Человек и общество в противоречиях и согласии: сборник научных трудов по материалам Международной научно-практической конференции: в 2 ч.
Permissive powers of customs authorities have historically significant character , due to the fact that it is through these powers are exercised regulation of foreign trade activities and facilities at the customs infrastructure throughout the history of the formation of customs in Russia . The problem of precise regulation permitting powers of customs authorities was the fact that in the process of customs affairs in Russia , at different historical stages varied functions and tasks of customs authorities . Furthermore neither in legislation nor at theoretical conclusions is no definition of permissive powers of customs authorities, because of the low level of theoretical elaboration issues.
The relevance of the study is due to the problem of the alienation of criminal procedural regulation from the social and legal realities that determine the specifics of the realization of the right to defense of a minor who is being prosecuted. The right to defense, as the norm and principle and legal priority for the defense, permeates all criminal proceedings. In this regard, this article is aimed at determining the content of the right to defense of a minor suspect or accused, identifying some significant shortcomings of criminal procedural regulation from the standpoint of their elimination and proposing corrective measures of normative nature. The leading approach to the study of this problem is the analysis of scientific, legal and empirical materials that make it possible to comprehensively consider the normative and law enforcement potential of criminal procedural legislation in terms of comprehensive, full regulation of the right to defense of minors in criminal proceedings. The article contains the author's definitions of the right to defense, describes the procedural model for the protection of minor suspects and accused, reveals the main procedural differences in the provision and implementation of the right to the defense of minors; defines the procedure for clarifying the rights of minors granted by law, justifies the purpose of the criminal proceedings against minors. The materials of the article are of practical value for the establishment and application of the norms of the criminal procedural legislation in the protection of the rights and legitimate interests of criminally prosecuted persons of a minor age, regardless of their status. The present paper is part of the dissertation research devoted to the substantiation of new, socially-oriented provisions and the corresponding practical recommendations for improving the effectiveness of the Russian criminal procedure law for persons aged 14 to 18 as the most vulnerable category of suspects and accused in criminal cases to ensure their right to defense. The obtained results represent new theoretical and practical provisions describing the main distinctive features of the right to defend a minor suspect or accused in the criminal procedure of the Russian Federation.
The article is devoted to the analysis of goals, objectives and methodological apparatus of economics and law. The paper notes that, despite the mismatch of tasks and the difference in the methodological apparatus, economics and jurisprudence are complementary scientific knowledge. The importance of economic analysis in the study of the effectiveness of law is indicated. The author summarizes the conclusions and judgments in the study area.
Der Zusammenhang zwischen den Begriffen Recht und Gerechtigkeit ist ein zentraler Bestandteil politischer Debatten in Zeiten radikaler sozialer Veränderungen. Das Recht wird in der modernen Wissenschaft als spezifische Form sozialer Organisation definiert und tritt als Wert, Norm und Fakt in Erscheinung. Eine komplexe Betrachtung des Rechts als mehrdimensionales Phänomen ist nur unter Berücksichtigung aller dieser drei konkurrierenden Parameter möglich.Im folgenden Beitrag werden aus der Position der Kognitionstheorie die grundlegenden Parameter von Recht und Gerechtigkeit bei der Lösung von Schlüsselproblemen des gesellschaftlichen Umbaus in der Übergangsperiode vorgestellt.
As for now, Russia has no particular law that regulates genome editing as such. Nevertheless, there are a number of instruments that can be considered applicable to this technology taking into account that genome editing is one of the gene therapy methods thus falling into the wide range of engineering technics used in medicine, biology and in medical biology (biomedicine) – i.e. spheres that are more or less regulated in Russia either nationally or through supranational treaties or recognition of international standards.
In this paper, three major aspects of the regulation in this field will be described: (1) gene therapy issues within medical and pharmaceutical law; (2) patent issues within general patent law; (3) ethical issues.
This collection contains the materials of the IV scientific-practical conference with international participation “State and law in a changing world: the legal system in the context of the informatization of society”, which was held on March 29, 2018 in the Volga branch of the Russian State University of Justice. The articles included in the collection make it possible to comprehensively evaluate the problems of informatization of society and the legal system with legal, historical, theoretical, socio-humanitarian, communicative, educational and other positions. The collection is intended for teachers, graduate students, undergraduates, students of law schools, state and municipal employees, government officials and all interested in issues of state and law.
The collective monograph is devoted to pressing issues of business development in the context of improving entrepreneurial, corporate, environmental and civil legislation. The material is presented taking into account the latest changes in legislation, as well as currents from law enforcement agencies (judicial authorities, the Federal antimonopoly service, prosecution authorities, etc.). The trends of development and improvement of legislation and the impact of short stories of legal regulation on the development of relations in the business are shown. The legislation is as of April 10, 2020. The book is intended for a wide range of readers. The monograph can be recommended to teachers, scientists, practicing lawyers, lawyers, postgraduate students, law students and anyone interested in entrepreneurial, corporate, environmental and labor law.
The article examines the political and legal ideas of Alexei Borovoy, a Russian anarchist thinker of the early 20th century and author of the anarcho-humanism theory, which represents an original anti-state doctrine and rethinks the established positions of classical anarchism. Borovoy was influenced by a broad variety of ideas, and the evolution of his views can be conceptualized with a Hegelian triad: the Marxist thesis, the individualist antithesis, and the blending of personalistic and existentialistic attitudes with syndicalist practice as the synthesis. He presents anarchism as a constant striving towards an individual’s self-liberation through the negation of social reality; and this striving shall be seen as a universal condition for the development of all mankind rather than some social utopia project. By revealing the irresolvable antinomy between individual and society, his philosophy predicates the anti-finalist spirit of anarcho-humanism. Determined by the aforementioned beliefs, Borovoy’s criticism of the state and other “social fetishes” still deeply rooted in the human mind is followed by an analysis of his critique of anarchism itself and the debate with Kropotkin and other libertarian theorists. Borovoy postulates that the state is historically necessary and describes the range of factors that have brought it about. The criticism of the state system as the quintessence of organized power leads Borovoy to a detailed deconstruction of parliamentarism, the only objective of which is to preserve the status quo that can be summed up in the following six points: (a) the class nature of parliaments and the fictitious power of popular will; (b) the tyranny of the masses; (c) parliament’s subordination to the government; (d) the opportunism of political parties; (e) the hypocrisy of election procedures; and (f) non-professionalism of parliamentarians. Borovoy defines the law as actual relations formed in the course of life and originating mainly in the human mind that should be regarded as part of the psychosocial current of legal thought. From his criticism of the law that is made ex parte by those in power and becomes necessarily coercive and precluding voluntary acceptance of social obligations, Borovoy turns to the law based on conventional norms established by common agreement and commonly supported and accepted. However, similarly to the “anarchist ideal”, his approach offers an unlimited freedom to exercise human abilities, but fails to suggest any reasoned, specific, and consistent principles to serve as a basis of this law, and sticks to general and abstract formulas
The author talks about the state in the context of globalization, about the features it should have in order to confront the current challenges. As a result of globalization processes, according to many researchers, the role of the state has become increasingly contested both within the state and at the international level. States are forced to develop in a more open and interdependent world, as a result they are going through a fundamental transformation of the underlying rationality. At the same time, the state in the realities of the global system is becoming one of the main tools to adapt society to the new conditions. In order to fulfill its role effectively, the government must meet the latest requirements and possess certain characteristics. The author offers a definition of the state: the state — a condition of social communication, constructed and institutionalizing at a certain stage of development of society, characterized by unity of the public authorities and the people, united by the law and territory. From this definition shows the following constitutive features of the state: social communication, institutionalization, the unity of the public authorities and the people, law and territory. The author provides an analysis of each of these features, puts attention to the great role of the legal and spiritual communication as a link between the foundations of society and the state.