Showing papers in "Law and modern states in 2013"
••
5 citations
••
TL;DR: In this paper, a continuation of publication of the Jurisprudence textbook by Svetlana Vladimirovna Boshno is presented, which articulates the concepts of institute and branch of law demonstrated through various examples.
Abstract: This paper is a continuation of publication of the «Jurisprudence» textbook by Svetlana Vladimirovna Boshno. Law system is a key element of general theory of law. The major fundamentals of its construction are subject matter and method of legal regulation. Of great importance is the division of legal regulation methods into mandative and dispositive ones. The paper articulates the concepts of institute and branch of law demonstrated through various examples. An important classification of branches of law is separation of procedural and substantive, public and private branches of law. Law system and legislation system are considered as interrelated categories that correlate as content and form. A necessary tool for using voluminous legislation is systematization in the following forms: codification, consolidation, incorporation. Codification is considered as a type not only of systematization, but of law-making, too. The reason for this is that in the process of codification, a law-making body makes changes of legislation, as a result of which a new document – a statute, is adopted.
4 citations
••
TL;DR: In this article, the authors present a comparative analysis of legal acts of the Russian Federation and the United States of America, and conclude that the impossibility and untimeliness of assimilation of the American practices in the Russian practice despite a steady tendency of legal systems of the two states towards rapprochement.
Abstract: This paper presents a comparative legal analysis of legal acts of the Russian Federation and the United States of America, researches the notion and characteristics of normalization, including various approaches to its understanding in the Russian and American legal systems, studies the main types of the US Congress legal acts – bills – in the context of their orientation (private and public), shows the difference of the US private and public bills in historical and modern aspects. The article’s final part presents the author’s reasoning on possibilities of using the American legislative practices in the Russian practice. The author comes to the conclusion about impossibility and untimeliness of assimilation of the American practices in the Russian practice, despite a steady tendency of legal systems of the two states towards rapprochement.
2 citations
••
TL;DR: In this article, the key aspects of organization and operation of the system of arbitration courts in the Russian Federation are discussed, focusing on key issues of their operation, and the system and structure of the arbitration courts.
Abstract: Abstracs: The article concerns the key aspects of organization and operation of the system of arbitration courts in the Russian Federation . It outlines the his-tory of the emergence and formation of the arbitration courts, focuses on key issues of their operation, describes the system and structure of the arbitration courts, determines their place in the Russian court system, and analyses such interesting procedural and institutional innovations as “e-justice” and sum-mary proceedings .Keywords: justice, arbitration court, court system, commercial disputes, busi-ness practice, e-justice, summary proceedings .
1 citations
••
1 citations
••
1 citations
••
TL;DR: In this article, the anti-corruption reforms in Georgia, reveals the legal framework for the counteraction of corruption in the country, gives an assessment of the reforms being implemented and their conformity with international rules and principles, and performs an analysis of the measures that are aimed at optimising the anticorruption mechanism in the context of a particular state.
Abstract: summary. The paper looks at the anti-corruption reforms in Georgia, reveals the legal framework for the counteraction of corruption in the country, gives an assessment of the reforms being implemented and their conformity with international rules and principles, and performs an analysis of the measures that are aimed at optimising the anti-corruption mechanism in the context of a particular state. Keywords: corruption, Georgia, legislation, anti-corruption reforms, anti-corruption policy. Legislators, politicians, and the general public have lately been paying more and attention to the search for new models for an effective struggle against corruption. In this context, the author has selected Georgia as the subject for his research, since in recent years this country has been displaying a pronounced tendency towards taking a strong position to counteract corruption. According to the non-governmental international agency Transparency International, which was organised to fight corruption and to research corruption levels in states all over the world, Georgia’s anti-corruption score, based on the corruption perception index (CPI), increased significantly during the past decade. In 2004 the country was ranked 133, but in 2012 it was ranked 51, which meant that Georgia had drawn ahead of such states as the Czech Republic and Turkey (which share 54th position)
1 citations
••
1 citations
••
TL;DR: In this paper, the authors examined the concept and the essence of legal nihilism as a social phenomenon and discussed ways to overcome legal nihilisms in the Russian legal system and the forms in which it is manifested.
Abstract: This article examines the concept and the essence of nihilism as a so-cial phenomenon . It considers the causes and factors contributing to its spread in our country and the forms in which it is manifested . The article discusses ways to overcome legal nihilism .Keywords: nihilism, legal nihilism, sense of justice, spirituality, morality, bases of society, anti-legal guidelines, corruption manifestations . T he idea of the rule of law is not feasible without overcoming legal incivility and the low levels of a sense of justice . There-fore, the problems of expanding a sense of justice and over-coming the legal nihilism that has existed in our country for many decades are extremely relevant .Is legal nihilism a purely Russian phenomenon? Of course it is not . It exists in other states as well . However, the extent to which it has spread and the forms in which it is manifested vary in different countries . In our country, this phenomenon has a broad scope and its existence is supported by a wide variety of evidence . In the modern period, in which the course for establishing a legal and democratic state has been constitutionally defined, rights are becoming more popular in society, while the problems associated with legal nihilism and the means to overcome it are becoming much more noticeable and painful than was the case when rights were disregarded .Despite the considerable number of scientific works dedicated to the development of the nature of the problem of legal nihilism, research addressing the essence of the phenomenon and the forms in which it is manifested remain very relevant .The relevance of research also is supported by the extreme persistence of the phenomenon in the public consciousness . Legal nihilism routinely causes existing legislation to be universally ignored, violated and not executed, inflicting serious harm on constitutional
1 citations
••
TL;DR: In this paper, the authors consider the principal factors influencing the formation and development of human capital in an innovation-based economy and determine the most significant factors by means of correlation and regression analysis given an estimate with an account of the innovation-driven growth of economy.
Abstract: summary This article considers the principal factors influencing the formation and development of human capital in an innovation-based economy The most significant factors are determined by means of correlation and regression analysis Given an estimate with an account of the innovation-driven growth of economy Keywords: human capital, education, factors, innovation-based economy, specialists, management, investment Competition for human capital (HC), being the basis of the innovation-driven growth of economy of any state, is crucial in the modern world Innovation-driven growth requires training of new-generation personnel at various levels due to large-scale assimilation of the latest technologies: skilled labour for knowledge-intensive and high-quality productions; multidisciplinary specialists capable of combining technical specialisation with the functions of managers, analysts, consultants, and scientific personnel Innovative orientation of the economy is associated with investment projects, and in those conditions the need arises for economists specialising in problems of the measurement of innovative investment processes The circumstances indicated are of paramount importance when making grounded decisions in strategic planning within the scope of an individual enterprise as well as on the national scale 1
••
••
TL;DR: One of the main principles of interpretation is the principle of legality, which doesn't allow distortion or derogation from the law neither on objective nor subjective reasons, promotes improvement of legislation and strengthening of authority of law as discussed by the authors.
Abstract: Interpretation is the important stage of law-enforcement activity. It provides uniform understanding and application of low, but fair and expedient adjudication. One of the main principles of interpretation is the principle of legality, which doesn't allow distortion or derogation from the law neither on objective nor subjective reasons, promotes improvement of legislation and strengthening of authority of law.