институт права
Innovative Activity аs Legal Institution |
In article modern problems of legal regulation of innovative activity in the Russian Federation are considered. The author proves the position according to which there are all necessary theoretical preconditions considering innovative activity as interbranch institution of the Russian law. |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2011. vol. 11, iss. 2 |
Complex Institutions in the Law System of the Russian Federation |
Law system has a complicated formation caused by several external and internal reasons. In actual conditions of intensive development and transformation of the public relations the law can not remain static. Its structure changes permanently. These changes not always are visible, caused first of all by new structure elements. More often such changes happen on the functional level of elements’ interaction. Methods. Methodological basis of the research is an internal interconnected complex of knowledge methods: system-structured, functional, logical. The basic method is materialistic dialectics, which allowed the author to investigate complex formations in connection and interdependence with other components of the law system and with the subject of their legal regulation. Results. The author emphasizes 3 principal features of complex structure community. Organizational feature is connected with external display of the complexity of the structure element of the law system. This feature allows to reveal a potential complex law formation, but is not an obligatory one. The idea of the organization feature consists in the following: the norms of one law branch are fixed in a legal act being a source of another law branch. The second feature of a complex formation is its subject of legal regulation, which as a rule matches with the subject of legal regulation of a particular law branch, adopting a legal norm from another law branch. An exclusion is the law communities being in process of formation, isolation (in transformation from complex internal branch institution to a separate law branch). The third feature of the complex formation is a reservation of branch attribution of adopted norms, which displays as in reservation of juridical construction of legal norm, identity of legal construction, and internally – in identity of regulative action. |
Izv. Sarat. Univ. Economics. Management. Law, 2013, vol. 13, iss. 3(1) |
The Legal Regime of State and Municipal Information Systems |
Introduction. State and municipal information systems are the most important tools for building the platform of e-government and of the digital economy. Systemic study and improvement of their legal support is possible through the category of “legal regime”. Theoretical analysis. Administrative and object legal regimes are singled out. The legal regime of information systems refers to the objective ones. The legal regime of the state (municipal) information system is a set of interrelated legal means to achieve the desired social effect of using the state (municipal) information system. Empirical analysis. Structurally legal regime is a system of interrelated and interacting elements, among which normative and non-normative elements can be singled out. The purpose of establishing a legal regime, the principles of the institution of state and municipal information systems are of particular importance among non-normative elements. The block of normative elements is formed, first of all, by the norms determining the legal status of participants in information relations related to the creation and use of state and municipal information systems. Results. There are the following mandatory regulatory elements of the legal regime of the state (municipal) information system: the purpose of creating and designating an information system; requirements for the composition and content of the information resource; requirements for technical, software, linguistic support of the information system; requirements for the processes of creating an information system (including commissioning, modernization, decommissioning); the legal status of information providers; the legal status of users of information; legal status of the information system operator. |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2018. vol. 18, iss. 4 |