Current Issues of the State and Law最新文献_第7页

Doctrinal principles of law: concept and specificity 法律的教义原则:概念和专一性

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2021-5-17-9-21

V. Iliukhina

{"title":"Doctrinal principles of law: concept and specificity","authors":"V. Iliukhina","doi":"10.20310/2587-9340-2021-5-17-9-21","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-17-9-21","url":null,"abstract":"Based on the understanding of the doctrinal principles of law as socially significant ideas formulated by scientists, practitioners, politicians in scientific works and other texts, as well as in public speeches and have not found a normative consolidation, the peculiarities of the doctrinal principles of law are highlighted. It is proposed to delimit the doctrinal principles of law from legal axioms and normatively enshrined principles of law (principles of positive law). The similarity between the doctrinal principles of law and legal axioms is that they are ideas. It is substantiated that their differences lie in the fact that legal axioms are always ideas that are socially important and tested by historical experience, and doctrinal principles can be absolutely any, including new ones, coinciding or not coinciding with the needs of society; doctrinal principles are always not normatively fixed (this is their main specific feature), and legal axioms may or may not have normative consolidation. The main differences between doctrinal and normatively enshrined principles of law are highlighted. Three ways are established for the implementation of doctrinal ideas to the level of sectoral, inter-sectoral or general legal principles. The position is substantiated that doctrinal principles have enormous social significance and play an important role in the legal system of Russia, since are the basis for innovative changes in law, are a driving force for the development of legislation, based on the level of development of scientific knowledge and the needs of society in a specific historical period.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"111 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":"124058881","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: 1

ABOUT JUDICIAL DISCRETION AT CONSIDERING PERIOD DETERMINATION OF THE CASE BY COURT IN CIVIL PROCEEDINGS 论民事诉讼中法院对案件的审定期间的司法自由裁量权

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2019-3-9-89-98

A. D. Zolotukhin, Lyudmila A. Volchikhina

{"title":"ABOUT JUDICIAL DISCRETION AT CONSIDERING \u0000PERIOD DETERMINATION OF THE CASE BY COURT \u0000IN CIVIL PROCEEDINGS","authors":"A. D. Zolotukhin, Lyudmila A. Volchikhina","doi":"10.20310/2587-9340-2019-3-9-89-98","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-9-89-98","url":null,"abstract":"In civil proceedings, the legislator defines two conditions that ensure the process of judicial review and resolution of cases: the condition for proper consideration, resolution of civil cases and the condition for timely consideration and civil cases resolution. Proper consideration and resolution of cases involves compliance with the substantive and procedural law requirements. Timely consideration and resolution of cases involves compliance with the court terms of their consideration and resolution. Each of these conditions ensures the right of the persons concerned to judicial protection. Examining these conditions compliance process, we came to the conclusion that the fulfillment by the judge of the condition of compliance with the terms consideration and cases resolution for which he bears disciplinary responsibility, is achieved by his failure to meet the conditions of proper consideration and resolution of cases in terms of compliance with the procedural rules of their consideration and resolution, which entails violations of the right of interested persons to judicial protection. To solve this problem, we propose in civil proceedings to give the court the right to determine the period of consideration of the case at its discretion, based on the criteria of its reasonableness determined by the legislator.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"91 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":"129027150","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 reality in the context of social reality: a philosophical-legal perspective 社会现实背景下的法律现实:哲学-法律视角

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2023-7-1-28-34

Nikita G. Malkov

{"title":"Legal reality in the context of social reality: a philosophical-legal perspective","authors":"Nikita G. Malkov","doi":"10.20310/2587-9340-2023-7-1-28-34","DOIUrl":"https://doi.org/10.20310/2587-9340-2023-7-1-28-34","url":null,"abstract":"The philosophical and legal analysis of the category “legal reality” is presented in relation to the problems of the correlation of this legal phenomenon with the category “social reality”. The author declares and proposes to study the special relationship between the concepts of “social reality” and “legal reality” outside the framework of the general theory of law. Taking into account the connection of these concepts, it seems that “legal reality” as a philosophical and legal category is closest to interpretation as a “layer”/a “slice” or, in essence, a separate manifestation of “social reality”. Special attention is paid to the formulation of the problem of different understanding of social phenomena in relation to legal and social reality, the issues of possible interpretation of the facts of social life in absolutely different ways in “legal reality” and “social reality”. Differences, on the other hand, do not act as contradictions, but represent, to a certain extent, a variety of forms of social life. If there are points of contact, there is room for interpretation of various manifestations of “legal reality”. As examples of the contact between “social reality” and “legal reality”, the author refers to the social and legal aspects of such a legal category as “thing”, as well as the importance of language for the formation of “legal reality”.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"22 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":"127360532","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

On the issue of law principles perception in different concepts of legal understanding 关于法律原则认知问题，不同概念的法律理解

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2023-7-1-7-16

Vera A. Ilyukhina

{"title":"On the issue of law principles perception in different concepts of legal understanding","authors":"Vera A. Ilyukhina","doi":"10.20310/2587-9340-2023-7-1-7-16","DOIUrl":"https://doi.org/10.20310/2587-9340-2023-7-1-7-16","url":null,"abstract":"The present research is devoted to the study of law principles perception in different legal understanding concepts. The purpose of work is to analyze the concept and place of law principles in the legal system within the framework of various types of legal understanding, and the tasks of work are the law principles perception in the natural law concept by R. Dworkin, the libertarian theory of law by V.S. Nersesyants, positivist and integrative legal understanding. It is substantiated that the law principles concept, the allocation of their types and the definition of their role in the legal system is largely due to the type of legal understanding, which the scientist is a supporter of. Emphasis is placed on the axiological component of the studied approaches in relation to the law principles. It is proved that the natural-legal, liberal, positivist and integrative types of legal understanding allow focusing on the aspects of legal reality associated with various kinds of ideas in the field of law. It is concluded that in terms of law enforcement, the positivist approach is of the greatest importance, since it allows the subjects of law not only to understand the main ideas embodied in the legislation, but also orients them towards the practical implementation of normatively defined law principles. Natural-legal, liberal and, to some extent, integrative approaches have theoretical and methodological value – they do not directly matter for the regulation of social relations, but form the legislator's idea of the value of certain ideas, the possibility of their consolidation in the texts of normative legal acts and hence their further practical implementation.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"84 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":"130348939","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: 1

Current transformations of law about diseases presenting a danger for outside 目前有关疾病的法律变化对外界构成了威胁

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-4-532-539

P. Y. Naumov, A. I. Zemlin, A. Utyuganov

{"title":"Current transformations of law about diseases presenting a danger for outside","authors":"P. Y. Naumov, A. I. Zemlin, A. Utyuganov","doi":"10.20310/2587-9340-2022-6-4-532-539","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-4-532-539","url":null,"abstract":"The relevance of the study is due to the need to understand the phenomenon of the pandemic of a new coronavirus infection in social practice and the development trends of legal norms in connection with its occurrence. The main subject of the study is the transformation of legislation in the field of legal regulation of issues of combating diseases that pose a danger to others. Solving problems of studying legislation on diseases that pose a danger to others, the current changes that have been made to the law in connection with the pandemic of a new coronavirus infection are being studied. We analyze and synthesize the changes promptly introduced by the legislator into the Federal Law “On the Basics of Protecting the Health of Citizens in the Russian Federation”, Decree of the Government of the Russian Federation dated December 1, 2004 No. 715 “On Approval of the List of Socially Significant Diseases and the List of Diseases that Constitute a Danger to Others”. Also, research attention is drawn to the features, norms and rules approved by the Decree of the Government of the Russian Federation of July 2, 2020 No. 973 “On the features of organizing the provision of medical care in the event of a threat of the spread of diseases that pose a danger to others”, as well as to the new sanitary and epidemiological rules SP 3.1 .3597-20 “Prevention of a new coronavirus infection (COVID-19)”, approved by Rospotrebnadzor.","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":"130965410","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

Civil procedure reform: appeal and cassation courts of general jurisdiction 民事诉讼程序改革:一般管辖权的上诉和撤销上诉法院

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2019-3-12-573-580

T. T. Aliev, Anastasia Olegovna Yatsenko, Aleksandr Dmitriyevich Zolotuhin

{"title":"Civil procedure reform: appeal and cassation courts of general jurisdiction","authors":"T. T. Aliev, Anastasia Olegovna Yatsenko, Aleksandr Dmitriyevich Zolotuhin","doi":"10.20310/2587-9340-2019-3-12-573-580","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-12-573-580","url":null,"abstract":"The study is devoted to the consideration of the civil procedural legislation reform. The review notes the significance and consequences of two federal laws: Federal Law of November 28, 2018 no. 451-FZ “On Amending Certain Legislative Acts of the Russian Federation” and Federal Law of December 9, 2010 no. 353-FZ “On Amending to the Civil Procedure Code of the Russian Federation”. The study contains two points of view on the content of the changes. The first point of view is presented by T.T. Aliev and A.O. Yatsenko. We point to one of the most important changes in the procedural legislation – a change in the representation institution in court. We propose the creation of a register of persons who have the right to be representatives in court. We also consider the creation of appeal and cassation courts of general jurisdiction. On this aspect of civil procedure reform, special attention is paid in the second point of view presented by A.D. Zolotuhin, who reveals not only the essence of changes, but also notes the historical background, as well as the theoretical characteristics of the changes. Both approaches to the review of the past reform emphasize that the procedural legislation reform meets current needs, but requires careful and consistent implementation.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"23 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":"132374450","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

Occupation of the highest position in the criminal hierarchy: features of criminal law qualifications 占据刑事等级最高地位:刑法资格的特征

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2021-5-19-500-509

I.V. Pikin, I. Tarakanov

{"title":"Occupation of the highest position in the criminal hierarchy: features of criminal law qualifications","authors":"I.V. Pikin, I. Tarakanov","doi":"10.20310/2587-9340-2021-5-19-500-509","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-19-500-509","url":null,"abstract":"We consider the features of criminal law qualification of occupying the highest position in the criminal hierarchy. We analyze the provisions of Article 210.1 of the Criminal Code of the Russian Federation, as well as the points of view of legal scholars about the specifics of establishing the highest criminal status of a person. As a result of this study, it is concluded that the establishment of the place of a specific subject in the criminal hierarchy is possible in those cases when the person confirms his criminal status or the persons involved as witnesses confirm that this person has a higher position in the criminal hierarchy. We believe that when determining the subject of a given crime, it is necessary to establish such signs as the subject’s opinion regarding this status; the opinion of the persons who were part of this criminal organization regarding the position of this person in it; his possession of “powers” of an administrative nature in relation to members of this criminal group or other persons adhering to “thieves’ concepts”; the opinion of other persons with the highest position in the criminal hierarchy regarding the criminal status of the subject. At the same time, it should be recognized that there is an urgent need for a judicial interpretation of the issues of quali-fication of a crime provided for in Article 210.1 of the Criminal Code of the Russian Federation, which necessitates the preparation of an appropriate resolution of the Plenum of the Supreme Court of the Russian Federation.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"320 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":"132587508","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

On the phenomenon of trust in the financial and legal sphere 论金融与法律领域的信任现象

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-4-540-546

A. Savina

{"title":"On the phenomenon of trust in the financial and legal sphere","authors":"A. Savina","doi":"10.20310/2587-9340-2022-6-4-540-546","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-4-540-546","url":null,"abstract":"Every day, rapidly changing social relations are influenced by a number of factors, both positive – the development of artificial intelligence, the convenience of financial activities through the use of gadgets, communication in social networks, the formation of an electronic state and the expansion of the role of the principle of openness of state activity to its citizens, and negative ones – crises (epidemiological, financial, demographic, etc.), sanctions of foreign states, dynamic decline/rise in unemployment, etc. One way or another, all these factors contribute to changes in the index of trust, both of society in the state and the state in society. At the same time, the processes that invariably take place in society give rise to the need for the state to comply with the level of their development, as well as the need to justify the trust of the citizens of their country. The financial and legal sphere is no exception, especially since it is it that is subject to radical changes due to the emergence of a new era of digital technologies and a digital market economy. The study is a multidimensional reflection on trust, its manifestation in public and private law, a comparison of the mechanisms that determine the level of trust, an analysis of regulatory legal acts and judicial practice for the manifestation of trust in certain respects.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"4 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":"128097121","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

Institute of incapacity in contemporary Russian law 当代俄罗斯法无行为能力研究所

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2019-3-10-145-158

O. Belyanskaya

{"title":"Institute of incapacity in contemporary Russian law","authors":"O. Belyanskaya","doi":"10.20310/2587-9340-2019-3-10-145-158","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-10-145-158","url":null,"abstract":"We analyze one of the most important legal properties of the individual - capacity, as well as conditions of recognition person as incapable. Institute of incapacity norms were formed in Roman law, and in contemporary legal systems they are an indicator of tolerance level towards various deviations in the social behavior of an individual. We give a brief analysis of the Roman law provisions on the factors and conditions for the capacity diminishment and the recognition of a person as incapable. In Ancient Rome, only free-born man had legal capacity and personal capacity, and the reason for capacity diminishment could be the state of health, disgrace, wastefulness. The basis of institute of incapacity legal regulation in Russian civil and criminal law is the basic provisions of Roman law, which have been transformed and reflect contemporary medical knowledge and ideas about the social status of citizens. Citizens with diminish capacity may be recognized on the basis of various circumstances; accordingly, there are different types of restrictions in the implementation of their rights. This is the basis for dividing the diminished capacity of a person into two types - full and partial. We analyze the conditions for partial diminish of capacity. We provide judgments of scientists on the need to introduce such grounds as video games addiction, gambling, and wastefulness. We assume that these circumstances should be taken into account upon making decisions on the capacity diminishment and develop the relevant judicial practice. We propose a new wording of paragraph 1 of part 1 of article 30 of the Civil Code of the Russian Federation.","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":"131838271","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

State policy in the field of the judiciary formation in Russia in the second half of the 19th – early 20th century 19世纪下半叶至20世纪初俄罗斯司法领域的国家政策形成

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2019-3-12-432-446

T. Il’ina

{"title":"State policy in the field of the judiciary formation in Russia in the second half of the 19th – early 20th century","authors":"T. Il’ina","doi":"10.20310/2587-9340-2019-3-12-432-446","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-12-432-446","url":null,"abstract":"We study the mechanism of judiciary formation in Russia in the second half of the 19th – early 20th century. We consider the system of requirements for judges of crown and magistrates courts, their practical internship, as well as the procedures for selection and appointment to posts. Special attention is paid to the system of qualification, we consider the educational qualification, experience qualification, moral, property, age qualifications. We draw conclusion that the requirements for judges introduced in 1864 are consistent with the general principles of building the justice system in Russia in the post-reform period. On the other hand, we conclude that the judicial service has just begun to be separated from the general civil service, which has resulted in the extension to judges of individual claims of civil servants. On the basis of the normative legal acts of the second half of the 19th and early 20th century, as well as archival materials, we reconstruct the procedure of granting powers to magistrates and crown judges, and model the most typical judicial career. In general, we draw conclusion that the state policy is effective in the implementation of judicial statutes in the sphere of judiciary formation in Russia of the second half of the 19th – early 20th century.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"91 2 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":"133138919","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