scholarly journals Law-Making Activity as a Type of Legal Process

2018 ◽  
Vol 5 (4) ◽  
pp. 38-44
Author(s):  
L D Chulyukin ◽  
V V Guryanova
Keyword(s):  
System Analysis ◽  
Dialectical Materialism ◽  
Legal Regulations ◽  
Legal Process ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Legislative Activity ◽  
The Creation ◽  
Law Making

The article studies the problem of understanding the essence of law-making as a kind of legal process. The current procedural legislation for the creation of norms of law is analyzed. Scientific research about the nature of lawmaking is studied and modern law-making activity is taken. The law-making process is researched on the basis of philosophical approaches (dialectical materialism, logical positivism, critical rationalism, etc.), general scientific (analysis and synthesis, generalization, system analysis, abstraction, etc.) and private methods (specifically sociological method, formal legal, a method of legal interpretation). As a result of using a set of scientific methods, a systematic knowledge of the essence of the legal process is obtained. The authors have updated the idea of the current law-making process. The essence of the law-making process is defined through the system of its main features, which give it a qualitative certainty. Legislative activity, considered as a kind of the legal process, is presented as a procedural, legal, staged activity of subjects specified in regulatory legal acts aimed at creating, amending, supplementing and repealing the operation of the rules of law. The study of this problem is conducted to establish a unified approach to the definition of law-making, an indication of its procedural nature and the improvement of legislation regulating the creation of norms of law. As a result of the conducted analysis it is established that the process of law-making activity is complicated due to a large number of normative legal acts. This circumstance makes it necessary to systematize the procedural legal regulations that establish the procedure for preparing, submitting, reviewing, accepting, publishing, amending, repealing, systematizing, interpreting all normative legal acts, rules of law-making technology, etc.

scholarly journals RESPONSIBILITY FOR TRAFFICKING IN PERSONS UNDER RUSSIAN CRIMINAL LAW: ISSUES OF LEGISLATIVE TECHNOLOGY AND LAW

2020 ◽  
Vol 24 (4) ◽  
pp. 1078-1099
Author(s):  
Nina Yu. Skripchenko
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Social Consequences ◽  
Trafficking In Persons ◽  
Illegal Migration ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of

Today, no state in the world can say with confidence that it does not face the problem of human trafficking as it does not depend on the geopolitical position of the country, nor on the socio-economic situation. The negative social consequences of the transformations in Russia at the end of the last century determined not only its transit destination during the illegal migration of labor, but also the role of the sender and recipient of human commodity (mainly women and children) intended for exploitation (i.e. including sexual), surrogacy, removal of organs and tissues. Trying to adhere to the international definition of human trafficking as much as possible and drawing on the existing experience of regulation, the Russian legislator enshrined the norm in the Criminal Code (Article 1271) containing editorial flaws that impeded its implementation. The purpose of the study is to formulate proposals to address the deficiencies identified during the study of the legislative definition of trafficking in persons, which cause difficulties in enforcement. The methodological basis is constituted by general scientific (analysis and synthesis, dialectics) and private scientific research methods (system-structural, formal-legal, logical, linguistic). The paper notes the terminological difficulties associated with the inclusion of Convention norms in the system of Russian law. Noting the need to establish enhanced guarantees of child safety, the author does not see the need for independent criminalization of trafficking in minors. By identifying technical and legal shortcomings in the definition of human trafficking and human exploitation, the author suggests ways to solve them by reforming the criminal law and judicial interpretation at the level of the Plenary Session of the Supreme Court of the Russian Federation.

scholarly journals The Policy of Poland and Romania Concerning Interned Army of the Ukrainian People's Republic (1921–1924s): Modern Domestic Historiography

2021 ◽  
pp. 118-129
Author(s):  
Mykola Stopchak ◽  
Keyword(s):  
Comprehensive Analysis ◽  
The State ◽  
Significant Progress ◽  
National Interests ◽  
Scientific Analysis ◽  
The First World War ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Historical Comparative ◽  
First World

The article focuses on a comprehensive analysis of the historiographical achievements of modern Ukrainian historians on the policy of the leadership of Poland and Romania regarding the interned in the camps of these countries, the Army of the Ukrainian People's Republic. The methodological basis of the study comprises the principles of historicism, objectivity and systematics. General scientific and special research methods were used in solving the set tasks: historiographical analysis and synthesis of knowledge development, generalization, quantitative, historical-comparative, chronological, retrospective, etc. The scientific novelty of the work lies in a comprehensive analysis of the state of study in modern domestic historiography of the policy of the leadership of Poland and Romania during 1921-1924s concernig interned Army of the UPR. Conclusions. The analysis of the historiographical achievements of modern Ukrainian historians proved they have made significant progress in studying the scientific field. Having gained access to previously closed domestic and foreignarchival materials, scholars of independent Ukraine cooperated with foreign historians and rejected unscientific, ideologically biased approaches and conclusions of Soviet historiography regarding the policy of the Polish and Romanian leadership towards the interned army. The shortcomings of Ukrainian foreign historiography on this problem, which consisted of a number of inaccuracies and a weak source base, were eliminated, which led to the distortion of historical realities. Domestic historians have clearly shown that the policy pursued by the governments of Poland and Romania regarding the internment of the UPR Army in the camps of these countries was aimed at ensuring their own national interests. It varied depending on the state of relations with its aggressive northern neighbor – Bolshevik Russia. The orientation of this policy was significantly influenced by the position of the Entente states, the victors of the First World War/ They viewed the UPR Army as a force capable of counteracting the expansionist aspirations of Bolshevik Russia. At the same time, despite significant progress in the study of this topic, especially in the 1990s – early XXI century, in the last twenty years, domestic historians didn’t pay enough attention to its study. A number of aspects of this problem remain unexplored and require further scientific analysis.

scholarly journals About the Status of Law Norms

2021 ◽  
Vol 1 (2) ◽  
pp. 58-68
Author(s):  
Vladimir Valentinovich Kozhevnikov
Keyword(s):  
Social Sciences ◽  
Point Of View ◽  
Scientific Article ◽  
Special Sciences ◽  
Legal Literature ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
The Status ◽  
General Scientific ◽  
The Subject

This article analyzes the problem of recommendatory norms in Russian literature, both Soviet and modern, which is solved ambiguously. As for Soviet theoretical scientists, recommendation norms were the subject of study by such authors as Nikolai Grigorievich Alexandrov, Alexander Filippovich Shebanov, Peter Yemelyanovich Nedbailo, Vladimir Srgeevich Petrov, Valery Evaldovich Krasnyansky. Viktor Mikhailovich Gorshenev, Cecilia Abramovna Yampolskaya, Vladimir Matveevich Solyanik, Viktor Lavrenievich Kulapov, whose scientific works are given below. Regarding modern legal literature, unfortunately, we have to state that, basically, with rare exceptions (scientific articles by Vladimir Valentinovich Kozhevnikov, Alexander Evgenievich Kondratyev, Sadri Salikhovich Kuzakbirdiev), this problem is considered only in educational literature. When preparing a scientific article, the following methods were used: general philosophical (dialectical-materialistic), which is used in all social sciences; general scientific (analysis and synthesis, logical and historical, comparisons, abstractions, etc.), which are used not only by the theory of state and law, but also by other social sciences; special methods (philological, cybernetic, psychological, etc.), developed by special sciences and widely used for the knowledge of state and legal phenomena; private scientific (formal legal, interpretation of law, etc.), which are developed by the theory of state and law. Soviet scientists - legal theorists: supporters and opponents of the recognition of recommendatory norms of law.  From the point of view of scientists, a "recommendatory" -containing recommendation, i.e. advice, wish [1], instruction [2].

scholarly journals Relevant Issues of Russian Consulting Market

2021 ◽  
pp. 72-91
Author(s):  
Anna Iurevna Kashirtseva ◽  
Mariia Aleksandrovna Plakhotnikova
Keyword(s):  
Comparative Analysis ◽  
Research Methodology ◽  
System Analysis ◽  
Market Development ◽  
Management Activity ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
Separate Object ◽  
General Scientific

Modern consulting processes at any level are quite complex and require constant monitoring and improvement to maintain their effectiveness. That is why the interest in studying the consulting market as a separate object of management activity is constantly growing. The purpose of the study is to identify the problems of the development of the consulting market that are characteristic of Russian practice and to find optimal ways to eliminate them. The research methodology includes general scientific methods such as comparative analysis of sources, system analysis and synthesis of facts, induction and analogy. The result of the research is a list of problematic areas of the consulting market development and current ways to improve it.

scholarly journals Award policy: types of awards for the municipal authorities

2020 ◽  
Vol 4 (2) ◽  
pp. 85-98
Author(s):  
Ekaterina S. Shugrina
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Policy Types ◽  
Municipal Level

The subject of the research is the establishment and application of official awards at the municipal level of government, including award legislation and the practice of its application. The purpose of the article is to confirm or disprove the hypothesis of an existence of an award policy and system of awards for the municipal level of government in Russia. The methodological basis of the research is the general scientific dialectical method of cognition (such as methods of analysis and synthesis, abstraction and concretization, induction, deduction and analogy), as well as the method of monitoring of legal acts, historical and legal method, system analysis. The main results of the research. A comprehensive analysis of existing regulations and description the general contours of the award policy for the municipal level of government were made. The following classification of awards applicable to municipal authorities can be distinguished. By type of award: honorary titles, medals, distinctions and incentives, as well as grants and prizes. Depending on the subject that establishes the award: state, municipal or public awards; moreover, you should distinguish between awards established by a public legal entity (award of the Russian Federation, of the constituent entity of the Russian Federation, a municipality) or a separate public authority. Depending on the subject receiving the award (the awarding subject): awards that are established both for the municipality as a whole, and for individual officials or other employees of local self-government bodies; a separate category consists of awards provided for the territorial bodies or their representatives. Currently, there is no single document outlining the system of awards of the Russian Federation. Conclusions. Monitoring of normative legal acts of local self-government bodies has shown that it is quite rare to find documents that regulate the award policy of a municipality. There is practically no award policy for local government bodies or their officials, as well as awards for contributions to the development of local self-government.

scholarly journals THEORETICAL BASES AND PRACTICAL ASPECTS OF SCALING HIGH-TECHNOLOGY DRIVER COMPANIES INNOVATIVE DEVELOPMENT

2020 ◽  
Vol 2 (29(56)) ◽  
pp. 39-41
Author(s):  
I.O. Malyhina
Keyword(s):  
System Analysis ◽  
Technological Development ◽  
High Tech ◽  
Innovative Development ◽  
Synthesis System ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of ◽  
Theoretical Foundations

The relevance of the study is confirmed by the high importance of innovative and technological development of the economy. The aim of the study is to analyze the theoretical foundations of scaling high-tech companies, drivers of innovative development. Thebasis of the study was general scientific methods: analysis and synthesis, system analysis, induction. The author's definition of high-tech companies-drivers. The theoretical foundations for scaling up high-tech companies as the basis for innovative and technological development of the economy have been improved.

Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure

2021 ◽  
pp. 1023263X2110553
Author(s):  
Adil Ye Alibekov
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Civil Procedure ◽  
Practical Significance ◽  
Scientific Methods ◽  
Foreign Experience ◽  
Civil Process ◽  
Civil Proceedings ◽  
Analysis And Synthesis ◽  
General Scientific

The question of the purpose and functions of the participation of the prosecutor in the civil process is relevant, since the idea of them helps to increase the efficiency of his activities. This article is devoted to a comprehensive study of the possibility of applying foreign experience in the prosecutor's participation in institution development in Kazakhstan civil procedure. The article used both general scientific methods of cognition – logical, analysis, and synthesis – and private scientific methods – formal legal, system analysis. It analysed the various points of view on the issue of the legal status and functions of the participation of the prosecutor in the civil process. The scientific novelty is determined by the fact that functions describe the procedural status of the subjects of civil procedure, allowing the streamlining of the multilateral procedural activities of state bodies, officials and other persons involved in civil proceedings. The practical significance of the study is determined by the fact that its results can be used for in-depth research of the functions of the prosecutor in civil proceedings.

scholarly journals The State and Human Rights: The Problems of Restrictions in the Pandemic

Legal Concept ◽  
2020 ◽  
pp. 41-46
Author(s):  
Lyubov Pozharova ◽  
Natalia Kosolapova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Social Relations ◽  
Emergency Situation ◽  
Dialectical Materialism ◽  
The State ◽  
Scientific Methods ◽  
Political Relations ◽  
Analysis And Synthesis ◽  
General Scientific

Introduction: in the context of modern life related to the fight against the COVID-19 pandemic, human rights and their implementation whose main goal is the existence of important social, economic and political relations are forced to be limited by the state. In this regard, the authors of the paper aim to analyze the problems that arise when the state interferes with the private sphere, and suggest the solutions that can serve as the additional guarantees of the full exercise of their rights by citizens. Methods: when writing the paper, the provisions of dialectical materialism and such methods as deduction and induction, analysis and synthesis, system, logical and other general scientific methods were used. Results: as a result of the analysis of the prevailing political and environmental conditions, it is possible to state that in an emergency situation, people often mistakenly perceive measures coming from the state as restrictions on their rights, which causes them to feel insecure and vulnerable. This may exacerbate a pre-existing sense of discrimination and inequality among certain social groups that require special economic and social support from the state. The research focuses on the problem of creating the necessary conditions for the state to ensure that individuals exercise and protect their rights without putting their lives and health at risk. The authors also consider the aspects related to citizens’ access to participation in solving socially significant issues of public administration. Conclusions: as a result of the research, the main problems that arise from the state’s restricting the rights in the pandemic are considered, as well as possible solutions that allow the state to effectively ensure stability in society, guaranteeing the implementation of basic human and civil rights and freedoms, and creating equal and stable social relations.

scholarly journals Realization of the right to freedom of conscience in the information and communication network Internet

2021 ◽  
Vol 2021 (3) ◽  
pp. 31-36
Author(s):  
Anna Nikitina
Keyword(s):  
Virtual Reality ◽  
The Internet ◽  
Freedom Of Conscience ◽  
Scientific Methods ◽  
Internet Users ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
Information And Communication ◽  
General Scientific ◽  
The Right

The article deals with the problems of the realization of the right to freedom of conscience, arising from the acquisition of virtual reality. The problem of improving legislation in the field of protection of the right to freedom of conscience is one of the urgent problems. Besides, the number of «Internet users» is growing, so there is the question – what kind of interaction between the virtual world and religion can be considered legal. In addition, various forms of abuse of the right to freedom of conscience appear because the development of the «Internet». In the conclusion, the author believes that the realization of the right to freedom of conscience in virtual reality is possible, but its mechanism needs legislative regulation. The purpose of the issue is to provide a scientific analysis of the provisions guaranteeing the realization of the right to freedom of conscience in the Russian Federation, to develop scientifically based proposals and recommendations for improving the legislation on freedom of conscience in order to guarantee it in the Internet. In the article the author uses a complex of general scientific methods: analysis and synthesis, formal-logical, structural and systematic, which allowed to identify the features of the implementation of the right to freedom of conscience in the Internet.

scholarly journals Recommendations for implementation of cluster policy in modern Russia

2021 ◽  
Vol 6 (2) ◽  
pp. 154-160
Author(s):  
T. V. Fadeeva ◽  
Keyword(s):  
Organizational Development ◽  
System Analysis ◽  
Driving Forces ◽  
Limiting Factors ◽  
Cluster Policy ◽  
Public Authorities ◽  
Stage Of Development ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Innovative Economy

The aim of the study is to study the experience of implementing cluster policy in the Russian Federation and offer recommendations for improving cluster policy and strengthening cluster processes. The article presents the results of the analysis of clusters and cluster policy in Russia. During the research, general scientific and special methods are used: analysis and synthesis, comparison and generalization, system analysis. As a result of the study, the driving forces of the functioning of clusters, the risks of implementing cluster policy in Russia and a list of limiting factors when choosing clusters-objects for financing are identified. The article reveals the peculiarities of cluster policy in Russia and gives recommendations for conducting cluster policy based on the domestic experience of clustering. In contrast to the existing ones, the recommendations proposed in the article are novel, since they take into account the current stage of development at which cluster associations in Russia are located. When developing the recommendations, the latest trends in the organizational development of clusters in an innovative economy are taken into account. The presented developments will be useful to public authorities in the formation of regional programs for the development of clusters in the regional economy, as well as for making decisions on the support of clusters

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