scholarly journals Constitutional Principles Of Judiciary: Peculiarities Of Formalization In The Cis Countries

Author(s):  
Aleksej P. Treskov ◽  
Lyudmila V. But'ko ◽  
Ruslan M. Dzidzoev ◽  
Alevtina E. Novikova ◽  
Andrey A. Solovyev

The modern principles of judiciary, being an integrative constitutional-theoretical category, are the object of scientific research from the point of view of a meaningful interpretation, as well as the specific nature of formalization, including its the comparative legal aspect. In this regard, the research subject of this article is represented by the norms of the constitutions of the member states of the Commonwealth of Independent States. The article presents the analysis results, which allowed us identifying the non-standard approaches to consolidate the constitutional principles of the judiciary in the focus group of acts. We associate these approaches with the compositional specific nature of principle reflection, as well as with the variably-substantive aspect, which quantitatively and qualitatively supplements the standard list of required fundamental ideas.

2018 ◽  
Vol 114 ◽  
pp. 559-568
Author(s):  
Cezary Kosikowski

CONCEPT OF THE INTERVENTIONISM LAWThe author proposes that the division of law into sections should also distinguish the interventionism law. This includes legal regulations regarding the scope, forms and methods of impact of international organizations, EU institutions and national authorities on processes related to the economy, especially its development and functioning in the market system and in the conditions of globalization, internationalization and economic integration of modern states. In order to justify its proposal, the author points out that modern interventionism is no longer limited to traditional state interventionism, but it is exercised by international organizations and the European Union in relation to the Member States. All entities carrying out the functions of interventionism do so on the basis of law. From the point of view of the EU Member State, these are regulations complementing each other and forming a whole as a source of applicable law. The author does not propose any codification procedures in the field of interventionism law. He claims, however, that the national legislator should create, control, interpret and apply the national law of intervention, taking into account the fact that there are regulations inherent in the international and EU law of interventionism.In addition, the author indicates the need for a different approach to interventionism in scientific research and didactics. In this regard, he sees the need to change the organization of scientific research on the subject of interventionism in its legal aspect. He puts on interdisciplinary research with the participation of many specialists. In didactics, he proposes adjustments in economics curricula for lawyers and in legal discipline programs. In particular, it is about introducing the subject of contemporary interventionism and problems related to its legal basis and the boundaries and legal forms of its functions.


Author(s):  
Найра Абузярова ◽  
Nayra Abuzyarova

Market relations have led to substantial changes in wages, the mechanism of legal regulation of remuneration has changed significantly, and there are many difficulties and problems, unresolved issues. In this regard, according to the author’s intention, the article determines the legal regulation of wages in comparative-legal aspect, analyzes the concept, nature and the general state of wages in Russia and other CIS countries, taking into account the principles of work organization, consistently analyzes the shortcomings of remuneration of labour in Russia, because wages are still undergoing through some turmoil (unjustified super-differentiation in wages, low level of wages of most workers and the minimum wage). The aim of this work is the study of the legislative regulation of wages, development of recommendations on improvement of certain provisions on payment for labour in the Russian Federation. Taking into account the fact that in the wage regulation in the labor code and the labor codes of other countries of the Commonwealth of Independent States (CIS) there are many achievements and successful solutions to many pressing issues of remuneration, and also the fact that that the application of the comparative method allows identification of existing problems and contradictions, the article studies the most important areas of restructuring of the legal organization of wages in the Russian Federation and other CIS countries, as one of the key regulators of the market economy.


2020 ◽  
Vol 10 (5) ◽  
pp. 43-49
Author(s):  
MARINA MARKHGEYM ◽  
◽  
ANNA BEZUGLAYA

The article presents the author’s analysis of constitutional texts, regulations and analytical materials of the countries of the Commonwealth of Independent States in order to consolidate in them the consolidated powers of the chambers of parliaments associated with the implementation of food security. Analysis of legal acts of the studied group of states showed that the sphere of food security (as part of the agrarian and food sphere/function) is one of the eventual spheres of interaction between the chambers of parliament. In the course of the study, two approaches of states to the formalization of provisions related to food security in constitutional texts were identified. The first approach is to consolidate norms that indirectly affect the field of food security (Belarus, Kazakhstan, Russia); the second - in the absence of such provisions (Tajikistan and Uzbekistan). It has been established that the interaction of the chambers of parliaments in the field of food security is implemented through the adoption of laws, as well as through various parliamentary events (parliamentary hearings, round tables, seminars, meetings, etc.). It is concluded that the available options for interaction between the chambers of parliaments of states in the field of food security reflect their independent approaches, which are developed on the basis of legal doctrine and practice.


Author(s):  
Elena A. Kosovan ◽  

The paper provides a review on the joint Russian-Belarusian tutorial “History of the Great Patriotic War. Essays on the Shared History” published for the 75th anniversary of the victory in the Great Patriotic War. The tutorial was prepared within the project “Belarus and Russia. Essays on the Shared History”, implemented since 2018 and aimed at publishing a series of tutorials, which authors are major Russian and Belarusian historians, archivists, teachers, and other specialists in human sciences. From the author’s point of view, the joint work of specialists from the Russian Federation and the Republic of Belarus in such a format not only contributes to the deepening of humanitarian integration within the Union state, but also to the formation of a common educational system on the scale of the Commonwealth of Independent States or the Eurasian integration project (Eurasian Economic Union – EEU). The author emphasises the high research and educational significance of the publication reviewed when noting that the teaching of history in general and the history of the Second World War and the Great Patriotic War in particular in post-Soviet schools and institutes of higher education is complicated by many different issues and challenges (including external ones, which can be regarded as information aggression by various extra-regional actors).


Author(s):  
Mikhail Bubynin ◽  
Mikhail Bubynin ◽  
Valery Abramov ◽  
Valery Abramov ◽  
Gennady Zabolotnikov ◽  
...  

The paper considers the priorities of the state policy of the Russian Federation in the Arctic, from the point of view of the development of scientific research, identified by the main strategic documents of national policy and security in the Arctic zone of the Russian Federation. Measures for implementation of priorities in the development of scientific research in the Arctic can be divided into three main sections: 1. Scientific projects and expeditions in the Arctic; 2. International activities; 3. Coordination and implementation of integrated research in the Arctic. Note that currently the Ministry of education and science of the Russian Federation develops the Analytical Coordination Program “Comprehensive research of the Arctic and Antarctic”, in cooperation with the federal state bodies and Governance of the Subjects of the Arctic zone of the Russian Federation. The mechanism of the Program will ensure coordination between state bodies for integrated scientific researches in the Arctic in the interests of economic and scientific development of the region, and the creation of the scientific, technical and technological reserve in order to ensure of national security in the Arctic zone of the Russian Federation.


2018 ◽  
Vol 28 (6) ◽  
pp. 1993-2005
Author(s):  
Shemsije Demiri ◽  
Rudina Kaja

This paper deals with the right to property in general terms from its source in Roman law, which is the starting point for all subsequent legal systems. As a result of this, the acquisition of property rights is handled from the historical point of view, with the inclusion of various local and international literature and studies, as well as the legal aspect devoted to the respective civil codes of the states cited in the paper.Due to such socio-economic developments, state ownership and its ownership function have changed. The state function as owner of property also changed in Macedonia's property law.The new constitutional sequence of the Republic of Macedonia since 1991 became privately owned as a dominant form of ownership, however, state ownership also exists.This process of transforming social property into state or private (dissolves), in Macedonia starts from Yugoslavia through privatization, return and denationalization measures, on which basis laws on privatization have been adopted. Because of this, there will be particularly intensive negotiations regaring the remaining state assets.


Philosophies ◽  
2021 ◽  
Vol 6 (3) ◽  
pp. 66
Author(s):  
Fuminori Akiba

From the perspective of sustainability, empowering people to live positively without being dominated by death is an important issue. One thing we can do in this vein is to expand one’s own physical sensation, which is the basis for us to live. From this point of view, Shusaku Arakawa and Madeline Gins’ idea of “landing sites” is very important. Landing sites are physical experiences that result from person–environment collaboration. In order to make as many people as possible aware of their physical sensations through landing sites, Arakawa and Gins created artificial environments such as “Site of Reversible Destiny Yoro” where people could gain new physical sensations. They wanted people to build new ethics and move toward social reformation based on their new physical sensations. However, at present, these artificial environments have some problems. It is the time to seriously consider how we can pass on the experience of landing sites to future generations. The aim of this paper is to provide an answer to the question by Yasuhiro Suzuki’s scientific research on tactile sense, called tactileology. I first introduce Arakawa and Gin’s text about the idea of “landing sites” and make clear its importance. Next, I point out that, now, “landing sites” present certain difficulties. I then confirm that tactileology inherits the idea of “landing sites”.


2021 ◽  
Vol 3 (3) ◽  
pp. 96-123
Author(s):  
L.V. Shchennikova

Introduction: the article deals with the methodological problem of the meaning of the goal of civil law research. The author analyzes the dissertation abstracts from the point of view of goal setting, which were completed in different periods of the development of Russian civil law science, identifies the qualitative characteristics of the stages, and proves the connection of the achieved results with the researcher’s knowledge of the methodological methods of goal setting. Purpose: to show the value of goal setting in scientific research in general and in civil research in particular; to consider the relationship of goal setting with the achievement of specific scientific results on the examples of dissertations defended in the specialty 12.00.03; to justify the need to set as goals the fundamental problems associated with the identification of patterns of development of relations that are part of the subject of civil law regulation and the creation of effective mechanisms that mediate them. Methods: system-structural, system-functional, generalization, abstraction, analogy, logical, statistical, classification, legal modeling, comparative legal, forecasting, formal legal, historical. Results: civil methodology should take into account the importance of the goal in the organization of scientific work. Only a competent possession of goal setting skills can ultimately ensure the creation of scientifically-based mechanisms for effective impact of civil law norms on regulated social relations. Conclusions: 1) any science, including the science of civil law, is not only designed to study and describe existing problems, including legislative, doctrinal, and law enforcement. Research, in order to meet the criterion of scientific character, must attempt to identify the laws of development, both regulated relations and mechanisms that mediate them; 2) the significance of the goal in the development of science has been proven by outstanding philosophers. In addition, the very definition of science indicates that goal setting is one of its essential characteristics; 3) the analysis of the author’s abstracts of leading Russian tsivilists showed how the skilful setting of research goals helped to achieve them consistently, as well as to create a high-quality categorical apparatus of civil law science; 4) the analysis of modern dissertations showed that not all young researchers see the value of goal-setting and this methodological disadvantage is important for the author to eliminate.


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