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Russian-Asian Legal Journal最新文献

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NORMATIVE-TRANSFORMING PROPERTIES OF DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION AS A SOURCE OF LAW 作为法律渊源的俄罗斯联邦宪法法院判决的规范转化性质
Russian-Asian Legal Journal Pub Date : 2022-10-18 DOI: 10.14258/ralj(2022)3.1
E. S. Anichkin
{"title":"NORMATIVE-TRANSFORMING PROPERTIES OF DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION AS A SOURCE OF LAW","authors":"E. S. Anichkin","doi":"10.14258/ralj(2022)3.1","DOIUrl":"https://doi.org/10.14258/ralj(2022)3.1","url":null,"abstract":"Various doctrinal approaches to assessing the decisions of the Constitutional Court of the RussianFederation as a source of law and determining its place in the system of sources of law are considered.Particular attention is paid to identifying the properties of the decisions of the Constitutional Court of theRussian Federation as a special source of law. On the example of certain legal positions of the ConstitutionalCourt of the Russian Federation on the issues of legislative procedures and the operation of normative legalacts, its normative and transformative role in the sphere of sources of modern domestic law is shown.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126779115","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
RULE OF LAW AND PARLIAMENTARISM: CORRELATION THROUGH THE PRISM OF CONSTITUTIONAL LEGAL THEORY 法治与议会制:宪政理论棱镜下的相互关系
Russian-Asian Legal Journal Pub Date : 2022-10-18 DOI: 10.14258/ralj(2022)3.11
L. Konovalova
{"title":"RULE OF LAW AND PARLIAMENTARISM: CORRELATION THROUGH THE PRISM OF CONSTITUTIONAL LEGAL THEORY","authors":"L. Konovalova","doi":"10.14258/ralj(2022)3.11","DOIUrl":"https://doi.org/10.14258/ralj(2022)3.11","url":null,"abstract":"The article deals with modern problems of perception and implementation of the basic principle of therule of law through correlation with the constitutional and legal concept of parliamentarism, proposed as alever to improve the efficiency of lawmaking procedures and the formation of an internally stable and fairstate mechanism. Attention is drawn to the practical difficulties of comparing the terms under consideration,associated with different national perceptions of the concept of the rule of law; with the debatable definitionof the justice of the law; with the presence of an often subtle difference between the legal force of a law anda by-law; with the intrusion of the judiciary and executive power into the prerogatives of the legislator; withthe processes of globalization, putting supranational bodies above parliaments; with chaos, inconsistency,irrationality and a significant amount of legal norms, as well as a variety of areas of legal regulation in themodern state. At the same time, the article notes positive trends in the convergence of legal structures ofthe rule of law and parliamentarism, associated with the emergence of legal levers to ensure the reality ofthe rule of law (law), including constitutional justice, supranational bodies; awareness of the inextricablerelationship between the rule of law and the implementation of human rights, the separation of powers,the accessibility and fairness of the court, the responsibility of the authorities; posing the question of theeffectiveness of legislation.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116588309","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
INTERNATIONAL LEGAL FRAMEWORK FOR ENSURING GENDER EQUALITY AND ANTI–DISCRIMINATION REGULATIONS: GENERAL ISSUES 确保性别平等和反歧视条例的国际法律框架:一般问题
Russian-Asian Legal Journal Pub Date : 2022-10-18 DOI: 10.14258/ralj(2022)3.9
A. Golovinov, Yu.V. Golovinova
{"title":"INTERNATIONAL LEGAL FRAMEWORK FOR ENSURING GENDER EQUALITY AND ANTI–DISCRIMINATION REGULATIONS: GENERAL ISSUES","authors":"A. Golovinov, Yu.V. Golovinova","doi":"10.14258/ralj(2022)3.9","DOIUrl":"https://doi.org/10.14258/ralj(2022)3.9","url":null,"abstract":"The purpose of the article is to show and analyze the vector of the latest approach to the internationallegal regulation of the institution of women’s rights. The authors note constructive attempts to strengthenthe legal status of women in modern society at the level of UN conventions and declarations. The authors come to the conclusion that in modern international human rights law, as well as in thelaw-making and human rights activities of the UN, there is a tendency towards a more detailed regulationof certain social, economic, cultural, political and other rights of women on a democratic basis, whichcontributes to combating discrimination in regarding women.The article shows that the negative external factors caused by pandemics and cataclysms weaken thespeed of decision-making in the development of the legal policy of gender equality. Today we have to observea situation that is characterized by an abundance of international standards in the field of gender equality,but at the same time the achievement of gender equality remains a very slow process.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114318342","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
RESPONSIBILITY FOR ILLEGAL BEHAVIOR OF SPORTS FANS: NATIONAL, FOREIGN AND INTERNATIONAL LEGAL REGULATION 体育迷违法行为的责任:国家、国外和国际法律规定
Russian-Asian Legal Journal Pub Date : 2022-10-18 DOI: 10.14258/ralj(2022)3.10
E. Kovalenko, I. Kiryushina, N.V. Tydykovа
{"title":"RESPONSIBILITY FOR ILLEGAL BEHAVIOR OF SPORTS FANS: NATIONAL, FOREIGN AND INTERNATIONAL LEGAL REGULATION","authors":"E. Kovalenko, I. Kiryushina, N.V. Tydykovа","doi":"10.14258/ralj(2022)3.10","DOIUrl":"https://doi.org/10.14258/ralj(2022)3.10","url":null,"abstract":"The article analyzes the issues of responsibility of sports fans for illegal behavior during mass sportsevents. The forms of manifestation of illegal behavior of fans, the current Russian and foreign legislation in this area are investigated. The legislation of the European Union is being considered, including theEuropean Convention on the Prevention of Violence and Hooligan Behavior of Spectators during SportingEvents and, in particular, football matches, the legislation of other states establishing responsibility forthe illegal behavior of fans. The article presents an analysis of certain norms of Russian law that establishresponsibility for violating the Rules of behavior of spectators during official sports competitions, includingsuch an administrative measure as a ban on attending sports events. It is concluded that it is necessary tostrengthen responsibility for offenses committed by sports fans, the adoption in the Russian Federation ofa number of special norms establishing criminal liability for such crimes, and the adoption of a special lawregulating the sphere of professional sports","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126427396","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 PROBLEM OF THE ABSENCE OF A REGULATORY AND LEGAL BASE FOR THE SYSTEM OF PREVENTION OF THE SPREAD OF TERRORISM IDEOLOGY IN EDUCATIONAL ORGANIZATIONS 论防范恐怖主义意识形态在教育机构传播的制度缺乏规范和法律基础的问题
Russian-Asian Legal Journal Pub Date : 2022-10-18 DOI: 10.14258/ralj(2022)3.7
M. Starodubtseva
{"title":"ON THE PROBLEM OF THE ABSENCE OF A REGULATORY AND LEGAL BASE FOR THE SYSTEM OF PREVENTION OF THE SPREAD OF TERRORISM IDEOLOGY IN EDUCATIONAL ORGANIZATIONS","authors":"M. Starodubtseva","doi":"10.14258/ralj(2022)3.7","DOIUrl":"https://doi.org/10.14258/ralj(2022)3.7","url":null,"abstract":"The problem of organization of countering terrorist activity and other destructive phenomena ineducational institutions today seems more relevant than ever. Throughout the country, there has been anincrease in the statistics of acts of the use of firearms or cold steel in educational institutions (acts of schoolshooting), as a result of which the level of anxiety among students and teachers of educational organizationsthat do not have the opportunity or do not know the rules of conduct in such emergency situations is growing.It can be noted that in the future, such actions can lead to the undermining of the spiritual and moral bondsof society, the weakening of Russia in the domestic political and international arena. Today, within theframework of the hybrid-information war, a massive attack is being carried out on one of the most importantsocial institutions — education.It should be noted that the system for preventing the spread of the ideology of terrorism in educationalinstitutions is not enshrined at the legislative level. This situation is problematic and needs to be resolved.It is the network of universities that can become the flagship of the formation of an anti-terrorist ideologyand skills to counter terrorism and near-terrorist destructive phenomena.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121584024","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 QUESTION OF THE NEED TO REGULATE A SETTLEMENT AGREEMENT IN ARBITRATION AND CIVIL PROCEEDINGS 关于在仲裁和民事诉讼中规范和解协议的必要性问题
Russian-Asian Legal Journal Pub Date : 2022-10-18 DOI: 10.14258/ralj(2022)3.6
K. Sasykin
{"title":"ON THE QUESTION OF THE NEED TO REGULATE A SETTLEMENT AGREEMENT IN ARBITRATION AND CIVIL PROCEEDINGS","authors":"K. Sasykin","doi":"10.14258/ralj(2022)3.6","DOIUrl":"https://doi.org/10.14258/ralj(2022)3.6","url":null,"abstract":"The article is devoted to controversial issues of legal regulation of the settlement agreement, incl.enforcement issues.The author raised the question of the fictitiousness of the norms existing in the APC of the RussianFederation and the Code of Civil Procedure of the Russian Federation on the approval of a settlementagreement, the need to clarify or even exclude some of their provisions.A number of issues that arise in the practice of applying the rules on the enforcement of settlementagreements are brought to attention.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131534488","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
INSTITUTIONS OF MONGOLIAN LAW DURING THE GOLDEN HORDE 金帐汗国时期的蒙古法律制度
Russian-Asian Legal Journal Pub Date : 2022-10-18 DOI: 10.14258/ralj(2022)3.8
Z. Ibragimov
{"title":"INSTITUTIONS OF MONGOLIAN LAW DURING THE GOLDEN HORDE","authors":"Z. Ibragimov","doi":"10.14258/ralj(2022)3.8","DOIUrl":"https://doi.org/10.14258/ralj(2022)3.8","url":null,"abstract":"The article deals with the peculiarities of the Mongolian law institutions of the Golden Horde period.The author considers the evolution of the above-mentioned law in a broad historical, legal and socio-politicalcontext. The author describes the system of Mongolian law of this period, its basic principles, examines theissues of legal regulation of various spheres of life of the Golden Horde society.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117026112","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
COMPUTER GAMES AS A SUBJECT OF INTERDISCIPLINARY RESEARCH 电脑游戏作为一个跨学科的研究课题
Russian-Asian Legal Journal Pub Date : 2022-10-18 DOI: 10.14258/ralj(2022)3.3
A. Vasiliev, Y. Pechatnova
{"title":"COMPUTER GAMES AS A SUBJECT OF INTERDISCIPLINARY RESEARCH","authors":"A. Vasiliev, Y. Pechatnova","doi":"10.14258/ralj(2022)3.3","DOIUrl":"https://doi.org/10.14258/ralj(2022)3.3","url":null,"abstract":"The article is devoted to the specifics of the study of computer games. The authors propose to analyzethe phenomenon of computer games in three dimensions: philosophical and cultural, socio-economic andpsychological and pedagogical. The research methodology consists of general scientific methods of systemanalysis and an interdisciplinary approach to the subject of study. As a result, the authors conclude that thereis a need for an integrated approach to the study of computer games and the impossibility of studying one ofthe aspects of computer games in isolation from the other. The experience of interdisciplinary research makesit possible to prevent a one-sided view of computer games and to consider the game as a key accompliceof progress that has led to the development of digital culture, new forms of cognition, means and scales ofcommunication, ways of monetization, new methods of psychological relief.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133088987","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
PROTECTION OF THE RIGHTS AND INTERESTS OF THE PARTIES CONTRACTUAL OBLIGATION IN THE FIELD OF PHYSICAL CULTURE AND SPORTS 保护体育领域合同当事人的权益和义务
Russian-Asian Legal Journal Pub Date : 2022-10-18 DOI: 10.14258/ralj(2022)3.5
E. Kovalenko, O. A. Shavandina, N.V. Tydykovа
{"title":"PROTECTION OF THE RIGHTS AND INTERESTS OF THE PARTIES CONTRACTUAL OBLIGATION IN THE FIELD OF PHYSICAL CULTURE AND SPORTS","authors":"E. Kovalenko, O. A. Shavandina, N.V. Tydykovа","doi":"10.14258/ralj(2022)3.5","DOIUrl":"https://doi.org/10.14258/ralj(2022)3.5","url":null,"abstract":"The commercial nature of many areas of physical culture and sports necessitates the conclusion of civillaw contracts. In sports relations, where almost everything depends on the individual characteristics ofthe athlete, on the physiological and psychological qualities of his body, as well as on the uniqueness and specificity of a particular sport, the contract is a necessary and effective means of individual regulation,allowing to take into account the unique interests of any participant. sports relationship. As a result of theanalysis of civil legislation and theoretical aspects of the institution of protection of rights, the authorsconcluded that the protection of the rights and interests of the parties to a contractual obligation in anyarea of civil circulation, including in the field of physical culture and sports, is carried out by a wholesystem of measures aimed at ensuring the interests parties at all stages of the emergence and fulfillmentof obligations. This system is not limited only to measures of civil liability, but also consists of a set ofadditional ways to induce the debtor to properly perform duties and serve as a guarantee of ensuring theinterests of the creditor","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128256608","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 PROBLEMS OF USING ANOTHER WORKS OF ART FOR REGISTRATION OF ACCOUNT IN SOCIAL NETWORKS 在社交网络中使用他人艺术品注册账号的法律问题
Russian-Asian Legal Journal Pub Date : 2022-06-30 DOI: 10.14258/ralj(2022)2.6
D. Pyatkov, M.D. Pyatkova, A. Serebryakov
{"title":"LEGAL PROBLEMS OF USING ANOTHER WORKS OF ART FOR REGISTRATION OF ACCOUNT IN SOCIAL NETWORKS","authors":"D. Pyatkov, M.D. Pyatkova, A. Serebryakov","doi":"10.14258/ralj(2022)2.6","DOIUrl":"https://doi.org/10.14258/ralj(2022)2.6","url":null,"abstract":"The article deals with topical issues related to the use of copyright objects on the Internet. One of thewidely used ways of using works is to place a work or a fragment of it in a user’s profile, for example, a socialnetwork, as an avatar. The lack of appropriate terminology in the domestic legislation, different approaches in the scientific literature to the definition of key concepts, avaricious law enforcement practice make itdifficult to legally qualify the emerging legal relations in the area under study. The authors, as a result ofthe analysis of the normative-legal array, literature and judicial acts, propose to consider the inclusion in theavatar of someone else’s copyrighted work as one of the ways of free use of works, subject to the conditionsprovided for in Art. 1274 of the Civil Code of the Russian Federation.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133506008","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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