Russian-Asian Legal Journal最新文献

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ANALYSIS OF THE ROLE OF ADDITIONAL PROFESSIONAL EDUCATION PROGRAMS IN PREVENTING THE SPREAD OF EXTREMISM AND TERRORISM IN THE EDUCATIONAL SPHERE AND YOUTH ENVIRONMENT 分析额外的专业教育计划在防止极端主义和恐怖主义在教育领域和青年环境中的传播方面的作用
Russian-Asian Legal Journal Pub Date : 2022-02-25 DOI: 10.14258/ralj(2022)1.7
M. Starodubtseva
{"title":"ANALYSIS OF THE ROLE OF ADDITIONAL PROFESSIONAL EDUCATION PROGRAMS IN PREVENTING THE SPREAD OF EXTREMISM AND TERRORISM IN THE EDUCATIONAL SPHERE AND YOUTH ENVIRONMENT","authors":"M. Starodubtseva","doi":"10.14258/ralj(2022)1.7","DOIUrl":"https://doi.org/10.14258/ralj(2022)1.7","url":null,"abstract":"The problem of organizing counteraction to 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 is growing among students and teachers of educationalorganizations who do not have the opportunity or do not know the rules of behavior in such emergencysituations. It can be noted that in the future, such actions can lead to the undermining of the spiritual andmoral bonds of society, the weakening of Russia in the domestic political and international arena. Today, within the framework of the hybrid-information war, a massive attack is being carried out on one of the mostimportant social institutions — education.It should be noted that the scientific and methodological support of activities to counter the ideology ofterrorism does not fully meet the real needs of practice and needs to be further improved. And in the contextof transferring, in particular, the education system, to remote rails, this problem becomes more relevantthan ever.It is the network of universities that can become the flagship for the formation of an anti-terroristideology and skills to counter terrorism and near-terrorist destructive phenomena.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132045623","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 POSITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE SPHERE OF LEGAL RESPONSIBILITY OF LOCAL SELF-GOVERNMENT BODIES AND THEIR OFFICIALS 俄罗斯联邦宪法法院在地方自治机构及其官员的法律责任方面的法律立场
Russian-Asian Legal Journal Pub Date : 2022-02-25 DOI: 10.14258/ralj(2022)1.3
O. Kazantseva
{"title":"LEGAL POSITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE SPHERE OF LEGAL RESPONSIBILITY OF LOCAL SELF-GOVERNMENT BODIES AND THEIR OFFICIALS","authors":"O. Kazantseva","doi":"10.14258/ralj(2022)1.3","DOIUrl":"https://doi.org/10.14258/ralj(2022)1.3","url":null,"abstract":"The scientific article analyzes the legal positions of the Constitutional Court of the Russian Federationin the field of legal responsibility of local governments and their officials, notes the important role of theConstitutional Court of the Russian Federation as the highest body of constitutional justice and its influenceon the legal framework in the field of local government, including legal liability of bodies and officials oflocal self-government. Particular attention is drawn to the legal positions in which the Constitutional Courtof the Russian Federation analyzes the concepts of “local self-government bodies’ and “local self-government officials”, determines the forms of responsibility of the head of the municipality, deputy, member of theelected body of local self-government, elected official of local self-government, and as well as municipalemployees.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131610056","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
CONFLICT RULES OF PRIVATE INTERNATIONAL LAW IN RUSSIA AND BULGARIA: A COMPARATIVE ANALYSIS 俄罗斯与保加利亚国际私法冲突规则的比较分析
Russian-Asian Legal Journal Pub Date : 2022-02-25 DOI: 10.14258/ralj(2022)1.8
E. S. Anichkin, Y. Stoilov
{"title":"CONFLICT RULES OF PRIVATE INTERNATIONAL LAW IN RUSSIA AND BULGARIA: A COMPARATIVE ANALYSIS","authors":"E. S. Anichkin, Y. Stoilov","doi":"10.14258/ralj(2022)1.8","DOIUrl":"https://doi.org/10.14258/ralj(2022)1.8","url":null,"abstract":"The main differences in the internal conflict rules of private international law in Russia and Bulgaria areidentified and considered. According to the authors, legal diversity lies in the sources of conflict regulation,the mutually exclusive content of individual conflict rules of the two countries, the level of completenessand quality of conflict regulation, as well as the conflict of qualifications of some legal concepts. Eachmanifestation of diversity is illustrated by references to the relevant conflict rules.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"231 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115907059","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
NTERNET OF THINGS TECHNOLOGIES FOR ACHIEVING SUSTAINABLE DEVELOPMENT GOALS 利用物联网技术实现可持续发展目标
Russian-Asian Legal Journal Pub Date : 2022-02-25 DOI: 10.14258/ralj(2022)1.2
A. Gorokhov, I.M. Shcherbakov, E. A. Dibrov
{"title":"NTERNET OF THINGS TECHNOLOGIES FOR ACHIEVING SUSTAINABLE DEVELOPMENT GOALS","authors":"A. Gorokhov, I.M. Shcherbakov, E. A. Dibrov","doi":"10.14258/ralj(2022)1.2","DOIUrl":"https://doi.org/10.14258/ralj(2022)1.2","url":null,"abstract":"In the modern world, one of the important directions of digital transformation is the developmentof Internet of Things (IoT) technologies. Today, despite the fact that the technology is innovative on theterritory of the Russian Federation, it is used in global practice to intensify processes: from environmentalprotection activities to industrial and labor processes. In the context of achieving and putting into practicethe Sustainable Development Goals adopted by the UN, Internet of Things technologies contribute to theirimplementation in such areas as ecology and environmental protection, social integration and the eliminationof inequality. In Russia, the use of Internet of Things technologies is twofold: on the one hand, there arelegal conflicts of implementation of new regulatory norms in the current legislation of our country. On theother hand, in the field of practice, the problem of advancing technology and its application of legislativeinstruments that should regulate this field of activity is manifested. Nevertheless, the application of suchtechnical improvements entails the emergence of moral problems related to the guarantee of fundamentalhuman and civil rights and freedoms, also adopted at the UN level and making important adjustments to thebasic socio-humanitarian spheres of life.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116128914","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
JUDICIAL PRACTICE IN THE SYSTEM OF LAW INSTITUTIONALIZATION 司法实践中法律制度的制度化
Russian-Asian Legal Journal Pub Date : 2022-02-25 DOI: 10.14258/ralj(2022)1.4
R. Nasyrov
{"title":"JUDICIAL PRACTICE IN THE SYSTEM OF LAW INSTITUTIONALIZATION","authors":"R. Nasyrov","doi":"10.14258/ralj(2022)1.4","DOIUrl":"https://doi.org/10.14258/ralj(2022)1.4","url":null,"abstract":"The article considers the issue of judicial practice in the context of ways of institutionalization of law.The methodological basis of the study is an institutional approach to defining the essence of positive law. Law,as a special social institution, must be considered as a unity of value-normative principles (ideas, principles,legal norms) and sustainable forms of social communication in the field of legal regulation, includingorganizations and institutions. It is substantiated that the sign of the formal certainty of law is manifestednot only in the presence of official ways of fixing and expressing legal norms, but also in the activitiesof state bodies (including judicial ones) that implement the application of legal norms and their officialinterpretation. Proceeding from this, two forms of institutionalization of positive law are distinguished —normative and organizational, and the spheres, relatively speaking, of “regulatory law” and “judiciallaw”. This division is based on the cognitively and practically valuable interpretation of S.S. Alekseev thedifference between normative and individual legal regulation. It is concluded that in the mechanism of legalregulation, each source of law implements the corresponding function, which implies the recognition ofpluralism (diversity) of sources of law.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128460258","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 IMPORTANCE OF THE HIERARCHY OF LEGAL ACTS FOR CONFLICT LAW ENFORCEMENT 法律行为层级对冲突执法的重要性
Russian-Asian Legal Journal Pub Date : 2022-02-25 DOI: 10.14258/ralj(2022)1.1
I. Vasev
{"title":"THE IMPORTANCE OF THE HIERARCHY OF LEGAL ACTS FOR CONFLICT LAW ENFORCEMENT","authors":"I. Vasev","doi":"10.14258/ralj(2022)1.1","DOIUrl":"https://doi.org/10.14258/ralj(2022)1.1","url":null,"abstract":"Modern practical jurisprudence is faced with many difficulties caused by the inconsistency of the currentlegislation. The resolution of conflicts of norms of different legal force, collisions of general and specialnorms, temporal (temporary) collisions is an integral part of the law enforcer’s activity. This problem isespecially relevant in terms of the collision of legal norms of different legal force. A hierarchically arrangedlegal system presupposes internal coordination of legal acts. The classical principle of resolving conflictsbetween normative legal acts of different legal force is the rule on the priority of a norm of greater legal force.However, the external simplicity of this rule is complicated in relation to Russia by the lack of a legal systemof legal acts, as well as the principle of federalism. This hierarchy is formulated by the efforts of theoreticalscience. The article also discusses the problematic aspects of using the hierarchy of legal acts in the eventof their collision.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133986588","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
PRACTICING THE DOCTRINE OF UNFAIR CONTRACTUAL CLAUSES 实践不公平合同条款原则
Russian-Asian Legal Journal Pub Date : 2022-02-25 DOI: 10.14258/ralj(2022)1.5
N. Pronina, A. Buyanov
{"title":"PRACTICING THE DOCTRINE OF UNFAIR CONTRACTUAL CLAUSES","authors":"N. Pronina, A. Buyanov","doi":"10.14258/ralj(2022)1.5","DOIUrl":"https://doi.org/10.14258/ralj(2022)1.5","url":null,"abstract":"The article is devoted to the problem of the practical significance of correct contractual work. Since thecivil turnover functions at the expense of contracts, to the extent that correct contractual work will avoidnumerous risks for organizations, as well as various costs and losses, as the consequences of poor-qualitycontractual work. The analysis of judicial practice made it possible to identify the circumstances includedin the subject of evidence in disputes about unequal contractual conditions. Using the modeling method,the work provides examples of hypothetical contractual conditions that are most effective for the situationsunder study. As a conclusion, some ways of negotiating and formulating contractual terms were identified.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133733075","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
HIERARCHY OF NORMATIVE LEGAL ACTS IN RUSSIA AND BULGARIA: ON THE ISSUE OF THE LAW ON NORMATIVE LEGAL ACTS 俄罗斯和保加利亚规范性法律行为的层级:关于规范性法律行为的法律问题
Russian-Asian Legal Journal Pub Date : 2022-02-25 DOI: 10.14258/ralj(2022)1.9
A. Vasilev, S. Groysman
{"title":"HIERARCHY OF NORMATIVE LEGAL ACTS IN RUSSIA AND BULGARIA: ON THE ISSUE OF THE LAW ON NORMATIVE LEGAL ACTS","authors":"A. Vasilev, S. Groysman","doi":"10.14258/ralj(2022)1.9","DOIUrl":"https://doi.org/10.14258/ralj(2022)1.9","url":null,"abstract":"The article analyzes the problem of developing and adopting a law on normative legal acts in the RussianFederation as a way to establish a uniform approach to the system and hierarchy of normative legal acts.Various draft laws on laws are being considered (1996, 2014, 2021). As a successful experience of normativeregulation of the system and hierarchy of normative legal acts, the law of Bulgaria of 1973 «On normativelegal acts’ is cited — the earliest known law on laws. The paper notes similar aspects in establishing thehierarchy of normative legal acts in Russia and Bulgaria: the dominance of the constitutional act, theproblem of the correlation of national and international law, the significant influence of judicial practice onthe development of the legal system, the secondary nature of the doctrine, principles of law, legal custom.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121450498","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 DOCTRINE OF “REMOVING THE CORPORATE VEIL”: A COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION AND JUDICIAL PRACTICE OF RUSSIA AND SOME ASIAN COUNTRIES “揭去公司面纱”原则:俄罗斯与部分亚洲国家立法与司法实践的比较法律分析
Russian-Asian Legal Journal Pub Date : 2021-12-28 DOI: 10.14258/ralj(2021)4.10
T. A. Filippova, M.V. Litskas
{"title":"THE DOCTRINE OF “REMOVING THE CORPORATE VEIL”: A COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION AND JUDICIAL PRACTICE OF RUSSIA AND SOME ASIAN COUNTRIES","authors":"T. A. Filippova, M.V. Litskas","doi":"10.14258/ralj(2021)4.10","DOIUrl":"https://doi.org/10.14258/ralj(2021)4.10","url":null,"abstract":"In this article, the authors aimed to give a comparative legal analysis of the doctrine of “removing thecorporate veil” in the context of legislation and judicial practice of the Russian Federation and some Asiancountries (People’s Republic of China, Indian Republic). In the process of studying this problem, it wasconcluded that there are similar norms in foreign legislation with Russian ones on the prohibition of usingthe legal status of a company for the purpose of abuse of law, on the prohibition of affiliation, as well as adiscussion rule on the full joint and several liability of the sole founder of a limited liability company. Inaddition, the conclusion is made about the increasing use of this doctrine in the country of an atypical legalfamily for it — the People’s Republic of China. Based on the materials of the judicial practice of the Republicof India, an attempt has been made to classify this doctrine according to the criterion of the purpose of abuse:in the case of a limited approach, the responsibility of the controlling persons is assigned in the case of theinitially fictitious purpose of creating a legal entity, and in the case of an unlimited approach — for any unfairaction using the limited liability structure of the founder (participant) of the company for its debts.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131638250","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
SCO CONVENTION ON INTERNATIONAL SCIENTIFIC AND TECHNICAL COOPERATION: DISCUSSION OF A PROPOSAL 上海合作组织国际科技合作公约:讨论提案
Russian-Asian Legal Journal Pub Date : 2021-12-28 DOI: 10.14258/ralj(2021)4.11
E. Anichkin, A. A. Serebriakov
{"title":"SCO CONVENTION ON INTERNATIONAL SCIENTIFIC AND TECHNICAL COOPERATION: DISCUSSION OF A PROPOSAL","authors":"E. Anichkin, A. A. Serebriakov","doi":"10.14258/ralj(2021)4.11","DOIUrl":"https://doi.org/10.14258/ralj(2021)4.11","url":null,"abstract":"Modern processes of geopolitical, socio-economic development of states and the global economy requirethe intensification of scientific and technical cooperation within the framework of regional associations,which include developing countries. This is necessary for the transition from a resource-based economy to aknowledge economy and a significant improvement in the welfare of the population.Unfortunately, despitethe presence of appropriate prerequisites, scientific and technical cooperation between the member states ofthe Shanghai Cooperation Organization is extremely poorly developed.It seems that one of the reasons forthis is the absence of a convention document regulating in detail various aspects of cooperation in the areaunder consideration.The necessity of development and adoption of the Shanghai Cooperation OrganizationConvention on international scientific and scientific-technical cooperation is substantiated.It is proposed toinclude in this document the goals and principles of international scientific and technical cooperation, ruleson a permanent SCO body on international scientific and technical cooperation, provisions on financialsupport for scientific and technical cooperation, framework norms on the legal regime of territories ofadvanced scientific and scientific-technical development, as well as the norms disclosing the legal status ofparticipants in international scientific and scientific-technical cooperation.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129872683","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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