Law
The nature of Ius resistendi in the context of legal schools and theories |
Introduction.Many researchers considerius resistendi as the right to violent uprising, while nowadays this right plays the role of a legal institution that restrains public authorities from abuses and encroachments on other human and civil rights. Ius resistendi is rooted in classical iusnaturalism, but is comprehended by means of modern natural law, legal positivism and sociological science, including the theory of confl ict, which makes it possible to analyze the nature of the right of resistance more comprehensively. Theoretical analysis. The nature of ius resistendi does not belong to the state, but to individuals and society, which is confirmed by the theoretical provisions of iusnaturalism and sociological and legal science. The positive ius resistendi creates more reliable guarantees for the implementation of this right, and also increases the eff ectiveness as a legal institution. Еmpirical analysis. The author carried out the analysis of the constitutional acts and came to the conclusion about the possibilities of constructing ius resistendi into the body of a positive law. By legal recognition of ius resistendi, the state institutionalizes control over itself. Results. The nature of ius resistendi appears to be broader than that suggested by classical doctrines. Although ius resistendi remains in the sphere of “ideal” law, the possibility of the implementation of this right in normative acts as an institution that restrains public authorities from possible abuse, and as a “right to commit an off ense” is not excluded. The positive ius resistendi acts as one of the ways to resolve the confl ict of law and justice. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 3 |
The impact of the COVID-19 pandemic on the policies of countries: The example of China and Nigeria |
COVID-19 pandemic’s emergence came to the whole world as a rude shock which affected the health system of all countries of the world including the developed nations. The pandemic broke out in Wuhan China in 2019 and has since then been ravaging the whole world. The World Health Organization (WHO) declared the coronavirus disease as a Public Health Emergency of International Concern (PHEIC) and it was pronounced a pandemic. The virus came in to Nigeria in the year 2020 and since then, Nigeria as a country has been battling with the pandemic just as it is across the globe. The coronavirus disease has been affecting Nigeria in every sphere while not sparing every part of human lives and the environment at large. The measures taken to curtail the spread of the virus have negative impacts on the economy, judicial system and well-being of Nigerians generally. This article examines what COVID-19 is all about, its origin, effects and impact on the environment while considering the effects of COVID-19 on the administration of justice system in Nigeria. It also examined the various eff orts by Nigerian government in combating the pandemic by putting up some Regulations immediately in order to ensure environmental sustainability. Adequate recommendations were made at the end of the work. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 3 |
Organizational features of multi-day voting in elections in Russia |
Introduction. Elections are the most important indicator of the socio-political development of the state, the criterion of the country’s democratic regime and its strategic course. Elections are one of the most mass processes, which is not limited to voting, it is a wide set of social relations that begins long before the appointment of elections and does not end with the fact that citizens vote. The introduction of multi-day voting introduced a large number of organizational features, the implementation of which affects the assessment of the election campaign as a whole. Theoretical analysis. The organizational features of multi-day voting include: the implementation of various forms of voting and the possibility of alternating them on one election day, ensuring the safety of ballots, video surveillance and video recording, features of counting votes, etc. All these electoral actions and procedures require the implementation of mandatory rules and are subject to the mechanism for implementing the fundamental principles of objective electoral law, which are based on the principles of objectivity, fairness and openness. Empirical analysis. The content of the organizational mechanism for conducting voting over several days is associated with the implementation of the rules for the use of stationary and portable boxes, ballot processing complexes, drawing up a list of voters, a register for voting outside the polling station, the implementation of an additional form of voting, moving ballots into safe packages, sequence of counting the votes of voters and determining the results of voting. The question arises: Can inaccuracies in the implementation of these features aff ect the voting results in a particular precinct? Results. The analysis of the content of the Federal Law “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” indicates the legal consolidation of the grounds for recognizing both voting and elections as invalid. Among such grounds, there are cases when violations committed during the conduct of voting or the establishment of voting results do not allow to reliably determine the results of the expression of the will of voters. However, the law does not specify which violations can be recognized as such. Practice shows that violations of one degree or another occur during the conduct of any elections and in any countries. Absolutely “pure” elections do not exist, since elections are a political struggle. Consolidation of actions, that aff ect or do not aff ect the expression of the will of voters, at the level of law will help reduce the number of provocative complaints that have little reason and contribute to the destabilization of the situation while organizing and conducting elections. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 3 |
Constitutional and legal regulation of the limits of implementation, degree of permissible restrictions on the basic economic rights of the individual |
Introduction. Many scientific works are devoted to theoretical and practical aspects of the restriction of human rights and freedoms. However, issues of the admissibility and proportionality of restrictions on the economic rights of a person and a citizen are the subject of scientific controversy, which predetermines the expediency of addressing the topic of this study. Theoretical analysis. The author made an attempt to theoretically comprehend the concept of “restriction of the right”, presenting a scheme for dividing human and civil rights and freedoms, regulated by the Constitution of the Russian Federation, into groups according to the degree of permissible restrictions, based on an analysis of the works of domestic and foreign authors. Empirical analysis. The author highlights that “obligations” and “prohibitions” remain the main methods of legal influence in regulating implementation of economic rights, often with the imposition of liability disproportionate to the committed act, which is also confirmed by the conclusions of the Commissioner for Human Rights in the Russian Federation and the Presidential Commissioner of the Russian Federation for the Protection of Entrepreneurs' Rights, the practice of the Constitutional Court of the Russian Federation. Results. It is proposed to consider restrictions on constitutional economic rights and freedoms as a change in the scope of their powers by interfering with the basic economic right by establishing obligations, prohibitions, and liability within the framework of: general limits for the exercise of rights and freedoms (reservations immanent in the constitution); reservations immanent in specific fundamental rights, simple reservations qualified in the relevant articles of the Constitution; immanent limits of restrictions on specific economic rights of the individual by the state. There is a growing need for a clearer regulation of the processes of institutionalization of assessment of the regulatory impact of regulations in the field of implementation of economic rights, constitutionalization of these relations. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 3 |
Normative development of the institution of propaganda of traditional family values |
Introduction. Since 2007, the legislation of the Russian Federation has been witnessing active development of the regulatory framework for regulation in the sphere of demographic and family policy, mainly by acts of a conceptual and strategic nature. The adoption of amendments to the Constitution of the Russian Federation in 2020 significantly increased the growth of regulatory documents in this area in order to prevent the risk of loss and destruction of traditional family values. Theoretical analysis. The author highlights that active work in all areas in the development of the institution of traditional family values should be carried out, including information and propaganda measures. At the same time, propaganda and its types are widely reflected in regulations, which indicates the initial stage of institutionalization. Result. The division of the propaganda of traditional values according to the priorities of their impact made it possible to single out such functions as stimulating, preventive, modeling ones. The author emphasizes the importance of the transition of such propaganda to the legal field, predetermination of the rule of law, dependence of its effectiveness in the fight against anti-family ideology, change in socio-cultural stereotypes of behavior, and decline of family values on this process. The analysis of models for fixing the propaganda of traditional family values in Russian legislation was carried out. The researcher concluded that in the normative acts of various levels, the legislator more often builds the propaganda of family values alongside other positive propaganda of socially useful behavior, spiritual, moral and patriotic education, promotion of a healthy lifestyle, as the basic elements of life. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 3 |
Forms of direct municipal democracy: Upcoming transformations |
Introduction. The subject of the study is the novelties of the draft federal law “On the general principles of organizing local self-government in a single system of public authority” in terms of the legal regulation of direct municipal democracy. It is distinguished by a signifi cant reduction in the existing forms of direct participation of the population in the implementation of local self-government, while not off ering any new ones. Though in the course of the development of the state and society in Russia over the past two decades, new democratic mechanisms and tools have appeared. Empirical analysis. The authors analyzed the current legislative norms regulating the forms of direct democracy at the level of local self-government and provided a legal assessment of the reduction of their list in the given draft law. The researchers revealed the necessity of preserving the institution of voting on the recall of elected persons of local self-government, which is at the same time one of the types of municipal legal responsibility, in the draft law. In search of additional forms of direct democracy at the local level, the institution of public control was considered. Understanding its goals and objectives through the prism of local self-government indicated that it can act as an eff ective tool for the population in assessing the activities of municipal authorities. Results. The study concludes by proposing to supplement the forms of citizens’ participation in the implementation of local self-government, enshrined in the named bill, with a new form of “public control over the activities of local self-government bodies”. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 3 |
The Principles of the Administrative-territorial System |
The scientific understanding of the category «principles of the administrative-territorial system» is searched in the article. Features of legal regulation of principles of the territorial division are revealed. The author reflected their complex character. The author allocates principles of formation and functioning of territorial device of subjects of the Russian Federation, proposals on current legislation change are made. |
Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 4 |
The Criminal Ideas of Cesare Beccaria and Jeremy Bentham |
The article presents a comparative overview of criminal in doctrines of such thinkers in the XVIII–XIX centuries as Cesare Beccaria and Jeremy Bentham. The author revealed the general and especial aspects in their views of crime, the right to punish, preventive criminal acts. These views have been researched from the utilitarian position in the doctrine of J. Bentham as well as humanitarian is C. Beccaria. |
Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 4 |
Features of Financial Responsibility of the Credit Organizations for Violations in Bank Activity |
In article theoretical and practical questions of involvement of the credit organizations to financial responsibility for offenses in the sphere of bank activity are considered. Among the coercive measures of influence applied by Bank of Russia on the basis of the current legislation, a number of financial and legal sanctions is allocated. Author gives the understanding of concept of financial responsibility of the credit organizations for violations in bank activity. |
Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 4 |
The Institute of the Regional Children’s Rights Commissioner in Present-day Russia |
In this article the author observes international legal acts that regulate the matters of protection of rights and freedoms of the child in present day world. The process of origin and development of the institute of Ombudsmen for Children in different countries of the world, including the Russian Federation, is considered. The author gives special attention to the legal status of the Children’s Rights Commissioners in regions of Russia, compares them to other organizations and institutions for protection of the Rights of Childhood. The real-world problems of formation of the system of Ombudsmen for Children in regions of Russia are considered, the ways of solution are suggested. |
Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 4 |