Law

Introduction. Modern realities require that customs authorities should improve the quality of customs administration. However, despite the wide use of this concept, its content is still not clearly defined either at the level of legislation or in the scientific literature. Purpose. The main goal of the work is to study the concept and content of customs administration, which is especially important in the context of the functioning of the Eurasian Economic Union. Results. The study of the institution of customs administration contributes to the correct consolidation of the concept in scientific, reference literature and legislation. Conclusion. Customs administration is considered as the functioning of the management system in the field of customs that helps implement the law enforcement and fiscal functions of customs bodies and increase the reliability and quaulity of customs formalities. Possible ways of improving the institution have been proposed.

Introduction. Universal scientific criteria have their own specific application in law, this is due to at least two circumstances. First, universal scientific criteria are developed in the conditions of the classical philosophical picture of the world, and the question of revision of the system of universal scientific criteria was actualized in the era of post-non-classical philosophy, since not all of them are able to “work” in irrational conditions. The second is related to the general nature of universal criteria that do not take into account initially the features of the object-subject area of legal sciences. This circumstance, coupled with the lack of disciplinary criteria of legal knowledge, “coarsens” the effectiveness of the application of universal criteria to the assessment of legal knowledge for scientific purposes. Accordingly, a combination of, a set of criteria of scientific character in relation to a particular legal phenomena can be varied. These issues require careful study in connection with the emergence of new social phenomena that require legal understanding, the introduction of definitions of their concepts in the categorical apparatus of the general theory of state and law. Purpose. The purpose is to consider the set of universal scientific criteria that are necessary and suitable for the standardization of legal knowledge. Results. Due to the fact that the system of such individual (disciplinary) settings did not work, the universal standards of knowledge developed in philosophy of science are used as the criteria of scientific character of legal science. They represent a complex system of foundations of science, consisting of theoretical and logical, and empirical parameters. However, they are often insufficient for quality assessment of legal knowledge. The article considers how to apply some of the theoretical and logical scientific criteria for the identification of the scientific foundations of different legal phenomena. In other words, it is shown under which conditions (if there are grounds) legal phenomenon can be the object of scientific analysis. Conclusions. Thus, the scientific criteria are necessary evaluation parameters of state-legal phenomena, allowing to standardize legal knowledge. Their system, features of the application depend on the object and subject of science, historical and socio-cultural conditions, as well as the prevailing (dominant) methodology.

Introduction. The article substantiates the judgment about the lack of regulation of the issue of interaction between the state and political parties: the law stipulates neither the principles nor the form, nor the order, nor the sphere of interaction of political parties with the state. There is no mechanism for taking into account and implementing the recommendations and proposals of political parties in the state management sphere, which makes it impossible for political parties to have a real impact on state policy. Meanwhile, the legislation on political parties contains the requirements for the establishment, activities of parties, as well as the system of state guarantees in the information, financial and other spheres.

The purpose is to justify the idea that one can speak of unilateral impact of the state on the parties rather than of parity interaction of the state and political parties.

Theoretical analysis. The legislative regulation of interaction between parties and the state is enshrined only in article 10 of the Federal law “On political parties” in the form of a ban on mutual influence on each other’s activities, which is clearly not enough for effective cooperation. Namely, it should be a condition for the full development of political and state-legal systems. The lack of clearly defined principles, forms and methods of interaction between the state and political parties led, firstly, to the state’s influence on political parties, primarily through the system of financial and information resources provided to the parties participating in the elections, and, secondly, to selective control over the activities of political parties, which leads to inequality of the actual situation of the latter.

Conclutions. The analysis of the Russian legislation has shown that the multidimensional goal of creation and activity of political parties in Russia cannot be realized, as political parties are in subordinate position when interacting with state, as there are no effective guarantees and mechanisms of influence on the state legal life.

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.