scholarly journals The history of the formation of notariat in Kostroma land

2019 ◽  
pp. 210-213
Author(s):  
Ivan N. Mel'nikov ◽  
Ol'ga A. Smirnova
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Local History ◽  
The State ◽  
Judicial Reform ◽  
Legal Analysis ◽  
Current State ◽  
History Of ◽  
History Of Law ◽  
State Archives

The article is devoted to the study of the process of formation of the institution of notaries in Kostroma land. The work identifi es the main stages of the development of the institution of notaries in the development of the state and the sources of legal regulation of this area of law enforcement. In the process of the historical and legal analysis, the peculiarities of the practical activity of notaries, refl ected in the documents which are stored in the holdings of the State Archives of Kostroma Region, are revealed. Particular attention is paid to the implementation of the judicial reform of 1864 and its role in the formation of the Russian notariat. The main purpose of the work was to assess the infl uence of historical experience on the current state of the institution of notaries, as well as to identify lost traditions in this area of jurisprudence. The results of this study may be of interest to specialists in the fi eld of history of law and local history.

scholarly journals Crime in Kharkiv and Its Counteraction in 1880

2021 ◽  
Vol 80 (1) ◽  
pp. 86-92
Author(s):  
В. А. Греченко ◽  
О. М. Гончарук
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Point Of View ◽  
Judicial Reform ◽  
Law Enforcement Agencies ◽  
History Of ◽  
History Of Law ◽  
Peasant Community ◽  
The Russian Empire ◽  
The City

There was a significant crime growth in the Russian Empire In 1880s in general and in particular on Ukrainian territory that was part of the Empire at that time. It was influenced by a set of reasons of political, social, organizational, economic and psychological nature, including the disintegration of the peasant community, the proletarianization of the peasants and their influx into the cities. The authors of this topic have considered two aspects of the problem: the history of crime prevention in the late XIX century, whose experience always remains relevant, and the history of Kharkiv of the same period, which is also interesting from a scientific point of view. The topic is insufficiently researched; the authors did not find publications where it would be specially researched. The researchers set out to reveal the main aspects of crime in Kharkiv in 1880s and some measures to combat it. This purpose is specified in the following tasks: to identify the main general factors in the crime growth in the country during this period; to consider some aspects of crime in Kharkiv that have not been studied so far: a) abuse at customs; b) the fight against alcoholism; c) combating prostitution. The authors for the first time in the historical and legal literature have studied the main aspects of crime in Kharkiv in 1880s, have highlighted the prehistory and the course of the resonant Kharkiv trial of 1885 on abuses at customs. The main directions of the fight against alcoholism have been revealed. The state of counteraction to prostitution in the city has been studied. The issue of the main reasons for the rapid growth of crime during that period has been supplemented. The authors have used the historical principle of research while writing of the article; processes, events and facts were studied in chronological order taking into account the socio-political situation of that time. The principle of objectivity, which the authors tried to adhere to, meant relying on the facts in their true meaning. Each historical and social phenomenon has been considered in its diversity and contradiction, in the aggregate of both positive and negative manifestations. The Kharkiv trial of 1885 demonstrated the shortcomings of the Judicial Reform of 1864, the activities of lawyers and the jury. Counteracting alcoholism and prostitution in the city was formal and ineffective. The operation of whorehouses was regulated by the state, which understood its task only in combating the spread of sexually transmitted diseases and combating mischief in the locations of whorehouses. The materials of the article can be used while teaching the disciplines “History of State and Law of Ukraine”, “History and Culture of Ukraine”, special course “History of Law Enforcement Agencies of Ukraine”, for writing monographs on the history of law enforcement agencies, the history of Kharkiv.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

scholarly journals A Review of a Monograph Anti-Corruption Security Measures: monograph / E.A. Akunchenko, S.P. Basalaeva, M.A. Volkova et al.; edited by N.V. Schedrin, I.A. Damm. Krasnoyarsk, 2020. 430 s.

2020 ◽  
Vol 12 ◽  
pp. 35-39
Author(s):  
Igor M. Matskevich ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Research ◽  
Legal Regulation ◽  
The State ◽  
Security Measures ◽  
Current State ◽  
Scientific Ideas ◽  
Rule Making

The collective monograph ‘Anti-corruption security measures’ is being reviewed. It is noted that the study was carried out on the basis of the current state of legal regulation of the fight against corruption, the tasks of anti-corruption security were determined, well-founded conclusions and recommendations were formulated for creating a system of measures for such security. The study of anti-corruption security measures is relevant for the development of the science of criminal law and criminology, as well as the sciences of related fields of knowledge. Scientific ideas, analysis of legislation and law enforcement practice can be useful for further scientific research on anti-corruption measures, in rule-making activities in order to prevent corruption in the life of society and the state.

scholarly journals On the organization of the work of regional offices of the Ministry of Internal Affairs of Russia and the Federal National Guard Troops Service connected with the collection of illegal guns, ammunition and other types of weapons from the public

2020 ◽  
pp. 40-51
Author(s):  
Vadim Igorevich Surgutskov ◽  
Ol'ga Sergeevna Goman
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
National Guard ◽  
Legal Regulation ◽  
Gun Control ◽  
Legal Analysis ◽  
Current State ◽  
The Social ◽  
General Scientific ◽  
Internal Affairs

The research object is the social relations in the sphere of gun control. The research subject is the federal legislation, regional laws and departmental regulations formalizing the jurisdiction of the Ministry of Internal Affairs and the National Guard Troops Service to collect illegal guns from the population on a remuneration basis. The purpose of the research is, based on the analysis of laws and law enforcement practice, to develop suggestions and recommendations aimed at the improvement of organization of the collection of illegal arms from the population on a remuneration basis. The research methodology is based on general scientific and specific research methods, such as the axiomatic, hypothetico-deductive, comparative-legal, historical-legal, system-structural, formal-logical, statistical and sociological methods. The authors consider the problems and carry out the critical analysis of the current state of the Russian legislation regulating the actions of law-enforcement (police) bodies aimed at the collection of illegal arms from the population on a remuneration basis. The authors carry out the historical and comparative-legal analysis of such activities in Russia and abroad; analyze regional laws aimed at the harmonization of social relations in the sphere under consideration; formulate the suggestions about the improvement of legal regulation of the collection of illegal guns from the population on a remuneration basis. The scientific novelty of the research consists in the fact that it is one of the first works published in the recent years offering the solution to legal and organizational problems faced by the Ministry of Internal Affairs and the National Guard Troops Service during the collection of illegal arms, guns and other weapons from the population.   

Окремі проблеми визначення ефективності правового регулювання та ефективності його механізму з урахуванням їх проявів у сфері прикордонної безпеки України

2019 ◽  
Vol 24 ◽  
Author(s):  
О. Б. Ганьба
Keyword(s):  
Law Enforcement ◽  
Regulatory Mechanism ◽  
Legal Regulation ◽  
The State ◽  
Border Security ◽  
Legal Consciousness ◽  
Right Wing ◽  
Public Authorities ◽  
Current State

The article analyzes the approaches of various scholars to determine the effectiveness of legal regulation and its mechanism as general theoretical categories and manifestations of their effectiveness in the field of border security of Ukraine.The author points out that most scientists limit their coverage to the effectiveness of legal regulation as a whole, bypassing the problem of the effectiveness of its mechanism. Attention is also drawn to the fact that some researchers in their scientific works generally ignore the coverage of both the effectiveness of legal regulation and the effectiveness of its mechanism.The paper proposes factors to determine the effectiveness of legal regulation and its mechanism by various scholars. At the same time, the factors that reduce such efficiency are listed. Among them, the author calls, first of all, the following: backlog of rulemaking from new challenges and threats that take place in the field of Ukrainian border security; the complexity and multifaceted application of the rules of law in the field; the state of legal consciousness and legal culture of the subjects of right-wing activity, as well as the current state of economic, political and law-enforcement development of society and the state as a whole; quality of staffing of the legal and regulatory activity of public authorities, etc.It is argued that the categories of “regulatory effectiveness” and “regulatory mechanism effectiveness” are not identical, and the author proposes five positions to delineate the investigated efficiencies.Finally, the paper emphasizes that proving the lack of an identity between the effectiveness of legal regulation and the effectiveness of the regulatory mechanism will allow the further use of these valuation concepts as different, though closely related.

scholarly journals Interaction between church and state in light of constitutional amendment with the mention of “faith in God”

2020 ◽  
pp. 23-37
Author(s):  
Aleksei Igorevich Ovchinnikov ◽  
Gennadii Viktorovich Nefedovskii
Keyword(s):  
Human Rights ◽  
Church And State ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Amendment ◽  
Legal Analysis ◽  
Russian Orthodox Church ◽  
Foreign Countries ◽  
History Of ◽  
Liberty Of Conscience

The subject of this research is the constitutional amendment related to mentioning the name of God in the context of interaction between the Russian Orthodox Church and the state in the conditions of establishment of a new postsecular reality. Attention is turned to the new trends in state legal development of Russian and foreign countries, caused by more tolerant and friendly attitude of government institutions to religion. Analysis is conducted on “pros” and “cons” of this amendment from various perspectives: legal values, history of state and law, human rights to liberty of conscience. The objections against this amendment are viewed through the prism of arguments of secularity of the state. Research methodology is based on the axiological, historical and comparative-legal analysis of the problem. The main conclusions consist in the following statements: it is necessary of acknowledge the promptness of constitutional recognition of such value as “faith in God” from the position of the common  unifying idea in terms of the Russian federalism; such amendment would contribute to more effective legal regulation of the religious rights and freedoms; it would regulate state-confessional relations; constitutionalization of religious values leads to insurance of human rights to liberty of conscience, as well as protection of the feelings of believers and religious security of the society. Acceptance of constitutional amendment with the mention of “faith in God” is reasonable and timely; and its placement within the Chapter of “Federal Structure” is justified, although in would be more appropriate in the preamble.

scholarly journals LEGAL INTERPRETATION IN RUSSIAN LAW: THE UNITY OF THE METHODOLOGICAL AND ACTIVITY APPROACHES

2019 ◽  
Vol 23 (2) ◽  
pp. 200-218
Author(s):  
Yulia A. Gavrilova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Interpretation ◽  
Legal Analysis ◽  
Legal Norms ◽  
Wide Range ◽  
History Of ◽  
Russian Law ◽  
Scientific Attention ◽  
Modern Russian

The problem of legal interpretation in Russian jurisprudence is characterized by an extremely wide range of opinions: from formally dogmatic to postmodern. Every scientist tries to see in the interpretation something «his own». A number of scientists believe that it is possible to discuss the terminology of the question, in particular, the distinction between «interpretation» and «explain». Others consider that the purpose of studying the interpretation is to find the best ways to understand the laws published in the state. For the third, the interpretation is interesting in that it lies at the basis of the discretion of officials in the course of practical work on resolving legal disputes, and this raises questions of the limits of interpretation. For the fourth, the interpretation has the status of an ideological toolkit for solving social problems, for example, in constitutional judicial proceedings. The current doctrinal state of the interpretation problem lags behind the needs of legislation and legal regulation practice. Therefore, the changes in the passport of a scientific specialty 12.00.01 - the theory and history of law and the state; the history of the doctrine of law and the state, which singled out the legal interpretation as an independent method of the study of law, requires due scientific attention. The purpose of the article is to give the author's a generalized idea of the place and meaning of legal interpretation in modern Russian law on the material of available scientific literature. Research methods: formal legal, analysis and synthesis, modeling, extrapolation. The results of the study. The age-old disputes over legal interpretation among scholars and practitioners lawyers, philosophers, politicians are explained by the polysemy of the term «interpretation», which allows considering it, according to the author’s article, in two fundamental meanings: narrow and broad. In a narrow linguistic sense, interpretation is a combination of linguistic methods for analyzing legal texts. In a broadly discursive sense, interpretation is perception, translation (decoding) and extracting the meaning of any legal phenomena. Separately highlighted are the methodological and activity aspects of this problem, focusing respectively on modern approaches to interpreting the phenomena of the entire legal life of society, as an integral part of legal discourse, and traditional approaches to interpretation as special activities aimed at understanding the meaning of textually fixed legal norms using special technical-legal means. It is concluded that the generalized consideration of legal interpretation in modern Russian law is necessary in the unity of the methodological and activity aspects.

State policy and public opinion on the formation of the institution of police village constables

2020 ◽  
Vol 2020 (2) ◽  
pp. 10-18
Author(s):  
Chingiz Ahmedov
Keyword(s):  
Law Enforcement ◽  
Rural Areas ◽  
State Policy ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
Public Order ◽  
Historical Sources ◽  
History Of ◽  
The Russian Empire

The article is devoted to the history of the formation and legal regulation of the activities of the lower ranks of the county police of the Russian Empire from the first half of the XIX to the beginning of the XX century. The rea-sons for the introduction of police custody in the territory of Astrakhan, Baku, Kazan, Nizhny Novgorod, Perm, Samara provinces and the Kingdom of Poland are considered by the author. The position according to which in the second half of the XIX century the im-portance of protecting public order and public safety in rural areas was actualized in the state policy of the Russian Empire is substantiated by the author. The reasons for that were the reforms carried out at that time. The most important reform was the abolition of serfdom. The lack of a sufficient number of police officials in the coun-tryside, erforming law enforcement functions, was the reason for the introduction of the institution of police village constables. On the basis of archival and other historical sources, the article shows that the activities of police village constables from the state bodies and the liberal press were evaluated differently: state structures noted the positive results of the activities of police village constables to ensure public order and the safety of society and the state; in contrast, the liberal community absolutized the distrust of the activities of police village constables and the lack of their support from the population. The existing contradictions between society and the state were one of the reasons for the destruction of the law enforcement system and the collapse of the Russian Empire itself.

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