LEGAL POLICY ON ISSUES OF THE CHILDHOOD AS A SPHERE OF STATE ACTIVITY: THEORETICAL AND LEGAL ASPECT

2015 ◽  
Vol 10 (5) ◽  
pp. 115-123
Author(s):  
Селютина ◽  
Elena Selyutina

The article presents the research results of the theoretical aspects of legal policy on issues of the childhood, conducted by the author within the scientific theme of the department. The concept of legal policy is analyzed, its essence and contents are revealed, the system of bodies efficient in the development and implementation of legal policy is determined, understanding of state legal policy as a phenomenon broader than the concept of law is substantiated. Priority areas of state legal policy at the present stage are presented. Problems of legal regulation in the field of children´s rights are revealed, specific areas are suggested that need to be taken into account when developing the concept of state legal policy in the field of child protection.

2020 ◽  
Vol 15 (4) ◽  
pp. 5-13 ◽  
Author(s):  
N. A. Nikitashina ◽  
A. N. Nikitin

The article describes the legislation of Khakassia at the present stage, which has changed significantly since the period of the 90s, becoming more orderly and less controversial. That is why other defects come to the fore today, primarily related to non-compliance or unsuccessful application of certain techniques and means of legal technology. Meanwhile, it is also stated that the legislation of the Republic of Khakassia has some advantages, such as the consideration of national customs and traditions and the prompt bringing of regional acts in accordance with federal ones. The authors highlight shortcomings as well. They are the growth of the pace of adoption of laws on amendments and additions to the current legislation without systematization of the latter; non-compliance with the requirements for the title of a regulatory legal act; lagging behind the federal legislator in certain (priority) areas of legal regulation; weak consolidation of the requirements of legislative technology in special laws, whereby the rules of legal technology are replaced by the rules of record-keeping. In addition, the authors state the insufficient interaction of the Supreme Council of the Republic of Khakassia with scientific centers located in the territory of the Republic.


10.12737/1929 ◽  
2013 ◽  
Vol 1 (2) ◽  
pp. 81-86
Author(s):  
Наталья Санисалова ◽  
Natalya Sanisalova ◽  
Екатерина Салдаева ◽  
Ekaterina Saldaeva

The article deals with the concept of corporate entities in the legislation of Russia and Germany have shown trends “Europeanization” of Private Law at the present stage, the trend of development of Russian corporate law. The analysis of the most significant changes in civil and corporate law in Russia and Germany. The article follows the idea of the necessity of building development concept, reception and coordination of legislation. Evaluates the implementation of the legislative innovations of similar legal systems, in particular, the German legal system. This study was carried out on the basis of comparative legal analysis to determine the most appropriate legal path of development and improvement of the legal system of the countries studied. In this article are analyzed only some aspects of civil law and jurisprudence Russia and Germany, which appear to be most interesting. We also find edostatki in the legal regulation in the resolution of corporate disputes.


Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.


Author(s):  
Pavlo Parkhomenko

The entry of a child into the sphere of justice, regardless of its status, requires the creation of such conditions that would minimize the possibility of the impact of negative factors in the process of administering justice on the child himself. In this regard, one of the effective and important elements in the child-friendly justice system may be the organization of a special courtroom, which would be adapted to hear cases involving a child, which is not widely used in national practice and does not have the appropriate legal regulation in general. In addition, to date, there are no studies that would reflect the problems of organizing a courtroom, in which it is possible to try different categories of cases with the participation of the child. The article attempts to conduct a theoretical and legal study of existing international standards and national legal regulation of the organization of child-friendly courtrooms, identifying the basic elements for its creation, through which it is possible to formulate basic approaches to the administration of child-friendly justice. The author stressed that international standards refer to the components of child-friendly justice, including the issue of creating the most comfortable conditions for the child in the courtroom and directly during the hearing. To substantiate the conclusions, we analyzed the national case law and the case law of the European Court of Human Rights, which demonstrates cases of violation of children's rights by not creating appropriate conditions for the trial of children, and emphasizes the importance of the situation in which the trial took place. from litigation involving adults. Positive practices of organization of special courtrooms in some courts of Ukraine are given. Based on the analysis, it was found that the issue of arranging a courtroom friendly to children has no legislative and departmental regulations, in connection with which proposed ways to address the legislative gap in this direction and guidelines for organizing a special courtroom, which is positively assessed. Рrovided children who were invited to court and who had the opportunity to compare the general courtroom and the special. Keywords: international standards, children's rights, child-friendly justice, child interview, courtroom.


Author(s):  
Sergey A. Kalinin

The reсonsidering of the methodological foundations of modern theoretical jurisprudence includes both the search for new approaches and the identification of the limits and conditions for their adequacy. At the same time, the needs for studying the interaction of the value-worldoutlook nature and the spatial conditionality of the state and law, considered in the logic of an open system, correspond with the geocultural approach. This approach is based on the multi-valued category “geoculture”, that allows one to comprehend the cultural codes and meanings of the transformation of reality and space (world projects), including those that exist as ideas about ideal forms of public power and social regulation. The geocultural approach may be part of such methodological phenomena as the worldoutlook research program, world-system analysis and geomeasurement. At the present stage, the geocultural approach of the worldoutlook research program is most suitable for analyzing the conflict of geocultures, allowing to take into account the replacement of geocultural standards, the crisis of the modern capita list world economy, legitimized by liberal geoculture, and the search for new mo dels of world order, carried out in the framework of the conflict of liberal and traditional values. The importance of understanding this conflict is due to the critical attitude of liberalism towards traditional statehood, its fulfillment of the role of an instrument of “controlled chaos” and an instrument of dominance of the West. The reсonsidering of liberal geoculture is permissible on the basis of the doctrines of traditional religious faiths, among which the Russian Orthodox Church is dominant in the post-Soviet space. Liberal geoculture is a multidimensional phenomenon, which at the same time puts forward the idea of protecting human rights and freedoms, and is an instrument for implementation of an elitist policy, characterized by excessive criticality in relation to the state and government, as well as any categories reflecting collective soli darity. Moreover, human rights, which are an integral part of liberal geoculture, initially stem from the Christian idea of a man as an ontologically free human being, the image and likeness of God, whose status metaphysically extends to anyone, but only his own. Substantially there are three interdependent problems in the phenomenon of human rights, the answer to which predetermines the practice of legal regulation: who is a person (in a particular geoculture), who is recognized as the ontological subject of human rights violations, who is recognized as the relevant subject of human rights protection. The complexity of the attitude of traditional Christianity to human rights, including denial (due to historical reasons for using human rights to marginalize Christianity), understanding, and recognition, is confirmed by the historical practice of the Russian Orthodox Church, which positively interprets this phenomenon in its conceptual documents at the present stage. The foregoing makes it expedient to use the canonical positions and official documents of traditional religious faiths in lawmaking and lawenforcement practice, which are the Russian Orthodox and Roman Catholic Churches for Belarus.


2021 ◽  
Vol 76 (3) ◽  
pp. 92-100
Author(s):  
Оleksandr Makarenko ◽  
◽  
Nataliia Makarenko ◽  

The main scientific and practical results of the analysis of the legitimacy of the actions of the Cabinet of Ministers of Ukraine during the introduction of anti-epidemic measures to combat the COVID-19 pandemic are presented. The peculiarities of exercising the Constitutional rights of citizens and the possibility of restricting them in a lawful manner, the risks of corruption as a result of the introduction of certain restrictions by the government and the creation of grounds for abuse of power and official duties have been studied. It is proposed to introduce a compensation mechanism for business entities to minimize financial losses and mitigate the tax burden at the local government level, as well as options for legal regulation of the relevant activities of the Cabinet of Ministers of Ukraine as a central executive body. Established that in the current legislation, namely in the Constitution of Ukraine, there is only one way to restrict the rights of citizens who can only be implemented through a mechanism for adopting a special law or amendments to the current laws. It is proved that to ensure effective and transparent administrativelegal regulation of state regulatory policy during the implementation of anti-epidemic measures to combat the COVID-19 requires the improvement of individual laws and subordination regulations that will in detail the activities of representatives of power and law enforcement agencies during detection and fixing offenses, otherwise it will create the basis for the emergence of corruption relations and commit criminal offenses with simultaneous leveling of the effectiveness of anti-epidemic measures. According to the authors, it is advisable to predict the need for automatic introduction of certain compensation measures at the level of regions, subject to the introduction (continuation or introduction) of anti-epidemic measures to combat the COVID-19. It is confirmed that in the event of improving the relevant legal acts, the risk of corrupt legal relations will be reduced, increased quality of state regulatory policy during the introduction of anti-epidemic measures to combat the COVID-19 and created universal compensation measures for small and medium-sized businesses that will be able to quickly and effectively applied in a country's scale.


2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
N. E. Taeva

In the paper based on conceptual provisions put forward by Prof. Kozlova, the author sets the objective to identify tendencies that manifest themselves in the development of constitutional and legal institutions at the present stage taking into account the dynamics of the subject of legal regulation, as well as the ongoing transformation of the Russian legal system. In this regard, the author has examined the problem of expanding the field of relations regulated under constitutional law. The author has concluded about the blurring of boundaries between institutions of constitutional law, which entails the problem of attribution of norms to a particular institution. The paper has analyzed the issue of emergence of intersectoral institutions that can be characterized as neither public nor private, as neither substantive nor procedural. This leads to the need to change the very approach to the concept of “institution of law.” It is concluded that constitutional law institutions can contain unwritten legal regulators that can include both rules of natural law and rules of conduct developed directly in the society.


2020 ◽  
pp. 65-70
Author(s):  
E. Yu. Kamchatova ◽  
A. V. Sedova

The negative impact on the environment is carried out from almost all oil and gas facilities. One of such objects are wells of any purpose. The causes of negative impacts on the environment from plugged and abandoned wells were identified in the course of the study. Existing methods and technologies of well liquidation and conservation have been analyzed in the article. Existing problems in the legal regulation of the issue of environmental safety of abandoned wells have been investigated. The result of comparison of the international and domestic legislation on this problem has been presented.


Author(s):  
Vladimir V. Kozhevnikov ◽  

This research article, as the title suggests, is devoted to the general theoretical problem of the relationship between local legal norms and corporate norms. In the conditional first part of the study, local law norms are analysed, including from a historical perspective. Noting that the problem of local regulation has been the focus of attention of Soviet scientists (N.G. Ale-xandrov, R.I. Kondratyev, S.S. Karinsky, F.M. Leviant, L.I. Antonova), it is emphasized that local acts were originally understood as the result of rulemaking organizations, enterprises, institutions in the field of labour relations. An analysis of modern legal educational literature shows that scientists, when classifying the norms of law, either do not mention the existence of local norms of law at all, or show insufficient attention to their analysis, limiting them-selves to a few phrases. In doing so, authors often unreasonably fail to distinguish between local and departmental legal regulation or local and local legal regulation. Analyzing the types and essential features of local legal acts: their volitional content, intra-organizational character, bylaw nature, dynamism and stability, multiple application, duration of existence, compulsory for the addressees of norms, maintaining by the coercive power of the state, the author rightly states that all local acts arise by direct instruction of law, indicating that on a given issue This assertion is supported by examples of labour law and education law. By focusing on local labour law norms, the necessity of their adoption is justi-fied, and mandatory local law norms are analysed. It is thought that one of the current problems concerning local rules of law is their rela-tionship to corporate rules. It is the fact that many authors unreasonably refer to the norms of individual state organisations, i.e. local norms of law, as corporate norms. The author takes the position that corporate norms are rules of conduct established and provided by non-state organizations (political parties, public organizations, non-state institutions and enterprises, etc.) and apply to their members; they are contained in the statutes, regulations and other regulations of non-state organizations and determine the formation of these organizations, their structure, competence, rights, duties and responsibilities of their members. Moreover, the paper defends the view that corporate norms include, first, non-social cor-porate norms: technical norms; sanitary and hygienic norms; physiological norms; biological norms; second, social corporate norms: corporate customs, traditions, aesthetic, business customs, legal norms. In conclusion, it is argued that, although both local legal norms and corporate norms are intra-organisational in nature, they should be distinguished. Moreover, corporate norms, which have both technical and social aspects, should also be seen as having a legal aspect, implying the presence of corporate law norms.


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