Russian-Asian Legal Journal最新文献

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THE PLACE OF THE PROSECUTOR IN THE SYSTEM OF ENTITIES CARRYING OUT CRIMINAL PROSECUTION IN CRIMINAL CASES HANDLED BY THE BODIES OF INQUIRY 在调查机构处理的刑事案件中,检察官在进行刑事起诉的实体系统中的地位
Russian-Asian Legal Journal Pub Date : 2023-12-26 DOI: 10.14258/ralj(2023)4.9
D. Emelyanova, K. Sinkin
{"title":"THE PLACE OF THE PROSECUTOR IN THE SYSTEM OF ENTITIES CARRYING OUT CRIMINAL PROSECUTION IN CRIMINAL CASES HANDLED BY THE BODIES OF INQUIRY","authors":"D. Emelyanova, K. Sinkin","doi":"10.14258/ralj(2023)4.9","DOIUrl":"https://doi.org/10.14258/ralj(2023)4.9","url":null,"abstract":"The article discusses problematic issues of the powers of the prosecutor in relation to the powers of otherentities carrying out criminal prosecution in criminal cases being processed by the investigative bodies. Theauthors come to the conclusion that unlike subjects who have the right to implement the function of criminalprosecution in criminal cases handled by the bodies of inquiry (inquiry body, investigator, head of the inquirybody, head of the inquiry unit) the prosecutor does not directly implement the function of criminal prosecutionin criminal cases of this category. At the same time the prosecutor has the authority to direct the criminalprosecution in criminal cases being processed by the investigative bodies as well as the authority to exercise thefunction of prosecutorial supervision over the bodies and officials carrying out criminal prosecution in criminalcases being processed by the investigative bodies. In addition depriving the prosecutor of the right to initiatecriminal proceedings is not consistent with the implementation of criminal prosecution.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"7 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139156881","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
ПРАВОВОЕ УЧЕНИЕ РИЧАРДА ПОЗНЕРА ОБ ЭКОНОМИЧЕСКОМ АНАЛИЗЕ ПРАВА 理查德-波斯纳的法律经济分析学说
Russian-Asian Legal Journal Pub Date : 2023-12-25 DOI: 10.14258/ralj(2023)4.2
Yulia Pechatnova
{"title":"ПРАВОВОЕ УЧЕНИЕ РИЧАРДА ПОЗНЕРА ОБ ЭКОНОМИЧЕСКОМ АНАЛИЗЕ ПРАВА","authors":"Yulia Pechatnova","doi":"10.14258/ralj(2023)4.2","DOIUrl":"https://doi.org/10.14258/ralj(2023)4.2","url":null,"abstract":"This article examines the formation and development of the economic and legal direction in law, whichlater received the name economic analysis of law. The purpose of the study is to conceptualize the politicaland legal ideas of Richard Posner on the economic analysis of law. The research methodology includesgeneral scientific methods of historical, systemic analysis and structuring, as well as special legal methodsof formal legal analysis and comparative law. The author emphasizes the key political and legal ideas of thefounder of economic analysis of law, Richard Posner, notes the positive aspects of economic analysis of law,and offers a critical understanding of certain controversial manifestations of the dominance of economictheories in law. The conducted research includes three main stages: a study of the background of thedevelopment of the economic-legal direction in law, an analysis of the first scientific works of Richard Posnerdevoted to economic and legal problems in certain branches of law, as well as an analysis of the fundamentalscientific work of Richard Posner “Economic Analysis of Law”. In conclusion, the author formulates theprerequisites for the development of economic analysis of law in Russian legal doctrine.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139159005","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
MONITORING THE LEGAL DEVELOPMENT OF THE USE OF UNMANNED AIRCRAFT VEHICLES FOR CIVIL PURPOSES 监测民用无人驾驶飞行器的法律发展情况
Russian-Asian Legal Journal Pub Date : 2023-12-25 DOI: 10.14258/ralj(2023)4.6
V.V. Sorokin
{"title":"MONITORING THE LEGAL DEVELOPMENT OF THE USE OF UNMANNED AIRCRAFT VEHICLES FOR CIVIL PURPOSES","authors":"V.V. Sorokin","doi":"10.14258/ralj(2023)4.6","DOIUrl":"https://doi.org/10.14258/ralj(2023)4.6","url":null,"abstract":"The use of unmanned aerial vehicles for civilian purposes involves the study of the degree of scientificdevelopment of this issue in our country and abroad. The presented article contains material on thedevelopment of legal aspects of the use of UAVs. The legal regulation of the operation of military aircraft iscaused by modern realities that require ensuring the security and sovereignty of the state. It is necessary todetermine on which legally significant issues there is already sufficient elaboration, and on which there aregaps. Scientific monitoring in this area is necessary to correct the plans of legislative work at the federal andregional levels. The research team of the Altai State University Law Institute has started work on this topic.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"46 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139158638","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
MAIN DIRECTIONS OF ADMINISTRATIVE REFORMS IN THE REPUBLIC OF UZBEKISTAN: MAIN PROBLEMS AND WAYS TO IMPROVE ADMINISTRATIVE LEGISLATION 乌兹别克斯坦共和国行政改革的主要方向:主要问题和完善行政立法的途径
Russian-Asian Legal Journal Pub Date : 2023-12-25 DOI: 10.14258/ralj(2023)4.4
J.N. Nematov
{"title":"MAIN DIRECTIONS OF ADMINISTRATIVE REFORMS IN THE REPUBLIC OF UZBEKISTAN: MAIN PROBLEMS AND WAYS TO IMPROVE ADMINISTRATIVE LEGISLATION","authors":"J.N. Nematov","doi":"10.14258/ralj(2023)4.4","DOIUrl":"https://doi.org/10.14258/ralj(2023)4.4","url":null,"abstract":"The article provides a brief scientific analysis of administrative reforms in the Republic of Uzbekistanusing the example of legislation on administrative proceedings. In particular, current problems of determiningthe jurisdiction of cases in administrative proceedings using the example of differentiation from courts incivil cases. Some examples from judicial practice are given. Scientific opinions on solving problems relatedto the determination of administrative jurisdiction are presented.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"21 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139157515","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
FEATURES OF THE FORMATION OF THE JUDICIAL SYSTEM OF THE OIROT AUTONOMOUS REGION IN THE 1920S‑1930S 1920-1930 年代奥伊罗特自治区司法体系形成的特点
Russian-Asian Legal Journal Pub Date : 2023-12-25 DOI: 10.14258/ralj(2023)4.3
О.A. Goncharova, T.V. Ankudinova
{"title":"FEATURES OF THE FORMATION OF THE JUDICIAL SYSTEM OF THE OIROT AUTONOMOUS REGION IN THE 1920S‑1930S","authors":"О.A. Goncharova, T.V. Ankudinova","doi":"10.14258/ralj(2023)4.3","DOIUrl":"https://doi.org/10.14258/ralj(2023)4.3","url":null,"abstract":"The article is devoted to the study of the formation of the judicial system in the Oirot AutonomousRegion, which was just being formed during the period under review. The specifics also lay in the remotenessand national peculiarities of the region.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"24 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139157446","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
FEATURES OF DISMISSAL OF REMOTE WORKER UNDER CH. 1 ART. 312.8 OF THE LABOR CODE OF THE RUSSIAN FEDERATION 第 1 章 解雇远程工作人员的特点第 1 条俄罗斯联邦劳动法典》第 312.8 条
Russian-Asian Legal Journal Pub Date : 2023-12-25 DOI: 10.14258/ralj(2023)4.5
Ю.Е. Василенко
{"title":"FEATURES OF DISMISSAL OF REMOTE WORKER UNDER CH. 1 ART. 312.8 OF THE LABOR CODE OF THE RUSSIAN FEDERATION","authors":"Ю.Е. Василенко","doi":"10.14258/ralj(2023)4.5","DOIUrl":"https://doi.org/10.14258/ralj(2023)4.5","url":null,"abstract":"The development of scientific and technological progress leads to an increase in the percentage ofremote labor relations. In turn, the legal norms governing this type of atypical forms of employment arestill under formation. In particular, there are special grounds for terminating an employment contract atthe initiative of an employer with a remote employee. The issue of termination of the employment contractdue to circumstances related to the guilty acts of the employee has always received a sufficient amountof attention from both the legislator and scientists due to the fact that the employee of such a situation isin a very vulnerable position. At the same time, there are more grounds for terminating an employmentcontract with a remote employee than with an employee working in the office at the employer's location.  Consequently, this issue requires more detailed legal regulation in order to prevent the inequality of therights of remote and traditional employees. In the article, the author analyzes some problems arising fromthe dismissal of a remote worker under Part 1 of Art. 312.8 of the Labor Code of the Russian Federation, lawenforcement practice, and also suggests ways to improve labor legislation in this area.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139157823","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 CONCEPT OF THE STATE OF TRUTH IN THE WORKS OF M.V. SHAKHMATOVA 莎赫玛托娃作品中的真理状态概念
Russian-Asian Legal Journal Pub Date : 2023-12-25 DOI: 10.14258/ralj(2023)4..1
Е.О. Индюкова
{"title":"THE CONCEPT OF THE STATE OF TRUTH IN THE WORKS OF M.V. SHAKHMATOVA","authors":"Е.О. Индюкова","doi":"10.14258/ralj(2023)4..1","DOIUrl":"https://doi.org/10.14258/ralj(2023)4..1","url":null,"abstract":"Classical еurasianism of the twenties of the last century is the result of the mental abilities of multitalented creative individuals. This movement became one of the original directions of post-revolutionaryemigrant thought. Its representatives tried to explain the reasons for the Russianrevolution, innovativelyassessing the historical path of development of the country and its cultural characteristics. The movementaroused deep interest among the Russian intelligentsia and rapidly gained momentum in popularity.Eurasianism remains an under-researched concept, requiring comprehensive study by specialists in the fieldof state and law. Its leaders began to attract new authors to publish in Eurasian publications, among whomwas a graduate of the Faculty of Law of St. Petersburg University Mstislav Vyacheslavovich Shakhmatov. Hisworks are considered quite rarely; a parallel is drawn with the ideas of V.N. Ilyin and N.N. Alekseeva. He published only two articles in eurasian publications, but his role and significance in modern historiographyare assessed radically differently: from being considered one of the founders of eurasianism to denying thescientist's place in the history of this movement.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"48 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139158598","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 EDUCATION: CHALLENGES OF THE NEW TIME AND WAYS OF RESPONSE 法律教育:新时代的挑战与应对之策
Russian-Asian Legal Journal Pub Date : 2023-10-02 DOI: 10.14258/ralj(2023)3.2
A.V. Dashko
{"title":"LEGAL EDUCATION: CHALLENGES OF THE NEW TIME AND WAYS OF RESPONSE","authors":"A.V. Dashko","doi":"10.14258/ralj(2023)3.2","DOIUrl":"https://doi.org/10.14258/ralj(2023)3.2","url":null,"abstract":"Legal education often faces practical problems and fails to properly protect the rights of students,teachers and the state. The purpose of the article is to find the most effective ways to develop legal educationin Russia, an attempt is made to generalize the practice of universities on the discipline of students and theformation of their personality. The methodological basis of the article was a combination of dialectical andsystemic research methods, as well as a teleological approach, according to which the student's personalityrequires formation. The author's position is argued regarding the appropriate location of the studentin the hierarchical system of educational relations, provided that the forms of behavior that ensure therecognition of knowledge by the elders and the transmission of the moral law are preserved. The articlemakes suggestions for further study of this problem and improvement of certain provisions of the legislation,allowing to eliminate the gaps in legal regulation. The author comes to the conclusion that the state shouldworry about state educational institutions, professional educational standards, logistics, and on the otherhand, students should meet and support the state initiative on their part.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"58 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139324627","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
КОНЦЕПТУАЛЬНЫЕ ПОДХОДЫ К РАЗВИТИЮ ЮРИДИЧЕСКОГО ОБРАЗОВАНИЯ В РЕСПУБЛИКЕ БЕЛАРУСЬ 白俄罗斯共和国法律教育发展的概念方法
Russian-Asian Legal Journal Pub Date : 2023-10-02 DOI: 10.14258/ralj(2023)3.9
A.M. Vartanian
{"title":"КОНЦЕПТУАЛЬНЫЕ ПОДХОДЫ К РАЗВИТИЮ ЮРИДИЧЕСКОГО ОБРАЗОВАНИЯ В РЕСПУБЛИКЕ БЕЛАРУСЬ","authors":"A.M. Vartanian","doi":"10.14258/ralj(2023)3.9","DOIUrl":"https://doi.org/10.14258/ralj(2023)3.9","url":null,"abstract":"xThe present stage of development of legal education in the Republic of Belarus is described. Thelegislation of the Republic of Belarus regulating the relations in the sphere of training of legal profilespecialists is analyzed. Special attention is paid to the conceptual directions of development of legaleducation. Attention is paid to the influence of certain factors on the opportunity of realization of thedirections, stated by the Concept of development of juridical education. The essence and basic directionsof realization of the Conception of development of juridical education in the Republic of Belarus till 2025are disclosed. The experience of the Russian Federation and the Republic of Kazakhstan in elaboration ofconceptual directions of higher education development is given in the article. The conclusion about necessityof orientation of modern juridical education not only on the approaches shaped in world practice in training, but also on the most positive and effective approaches of various systems of preparation of experts of a legalprofile that will allow providing more flexible possibility of adaptation to changing conditions.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139324236","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
UNITED NATIONS AND INTERNATIONAL LABOR ORGANIZATION STANDARD-SETTING IN THE FIELD OF GENDER EQUITY 联合国和国际劳工组织在性别平等领域的标准制定工作
Russian-Asian Legal Journal Pub Date : 2023-10-02 DOI: 10.14258/ralj(2023)3.10
A. Golovinov, Yu.V. Golovinov
{"title":"UNITED NATIONS AND INTERNATIONAL LABOR ORGANIZATION STANDARD-SETTING IN THE FIELD OF GENDER EQUITY","authors":"A. Golovinov, Yu.V. Golovinov","doi":"10.14258/ralj(2023)3.10","DOIUrl":"https://doi.org/10.14258/ralj(2023)3.10","url":null,"abstract":"xThe purpose of the article is to show the content of the legal policy of the leading internationalorganizations — the United Nations and the International Labor Organization in the development of theinstitution of gender equality. The article focuses on the period Tue. half of the twentieth century.The authors found that the legal policy of the International Labor Organization turned out to beconsistent. So in Convention 111, the content of the category of discrimination in the field of labor andemployment was disclosed. In the semantic and conceptual sense, work here was organically linked withoccupations, implying also the principle of equal access to areas and levels of vocational training and freechoice of profession by both men and women.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139324668","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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