Sovetskoe gosudarstvo i pravo最新文献

{"title":"Relations of administrative and legal protection as a kind of administrative and legal relations: concept, content, characteristics","authors":"M. Kobzar-Frolova","doi":"10.31857/s102694520024324-7","DOIUrl":"https://doi.org/10.31857/s102694520024324-7","url":null,"abstract":"Traditionally, the issues of legal regulation of the protection and protection of man and citizen are considered as one of the aspects of law enforcement. Social realities allow us to assert that, by virtue of the Constitution of the Russian Federation, a circle of specific public relations of administrative and legal protection has developed. These relations are regulated by the norms of administrative law, but have not yet received sufficient coverage and theoretical justification in the scientific works of domestic administrationists. The studied problems are of interest as a synthesis of law enforcement practice (the practical activities of subjects authorized in the field of administrative and legal protection, including in the field of labor protection, human health, sanitary and epidemiological welfare of the population, etc.) and the theory of administrative and legal relations, where the relations between public authorities and a person are harmonious, and based on an optimal balance of public and private interests. Consistently carrying out the correlation of the concepts of the terms “protection” and “protection”, based on historical and theoretical-legal ideas about these terms, the conclusion is formulated that their content and purpose are different. And the object of administrative and legal protection is different from the object of police protection. It also has differences from the activities of the judicial authorities. The use of comparative-legal, system-analytical, formal-logical and other methods of scientific cognition made it possible to identify a system of administrative-legal measures, methods and techniques through which the Government of the Russian Federation ensures the protection of constitutional rights and freedoms of man and citizen, creates guarantees for their implementation and exercises control (supervision) over the performance of the relevant duties assigned to authorized public authorities. The article analyzes the purpose and content of administrative and protective activities, defines the circle of authorized bodies (subjects) of administrative and legal protection, identifies elements of administrative and legal protection, provides a list of administrative and legal protection measures.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74221559","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}

{"title":"Theoretical and methodological problems and Military Law (to the publication of the monograph “Military Law”)","authors":"A. Tushkov","doi":"10.31857/s102694520025210-2","DOIUrl":"https://doi.org/10.31857/s102694520025210-2","url":null,"abstract":"The review analyzes some issues of methodological problems in the context of the discursive practice of Military Law in the collective monograph “Military Law” under the general editorship of A.N. Savenkov, A.V. Kudashkin, is the first 3-volume fundamental scientific publication, where based on the article presents a modern view of Military Law as a branch of the Russian legal system. One of the key aspects of the reviewed monograph are theoretical and methodological problems and discursive practice of Military Law research as a branch of domestic scientific law. This nominal circumstance in the presented article is the subject of the author’s consideration, which, in the opinion of the reviewer, deserves a separate scientific understanding and interpretation, since it served as the most important basis for the entire scientific concept of the presented monograph. In the article, the reviewer’s judgments are not indisputable, but it is important to have the following circumstance: the relevance of this monograph has been put forward as one of the most important scientific studies of the last decades in the field of Military Law in the system of Russian and International Law. Which, in turn, gives the scientific community an opportunity to take a closer and comprehensive look at all aspects of the issues studied in it.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74248409","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}

{"title":"The Lieber Code","authors":"Igor I. Butrim","doi":"10.31857/s102694520024323-6","DOIUrl":"https://doi.org/10.31857/s102694520024323-6","url":null,"abstract":"The article presents the scientific biography of Francis Lieber, the author of the Code, which entered the literature under his name, shows the structure and characterizes the content of the codified act, which was the basis of the Hague Treaties, which was further developed in International Humanitarian Law as the law of war or the law of military conflicts.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"136 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76736476","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}

{"title":"Agrarian law in the 21st century: traditions and prospects of development (Review of the speeches of the participants of the International Scientific and Practical Conference - The Second Kozyrev Readings)","authors":"V. Ustyukova","doi":"10.31857/s102694520026814-6","DOIUrl":"https://doi.org/10.31857/s102694520026814-6","url":null,"abstract":"The article is a review of the speeches of the participants of the Second All-Russian Scientific and Practical Conference with international participation “Agrarian Law in the 21st century: traditions and prospects of development (Kozyrev Readings)”. Topical issues of legal regulation of agrarian relations in the context of new challenges and threats were widely discussed at the Conference. In the speeches of many participants, the increasing role of agrarian and legal science and agrarian and legal regulation in modern conditions of ensuring food security in Russia was noted. Among the most pressing problems were the problems of environmental protection in the field of agricultural production, ensuring the safety of agricultural products (including organic), state support for farmers, rational use of agricultural land, effective management of the land fund, development of agrotourism and rural areas, and others.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76901170","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}

{"title":"Expert “Round Table” “Ideas of Eurasianism in Russian law: theoretical and philosophical grounds and practice of implementation”","authors":"N. Krotkova","doi":"10.31857/s102694520024145-0","DOIUrl":"https://doi.org/10.31857/s102694520024145-0","url":null,"abstract":"The review presents the material of the “Round Table” devoted to the analysis of the teachings of the Eurasians and the development of their ideas in the conditions of modernity (EAEU). Thus, the reports note that, theoretically, the teaching of the Eurasians was highly original, re-flecting the main properties of Russian culture and statehood. The Eurasians correctly pointed out the unifying role of Russia on the Eurasian continent. The reports also consider the role of law and courts operating in the system of the Eurasian Economic Union.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76640896","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}

{"title":"On the question of legal regulation of investment activities in the Russian Federation","authors":"M. Kobzar-Frolova","doi":"10.31857/s102694520025929-2","DOIUrl":"https://doi.org/10.31857/s102694520025929-2","url":null,"abstract":"The article provides a comparative legal analysis of the legislation in force in the Russian Federation that regulates various aspects of investments and investment activities. Duplication of the norms of laws, as well as their contradictions. Problems of inconsistency, lack of harmonization of the norms of individual regulatory legal acts. The author formulated the conclusion was made about the complexity and intricacy of the material norms in this area. All this creates problems in law enforcement practice, as evidenced by the accumulated series of judgments issued of arbitration courts of the Russian Federation. Some aspects of law enforcement practice on taxation of investment projects subjects of the Russian Federation. In conclusion, proposals are made to improve the legislation on investment activities.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76844160","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}

{"title":"Powerful incentive for legal research in Military Science Military Law: in 3 vols / under the general editorship of A.N. Savenkov, A.V. Kudashkin (Moscow: Center for legal communications, 2021–2022)","authors":"S. Chemezov","doi":"10.31857/s102694520024771-9","DOIUrl":"https://doi.org/10.31857/s102694520024771-9","url":null,"abstract":"The review notes that an epoch-making event took place in Russian science - a three-volume monograph “Military Law” was published under the general editorship of A.N. Savenkov and A.V. Kudashkin. The relevance of the study is due to the profound transformation of modern international relations, in which the Russian Federation is included, and their adequate reflection in the system of domestic relations of the Russian state. Assessing the contribution of the reviewed work to military science, the author emphasized the global coverage of the study of almost all objective reality related to the functioning of the military organization of the state, and the conditions in which this functioning occurs. On the basis of theoretical analysis, the team of authors managed to identify the main core, the essence of Military Law – the law of armed conflicts. For the first time in legal science, the military-industrial complex (MIC) as a state and social phenomenon has found its place as an object of fundamental legal research. Of scientific value is the study by the authors of the peer-reviewed monograph of the sanctions regimes in force against Russian defense industry organizations, as well as issues of legal support for military-technical cooperation. The conclusion is formulated that the author’s team, led by A.N. Savenkov and A.V. Kudashkin, conducted a fundamental military-theoretical study that includes all the legal issues of ensuring the country’s defense and state security in the functioning of the military organization of the Russian state, which will serve as a powerful incentive for subsequent legal research in military science","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"107 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89166198","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}

{"title":"The consequences of Brexit for the constitutional system of the Great Britain","authors":"S. Kodaneva","doi":"10.31857/s102694520024108-9","DOIUrl":"https://doi.org/10.31857/s102694520024108-9","url":null,"abstract":"The vote in the 2016 referendum on exit from the EU was held under the slogan “take back con-trol”, which, in particular, meant the return of parliamentary sovereignty, lost as a result of the transfer of some powers to the supranational level and the impossibility for the UK Parliament to influence decisions taken in Brussels. However, in the process of withdrawal, the UK faced a number of constitutional problems that led to one of the most serious constitutional crises in the history of British parliamentarism, caused by the clash of parliamentary and popular sovereignty, on the one hand, and the lack of a written constitution clearly delineating the powers of the three branches of government, on the other hand. This article is devoted to the analysis of the conse-quences of this crisis for the stability of the traditional constitutional system of Great Britain.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87330046","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}

{"title":"New ideas of Russian constitutionalism. Law as an element of the system of sacred and profane values","authors":"E. Vinogradova","doi":"10.31857/s102694520025224-7","DOIUrl":"https://doi.org/10.31857/s102694520025224-7","url":null,"abstract":"The formation of the modern Russian model of constitutionalism is contextually predetermined by the study of its institutions. The rethinking of the legal content of constitutional values is due to the emergence of new ideas that, in the format of interdisciplinary research, create the constitutional and legal basis of the Russian state identity. The article analyzes the influence of the system of sacred and profane values in the concepts of legal awareness and law enforcement on legal science. Previously, the sacred - profane system was not studied in domestic law. The proposed conceptual models for the inclusion of socio-philosophical phenomena in the system of constitutional values are important for a new understanding of constitutional values. The relevance of the study is due to the transformation of constitutional institutions in new readings of the Constitution of the Russian Federation after the adoption of amendments in 2020. The article analyzes the issues of influence on the social processes of profanization of sacred values. It is concluded that value orientations determine the criteria for the effectiveness of power and management, institutionalize legal awareness and law enforcement as regulators of public relations.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"90 4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85621087","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}

{"title":"Prussian codification of 1794 as a monument of law and an object of study","authors":"Vladimir Kizyakovsky","doi":"10.31857/s102694520026687-6","DOIUrl":"https://doi.org/10.31857/s102694520026687-6","url":null,"abstract":"The article is devoted to the general analysis of Landrecht of 1794 - a monument of law, which, according to the author, is unfounded, ignored by legal historians. Landrecht is unique in many ways: an unprecedented scope, the number of branches of law included, the legal sources used, the detailed method of presenting the rules, legal technique and language, the history of creation, focus on application in judicial practice, low “viability”, etc. Explain why the legislative act has such characteristics - the task of the historian of law. The study of the realities associated with this codification, the analysis of the structure, institutions and legal terminology, and finally, the translation and publication into Russian will fill the gap in historical and legal science and help in solving the most important issues for modern law enforcement practice, such as: assessment criteria legal act (understandability, accessibility, applicability, optimal combination of volume, structure and content, compliance with the ideological program of state power, continuity of legal norms and institutions, and many others) and the use of the legal experience of the past in the modern legislative process and law enforcement","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"275 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86732183","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}