Current Issues of the State and Law最新文献_第5页

Law-making policy as a factor of increasing the culture of law-making (the experience of the theoretical reasoning) 立法政策作为提高立法文化的因素(理论推理的经验)

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2019-3-10-159-164

Vladimir Yuryevich Samorodov

{"title":"Law-making policy as a factor of increasing the culture of law-making (the experience of the theoretical reasoning)","authors":"Vladimir Yuryevich Samorodov","doi":"10.20310/2587-9340-2019-3-10-159-164","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-10-159-164","url":null,"abstract":"We study the interrelation of law-making policy and law-making culture on the basis of their analysis and allocation of the general signs. It is established that through law-making policy on law-making culture can have a significant positive impact, which is an important part of the improvement of law-making institution as a whole. In the context of thematic discussions the conclusion about the possibility of improving the basic structural foundations of the modern society legal life, which determines the relevance of this study. In this regard, the need to improve the culture of law-making is emphasized. We made an analysis of law-making policy and culture of law-making categories interrelation, theoretical arguments in disclosure of the required interrelation are designated. The purpose of this work is to substantiate the role of law-making policy in enhancing the culture of law-making and their sustainable relationship. In this study we use methods of analysis, synthesis, modeling, comparison and system studies. The conclusion to this study emphasizes that through the proper implementation of the totality of the inherent law-making policy tools, this type of legal activity can improve the general and special culture of law-making, which will ultimately act as a catalyst for improving the structural foundations of the modern society legal life.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"16 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":"125362679","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}

引用次数: 0

Theory of states multilateral interaction on the example of BRICS activities 国家多边互动理论——以金砖国家活动为例

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2021-5-20-590-601

B. Asadov, V. Gavrilenko, S. Nemchenko

{"title":"Theory of states multilateral interaction on the example of BRICS activities","authors":"B. Asadov, V. Gavrilenko, S. Nemchenko","doi":"10.20310/2587-9340-2021-5-20-590-601","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-20-590-601","url":null,"abstract":"The object of study is the BRICS activities as a special format of multilateral interaction between states. We consider the theory of above-mentioned interaction and cooperation of countries, which are expressed in the implementation of a joint policy on a number of issues. The evolution of BRICS and its unification in the international legal space contributes to ob-servance of common interests and views of BRICS participants on the prob-lems of modern international relations, reflects the objective trends of world development and the formation of a multipolar system of international rela-tions, ensures the interests of individual major state actors in broad interna-tional integration. The relevance of the issues under study lies in the fact that individual features of the international legal status of BRICS are investigated, which make it possible to effectively influence the challenges of modern world. The legal status of BRICS is fundamentally different from traditional legal approaches to international organizations and acting as a special subject of world politics, creating the most trusting conditions for interaction, BRICS focuses on other principles of world order within the framework of a new model of global relations.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"102 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":"121579242","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}

引用次数: 0

Accounting the priority of health protection principles in patent legal rela-tions 专利法律关系中健康保护优先原则的核算

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2023-7-2-287-294

A. V. Latyntsev

{"title":"Accounting the priority of health protection principles in patent legal rela-tions","authors":"A. V. Latyntsev","doi":"10.20310/2587-9340-2023-7-2-287-294","DOIUrl":"https://doi.org/10.20310/2587-9340-2023-7-2-287-294","url":null,"abstract":"The correlation aspects of civil rights, in particular, in the field of intellectual property, and the constitutional law to health care and medical care are analyzed. Thus, the constitutionally significant principles that reveal the essence of this constitutional law and contained in the sectoral legislation in the healthcare field, including the need to ensure principle the availability of medicines, are concretized. At the same time, a significant gap in Russian legislation is indicated in lack terms of a clear principle specification of the need to ensure the availability of medical devices. Special attention is paid to the issues of ensuring the right of citizens to receive the most effective medical care and gaps in the legislative effectiveness and availability regulation of medicines and medical devices. The main civil law principles and conditions for restricting civil rights in order to protect the health of Russian residents are considered, followed by a priority in civil law relations justification, including in patent law, of the identified constitutionally significant principles that reveal the constitutional law essence to health care. It has also been proved that the need to ensure the conditions for the right realization to health protection of Russians, for example, the availability of medicines and medical devices, can serve as a basis for limiting exclusive rights in patent legal relations (in particular, the relevant foreign patent holders in the conditions of inaccessibility or insufficient availability of medical products in conditions foreign sanctions).","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"1035 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":"116267813","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}

引用次数: 0

Compliance as a tool for managing legal risks: to raise the issue of maintaining a balance of interests between the business community and public control (supervision) bodies 将合规作为管理法律风险的工具:提出在工商界和公共控制(监督)机构之间保持利益平衡的问题

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-1-7-18

Aleksandra A. Brosalina

{"title":"Compliance as a tool for managing legal risks: to raise the issue of maintaining a balance of interests between the business community and public control (supervision) bodies","authors":"Aleksandra A. Brosalina","doi":"10.20310/2587-9340-2022-6-1-7-18","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-1-7-18","url":null,"abstract":"The development of a market-based management system as an integral attribute of the economic policy of the Russian Federation is possible only with the introduction of legal and organizational measures to stimulate entrepreneurial activity, as well as to minimize the manifestation of possible violations by business structures in it. The research is based on a hypothesis about the possible role of compliance in establishing a balance of private and public interests in the implementation of control and supervisory activities by public administration bodies. The purpose of work is a scientific analysis of the concept of “compliance”, its legal nature and content, as well as the study of problems and prospects for the implementation of its universal form – antimonopoly compliance as a means that allows to maintain a balance of interests between public control bodies and business sector. 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 – formal legal and comparative legal methods. Within the framework of the research, the features of compliance in the activities of business entities are analyzed, analytical and regulatory legal materials related to the implementation of antimonopoly compliance in Russia and foreign countries are studied. We conclude that antimonopoly compliance can contribute to the independent prevention of violations by business entities, reduce the level of state interference in their activities by reducing the number of inspections by antimonopoly authorities, and also, in combination with a risk-based approach, to a certain extent optimize the system of state control over compliance with antimonopoly legislation.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"20 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":"122467892","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}

引用次数: 0

THE SYSTEM OF CRIMES AGAINST LIFE: DEVELOPMENT OF LEGISLATION TRENDS 危害生命罪制度:立法发展趋势

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2019-3-9-45-54

V. V. Khatuayeva, Kseniya Alekseyevna Soskova

{"title":"THE SYSTEM OF CRIMES AGAINST LIFE: \u0000DEVELOPMENT OF LEGISLATION TRENDS","authors":"V. V. Khatuayeva, Kseniya Alekseyevna Soskova","doi":"10.20310/2587-9340-2019-3-9-45-54","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-9-45-54","url":null,"abstract":"The relevance of the study is due to the fact that at present it is possible to recognize crimes against life as one of the main threats to national security. The aim of research is to analyze the crimes system with considering object of assault, to identify trends in the development of the current criminal legislation. In this system, there are three subsystems of crimes, the object of which is human life: murder, infliction of death by negligence and incitement to suicide and related constituent elements of a crime. We give the criminal law characterization of murder as intended infliction of death to another person. It is stated that the infliction of death by negligence differs from murder only in the form of guilt. We support and justify the medical crimes structural separation. We give as an example the statistical data according to which every year on part 2 of article 109 of the Criminal Code of the Russian Federation from 65 to 126 people are condemned. It is indicated that it is impossible to establish the number of medical workers prosecuted for this crime. In addition, it is concluded that such statistics are not comparable with the number of complaints filed by patients in connection with inadequate medical care, as well as with data, for example, the Office of Russian Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor) in the Voronezh Region on the frequency of discrepancies between clinical and pathological diagnoses, indicating a serious problem in the provision of medical care. We characterize the reformed institution of criminal liability for incitement to suicide. We made conclusion that the criminal law policy in the sphere of combating crimes against life is characterized by the expansion of the list of socially dangerous acts recognized as criminal.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"47 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":"121855865","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}

引用次数: 0

Participation of convicts in videoconferences with courts: legal and organizational problems 罪犯参与法庭视频会议:法律和组织问题

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2023-7-1-132-140

Nikolay S. Kovalev, Konstantin V. Karetnikov

{"title":"Participation of convicts in videoconferences with courts: legal and organizational problems","authors":"Nikolay S. Kovalev, Konstantin V. Karetnikov","doi":"10.20310/2587-9340-2023-7-1-132-140","DOIUrl":"https://doi.org/10.20310/2587-9340-2023-7-1-132-140","url":null,"abstract":"The object of the present study is the penitentiary legal relations associated with the participation of convicts in videoconferencing with the courts. A study is made of the practice of implementation in the activities of correctional institutions of measures related to the participation of convicts in video conferencing with the courts. An analysis is made of the provisions of regulatory legal acts regulating the withdrawal, escort and supervision of convicts participating in videoconferencing with the courts. A survey is conducted among employees of correctional institutions, whose activities are related to the organization of the participation of convicts in videoconferencing with the courts. Legal and organizational shortcomings associated with the withdrawal, escort and supervision of convicts participating in video conferencing are identified, and ways to eliminate them are proposed. The methodological basis of the study is a questionnaire survey, which involves receiving written answers to the questions formulated in the questionnaire from employees of correctional institutions of the Siberian Federal District in order to obtain real data on activities related to organizing the participation of convicts in videoconferencing with courts. This method made it possible to identify organizational problems associated with the withdrawal, support, organization and supervision of the convict during their participation in videoconferencing with the courts. As a result of the study, an algorithm is proposed for withdrawing, accompanying and supervising convicts participating in video conferencing.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"46 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":"115563889","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}

引用次数: 0

The specifics of litigation related to the non-contractual division of the jointly acquired property of the spouses 与夫妻共同所得财产的非契约性分割有关的诉讼细节

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-2-219-227

N. V. Mitrofanov

{"title":"The specifics of litigation related to the non-contractual division of the jointly acquired property of the spouses","authors":"N. V. Mitrofanov","doi":"10.20310/2587-9340-2022-6-2-219-227","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-2-219-227","url":null,"abstract":"The purpose of the study is to consider the features of litigation affecting the division of jointly acquired property. Research objectives: to study the development of the institution of property rights of spouses, to con-sider the types of legal regimes of property of spouses, to identify the main features when considering family disputes over the division of jointly acquired property. I used general scientific methods (dialectical, logical, sys-tematic), private scientific methods (historical, statistical, sociological), as well as special legal (comparative le-gal, formal legal). The problems of the emergence and consolidation of the institution of the legal regime of property relations of spouses in family law are considered. It is concluded that in Russia the legal regime of the legal property of spouses is mainly applied. This is due to historical continuity and the recent emergence of a market economy. Legal mechanisms for protecting spouses (former spouses) in the framework of disputes with creditors of the debtor spouse are noted. The main problematic points related to the determination of the composition of jointly acquired property have been studied. Attention is drawn to the fact that a spouse (ex-spouse) can apply to the court with a request to invalidate a transaction for the sale of jointly acquired property without his consent. The main evidence on disputes related to the division of property is indicated, with the determination of the particular importance of forensic examination. The question of alternative ways of resolving the conflict is touched upon. A method is proposed to reduce the risks of the parties when concluding a settlement agreement on the division of jointly acquired property.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"51 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":"115677831","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}

引用次数: 0

Legal nature, content and social services standard significance 法律的性质、内容和社会服务规范的意义

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2019-3-11-325-335

R. Zelepukin

{"title":"Legal nature, content and social services standard significance","authors":"R. Zelepukin","doi":"10.20310/2587-9340-2019-3-11-325-335","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-11-325-335","url":null,"abstract":"We raise the topic of the social services current system, the place and importance of nonprofit organizations in it. It is noted that the tendency of social services nonprofit sector transfer to the population with the subsequent reimbursement of expenses from the budget. We analyze various barriers of nonprofit organizations participation in the social services provision in the context of which it is proposed to provide an advance mechanism for reimbursement of nonprofit organizations for the social services provision. The importance of the social services standard is emphasized, its content is revealed and an attempt is made to reveal the legal nature of the standard of social services. We note the content of the standard established by the federal legislation; also we draw attention to the fact that the procedure approval for the social services provision by social service providers is attributed to the powers of public authorities of the subjects of the Russian Federation. We present the analysis of the social services provision standard in the Tambov Region by forms of social services approved by the order of Social Protection and Family Policy Department of the Tambov Region dated April 1, 2016 no. 463-ф. The points requiring adjustment from the point of view of legal technique are revealed, and also other offers on modification of the specified regulatory legal act are specified. As a result, we conclude that the social services standard, firstly, expresses the amount of social assistance guaranteed by the state, secondly, it is an exhaustive set of requirements for the service itself, allowing to plan activities and resources, and, thirdly, it is a set of requirements for quality control of social services and protection of the rights and legitimate interests of their recipients.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"208 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":"115743377","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}

引用次数: 0

Drug safety in modern conditions of a new type of war: problematic aspects 现代新型战争条件下药品安全问题的几个方面

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2021-5-19-425-437

N. Frolova

{"title":"Drug safety in modern conditions of a new type of war: problematic aspects","authors":"N. Frolova","doi":"10.20310/2587-9340-2021-5-19-425-437","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-19-425-437","url":null,"abstract":"The study actualizes the issues of achieving drug safety for individuals and society in the context of the prevalence of methods of “hybrid” impact on their culture, consciousness and life, associated with new information technologies using social networks, the darknet, web markets, shadow types of communications. In reality, this cumulatively reinforces the antagonism of a deep conflict between state and existing international drug trafficking market. The manifestations of drug expansion, the dynamic introduction of the drug subculture, the moral disorientation of young people in the context of the global information and social processes taking place in the 21st century contribute to the strengthening of the dangerous trend of drug addic-tion in society. From the standpoint of the geopolitical approach and its prin-ciples, we indicate the urgency of the need for the formation of a national drug control strategy through the creation and functioning of the state anti-drug system with the implementation of a legal policy to counter the spread of drug addiction and illegal drug trafficking. This is fully answered by an in-tegrative approach with the definition of such important components in this system as: regulatory and legal, scientific and theoretical, organizational and managerial, information, control and analytical. The study presents the forms of anti-drug activities at the federal, regional and local levels to build a systemic counteraction to drug trafficking in Russia.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"204 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":"116180281","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}

引用次数: 0

Physical and mental health of military personnel as a social value 军事人员的身心健康作为一种社会价值

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-3-450-458

Nikolai S. Novikov, P. Y. Naumov, A. Utyuganov

{"title":"Physical and mental health of military personnel as a social value","authors":"Nikolai S. Novikov, P. Y. Naumov, A. Utyuganov","doi":"10.20310/2587-9340-2022-6-3-450-458","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-3-450-458","url":null,"abstract":"We consider the problems of formation of the main vital aspects of military personnel, such as physical and psychological health, endurance, the ability to maintain high combat readiness in extreme conditions and in the presence of danger associated with a threat to life and health. The emergence of the army is a natural phenomenon, caused by the need to protect the society from both external encroachments on the sovereignty of the state, and on the internal balance in society. To maintain a high level of combat readiness in the army, a physically prepared and spiritually healthy serviceman is needed, capable of performing the tasks assigned to him in conditions that involve a risk to his life. The subject of the study is the physical and mental health of servicemen as a social and legal value. As a research methodology, systemic and subject-activity approaches to the analysis of social and legal phenomena creatively interpreted by the authors are used. We prove that the content of the vital values of servicemen is born in their interaction with the values of the psychological and spiritual level required in professional military activity. We raise the issue of developing a methodology for educating the skills of professional military activities that ensure the preservation of the life of society, as well as the necessary norms of law and order that ensure it. We note that in accordance with the tasks facing the society and the army to ensure the activities of the society and its citizens, it is necessary to develop a legal framework that allows us to successfully solve the tasks facing the state in medical support for the army.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"44 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":"122999979","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}

引用次数: 0