restriction

On the doctrinal principles of family law (The case study of the principle of responsibility for violation of family law norms)

Introduction. The article proposes supplementing the system of principles of family law with a new doctrinal principle – the principle of responsibility for violations of family law. Theoretical analysis. The article explores scientific ideas about the system of principles of family law, the features of family legal responsibility, the relationship of protection measures and liability measures in family law. Result. The article concludes that only the sanctions of the moral nature should be attributed to the family-legal sanctions. Property sanctions (compensation for non-pecuniary damage, disinheritance, recovery of losses) are of a civil nature, although they reflect the specifics of family relations. In addition to specific sanctions, the essence of family law liability lies in the special composition of the subjects of these sanctions, as well as the special procedures under which they are subject to application.

 Izv. Sarat. Univ. Economics. Management. Law, 2021, vol. 21, iss. 2
The Restrictions and the Bans Connected with Implementation of Powers of the Judge

Introduction. In article the requirements to judges and also to candidates for the judge’s position provided by the current legislation of the Russian Federation are considered. Similar requirements inherently represent the system of restrictions of constitutional rights of the person and citizen. Theoretical analysis. The analysis of the current legislation allows to draw a conclusion that requirements imposed to the judge represent the bans connected with acquisition of legal status of the judge, and requirements imposed to candidates for the judge’s position – restrictions. Empirical analysis consisting in the analysis law-enforcement and, in particular, jurisprudence has allowed to draw a conclusion that restrictions have to extend not only to candidates for judges, but also to effective judges and also judges in resignation. In other words, not observance of restrictions has to be considered not only as the basis for refusal in appointment to the post, but also as the basis of dismissal of the judge. Results. The conducted research allows to draw a conclusion, on need to enter into the Law on the status of judges the standard terms of restriction and the bans in the legislation on anti-corruption connected with implementation of certain types of public professional activity.

 IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2018. vol. 18, iss. 1
Legal Advantages and Restrictions in System of Regulation of the Labour Relations

Introduction. In modern state and legal and economic conditions as one of the perspective directions of increase of efficiency of employment relationships, eradication of discrimination use not imperative (regulations instructions, restrictions, prohibitions), and residuary rules acts. The regulations benefits assuming establishment for certain subjects of privileges and privileges concern to the last. Theoretical analysis. The analysed legislation of the Russian Federation has allowed to establish the characteristics of regulations about legal benefits in employment relationships caused by need of differentiation, a social orientation. The main objective of work consisted in structuring, a typology of legal benefits in the sphere of regulation of employment relationships on the basis of theoretical ideas of them, and also taking into account specifics of the industry right. Precepts of law about privileges, privileges to workers and the employee act as a component, subinstitute of the theory of legal benefits in the Russian legislation, than their communication with other standard material of system of a labor right proves to be true. Results. Following the results of the conducted research we come to a conclusion that differentiation in employment relationships has the dialectic nature, is provided with legal benefits in the form of privileges, privileges to separate categories of persons, and is equal also additional restrictions. It is justified only in case of their balance and compliance to the state and public concerns and requirements

 IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2017. Т. 17, вып. 2