Peculiarities of origin and functioning of muslim law on North Caucasus

10.12737/3775 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 46-51
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Russian Empire ◽  
North Caucasus ◽  
Soviet State ◽  
Legal Space ◽  
Soviet Russia

The process of entry of North Caucasus in legal space of Russia is taken up in the article. The role of sharia and adat in legal regulation of public relations on North Caucasus in Russian Empire, in Soviet state and post-Soviet Russia is marked out.

DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW

2021 ◽  
pp. 208-224
Author(s):  
Julia S. Kharitonova ◽  
◽  
Larisa V. Sannikova ◽  
Keyword(s):  
Public Relations ◽  
The United States ◽  
Legal Regulation ◽  
Private Law ◽  
Property Relations ◽  
The World ◽  
The Law ◽  
Private Investors ◽  
The Way

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

2020 ◽  
pp. 129-135
Author(s):  
Dmitriy I. Frolov
Keyword(s):  
Public Relations ◽  
Research Methods ◽  
Religious Education ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
The Russian Empire ◽  
The Individual

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.

INTERNATIONAL AGREEMENTS AS SOURCES OF CIVIL LAW OF UKRAINE

2017 ◽  
Author(s):  
Iryna Horodetska ◽  
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Scientific Work ◽  
Legal Regulation ◽  
International Treaties ◽  
International Treaty ◽  
Legal Nature ◽  
Conceptual Study ◽  
The Relationship

The article is devoted to the features and functional purpose of such sources of civil law of Ukraine as international treaties. Based on the analysis of the theory of civil law, scientific approaches to understanding of the concept and system of sources of civil law, the relationship between the concepts of "international legal act" and "international treaty" are studied. The scientific work considers the characteristics and features of international treaties as sources of civil law of Ukraine, their role in the regulation of civil relations and their place in the system of national law. It is concluded that the current transformational changes that take place in Ukrainian society are inextricably linked with European integration processes and the need to bring the components of the legal system of Ukraine in line with the principles, norms and standards of European law. Objective strengthening of the role of international treaties in the settlement of not only international but also domestic civil relations necessitates a thorough conceptual study of the legal nature of international treaties, their place in the system of regulations of Ukraine and the relationship with civil law, which in its turn is an extremely important and, at the same time, difficult task. In this regard, it is quite logical to intensify the scientific discourse concerning the place of international treaties in the system of national law in different states. At the same time, while not denying the certainly important role played by international treaties in the settlement of civil legal (private) relations, we emphasize that the key to the effective functioning of the mechanism of legal regulation of public relations in this area is the need to achieve balance at interpenetration and interplay of principles and norms of domestic and international law as interdependent systems.

scholarly journals The Role of Trade Customs in the Legal Regulation of the Fur Trade in the Russian Empire (Based on Materials from North-Eastern Siberia in the Second Half of the 19th – Early 20th Centurу)

2021 ◽  
Vol 38 ◽  
pp. 65-71
Author(s):  
M. D. Kushnareva ◽  
Keyword(s):  
Fur Trade ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
Joint Stock Company ◽  
Eastern Siberia ◽  
North East ◽  
North Eastern ◽  
The Russian Empire

The main purpose of the publication is to analyze the role of trade customs in the process of legal regulation of the organization of the fur trade in the north-east of Siberia in the second half of the 19th – early 20th centuries. Achieving this goal presupposes an analysis of the norms of the legislative sources of the trade law of the Russian Empire during the period of modernization. The analysis of trade customs is based on examples from previously unpublished and unreported archival sources. Analyzed cash, trade books of firms “N. D. Everstov”, “G. V. Nikiforov”, ‘G. V. Nikiforov and Co”, “I. P. Antipin and G. V. Nikiforov”, Joint Stock Company of Match and Fur Factory “N. P. Rylov and F. P. Lesnikov”, containing records of transactions concluded on the basis of trade customs. The topic is of theoretical and applied relevance. The article is of an interdisciplinary nature. To solve the set tasks, comparative, problem-chronological methods, as well as functional and comparative legal methods of jurisprudence were applied in the work. The author determined that the synthesis of the norms of customary law of the indigenous population of North-Eastern Siberia with the norms of general imperial laws led to the formation of a complex of trade customs in the industry. The article analyzes the practice of implementing such trade customs in the fur trade, such as: accrual of debt to fishers and its transition to the next fishing season, unequal exchange, fixing commercial information in personal correspondence. As the main conclusions, it was noted that the trade customs in the fur trade were superior to the norms of the Trade Charter and other legislative acts of the state. This was facilitated by the special historical conditions and specificity of the legal consciousness of society in the outskirts of the Russian Empire. The development of commodity-money relations and the state policy of legislative convergence of the legal status of the indigenous and Russian population of the outlying territories of Siberia contributed to a gradual decrease in the role of trade customs in the fur trade at the beginning of the 20th century.

scholarly journals The Doctrine’s Role in the Field of Legal Regulation of Public Relations: Problems and Prospects

2019 ◽  
Vol 12 (5) ◽  
pp. 42
Author(s):  
Adel Abdullin ◽  
Ainur Gilmullin
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
International Treaties ◽  
Legal Doctrine ◽  
International Court Of Justice ◽  
International Court ◽  
The Right ◽  
Advisory Opinions ◽  
Domestic Law

The paper contains a comprehensive analysis of the legal doctrine’s role in the field of legal regulation of public relations arising in modern public law practice. The theoretical and legal features of the legal doctrine are revealed. In particular, conclusions are drawn confirming the arguments that the legal doctrine allows building clear guidelines for the practice of lawmaking, enforcement of the right, and especially law enforcement and that the doctrine acts as a scientifically based criterion for the legitimacy, rationality, and effectiveness of states. Special attention is paid to the historical aspects of the legal doctrine development which have significance and influence on the formation and development of international and domestic law. Particular attention of the authors of the paper is drawn to the place and role of legal doctrine in international legal practice. The paper notes that the legal doctrine manifestation in the activities of modern states can be observed in such functions as prognostic, evaluation, regulatory, methodological, world outlook and ideological function. In addition, it is noted that the doctrine plays an important role in the activities of the UN International Court of Justice, where the doctrines of the most qualified specialists are often used in making decisions and drawing up advisory opinions; in the development of international treaties at international conferences and in international organizations, etc. Specific examples of the legal doctrine manifestations in the activities of the ECHR are given.

Legal regime of subsoil use in Australia

2021 ◽  
pp. 54-68
Author(s):  
Iaroslav Manin
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Legal Regulation ◽  
Legal Regime ◽  
Administrative Reforms ◽  
The Subject ◽  
The Russian Federation ◽  
The Right ◽  
Ownership Of Land

The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of the Commonwealth of Australia, licensing of subsoil use, the role of British monarchy in exercising the right of ownership of land by its subjects, and the authority for subsoil management. The scientific novelty of this article consists in the disclosure of legal regime of subsoil use in the Commonwealth of Australia in the context of amendments to Australian natural resources legislation, constitutional and administrative reforms. This work reflects the economic interest of the Russian Federation and domestic organizations of the fuel and energy complex in the Oceania Region, which defines its relevance. The presented materials can be used within the framework of comparative jurisprudence, lawmaking, for educational and other purposes. The author concludes on the preservation of public legal regime of subsoil use in Australia, namely with regards to turnover of licenses and shares therein.

On the differences in the fundamentals of legal regulation of external and internal state financial control

2021 ◽  
pp. 72-90
Author(s):  
Anton Vyacheslavovich Abrosimov
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Internal State ◽  
Legal Regulation ◽  
Financial Control ◽  
Complex Nature ◽  
State Control ◽  
Policy Document ◽  
History Of

This article analyzes the differences in the fundamentals of legal regulation of internal and external state financial control, as well as the legal status of branches exercising internal and external state control in the financial and budgetary sphere. The goal of this article consists in the comprehensive analysis of their legal regulation to answer the question on the possibility of unification of the norms of financial control in a single normative legal act, as well as on the need for systematization of the theoretical framework in this sphere within the framework of any policy document. Analysis is conducted on the specific aspects characteristic to legal regulation of external and internal state financial control, as well as on the peculiarities of the history of their development. The article examines the role of international institutions in creation of legal regulation in the indicated sphere of public relations. The scientific novelty consists in consideration of the key features of internal and external state financial control, as well as the corresponding conceptual apparatus for the purpose of systematization of their legal regulation. The conclusion is made on the possibility of systematization of financial control; however, due to the complex nature of financial law and substantial differences in different spheres of financial relations and exercising of different types of financial control, such systematization should take place not within the framework of law, but rather within the framework of policy document. The author believes that namely the creation of the concept for the development of financial control is the preferential way for unification of the  conceptual framework, as well as the main methods of regulation and organization of financial control.

scholarly journals The Constitutional Court in the System of Public Authorities: A Doctrinal Approach

2021 ◽  
Vol 39 (69) ◽  
pp. 326-334
Author(s):  
Elena V. Vinogradova ◽  
Ekaterina S. Ganicheva ◽  
Kasa Ilda ◽  
Badma V. Sangadzhiev ◽  
Natella A. Sinyaeva
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Public Authorities ◽  
Legal Concept ◽  
Constitutional Review ◽  
Legal Principles ◽  
Procedural Law ◽  
Evaluation Of Evidence

The article examines the place and role of the Constitutional Court in the system of public powers in the doctrinal understanding of the concept of human rights and constitutionalism. The Constitution of the Russian Federation establishes the basic constitutional and legal principles that are fundamental to substantive and procedural law. Judicial constitutional review, as the experience of European countries shows, is the most effective in protecting the Constitution. The principles of law applied to the doctrinal assessment of the place and role of the Constitutional Court in the system of public powers constitute a rather dynamic legal concept. The methodology is based on the legal system, public relations, and the political-state course, which, like all fundamental ideas, change, affect legal awareness and establish new requirements for legal regulation and the formation of an appropriate mechanism. The article concludes that the most important condition for the implementation of the prerogatives of the judiciary to administer justice in the consideration and resolution of specific cases, with emphasis on the study and evaluation of evidence. It is the evidence that serves as the basis of information for the court's findings in the case.

scholarly journals Modern challenges to the legal examination regulations

2020 ◽  
Vol 9 (28) ◽  
pp. 22-29
Author(s):  
Natalia Kitsen ◽  
Ilona Fakas ◽  
Alla Babii
Keyword(s):  
Legal Regulation ◽  
Basic Element ◽  
Political Life ◽  
Law And Order ◽  
Legal Literature ◽  
The Social ◽  
Legal Expert ◽  
Legal Space ◽  
Legal Expertise

The article is devoted to the consideration of problems of legal expert examination of legal acts. One of the criteria for the effectiveness of a normative legal act as a basic element of legislation is its legal correctness. The dramatic changes that have taken place in Ukraine in recent years have significantly increased the role of legal means and mechanisms in the social and political life of the country. The effectiveness of transformations in the country aimed at forming civil society and the rule of law, strengthening the law and order depends on the perfection of the existing legal acts, their projects and the adoption of correct and legally justified decisions. Ensuring compliance with this criterion avoids inconsistencies in legislation and, as a consequence, ensures the unity of legal space. That is why legal expertise is a full-fledged tool for ensuring legal correctness and overcoming rulemaking, which requires a comprehensive analysis and comprehensive examination of the essence of legal expertise in the mechanism of legal regulation. The tasks that need to be addressed in the process of research on this issue can be attributed to: the study of the concept and features of legal expertise of draft normative legal acts, both in the legal literature, and the current and prospective legislation of Ukraine.

scholarly journals The Legal Regulation of Siberian Peoples in the Russian Empire: the Interplay Between Customary Law and Legislation

2019 ◽  
pp. 932-938
Author(s):  
Valentina Yu. Smorgunova ◽  
Aleksandra A. Dorskaia ◽  
Il’ia L. Chestnov
Keyword(s):  
Legal Regulation ◽  
Russian Empire ◽  
Normative Theory ◽  
Customary Law ◽  
Judicial Reform ◽  
Historical School ◽  
The Russian Empire ◽  
Theory Of Law ◽  
Law And Legislation

The paper uses historic and legal materials to analyse the contemporary theories that describe the correlation of customary law and legislation. The authors identify the applicability of these theories in studying regulation of Siberian peoples in the Russian Empire. The paper explores the role of the historical school of jurisprudence and the normative theory of law in determining the interplay between customary law and legislation in the 19th and 20th centuries in Russia. The authors make the conclusion that the implementation of judicial reform of 1864 was impeded in Siberia due to the state giving preference to customary law in governing the relations not regulated by legislation

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