scholarly journals White Sea Canal: the experience of ensuring transportation safety under the conditions of the first confessional agreements of the Moscovian State of the XVI-XVII centuries

2020 ◽  
pp. 40-52
Author(s):  
Aleksandr Ivanovich Sidorkin
Keyword(s):  
Transportation Safety ◽  
Legal Analysis ◽  
Administrative Monopoly ◽  
Normative Documents ◽  
Foreign Countries ◽  
State Practice ◽  
Sea Transportation ◽  
Archival Documents ◽  
The Subject

The subject of this article is the problems associated with ensuring transportation safety n the Moscovian State of the XVI-XVII centuries. The author examines the conditions and causal links that influenced the choice of certain measures for ensuring transportation safety. Analysis is conducted on the new to the Moscovian State practice of granting administrative monopoly on ensuring transportation safety to meet the interests of the representatives of certain foreign countries and corporations. The factors substantiating the implementation of administrative monopoly are explained. The algorithm for resolving the cases associated with infringement on the security of English transports in the Moscovian State is described. The scientific novelty of this research consists in determination of noncompliance of the goals of ensuring transportation safety that were claimed in the normative documents (Charters of the Russian tsars of the XVI-XVII centuries) with the actual capabilities and practice for its provision. The conclusion is made that the guarantees of the English sea transportation indicated in the charters of Moscovian tsars should be viewed merely as the declaration of good intentions, rather than factual help. The comparative legal analysis of archival documents allows establishing the fact the English kings interpreted charters of the Moscovian tsars on their own behalf, granting the English nationals the rights and privileges in the area of transportation safety.

scholarly journals Women's Institutes in Imperial Russia in the wording of the normative documents (1764 – early XX century): terms, typology, dates

2021 ◽  
pp. 110-129
Author(s):  
Varvara Vital'evna Ponomareva
Keyword(s):  
Normative Documents ◽  
The Past ◽  
Imperial Russia ◽  
Class Composition ◽  
History Of ◽  
The Subject ◽  
The Russian Empire ◽  
First Time ◽  
Departmental Affiliation

The subject of this research is the foundation of women’s education system in the Russian Empire, namely of the Office of the Institutions of Empress Maria, which totaled up to three dozen by the early XX century. Actualization of the knowledge about the best examples of the Russian school in the past is determined by the fundamental importance of education in the context of ongoing modernization of the country. The topic of Women's institutes of Imperial Russia, which existed for over 150 years, is poorly studied. Despite the extensive source base, in the historical literature one can often come across improper names of the institutes, determination of their departmental affiliation, class composition of the students, as well as incorrect dating and topography. Using the historical-systemic and typological analysis, the author determines and clarifies the conceptual framework of the problematic as a necessary research toolset. The author's contribution to selected topic consists in discovery of a wide variety of sources, including those introduced into the scientific discourse for the first time, accurate names of the institutes and variations in the official documents and everyday practice., their renaming and the causes. The article also traces the dynamics of changes in the class and confessional composition of students since the establishment of the institutes until the beginning of the XX century. Subordination and departmental affiliation at different stages of the history of these institutes is clarified.

scholarly journals THEORETICAL AND LEGAL ANALYSIS OF ETHICAL PRINCIPLES OF ADVOCACY

2019 ◽  
Keyword(s):  
Professional Ethics ◽  
Legal Profession ◽  
Ethical Principles ◽  
Corporate Ethics ◽  
Special Role ◽  
Legal Analysis ◽  
Normative Documents ◽  
The Subject ◽  
The Law

The article states that the bar is a legal institution; stressed the need to instill high moral ideals for future lawyers; it is said that the development of the moral and ethical basis of the lawyer's activity is the subject of lawyer's ethics; noted that questions regarding the ethical principles of advocacy have been the subject of scholarly debate at various times; given the status quo, the subject matter of the study was identified; the role of ethical foundations for the profession of lawyer was determined and determined, the essence of the professional ethics of the lawyer as a whole, the specifics of the lawyer's ethics were investigated; determined that the basis of the lawyer's ethics, considered the moral aspects of the lawyer's activity, taking into account the norms of the current legislation of Ukraine and the Rules of Attorney's Ethics, proposals for improvement of the moral and ethical rules governing the lawyer's activity; it is argued that a lawyer's ethics is a kind of professional ethics of a lawyer; argues that the importance of advocacy ethics is important both in professional communication and at all times; identified the basic components of the legal profession; emphasized that the lawyer should always strive for moral self-improvement; noted the special role of the Rules of Attorney Ethics; The Law of Ukraine "On Advocacy and Attorney-at-Law", the Constitution of Ukraine in the Lawyer's Profession; noted the list of constituent characteristics of the legal profession in accordance with the existing normative documents regulating the said issue, which should not be defiled; it is considered that moral and ethical standards of behavior should be inherent in a person, because thanks to them, the latter will be able to do justly, so awareness of the importance of categories such as honor, dignity, responsibility, competence, conscience, professionalism, corporate ethics help the lawyer to create and maintain business reputation. Based on human considerations, the professional and psychological grounds that would interfere with the lawyer's professional duties include the following: underdeveloped speech, lack of professional knowledge, psychological instability, rudeness, aggressiveness, imbalance. Thus, the most important qualities that a lawyer should have are the following: honesty and integrity, integrity, ethics, modesty and self-criticism; principle and perseverance; moderation; respect for the law, the court and colleagues; lawyer's independence.

scholarly journals STEM education as a factor of national security

2021 ◽  
Vol 18 (2) ◽  
pp. 137-151
Author(s):  
Gulnara A. Krasnova ◽  
Alexander V. Fedotov
Keyword(s):  
National Security ◽  
Education System ◽  
Technological Development ◽  
Foreign Countries ◽  
Study Methodology ◽  
The Subject ◽  
The Impact

Problem and goal. Determination of the place and role of education in the national security system at the present stage based on the analysis of the foreign and Russian regulatory framework, as well as scientific literature on the subject of the study. Methodology. Through the analysis and parallel comparison of the main domestic and foreign regulatory legal acts in the field of security, the key transformations of the perception and vision of education as a factor of national security in foreign countries and Russia were identified, and the causal relationships between the development of the education system and national security were formulated. Results. The problems of national security in all their diversity are significantly related to the state and sustainability of the development of the educational sphere, the impact of which is long-term and has far-reaching consequences in the form of imbalances in the socio-economic, scientific and technological development of the country. Conclusion. The formalization of existing approaches to assessing threats to national security and the economic aspects of ensuring national security will allow us to propose a methodology for quantifying the costs of the education system as a whole (or only for higher education), necessary to optimize the impact of education on national security.

scholarly journals Legal regulation of digital services taxation in the European countries

2020 ◽  
pp. 32-46
Author(s):  
Mikhail Aleksandrovich Eremkin
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
Practical Significance ◽  
Normative Documents ◽  
Theoretical Substantiation ◽  
Digital Services ◽  
The Subject ◽  
Scientific Value

The relevance of this research is defined by the fact that in modern realities, the economic activity is carried mostly by means of digital technologies, which requires amendment of legal regulation of the economy overall and tax relations in particular. The subject of this research is the normative documents of separate European countries (Austria, Hungary, Greece, Italy, and France) adopted in recent years and aimed at regulation of taxation of the digital international groups of companies. The goal of this work consists in determination of legal framework for implementation of digital services tax in certain Western European countries, as well as in identification of the problems caused thereof. Practical significance and scientific value of this work lies in the detailed description and systematization of the normative legal acts of the European countries that established the digital services tax on a unilateral basis, which made the information on promulgated laws within the framework of reforms in the European tax system more accessible for the Russian researchers. Based on the analysis of theoretical sources, the author outlines the legal problems and consequences of implementation of the new tax. The conclusion is made that digital services tax requires further theoretical substantiation and more detailed elaboration for overcoming legal uncertainty and compliance with the international legal framework.

scholarly journals Treaty-text Loyalists’ Burden with Subsequent State Practice

2021 ◽  
Author(s):  
Benedict Abrahamson Chigara
Keyword(s):  
International Law ◽  
Journal Articles ◽  
Procedural Law ◽  
Current State ◽  
State Practice ◽  
The Subject ◽  
International Law Commission ◽  
Treaty Implementation

AbstractThe role of subsequent state practice in the procedural law of treaties, and in the determination of consent in the implementation of treaties have become the subject of much scholarly debate in recent times. The UN International Law Commission has devoted copious amounts of study time into these issues under the distinguished guidance of Georg Nolte as Special Rapporteur. Ph.D. theses and research monographs, journal articles and commentaries have appeared on the matter, but the debate persists. At one end of this debate are treaty-text loyalists that reject the potential of subsequent state practice to modify what they regard as ‘solemn oaths’ taken by states when they conclude and adopt a treaty. That ‘temporal declaration of consent’ by states to be bound by a treaty regime is for them sacrosanct. At the other end are analytical jurisprudence scholars who appear to insist upon a purpose test approach to the matter. This article evaluates treaty-text loyalists’ arguments under current state practice on treaty implementation across a number of disciplines. It shows that the view that ‘temporal consent’ supremely prohibits the modification of treaties through subsequent state practice is exaggerated. Moreover, the ‘solemn oaths’ perception of treaties is not supported by recent examples of treaty implementation.

scholarly journals Novelties in the Constitution of the Russian Federation in the area of corruption prevention

2020 ◽  
pp. 1-9
Author(s):  
Ol'ga Sergeevna Sokolova
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Public Authorities ◽  
Municipal Law ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
Corruption Prevention

The subject of this article is the novelties in the Constitution of the Russian Federation, which impose laminations on persons, who fill public and municipal positions. The author applied the method of comparative legal analysis of the norms of Russian law that regulate imposition of anti-corruption restrictions in activity of the federal government branches, public authorities, and local self-governing bodies. Comparative analysis is conducted on the restrictions introduced in new revision of the Constitution of the Russian Federation and the corresponding norms in federal legislation. The author examines the norms of constitutional, administrative and municipal law in the area of corruption prevention, particularly in the context of federative relations that established for regulation of public and municipal service, as well activity of the persons who fill public and municipal positions. The opinions of scientific community on the topic are presented. The article gives assessment to compliance of novelties of the Constitution of the Russian Federation on corruption prevention with the National Anti-Corruption Strategy, and legal positions of the Constitutional Court of the Russian Federation. The scientific novelty consists in determination of the conflicts of norms of constitutional, administrative and municipal law that impose anti-corruption restrictions, and assessment of their legal consequences.

scholarly journals Unification of Conciliation Procedure Acts and Main Parameters (Based on the Federal Law No. 197 of July 26, 2019)

2019 ◽  
pp. 21-39
Author(s):  
Alexander Pleshanov
Keyword(s):  
Conflict Resolution ◽  
Legal Analysis ◽  
Federal Law ◽  
Methodological Basis ◽  
Civil Process ◽  
Alternative Procedures ◽  
Structured System ◽  
The Subject ◽  
Administrative Proceedings

The object of the research is the unification of conciliation procedure acts stated by the Federal Law No. 197 of July 26, 2019 as one of the most important development trends of the civil process. The subject of the research is the acts of the civil, arbitration and administrative legislations as well as researches in the spheres of civil process and alternative procedures of legal conflict resolution. Pleshanov tries to find answers to two questions, about parameters (directions) of the unification of conciliation procedures; and limits of the application of different kinds of conciliation procedures during hearing of civil and administrative cases as well as economic disputes. The methodological basis of the research included the following methods: analysis, synthesis, structured system, formal logical, theoretical prognostic, comparative legal analysis and interpretation of legal acts. The main conclusions of the research are the following provisions. Unification of conciliation procedures implies elimination of differences and contradictions, first of all, in relation to conciliation procedures, secondly, limits of the application of conciliation procedures, thirdly, the order of application of conciliation procedures. As the criteria for determination of the limits of application of conciliation procedures, the author of the article suggests to use the problematic nature of the case and applicability of conciliation results to a particular kind of conciliation procedure. The author also offers different variants of elimination of baseless divergences in the regulation of conciliation procedures in civil, arbitration and administrative proceedings that haven't been eliminated in the process of institutional unification based on the Federal Law No. 197 of July 26, 2019. 

scholarly journals Comparative analysis of criminal legislation of some European countries and Russia in the area of transportation safety

2020 ◽  
pp. 1-16
Author(s):  
Lyubov' Yur'evna Larina
Keyword(s):  
Rapid Development ◽  
Unmanned Vehicles ◽  
European Countries ◽  
Transport Infrastructure ◽  
Transportation Safety ◽  
Legal Norms ◽  
Foreign Countries ◽  
The Subject ◽  
Criminal Legislation ◽  
Practical Recommendations

The subject of this research is the current criminal legislation of a number of European countries and Russia in the area of ensuring transportation safety. Analysis is conducted on legislation of the countries with different legal systems (France, Germany, United Kingdom, and Poland). Special attention is given to the norms that determine the elements of specific offenses. The article also analyzes the penalties that can perform a function of ensuring transportation safety. The author draws parallels between foreign and Russian criminal legislation, outlines their strengths and weaknesses. Due to the rapid development of unmanned vehicles, foreign legislation is examined from the perspective of responsibility for harm inflicted by their usage. The author formulates a number of theoretical conclusions along with practical recommendations targeted at improvement of national criminal legislation. It was established that criminal legislation of the countries under consideration contains the norms aimed at ensuring transportation safety, which relate simultaneously to the description of specific offences and penalties thereof. In many countries, the elements of such offences are differentiated in accordance to various legislative acts. In foreign countries, the elements of offences related to damage or demolition of vehicles or other objects of transport infrastructure are formulated as formal, i.e. they do address any consequences as a mandatory element. Stationary platforms, which play an important role in transport infrastructure, serve as the subject of infringement on transport infrastructure objects. It is underlined that the indicated European countries establish stricter responsibility for the alcohol-related transport crimes than the Russian legislation. There are no special criminal legal norms applicable to unmanned vehicles in the considered legislation.

scholarly journals Economic and legal analysis of the activity of Russian and international strategic alliances in technological sphere

2020 ◽  
pp. 38-51
Author(s):  
Larisa Yur'evna Dobrynina ◽  
Anna Viktorovna Gubareva
Keyword(s):  
Systematic Review ◽  
Strategic Alliances ◽  
Strategic Alliance ◽  
Legal Analysis ◽  
Operational Risks ◽  
Strategic Goals ◽  
The Subject ◽  
Effective Development

The subject of this research consists in determination of legal component of creation and functionality of the technological strategic alliances, taking into account Russian experience and the experience of other countries. The article reveals that the agreement-based strategic alliances are assigned the key position, as such structures ensure sustainable and effective development of technological sector of the economy of each country. Based on the analysis of international and Russian experience, systematic review and author’s conclusions are presented the peculiarities of creation of such structures. The author analyzes the possible forms of establishment of strategic alliance with participation of the Russian companies. The creation of such treaty-based unions may become an instrument for stemming the operational risks for particular participants, since the reduction in transaction costs and influence of synergism of the business approximate an organization to achieving strategic goals. It is underlined that there is currently a number of objective obstacles in establishment of the long-term partnership relations between the Russian and foreign subjects and creation of transnational associations.

scholarly journals ABOUT THE LEGAL RESPONSIBILITY OF THE CENTRAL BANK IN MONETARY LAW

TEME ◽  
2020 ◽  
pp. 001
Author(s):  
Marko Dimitrijevic ◽  
Srdjan Golubovic
Keyword(s):  
Central Bank ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Responsibility ◽  
Legal Analysis ◽  
Compensation Mechanisms ◽  
National Bank ◽  
The Subject ◽  
Monetary Order

The subject of the analysis in this paper is to identify and evaluate the concept of central bank legal responsibility in the contemporary monetary law. In this regard, the research focuses on issues related to the need of clarifying and defining the nature, type and extent of central bank liability and compensation mechanisms for damage that may be caused to third parties in the implementation of the transferred lex monetae in practice. The first part of the paper focuses on the axiological and dogmatic analyses of the legal framework of the central bank, which is governed by the national monetary legislation sui generis, and the interpretation of different legislative solutions in the practice of comparative monetary law in the area of responsibility and legal protection of the central bank. The subject of special interest of the authors is the monetary-legal analysis of the relevant provisions of the Law on the National Bank of Serbia, since in their opinion, a clear determination of the responsibility of the supreme monetary institution is a precondition for its credibility, not only in national but also in the international monetary order, and a conditio sine qua non of creating a reputable and consistent national monetary jurisdiction.

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