Law

To the Question of the Legal Status of People

Introduction. Stable development of Russia as a multinational democratic state requires consideration not only of the characteristics of a nation as a historical and cultural community of people living on the same territory, and the determination of its constitutional-legal status as a subject of Vlastnosti. Purpose. The main aim of this work is the justification of the legal personality of the people as the owner of statutory measures of behavior and participant regulated by legal norms of social relations. Results. The authors considered the scope and content of the exclusive constitutional legal status of the people as a special collective subject. Availability of generic legal capacity allows people not just to be a subject of law, and member of the constitutional legal. In this regard, are considered forms of realization of the constitutional legal status of the people within specific relationships, as well as indirectly, through various socio-political institutions. Conclusions. The authors come to the conclusion about the necessity of clarifying the constitutional-legal status of the people.

The Participation of Citizens in Managing the Affairs of the State Through the Activity of Political Parties at the Local Level

Introduction. The article is dedicated to analyze questions and opportunities of participation of citizens in managing the affairs of the state through the activity of political parties at the local level. Object. The main point of the article is to analyze a regulatory framework of improving political parties’ activity at the local level ensuring the realization citizens’ rights of the participation in managing the affairs of the state. Results. The author has completed his research of Russian legislation, practice of parties’ participation in resolving local issues in the CIS counties and in the world, benchmark of Russian parties’ activity in resolving local issues. He proved that opportunities of citizen participation in government process are increasing simultaneously with the increase of number of elected local officials. Proper realization and enforcement of this citizens right to influence government on the local level and participate in management is exactly the point where political parties have growing opportunities and should be more active. Conclusion. Author concluded that parties’ activity on the local and regional level is not enough and it doesn’t confirm the priorities of the development of civil society and the political system. Author discovers roots about the opportunity of improving efficiency of political parties’ activity and the realization citizens’ rights of the participation in government process based on principles of the Russian Constitution and the legislation of the political parties. There is also a list of problems is formulated. The political parties could play a major role solving these problems.

Sexual and Reproductive Rights and Freedoms in the Constitutions and Legislation of Foreign States

Introduction. The United Nations and the World Health Organization are completing the formation of an international system of sexual and reproductive rights and freedoms, carrying out the implementation provisions of this system into national law. The ongoing process obeys to a number of general rules, whose analysis is carried out in this article. Object. Universal patterns in the development of sexual and reproductive rights and freedoms, using as illustrations of this development the constitutions and the laws of India, Switzerland and Gabon. Results. The author analyzes the constitutional establishment and regulation of sexual and reproductive rights and freedoms in the studied countries. The studied countries are located at different stages of the process of achieving the highest possible level of compliance and protection of sexual and reproductive rights and freedoms. Conclusion. The process of achieving the highest possible level of compliance and the protection of sexual and reproductive rights and freedoms proceeds inductively. The article presents a model of this process.

Procurement of the Constitutional Principle of Secret Ballot During Electronic Voting in the Russian Federation

Introduction. Intensive application of information technology in the electoral process is an inherent part of social development, and modernization of technical equipment for voting is an inherent part of development of the information society in Russia. The significant reform of the electoral process through the introduction of electronic voting has been going in the Russian Federation since 2000. Purpose. The main purpose consists in analyzing modern problems of procurement of the constitutional principle of secret ballot during the electronic voting in the Russian Federation and improvement of legal regulation in this sphere. Results. An acute issue of violation of the constitutional principle of secret ballot arises as far as the analysis of modern electoral processes is concerned. Nowadays modernization of technical equipment of stationary voting in accordance with the current needs of the information society does not lose its relevance. Applying remote voting as the basic method requires development of special secure software to prevent hackings. Conclusion. The author concludes that introduction of electronic voting and necessity of its technical procurement and legal regulation in order to comply with all the principles of the electoral process are very important.

Legal Definiteness: Formal and Material Aspects

Introduction. One of the major constitutional requirements to the legal law is the requirement of its legal definiteness. However this re- quirement isn’t limited to definiteness of a legal form, but assumes the accounting of material or actual aspect of definiteness of the right. Theoretical analysis. In article legal definiteness through a dichotomy of its formal and material aspects is considered. The author comes to a conclusion that characteristic approach for domestic law to the right as to a form isn’t gnoseological indisputable. Results. Proceeding from the carried-out analysis the author allocates various aspects of formal and actual definiteness in the right, and also proves need of expansion of tool base of science of the theory of the right and a constitutional law. In particular, as one of perspective gnoseological paradigms sociocultural approach to the right is.

Public Service Announcement and Propaganda: Multiplicities of Legal Regulation

Introduction. The problem of protecting the population from the negative information environment and information security very acute at the present time in modern Russian society. A large amount of information we collect is of a destructive nature and forms of antisocial, marginal behavior, and therefore we need to search for actual information dialog, which would be implemented within the legal field. There are many forms of information interaction between government, society and citizens. Some of these forms are advertising and propaganda. Methods. Methodological basis of research is comparative legal method that enabled the author to conduct a comprehensive comparative analysis of the category «propaganda» and «social advertising», peculiarities of legal regulation. To conduct the study was also used formal legal method, analysis method, induction and modeling that enabled the author to propose changes to the current Russian legislation and justify their necessity at the present stage of development of the Russian legal system. Results. The author investigated the Russian legislation on the subject of legal regulation of social advertising and propaganda, conducted a comparative legal analysis of these categories according to their purposes and functions. Highlighted the problem of lack of legal term «propaganda» in modern Russian legislation, leading to legal uncertainty. Conclutions. The author comes to the conclusion about the lack of legal regulation of the institute of social advertising in the Federal law «On advertising», since the latter is almost contrary to the whole nature of advertising, and therefore it is important not only to define the social advertising should be clearly defined criteria that must be met for social ads and place them in the Federal law «On charitable activity and charitable organizations».

The Role of Public Control to Ensure Democratic Elections in the Russian Federation

Introduction. The article analyzes the features of international and constitutional legal regulation of public control over elections. Object. The main object of this paper is to study Russian and international legal acts that perpetuate public control over the electoral process as a necessary element of the organization and conduction of democratic elections and genuine. Results. The author analyzes the Russian and international legal framework regulating features of the organization and conduction of public control in the electoral process. It is shown that the effective functioning of the public authorities need to exercise social control at the time of their formation. The main condition for the realization of free and democratic elections is to use at all stages of the electoral process, a control mechanism. Conclusion. The author concludes that in international legal acts openness and public control act as an essential condition for democratic elections. Domestic legal system accepted the conditions of the most important international legal approach , institutionalized and putting into practice the basic forms of social control mechanism at all stages of the electoral process. In recent years, Russia had made serious steps to ensure public control over elections, including the establishment of the necessary legal framework. However, it is necessary to develop and adopt a separate law that secures the basic principles and forms of public oversight of elections in Russia.

Definition of Real Estate: Theory and Practice

Introduction. It would seem that the legislative definition of immovable property, enshrined in Art. 130 of the Civil Code, simple and clear. It legislator have criteria by which it can be identified and outlined a short list of real estate. However, you understand in more detail in theory, a lot of questions, and even in practice very often taken out different solutions. Theoretical analysis. This article examines the doctrinal and practical problems arising in the interpretation and the designation of a property to the real estate, and offers some options out of the situation. In this study, using methods such as analysis, synthesis, comparativelegal. Conclutions. The result of the study is to identify the need to revise the current legislative definition of immovable property.

The Soviet State Policy for Men in the Sphere of Pension Provision

Introduction. The article is devoted to the research of Soviet period legislation in the sphere of pension provision for men and women in the USSR. Discussion. As the result of the research of the Soviet state legislation the author, places emphasis on pension
provision for men in the USSR. The special attention is paid to criteria which were used by the Soviet state while defining retirement age for men and women. The author draws a conclusion that the legislation of the Soviet period was stable and reliable. Conclusion. As the result of the analysis of the Soviet state policy for men in the sphere of pension provision, the author comes to the conclusion that the legislation of the Soviet period until 1925, equalized the legal status of men and women in the sphere of pension provision. However, the establishment of different retirement age for men and women led to the emergence of gender discrimination of men in the sphere of pension provision.

The Nature of Non Jurisdictional Process: Logiko-gnoseological Aspect

Introduction. The modern legal sphere is characterized by the destruction of binary structure based on the balance of two systems of social and economical development. This had in impact on the increasing role and importance of the non-jurisdictional process based on rationalism and functional structuralism. Theoretical analysis. The article deals with the relations between form of action, procedure, and legal process to profoundly understand the nature of the non-jurisdictional process. As a result we come to a conclusion that legal relations are a universal form of action, the structural elements of which are process and procedure. Russian legislation is analyzed on the subject of normative base of the non-jurisdictional process. One of the conclusions made in the article is that non-jurisdictional process consists of action of bearers of rights and duties to provide their legitimate interest by the consequent change of the stages or conditions, which reflect the relations of the will and interest. The article touches upon the specific features of the non-jurisdictional process: the absence of dispute about rights; the presence of not less than two concerned parties; legal order as a form of action of non-jurisdictional process; the freedom of will to provide legitimate interest; conscious and volitional nature of the non-jurisdictional process. In the article the types and subtypes of the non-jurisdictional process are described. Conclusion. The non-jurisdictional process is a specific behavioral model of the subject to protect their legitimate interests. The object of non-jurisdictional process is interest of parties or third parties, that encumbered with obligations. The non-jurisdictional doesn’t affect with interests of third parties.

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