No 1 (2019)
ARTICLES
5-22 3192
Abstract
The article deals with the problem of the law-making meaning of legal doctrine. According to the author, the doctrine is an internally coherent segment of juridical science, with the ability to not only provide the juridical community generally accepted interpretation of legal phenomena, but also to establish mandatory for members Society of behavior patterns. As the legal science in General, the doctrine is a collection of semiotic forms (texts), which construct the juridical reality. As a source of law doctrine creates legal rules on the basis of typification of subjective rights and responsibilities of individuals. Implementation of regulatory functions is carried out by doctrine, according to the author, in three ways, namely, through legislation, jurisprudence and law enforcement practitioners.
23-31 460
Abstract
The article discusses the prospects for constitutional reform in the Russian Federation and the arguments of supporters and opponents of the reform. Considering the basic models of republican government in the modern world, the author comes to the conclusion that the presidential-parliamentary republic, which is the basis of the Constitution of the Russian Federation, is optimal for our country. According to the author, the French model of a semi-presidential republic is closest to the Russian one. The author also formulates proposals for improving the constitutional legislation of Russia.
32-38 836
Abstract
Legitimacy constructed and constituts society, including the right to. Here possible conclusion, that legitimacy is the feature of the law. However not all agree with this point. For representatives of legal positivism, as for jus natural supporters legitimacy is not the feature of the law. Classical law sociology stand legitimacy as feature of the law, but not takes her power, constructed by nature. From post-classical methodology point, Features of law are human proportionality, iconic mediation, construction of law, the contextual and Dialogic of law. All of this features assume the legitimacy as their content. Legitimacy as recognition of the rule of law is a condition of its existence.
39-49 519
Abstract
The right of access to information in post-industrial society is of fundamental importance for achieving the goals of sustainable development. Changes in the system of realization of rights to intellectual property reflect the main trends in the formation of cultural capital. Firstly, the production and sale of copies of works remains an actual way of exercising intellectual rights, but is complemented by interactive formats of interaction between authors and their audience. Secondly, the popularity of specific authors and rightholders allows them to exercise subjective rights in the global information space. Thirdly, the role of the author — an individual will decrease as the modules of artificial intelligence become more and more integrated into the creative industry. With the development of virtual law institutions, the priority of media security is to preserve the superiority of creative works created by man over the results of computer processing of information. In this sense, the right of individuals to access information technologies, as well as the possibility of direct evaluation of the authors’ creativity by a mass audience, may become critical interests for humane technical progress in the global information society.
50-57 1251
Abstract
The article is devoted to the perception of private and public law in the tradition of the Romano-German legal family. With the use of formal-logical, sociological-legal and retrospective methods of research the author studies the transformation of views on the grounds of differentiation of private and public law, analyzes the current trends in the development of scientific thought on the problem of dichotomy of law, the combination of private and public principles in civil law is studied. The conclusion is made about the development of two interrelated processes in the modern legal systems of Russia and Europe — “publicization” of private law and “commercialization” of public law.
58-68 689
Abstract
With a high migration attractiveness of Russia, the issue of the exercise of fundamental social rights by foreigners, including minors, in Russiа is important. The author reviewed the existing regulations, enshrining the right to health and medical care, education, housing and social security, and the practice of the Ombudsman for children in Saint Petersburg. The ways of solving the identified problems in practice and eliminating conflicts in the legislation of Saint Petersburg are proposed.
69-76 429
Abstract
A new stage in the development of relations in the management of agricultural land plots has replaced the initial privatization of agricultural land. Its difference is the change in the composition of the participants in the share ownership and the presence of economically strong economic counterparties-tenants of land. The composition of new owners is socially heterogeneous and, as a result, it does not have a legal instrument allowing to form the collective will of the general meeting according to the goals of property management, since the heterogeneity of the composition prevents the emergence of the possibility of unity of management goals. The expression of subjective collective will must have a legal instrument to prevent the possibility of its usurpation by an economically strong subject. It seems that such an instrument should be the differentiation of the types of disputes related to the formation of collective will on the management of common ownership and the procedural peculiarities of their resolution.
77-80 1507
Abstract
The article deals with the theoretical and law enforcement aspects of the subjective rights, freedoms and legitimate interests of convicts serving sentences in prison. The problem of the rights, freedoms and legitimate interests of convicts serving deprivation of liberty remains relevant and needs serious consideration, as it is an integral part of the problem of protection of human rights and freedoms of the individual and the citizen as a whole. Protection of the rights, freedoms and legitimate interests of convicts is an important area of work of lawyers in the conditions of the rule of law.
ESSAYS
81-87 528
Abstract
Letter of credit — a financial term, one of the types of payment instruments between the participants of export-import contract. Today the letter of credit is recognized by financiers in all over the world as the most universal way of payment in foreign economic activity. The letter of credit allows the businessmen to solve several problems at once. The letter of credit guarantees: minimization of possible legal risks; additional insurance against unfair contractors in a foreign trade. Russian companies that have experience of working with international partners on the basis of long-term cooperation are able to reach an agreement on payment for products upon delivery. However, start-up companies have no chance to find a foreign company that would be willing to work on such conditions. In addition, payment in advance is unprofitable and not safe for the start-up traders, making the first steps in foreign markets. In this situation the letter of credit is an universal instrument of international payments.
88-91 621
Abstract
The article discusses the level of development of Western European law and the operation of the principle of freedom of contract in the period of the XVIII–XIX centuries. The evolution and key changes in contractual freedom since the adoption of the laissez-faire doctrine are displayed. The author connects evolution in positive law with the transformation of the economic and socio-ethical thought of society.
REVIEWS
92-94 381
Abstract
Currently, public relations, government and legal regulation are undergoing transformation. Used legal institutions and instruments require rethinking and filling with new meanings. One of the legal categories that require in-depth theoretical analysis in order to adequately modern law enforcement conditions is the institution of subjective rights. The first Interuniversity scientific-practical conference “Basking readings” was devoted to the analysis of this problem, according to the impressions of which this essay was written.
ISSN 3034-2813 (Online)