The article analyzing the problem of submission of normative-legal acts. The relevance of the topic is that the circle of social relations to which it applies, as well as the definition of proceedings for challenging legal acts, depends on the correct determination of the legal content of a legal act. Analyzed the judicial practice, the approaches of individual federal executive bodies, and studied the views of reputable scientific. The main conclusions and proposals for improving the approach to the definition of a regulatory legal act are made.
In this article author examines the existing norms of international law, general and special international treaties aimed at combating illegal migration, and also a specifi c emphasis has given to the regional practice of combating illegal migration, considering the legal experience of various countries on the conclusion and application of bilateral agreements and intergovernmental cooperation. A key aspect of the study is the analysis of the peculiarities of the international legal regulation of the implementation of law enforcement measures carried out on board ships to counteract illegal migration to the sea.
the article is devoted to the problematic aspects of the current model of social service in Russia. On the basis of the performed analysis of doctrinal sources and review of judicial practice, gaps and some problematic provisions of the Federal law of 28.12.2013 № 442-FZ "on the basis of social service of citizens in the Russian Federation" and trends in law enforcement are fixing. In particular, the author focuses on the problem of access to quality social services for low-income categories of Russians in conditions of reducing the number of free services against the background of increasing decline in incomes. According to the author, the solution to this problem is possible through the introduction of modern technologies in the field of social services using foreign experience and successful domestic practices.
Discusses domestic and foreign experience in the sphere of resocialization of convicts; expanded trends of their social and pedagogical adjustment are considered. An important role in this process is given to art.
this article attempts to carry out a comparative analysis of foreign and Russian legislation in the fi eld of administrative and legal regulation of fi shing rules and protection of fi sh stocks, in particular, the legislation of the republics of Turkmenistan, Kazakhstan, Belarus and others. Both compliance and some discrepancies in the norms of the Russian legislation and the CIS countries have been established. On the basis of the analysis of the norms of foreign law, the proposals of normative character for the Russian legislation, which have practical value, were made. Key words: administrative and legal regulation of fi shing rules, fi shing industry, fi shing management, protection of fi sh stocks, water biological resources, analysis, foreign law, arguments, ecological crisis, negative impact.
The article is concerned with the experience of systematization of legislation on administrative offenses in Belarus, Kazakhstan, Moldova and Russia in a comparative legal aspect. The study of various ways of developing the legislation of countries with common historical roots and the determination of the most effective model of legal regulation is relevant in connection with the current reform of the Russian legislation on administrative offenses.
The article is a study that demonstrates the development of such a type of territorial structure as federalism in Russia, starting from the Russian Empire of the early XX century and ending with the revolutionary events of 1917-1922. The author notes that the territorial structure of the Russian Empire can be described as complex, combining the features of both federalism and unitarism, and the Russian Federation is only beginning to build its own federal model. Within the framework of the historical and legal part of the work, the revolutionary events of 1917-1922 are investigated among other things from the point of view of possible construction of Federal model of the state structure, and it is noted, that contrary to the popular opinion about saving the Russian state integrity by the Bolsheviks at that time, historical events suggest the opposite. It is concluded, that the chances of building a federal state system in Russia during the historical development of this state have arisen repeatedly.
In the article in addition to the methods of formal logic (analysis, synthesis, etc.), the historical and legal method is mainly involved. It is used in the study of the history of the federalism formation during the Russian Empire, and then during the revolutionary events and the Civil War at the beginning of the XX century. In addition, the formal-dogmatic method was used to study the legal norms contained in the Soviet Constitutions, as well as in the Constitution of the Russian Federation.
in the article on the basis of the analysis of the Labor code of the Rus- sian Federation, the norms of international labor law of judicial practice, as well as the doctrines consider the current legal issues of the parties to the employment contract: an employee and an employer. Special attention is paid to the proble- matic aspect – the labor legal personality of the employee. Proposals are made to improve labor legislation
This article deals with the concept of litigation public relations and the place of this phenomenon in modern Russian society. The article provides a linguistic interpretation of the term based on traditional English and Russian dictionaries, corpus resources for the Russian language, associative dictionaries of the Russian language. Research in the field of adequacy of the analyzed concept translation from the English language into Russian in conjunction with the analysis of the existence of the phenomenon itself in Russia helps the authors to reveal the problems associated with the litigation public relations in Russia, namely: 1) an incorrect definition of the term as the basis for misunderstanding of the phenomenon; 2) underestimation of the danger of the phenomenon. To confirm the latter, the authors use the linguistic and law toolkit to analyze a number of well-known examples of litigation public relations usage in the mass media sources in order to manipulate public opinion and to influence on court decisions. The purpose of the article is to attract the attention of law enforcement officers and the court to the issue at hand, to form in society a correct understanding of the notion litigation public relations, to popularize the idea of its danger.
theories that tried to define territory were discussed to extract basic ontological components to reshape territory as a metaphysical question, compatible with the model of categorical structure of metaphysics illustrated by Karl Popper. Relevant legal issues were presented to test the viability of philosophical analysis with legal issues, and the contribution to the challenges that faces international lawyers today with regard to issues relating to territorial matters between the States.
The article contains critical evaluation of Giorgio Agamben’s views on relation between law and language. His ideas are of great interest to the philosophy of law because they offer a new approach towards the genealogy and purpose of law (law as an institution which gives language power over the world of facts) and radically put in question the connection that exists between law and language. Agamben’s thesis is built upon the presupposition that law (as well as religion) derives from more ancient institution of oath, the purpose of which is to establish a firm bond between language and reality. The efficacy of oath (as well as of law and religion that succeed it) requires a certain experience of language, which presupposes the figure of God to ensure the reliability of oath. Agamben’s critique of modern state of the problem centers around the idea that today the language in law can no longer found its potency to affect reality upon the figure of God and for this reason the experience of language in which law has emerged and in which it continues to exist finds itself in insoluble crisis. This article puts Agamben’s ideas about law and language in the context of his philosophical project in order to locate methodological boundaries of Agamben’s approach. The main concern about these boundaries is that law itself is not problematized enough in its relation to religion. The difference between these phenomena is blurred inside homogeneous concept of “experience of language”. This broad generalization in which law and religion become indistinguishable works against Agamben’s project, for the aim of his critique – law – eludes the sight.