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Development of legal systems in Russia and foreign countries: problems of theory and practice最新文献

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Criminal measures impact against legal entities 刑事措施对法人实体的影响
Development of legal systems in Russia and foreign countries: problems of theory and practice Pub Date : 2021-06-24 DOI: 10.29039/02061-6-256-263
Altynbek Toktomatov
{"title":"Criminal measures impact against legal entities","authors":"Altynbek Toktomatov","doi":"10.29039/02061-6-256-263","DOIUrl":"https://doi.org/10.29039/02061-6-256-263","url":null,"abstract":"The article examines the institution of compulsory measures of criminal law against legal entities introduced in the Kyrgyz Republic. Some arguments of supporters and opponents of the introduction of this institution in Russia are presented. The procedure for bringing legal entities to administrative responsibility is subjected to comparative legal analysis.","PeriodicalId":203481,"journal":{"name":"Development of legal systems in Russia and foreign countries: problems of theory and practice","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132225150","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 development and use of autonomous weapons systems regulations in armed conflicts by the international humanitarian law 国际人道主义法对武装冲突中自主武器系统的发展和使用的规定
Development of legal systems in Russia and foreign countries: problems of theory and practice Pub Date : 2021-04-21 DOI: 10.29039/02061-6-234-250
Natella A. Sinyaeva
{"title":"The development and use of autonomous weapons systems regulations in armed conflicts by the international humanitarian law","authors":"Natella A. Sinyaeva","doi":"10.29039/02061-6-234-250","DOIUrl":"https://doi.org/10.29039/02061-6-234-250","url":null,"abstract":"The article examines the issues of possible control, from the standpoint of international humanitarian law, at the stage of developing autonomous weapons systems. The author notes that the development of autonomous weapons systems raises serious social and ethical concerns. He considers the existing norms and principles of international humanitarian law applying to control the development and use of such systems. The author considers autonomous weapons systems from the perspective of the distinction between civilians (civilian targets) and combatants (military objects), that means precautions in attack and proportionality.","PeriodicalId":203481,"journal":{"name":"Development of legal systems in Russia and foreign countries: problems of theory and practice","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116686008","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 military courts of the armies of Wester Europe in the XIX century 军事法庭19世纪西欧军队的军事法庭制度
Development of legal systems in Russia and foreign countries: problems of theory and practice Pub Date : 2021-04-21 DOI: 10.29039/02061-6-297-301
V. Shagaev, L. Alyaeva
{"title":"The system of military courts of the armies of Wester Europe in the XIX century","authors":"V. Shagaev, L. Alyaeva","doi":"10.29039/02061-6-297-301","DOIUrl":"https://doi.org/10.29039/02061-6-297-301","url":null,"abstract":"The article examines the sources of legal regulation of military proceedings in Western European countries, various approaches to the organization of the system of military courts and the definition of participants in military criminal proceedings, as well as some issues of making a court decision, its verification and revision.","PeriodicalId":203481,"journal":{"name":"Development of legal systems in Russia and foreign countries: problems of theory and practice","volume":"213 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131278520","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 people and the problem of legality: theoretical and legal aspect 人与合法性问题:理论与法律层面
Development of legal systems in Russia and foreign countries: problems of theory and practice Pub Date : 2021-04-21 DOI: 10.29039/02061-6-275-283
R. Fedorov, N. Nashed
{"title":"The people and the problem of legality: theoretical and legal aspect","authors":"R. Fedorov, N. Nashed","doi":"10.29039/02061-6-275-283","DOIUrl":"https://doi.org/10.29039/02061-6-275-283","url":null,"abstract":"The article considers the question of the reality of reflecting the will of the people and their interests in the state legislation, as well as in the process of implementing legal norms. In the light of John Austin’s theory of the legal power of the sovereign’s (people’s) command, the role and place of an individual citizen in the process of lawmaking in a modern constitutional state is analyzed. It is concluded that modeling the sovereignty of the people based on the Austin concept leads to the denial of the distinction between the rule of law and the rule of people.","PeriodicalId":203481,"journal":{"name":"Development of legal systems in Russia and foreign countries: problems of theory and practice","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134269539","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 sovereignty of the people as the fundamental basis of the state system: theoretical and legal aspect 人民主权是国家制度的根本基础:理论和法律层面
Development of legal systems in Russia and foreign countries: problems of theory and practice Pub Date : 2021-04-21 DOI: 10.29039/02061-6-267-274
R. Fedorov
{"title":"The sovereignty of the people as the fundamental basis of the state system: theoretical and legal aspect","authors":"R. Fedorov","doi":"10.29039/02061-6-267-274","DOIUrl":"https://doi.org/10.29039/02061-6-267-274","url":null,"abstract":"The article is devoted to the content of the theoretical and legal category “sovereignty” as one of the most important characteristics of the modern state. On the basis of general philosophical and private-legal methods, the study of similar concepts of “state sovereignty”, “people’s sovereignty” and “national sovereignty” is carried out. The author reveals the connection between sovereignty, the state system, national legal consciousness and international legal standards.","PeriodicalId":203481,"journal":{"name":"Development of legal systems in Russia and foreign countries: problems of theory and practice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129211517","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
M.M. Speransky on military settlements M.M.斯佩兰斯基对军事定居点的报道
Development of legal systems in Russia and foreign countries: problems of theory and practice Pub Date : 2021-04-21 DOI: 10.29039/02061-6-302-309
V. Shagaev, L. Alyaeva
{"title":"M.M. Speransky on military settlements","authors":"V. Shagaev, L. Alyaeva","doi":"10.29039/02061-6-302-309","DOIUrl":"https://doi.org/10.29039/02061-6-302-309","url":null,"abstract":"The authors consider the views of the outstanding Russian administrator M.M. Speransky on the program of creating a system of military settlements as a progressive way of recruiting and maintaining the army, and present and analyze his reasoning for this position.","PeriodicalId":203481,"journal":{"name":"Development of legal systems in Russia and foreign countries: problems of theory and practice","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126036733","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 mechanism for development and implementation of the state youth policy of Azerbaijan 制定和实施阿塞拜疆国家青年政策的法律机制
Development of legal systems in Russia and foreign countries: problems of theory and practice Pub Date : 2021-04-21 DOI: 10.29039/02061-6-251-258
Rahima Talibli
{"title":"Legal mechanism for development and implementation of the state youth policy of Azerbaijan","authors":"Rahima Talibli","doi":"10.29039/02061-6-251-258","DOIUrl":"https://doi.org/10.29039/02061-6-251-258","url":null,"abstract":"The article is devoted to the generalized development of the legal mechanism and analysis of various directions of the state youth policy of the Republic of Azerbaijan. Analyzed the progress of the implementation of the relevant regulatory legal acts and programs. The ever-growing role of youth in the social and political life of the country is assessed. The state youth policy established by the National Leader Heydar Aliyev and successfully continued by President Ilham Aliyev is considered. It is concluded that youth policy is at the heart of the reform of human resources. Much attention in the state youth policy is paid to the identification, support and development of talented youth.","PeriodicalId":203481,"journal":{"name":"Development of legal systems in Russia and foreign countries: problems of theory and practice","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134080865","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
Questions of the effectiveness of the victim’s participation in the criminal proceedings of the Republic of Azerbaijan 受害者参与阿塞拜疆共和国刑事诉讼的有效性问题
Development of legal systems in Russia and foreign countries: problems of theory and practice Pub Date : 2021-04-21 DOI: 10.29039/02061-6-284-296
J. Khalilov, N. Kafarova
{"title":"Questions of the effectiveness of the victim’s participation in the criminal proceedings of the Republic of Azerbaijan","authors":"J. Khalilov, N. Kafarova","doi":"10.29039/02061-6-284-296","DOIUrl":"https://doi.org/10.29039/02061-6-284-296","url":null,"abstract":"This article discusses the criminal procedure status of the victim on the basis of the current legislation. A number of proposals are put forward to improve the legislation to ensure the effectiveness of the victim’s participation in the criminal process. The article analyzes a number of specific legal shortcomings that reflect the procedural situation of the victim, and indicates ways to solve them. At the same time, proposals are put forward for more effective protection of the legitimate interests of the victim both during the preliminary investigation and during the trial. For example, in order to speed up the participation of the victim in the criminal process, it is proposed to include a rule that from the moment of initiation of a criminal case, the issue of recognizing the person as a victim must be resolved within 10 days. The article then discusses the victim’s right to compensation, the right to mandatory familiarization with the materials of the criminal case, and the shortcomings of the norms that reflect the legal status of the victim as a participant in the prosecution.","PeriodicalId":203481,"journal":{"name":"Development of legal systems in Russia and foreign countries: problems of theory and practice","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126305234","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
Constitutional pronection of personal data – a case study of data confidentiality in Egyptian banks 个人资料的宪法保护-埃及银行资料保密个案研究
Development of legal systems in Russia and foreign countries: problems of theory and practice Pub Date : 2021-04-20 DOI: 10.29039/02061-6-201-211
N. Nashed, R. Fedorov
{"title":"Constitutional pronection of personal data – a case study of data confidentiality in Egyptian banks","authors":"N. Nashed, R. Fedorov","doi":"10.29039/02061-6-201-211","DOIUrl":"https://doi.org/10.29039/02061-6-201-211","url":null,"abstract":"The research paper includes exposure to the constitutional protection of personal data, which is one of the most important peculiarities of legal personality. We will continue to clarify the uses of data in dealing with digital banks to avoid the risks of breaching them, in confirmation of the constitutional texts that protect them. \u0000Uses of personal data outside geographical boundaries require specific legislative texts to protect the rights of the customer, and this is what was recently stipulated in Egyptian legislation. Big data is important in decision-making, especially economic decisions. This is why I spoke about its definition, sources, classification and importance in promoting sustainable development goals. The research was divided into two sections as follows: «The first topic: Constitutional protection of data confidentiality in Egyptian law», «Banks compete in big data».","PeriodicalId":203481,"journal":{"name":"Development of legal systems in Russia and foreign countries: problems of theory and practice","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134442756","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
Social policy and constitutional legislation: comparative legal research experience 社会政策与宪法立法:比较法学研究经验
Development of legal systems in Russia and foreign countries: problems of theory and practice Pub Date : 2021-04-20 DOI: 10.29039/02061-6-177-191
E. Lotorev
{"title":"Social policy and constitutional legislation: comparative legal research experience","authors":"E. Lotorev","doi":"10.29039/02061-6-177-191","DOIUrl":"https://doi.org/10.29039/02061-6-177-191","url":null,"abstract":"The relevance of the problem under study is due to the issues that arise in the process of attempts to build a welfare state; the current situation in the Russian Federation at the present stage of the development of statehood and social phenomena, as well as the difficulties that arise in the regulatory regulation of these groups of public relations. In this regard, this article is aimed at a comprehensive analysis of the issues of the formation of the social state that arise when trying to resolve them by the national legislator. The leading approach to the study of this problem is a comparative legal analysis of the European and domestic experience of building a social security system and the impact of the practice of the European Court of Human Rights on it. The article summarizes the problematic issues related to the search for the optimal domestic model of social security, as well as the doctrinal approach to the topic under consideration.","PeriodicalId":203481,"journal":{"name":"Development of legal systems in Russia and foreign countries: problems of theory and practice","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132056563","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
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