Journal headings
"Legal sciences"
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Release: 2023-1.1 (37)
DOI: 10.21777/2587-9472-2023-1.1-7-11
Keywords: abuse of the right, illegal interest, protection of rights, dishonest behavior, participants in legal relations, wrongful interest
Annotation: The article is devoted to the definition of the concept of illegal interest and its role in qualifying the abuse of the right. The coverage of legitimate interest in legislation and judicial practice is considered. It is noted, that the legislator pays quite a lot of attention to the protection of legitimate interests in many legal acts, but does not give it legislative consolidation. The interpretation of this definition by the courts has a different character and does not always coincide. At the same time, illicit interest is a criterion for determining the most important legal category of abuse of the right. The presence of an unlawful interest of a person indicates his/her intention to violate the rights of other persons or bad faith behavior expressed in an indifferent attitude to the violation of the rights of participants in legal relations. The article also identified the distinctive features of a legitimate interest and defined the boundaries of its determination by the courts. Based on the results, a definition of abuse of the right is drawn up, which emphasizes the role of illegal interest in this legal category.
ON THE RIGHT OF PEOPLES TO PEACE IN THE CONTEXT OF THE CRISIS OF INTERNATIONAL LAW. Article two
Release: 2023-4 (40)
DOI: 10.21777/2587-9472-2023-4-11-17
Keywords: state, international law, traditional values, Russia, West
Annotation: When analyzing the right of peoples to peace, the issues of continuity of ideas and principles of Roman public law, the reflection of this continuity in the processes of transformation of international law are considered. The significance of such threats to the right of peoples to peace as the paralysis of the usual international legal forms, the planetary scale of the struggle of value priorities, the aggravation of the civilizational confrontation of peoples is argued. In international law there is a real war of meanings. The crisis of international law does not mean a simple failure to comply with its norms, it is expressed in the deformation of the meanings of the previously properly working international legal mutual obligations of states, leading international law into a state of prostration. States and societies based on their original traditional spiritual, moral and religious values are taking the leading positions. It is substantiated that in the new conditions the right of peoples to peace can be realized only on the principles of a multipolar world order.
ON THE RIGHT OF PEOPLES TO PEACE IN THE CONTEXT OF THE CRISIS OF INTERNATIONAL LAW. Article one
Release: 2023-3 (39)
DOI: 10.21777/2587-9472-2023-3-11-16
Keywords: state, international law, traditional values, traditionalism, justice, Russia, West
Annotation: When analyzing the right of peoples to peace, the issues of continuity of ideas and principles of Roman public law, the reflection of this continuity in the processes of transformation of international law are considered. The significance of such threats to the right of peoples to peace as the paralysis of the usual international legal forms, the planetary scale of the struggle of value priorities, the aggravation of the civilizational confrontation of peoples is argued. In international law there is a real war of senses. The crisis of international law does not mean a simple failure to comply with its norms, it is expressed in the deformation of the meanings of the previously properly working international legal mutual obligations of states, leading international law into a state of prostration. States and societies based on their original traditional spiritual, moral and religious values are taking the leading positions. It is substantiated that in the new conditions the right of peoples to peace can be realized only on the principles of a multipolar world order.
THE PLACE OF LEGAL EDUCATION IN CIVILIZATIONAL CULTURE
Release: 2023-2 (38)
DOI: 10.21777/2587-9472-2023-2-12-18
Keywords: legal education, law, culture, civilization, spiritual and moral values, tradition
Annotation: The purpose of the study is to assess the place of legal education in the civilizational culture of our time, to determine the role of cultural and historical types in legal education. It is based on the consideration of culture as a set of values, customs and traditions of society, a body of knowledge acquired overtime, without which a particular set of people cannot be reproduced and exist. The importance of the theocentric construction of culture is argued. Legal education reflects and consolidates the features of the civilizational culture of the people, aims to lay in lawyers and in society as a whole an understanding of jurisprudence as a set of legal principles, rules and norms of proper behavior, consideration of the state as a political and legal form of self-organization of society. Education is considered as an indicator of civilizational culture, the defects of which adversely affect all aspects of society, capable of deforming the culture itself. Ensuring the continuity of the political and legal ideals of each nation, it contributes to the preservation of the cultural identity of peoples, their archetypes, reflects and protects the diversity of the civilizational development of mankind.
THE IMPROVEMENT OF THE MECHANISM FOR IMPLEMENTING AN ACCESSIBLE ENVIRONMENT FOR THE DISABLED ON THE EXAMPLE OF RUSSIAN AND FOREIGN LEGISLATION
Release: 2023-1.1 (37)
DOI: 10.21777/2587-9472-2023-1.1-12-17
Keywords: persons with disabilities, accessible environment, welfare state, civil society, legal status of persons with disabilities
Annotation: The subject of scientific study in the article is a set of norms of Russian legislation that determine the mechanism for implementing an accessible environment for the disabled. The purpose of this work is a comprehensive study of the existing mechanism for implementing an accessible environment for the disabled, taking into account domestic and foreign experience. The work uses methods of comparative analysis, comparative legal research and characteristics, methods of dialectical analysis, methods of philosophical and philosophical-legal analysis, dispositive and imperative methods, the method of legal regulation. Based on the results of the work carried out, the conclusion is substantiated that the legal regulation of public relations with the participation of persons with disabilities is an important tool for achieving a balance between public power and individual freedom in modern states. The results of the work can be applied both in theory and in practice, as they indicate further directions for improving and developing the mechanism for implementing an accessible environment for people with disabilities.