the independent subject of relations on voluntary medical insurance – the executor of medical service. Also we substantiate the expediency of fixing at the legislative level of medical service Institute executor. As the executor of medical services it is offered to consider not only the organizations of health care of the state and non – state forms of ownership providing medical care, but also other subjects which according to the legislation of Republic of Belarus, are authorized to carry out medical activity-individual entrepreneurs and other organizations.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127377252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Private initiative and professional communities as a factor of construction law formation in the Russian Empire","authors":"Mustafa Ahmed Jasem Jasem","doi":"10.20310/2587-9340-2019-3-12-447-455","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-12-447-455","url":null,"abstract":"This work is the first in a series of materials devoted to the forms of manifestation of private and public initiative in the construction law of Russia during the empire and the Soviet period. We center on the phenome-non of “private initiative” as a factor in city formation and construction law. The strength of this factor is illustrated by separate plots of the city-planning policy of the Russian Empire and local lore historical material. We actualize the problem of representation forms of private initiative and public inquiries. Factors of the construction law formation, besides objectively existing legis-lative activity of the state and the rule-making activities of local authorities, were the proposals of the professional community. We analyze the forms of such proposals (appeals) to the authorities in the context of the active formation of civic consciousness of the intellectual professional elite of Russia concerning city-planning activities and city-planning regulation. Private initiative is understood as a psychological, normative-generating base of social relations, which are the basis for the current complex of city-planning activity regulators. We draw conclusion about the representation of private public inquiries for a comfortable urban living environment in the form of proposals by the professional community to the state, which were formulated imperatively. We draw conclusion about the specific applied nature of legislative proposals in the field of city-planning regulation, which were generated by technical experts and territorial representatives.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130629244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Law and legislation","authors":"V. Antonchenko","doi":"10.20310/2587-9340-2022-6-2-123-131","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-2-123-131","url":null,"abstract":"The study is devoted to the analysis of the role of law in the life of modern society and the state and its relationship with the law. In the context of society's search for ways of social evolution, the problem of the relationship between law and legislation is becoming more acute. In this regard, the theoretical issues of the origin of law, its sources, its connection with the state and its role in public relations are of particular importance and acquire great practical importance. Purpose: to form an idea of the true role of legal positivism and its connection with the natural law doctrine in the legal understanding. Methods: historical, historical-legal, concrete-historical, chronological, historical-comparative, historical-typological, hypothetical-deductive, theoretical methods of formal and dialectical logic. Results: the analysis of processes and phenomena related to one or another approach to the understanding of law has shown that the image of law, formed within the framework of concrete historical achievements of society in its material and spiritual development, is characterized by a certain value-cultural attitude to law, which, in turn, has a practical effect on people's lives, the well-being of society and the stability of the state. Conclusions: in a state that proclaims itself democratic and legal, the natural law doctrine of human rights should be the basis for the formation of legislation. The right of freedom, equality and justice, enclosed in the form of a legal norm, is a condition for the harmonious development of society and the stability of the state.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130646396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On John Rawls’ theory of justice","authors":"Viktoriya V. Solovyeva","doi":"10.20310/2587-9340-2022-6-2-167-177","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-2-167-177","url":null,"abstract":"The political processes that took place in the world after the Second World War required a new philosophi-cal understanding, since the utilitarian approach, which dominated the Anglo-American political tradition for a long time, could not fully fulfill this task. John Rawls, from whom the revival of political philosophy began, proposed his own version of the solution of the accumulated theoretical problems, which met the social and po-litical demands of his time. Moreover, Rawls was practically the first to put justice at the center of political and philosophical thought. The problem of justice has been the subject of attention of philosophers since Antiquity, however, the doctrine of justice was the components of social and moral teachings in general, while traditionally the main issue for political philosophy was the question of power, its political organization and legitimacy. The purpose of the article is a scientific analysis of the political and philosophical legacy of John Rawls. Rawls dem-onstrated that the political organization of power is derived from how we understand ethical norms and what norms (rules) we are guided by in social interaction, therefore the main issue of political philosophy is not the question of power, but the question of justice. In addition, he was convinced that political freedom is closely re-lated to equality. The methodological basis included the dialectical method, a group of general scientific methods of cognition – the method of analysis and synthesis, the structural method, as well as private scientific ones - formal legal and comparative legal methods. It is concluded that Rawls’ theory of justice had a decisive influence on the political philosophy of the twentieth century, the development of which largely took place on the basis of criticism or reception of his ideas. Today we are witnessing the beginning of a break with the tradition of which Rawls is the spokesman and which assumes that the political is based on the possibility of consensus and ethical agreement. However, the current development of political philosophy is also closely related to the rethinking of Rawls’ legacy, which we see, in particular, in the development of so-called “imperfect” political theories.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130818975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Comparative legal analysis of legal status models of state and municipal employee","authors":"Nataliya E. Sadokhina, O. G. Shadsky","doi":"10.20310/2587-9340-2021-5-20-678-691","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-20-678-691","url":null,"abstract":"The relevance of this study is due to the great importance of the institution of state and municipal service in ensuring the tasks and functions of the state. The legal status of state and municipal employees is being perma-nently reformed. The next stage of reforms is associated with the amend-ments to the Constitution of the Russian Federation made in 2020, which also affected the requirements for persons employed in the public service. In addition, the appearance in the Constitution of the term “public authority”, which includes not only state power, but also local self-government, largely predetermined the unification of requirements for persons employed in state and municipal service. The constitutional changes led to the reform of legislation in this area. We conclude about the importance of comparative legal research for the scientific substantiation of ongoing legislative reforms. The comparative legal method of research allows us to single out the general, special and singular in the development of normative regulation of the legal status of state and municipal employees in various legal families and systems of our time. Based on the analysis carried out, we determine the similarity in the structure of the legal status of state and municipal employees in Russia and foreign countries. At the same time, attention is drawn to the fact that the range of civil service positions in the Russian Federation is narrower than abroad. We forecast the ways of development of domestic legislation in this area.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127849322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Development of voluntary marriage principle in Russian family law","authors":"Nelli A Ivanova, Elvira A. Guruleva","doi":"10.20310/2587-9340-2021-5-20-716-728","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-20-716-728","url":null,"abstract":"We consider the issues of origin and development of voluntary marriage principle, which is the basis of legal regulation of family relations in modern Russia. The purpose of the study is to examine the features of development of voluntary marriage principle of in Russian law. We use general scientific methods (dialectical, logical, systematic), private scientific methods (historical, statistical, sociological), as well as special legal (comparative legal, formal legal). We note that the voluntary nature of the marriage union is revealed through the freedom of marriage and freedom of its dissolution. The following stages are distinguished in the development of voluntariness principle: the pre-Christian period, the period after adoption of Christianity before the reign of Peter I, the period of empire, the Soviet and post-Soviet periods. We conclude that the development of voluntary condition was consistent and corresponded to the democratization of society. We note that the definition of the boundaries of the freedom of divorce in domestic law was of a fluctuating nature: from the tightening of divorce to its liberalization. We draw attention to the fact that the issue of divorce freedom legal regulation is to find the most optimal balance of the personal interests of spouses who are dissolving their marriage, their children, as well as society and the state.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129250819","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}