Journal headings
"Legal sciences"
All rubrics
Release: 2019-4 (22)
DOI: 10.21777/2587-9472-2019-4-35-38
Keywords: legal technique, teaching students, interpretation of laws, analysis of the legal requirement, analysis of the law, subject of law, actions, terms, forms, algorithm, scope of regulation
Annotation: Understanding the meaning of a particular legal norm, and even more so, the normative act as a whole, it can be a serious problem for students and practicing lawyers. How to correctly use philological, teleological, historical and political interpretation when understanding a particular legal prescription is illustrated by an example articles of the Code of administrative offences of the Russian Federation. It is much more difficult to comprehend the whole normative act, especially if the task is not just to remember it, but to understand what goals the legislator set for himself (I mean the mission of the act). It is necessary to understand whether there are hidden defects in the relations of this act with previously adopted ones, whether there are gaps in the procedure for implementing the act, whether there are incentives for law enforcement. This article describes ways to overcome typical problems on the example of a number of Russian laws.
On the question of the emergence of the science of administrative law in russia
Release: 2019-3 (21)
DOI: 10.21777/2587-9472-2019-3-43-48
Keywords: public administration, regulatory law, sources of law, administrative law, rule of law, law, bylaw
Annotation: Among the many issues relating to modern Russian administrative law, the question of its sources is important, because depending on how the issue is resolved, that is, what legally significant forms are recognized as the content and nature of the law industry itself depend. Administrative law has its own relatively independent system of sources of law. But the science of administrative law has not yet analyzed this phenomenon, has not developed a clear conceptual apparatus regarding this category, there is no uniformity in understanding and application of basic scientific terms. The article examines the emergence of the science of administrative law in Russia at the beginning of the nineteenth century, studying the positions of scientists involved in the dogmatic development of Russian administrative law at the turn of the nineteenth and 19th centuries. the evolution of the concept of internal governance is being explored. The article contains an analysis of the sources of administrative law at the turn of the 19th and 19th century: laws, decrees, customs, judicial and administrative practices.
Problems of improving legislation on education in modern russia
Release: 2019-2 (20)
DOI: 10.21777/2587-9472-2019-2-36-42
Keywords: higher legal education, law “On education in Russian Federation”, federal state educational standards to direction Jurisprudence (level of baccalaureate), (qualification (degree) is a master’s “degree”)
Annotation: Some problems of the legal adjusting of higher legal education are examined in the article. The special attention an author turns on a concept vehicle, that дан in a law in force “About education in Russian Federation”, in that higher education is not named professional, that, in opinion of author, not right. On the basis of legislation about education citizen of Russia, studying in organization of higher education, a profession does not get, and “Jurisprudence” studies to direction. The problem of in absentia legal education that a citizen could get before rises in the article, but presently education on an in absentia form maybe only, if a person gets the second higher and subsequent education, whatever an author agrees with. The constitution of Russian Federation in article 43 gives to each a right to education, and the state supports the different forms of education and self-education. Limit of right on the receipt of higher legal education on an in absentia form, to according to
Russian democracy at the crossroads. Flaws and shortcomings of democracy
Release: 2019-1 (19)
DOI: 10.21777/2587-9472-2019-1-38-47
Keywords: democracy, power, society, the State, the people, the crowd
Annotation: The article is carried out wide-ranging analysis of the strengths and weaknesses of democracy in its application to the modern Russian reality.
Cable power lines as objects of real estate
Release: 2019-4 (22)
DOI: 10.21777/2587-9472-2019-4-39-45
Keywords: cable lines, real estate, cadastral registration, legal regime, indivisible things, property complex, electric grid complex
Annotation: The relevance of considering the legal regime of cable power lines is due to the lack of a uniform law enforcement approach in judicial and supervisory activities, due to the lack of a single regulatory regulation and theoretical justification. Cable lines are an important part of production processes, but are deprived of due legal regulation at present. The purpose of this article is to identify the legal nature of cable power lines in the context of modern legislative regulation and enforcement aspects. The analysis of individual regulatory acts and enforcement positions allows us to identify the existing contradictions and conflicts. The methodological basis of the study was the analysis of individual regulatory acts in the field under consideration, as well as decisions on specific issues directly or indirectly associated with the identification of the specifics of the steam regime of the analyzed object. The result of the study was the author’s conclusions about the specific legal nature of the investigated object, put in context dependence.