Pub Date : 2023-02-20DOI: 10.29039/2413-1733-2021-7-4-20-27
E. Klimenko
The article sets out the main provisions of the «Conditions», concluded in 1887 by an artel of loaders of the Kursk-Kiev railway and the board of this railway for a period of two years. It reflects the basic rights and obligations of each of the parties to the agreement, with the prevalence of obligations imposed on the artel, in order to streamline the activities of the parties to the contract, detail the directions and nature of the work of the artel. The emergence of obligations on the part of the employer (railway) in providing or assistance in solving certain social problems of the artel, in particular with living quarters, a guarantee of a minimum annual income was noted. It is necessary to note the preservation of the monopoly status of this artel, subject to the successful completion of the entire complex of necessary work.
{"title":"ORGANIZATION OF WORKS RELATED TO LOADING AND UNLOADING ON THE KURSK-KIEV RAILWAY IN THE 1880S.","authors":"E. Klimenko","doi":"10.29039/2413-1733-2021-7-4-20-27","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-20-27","url":null,"abstract":"The article sets out the main provisions of the «Conditions», concluded in 1887 by an artel of loaders of the Kursk-Kiev railway and the board of this railway for a period of two years. It reflects the basic rights and obligations of each of the parties to the agreement, with the prevalence of obligations imposed on the artel, in order to streamline the activities of the parties to the contract, detail the directions and nature of the work of the artel. The emergence of obligations on the part of the employer (railway) in providing or assistance in solving certain social problems of the artel, in particular with living quarters, a guarantee of a minimum annual income was noted. It is necessary to note the preservation of the monopoly status of this artel, subject to the successful completion of the entire complex of necessary work.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130812573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-20DOI: 10.29039/2413-1733-2021-7-4-28-36
V. Koshman
In the article methodological problems of statehood origin are described. Author’s attention is drawn on analysis of certain regions in the time of local polities formation. Particular problematic aspects of society structure formation in the Teotihuacan are being analyzed. It is stated that search for centralized modes of governance there results in nothing, instead there are more data on heterarchical system of governance. Problems of statehood origin’s interpretation in the Oaxaca valley are presented. Role of the Oaxaca valley in Mesoamerica’s statehood formation is evaluated.
{"title":"PROBLEMS IN ORIGIN OF STATEHOOD IN THE MESOAMERICA","authors":"V. Koshman","doi":"10.29039/2413-1733-2021-7-4-28-36","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-28-36","url":null,"abstract":"In the article methodological problems of statehood origin are described. Author’s attention is drawn on analysis of certain regions in the time of local polities formation. Particular problematic aspects of society structure formation in the Teotihuacan are being analyzed. It is stated that search for centralized modes of governance there results in nothing, instead there are more data on heterarchical system of governance. Problems of statehood origin’s interpretation in the Oaxaca valley are presented. Role of the Oaxaca valley in Mesoamerica’s statehood formation is evaluated.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132207225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-20DOI: 10.29039/2413-1733-2021-7-4-256-265
A. Zherebtsov, V. Tsyndrya
The article revises the problem of studying the essence of the implementation of the state policy of the Russian Federation in the field of administrative punishment. Highlighted the normative, design and scientific approaches to the characterization of the content of the implementation of administrative-punitive policy. Summarizing the outlined approaches, as well as taking into account our earlier research, in the content of the implementation of the administrative-punishment policy, the following were identified and characterized: goals, objectives, functions, principles, subjects, means, mechanism of its implementation. The results of the analysis of the specified elements of the content are: clarification of the objectives of the implementation of the administrative punishment policy; concretization of its tasks, taking into account the introduction of a risk-oriented approach when formulating the foundations for the appointment and execution of administrative punishments; focusing on ensuring such principles of administrative punishment policy as stability and enforceability of administrative punishments; allocation of the system of functions of this phase, consisting of: ideological, organizational, legal, informational and prognostic functions; determination of the list of subjects (state and non-state) and means (legal and non-legal) of its implementation; structuring the system of means of the mechanism of its implementation (regulatory, organizational and managerial, socio-psychological, financial and economic, informational).
{"title":"IMPLEMENTATION OF THE STATE POLICY OF THE RUSSIAN FEDERATION IN THE FIELD OF APPOINTMENT OF ADMINISTRATIVE PENALTIES: CONTENT ANALYSIS","authors":"A. Zherebtsov, V. Tsyndrya","doi":"10.29039/2413-1733-2021-7-4-256-265","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-256-265","url":null,"abstract":"The article revises the problem of studying the essence of the implementation of the state policy of the Russian Federation in the field of administrative punishment. \u0000Highlighted the normative, design and scientific approaches to the characterization of the content of the implementation of administrative-punitive policy. Summarizing the outlined approaches, as well as taking into account our earlier research, in the content of the implementation of the administrative-punishment policy, the following were identified and characterized: goals, objectives, functions, principles, subjects, means, mechanism of its implementation. \u0000 \u0000The results of the analysis of the specified elements of the content are: clarification of the objectives of the implementation of the administrative punishment policy; concretization of its tasks, taking into account the introduction of a risk-oriented approach when formulating the foundations for the appointment and execution of administrative punishments; focusing on ensuring such principles of administrative punishment policy as stability and enforceability of administrative punishments; allocation of the system of functions of this phase, consisting of: ideological, organizational, legal, informational and prognostic functions; determination of the list of subjects (state and non-state) and means (legal and non-legal) of its implementation; structuring the system of means of the mechanism of its implementation (regulatory, organizational and managerial, socio-psychological, financial and economic, informational).","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132494085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-20DOI: 10.29039/2413-1733-2021-7-4-130-135
D. Zabroda
The article actualizes the problem of classification of forms of service by the district police commissioner. During the generalization of the provisions of regulatory legal acts, scientific research and educational publications, the types of forms of service of the UUP were identified, the main features that reflect the features of certain forms of service of the UUP were identified, the systematization of the identified criteria was carried out and, on its basis, the corresponding classification was carried out. It is proposed to classify the forms of service by the district police commissioners according to the following criteria: 1) normative; 2) functional; 3) target; 4) the frequency (frequency) of performing a particular duty; 5) the presence of the obligation to involve in the performance of official duties other than the UUP, officials of the Department of Internal Affairs; 6) the need to use modern information and telecommunications technologies (hereinafter referred to as ICT); 7) the place of implementation; 8) the need to coordinate the conduct; 9) the need to inform citizens, enterprises and organizations; 10) the type of document drawn up based on the results of service. Certain types of forms of service are described in more detail. The conclusion is made about the expediency of further classification of forms of service by district police officers when changing the current legislation and taking into account law enforcement practice.
{"title":"CLASSIFICATION OF FORMS OF SERVICE BY THE DISTRICT POLICE COMMISSIONER","authors":"D. Zabroda","doi":"10.29039/2413-1733-2021-7-4-130-135","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-130-135","url":null,"abstract":"The article actualizes the problem of classification of forms of service by the district police commissioner. \u0000During the generalization of the provisions of regulatory legal acts, scientific research and educational publications, the types of forms of service of the UUP were identified, the main features that reflect the features of certain forms of service of the UUP were identified, the systematization of the identified criteria was carried out and, on its basis, the corresponding classification was carried out. \u0000It is proposed to classify the forms of service by the district police commissioners according to the following criteria: 1) normative; 2) functional; 3) target; 4) the frequency (frequency) of performing a particular duty; 5) the presence of the obligation to involve in the performance of official duties other than the UUP, officials of the Department of Internal Affairs; 6) the need to use modern information and telecommunications technologies (hereinafter referred to as ICT); 7) the place of implementation; 8) the need to coordinate the conduct; 9) the need to inform citizens, enterprises and organizations; 10) the type of document drawn up based on the results of service. \u0000Certain types of forms of service are described in more detail. \u0000The conclusion is made about the expediency of further classification of forms of service by district police officers when changing the current legislation and taking into account law enforcement practice.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131349996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-20DOI: 10.29039/2413-1733-2021-7-4-181-185
Inga Pankina, V. Jola
In the article, the authors highlight the forensic features of the preliminary investigation in cases of illegal fishing of aquatic biological resources. The authors draw attention to the problematic aspects of conducting such an investigative action as an inspection of the scene. The article emphasizes the importance of using the situational modeling method, and deduces three main types of typical investigative situations. The authors note the importance of using new forensic tools in the activities of law enforcement agencies.
{"title":"SOME CRIMINALISTIC FEATURES OF THE INVESTIGATION OF CRIMES RELATED TO ILLEGAL EXTRACTION (CAPTURE) OF WATER BIOLOGICAL RESOURCES","authors":"Inga Pankina, V. Jola","doi":"10.29039/2413-1733-2021-7-4-181-185","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-181-185","url":null,"abstract":"In the article, the authors highlight the forensic features of the preliminary investigation in cases of illegal fishing of aquatic biological resources. The authors draw attention to the problematic aspects of conducting such an investigative action as an inspection of the scene. The article emphasizes the importance of using the situational modeling method, and deduces three main types of typical investigative situations. The authors note the importance of using new forensic tools in the activities of law enforcement agencies.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127825206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-20DOI: 10.29039/2413-1733-2021-7-4-227-230
M. Tyshko
Man by nature is a creative person who seeks to express himself. He wants to work in an organization where there are clear prospects for his growth and professionalism, and operates on the basis of the planned use of working hours. Organization planning is one of the basic functions and an integral part of the management process. In the planning process, the goals and objectives of the organization, the necessary means and stages of their implementation, and the drawing up of an action plan are determined. Performance planning is designed to ensure the efficient use of office time. Personal planning results in time savings, success, and greater self-confidence. The article discusses the purpose of planning official activities in the internal affairs bodies. It is concluded that personal planning of the official activities of employees is one of the conditions for the successful fulfillment of the tasks assigned to the internal affairs bodies of the Russian Federation.
{"title":"FEATURES OF PERSONAL PLANNING OF OFFICIAL ACTIVITIES OF EMPLOYEES OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION","authors":"M. Tyshko","doi":"10.29039/2413-1733-2021-7-4-227-230","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-227-230","url":null,"abstract":"Man by nature is a creative person who seeks to express himself. He wants to work in an organization where there are clear prospects for his growth and professionalism, and operates on the basis of the planned use of working hours. Organization planning is one of the basic functions and an integral part of the management process. In the planning process, the goals and objectives of the organization, the necessary means and stages of their implementation, and the drawing up of an action plan are determined. Performance planning is designed to ensure the efficient use of office time. Personal planning results in time savings, success, and greater self-confidence. The article discusses the purpose of planning official activities in the internal affairs bodies. It is concluded that personal planning of the official activities of employees is one of the conditions for the successful fulfillment of the tasks assigned to the internal affairs bodies of the Russian Federation.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123261888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-20DOI: 10.29039/2413-1733-2021-7-4-329-339
V. Koval, V. Procevskij
The article provides a comparative analysis of the regulatory legal framework of the current national legislation with the international legal regulation of contractual regulation of family relations. The current problems related to the application of contracts in the field of family relations are considered. The conclusion is made that the system of legislation of individual countries has both general approaches to the regulatory regulation of the studied legal relations, and distinctive features of the application of family contracts. The general provisions on the family contract, in the creation of regulatory structures of its individual types and the mechanism of dispositive regulation in this area have been formed. The most promising directions of development of the national legislation of the Russian Federation in the field of regulation of contractual family relations are proposed.
{"title":"STATE AND PROSPECTS FOR THE DEVELOPMENT OF THE REGULATORY FRAMEWORK OF THE CONTRACTUAL REGULATION OF FAMILY RELATIONS (A COMPARATIVE ANALYSIS)","authors":"V. Koval, V. Procevskij","doi":"10.29039/2413-1733-2021-7-4-329-339","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-329-339","url":null,"abstract":"The article provides a comparative analysis of the regulatory legal framework of the current national legislation with the international legal regulation of contractual regulation of family relations. The current problems related to the application of contracts in the field of family relations are considered. The conclusion is made that the system of legislation of individual countries has both general approaches to the regulatory regulation of the studied legal relations, and distinctive features of the application of family contracts. The general provisions on the family contract, in the creation of regulatory structures of its individual types and the mechanism of dispositive regulation in this area have been formed. The most promising directions of development of the national legislation of the Russian Federation in the field of regulation of contractual family relations are proposed.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122895594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-20DOI: 10.29039/2413-1733-2021-7-4-324-328
A. Ravnushkin
The analysis of the elements of crimes with administrative prejudice showed that, unlike Article 264.1 of the Criminal Code of the Russian Federation, which establishes criminal liability against a person with a criminal record under Articles 264 and 264.1 of the Criminal Code of the Russian Federation, Articles 116.1 and 158.1 of the Criminal Code of the Russian Federation provide for this responsibility, respectively, for beatings and petty theft only in relation to those subjected to administrative punishment. However, the problem of applying art. 116.1 The Criminal Code of the Russian Federation became so acute that the Constitutional Court of the Russian Federation received an appeal calling into question the effectiveness of this norm, and the latter was forced to issue a resolution obliging the federal legislator to change its wording, to provide for criminal penalties for those with a criminal record under Articles 116, 116.1, 117 and 334 of the Criminal Code of the Russian Federation. Meanwhile, Article 158.1 of the Criminal Code of the Russian Federation requires a similar adjustment to Article 116.1 of the Criminal Code of the Russian Federation. Based on statistical data, following the rules of legal technique, the author justifies the need and proposes new versions of Articles 116.1 and 158.1 of the Criminal Code of the Russian Federation, providing for each qualified composition in the form of part two, establishing criminal liability against persons with a criminal record for previously committed data or similar on the objective side of the crime.
{"title":"A PERSON WITH A CRIMINAL RECORD AS A SUBJECT OF CRIMES WITH AN ADMINISTRATIVE PREJUDICE","authors":"A. Ravnushkin","doi":"10.29039/2413-1733-2021-7-4-324-328","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-324-328","url":null,"abstract":"The analysis of the elements of crimes with administrative prejudice showed that, unlike Article 264.1 of the Criminal Code of the Russian Federation, which establishes criminal liability against a person with a criminal record under Articles 264 and 264.1 of the Criminal Code of the Russian Federation, Articles 116.1 and 158.1 of the Criminal Code of the Russian Federation provide for this responsibility, respectively, for beatings and petty theft only in relation to those subjected to administrative punishment. However, the problem of applying art. 116.1 The Criminal Code of the Russian Federation became so acute that the Constitutional Court of the Russian Federation received an appeal calling into question the effectiveness of this norm, and the latter was forced to issue a resolution obliging the federal legislator to change its wording, to provide for criminal penalties for those with a criminal record under Articles 116, 116.1, 117 and 334 of the Criminal Code of the Russian Federation. Meanwhile, Article 158.1 of the Criminal Code of the Russian Federation requires a similar adjustment to Article 116.1 of the Criminal Code of the Russian Federation. Based on statistical data, following the rules of legal technique, the author justifies the need and proposes new versions of Articles 116.1 and 158.1 of the Criminal Code of the Russian Federation, providing for each qualified composition in the form of part two, establishing criminal liability against persons with a criminal record for previously committed data or similar on the objective side of the crime.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129128734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-20DOI: 10.29039/2413-1733-2021-7-4-16-19
N. Safronov
The article analyzes the evolution of the doctrine of political loyalty of Christianity to state power and the views of the prominent Russian jurist N.N. Alekseev (1879-1964) on this issue. Alekseev considered the widespread thesis that Christianity sanctifies any power to be a key mistake of political doctrine. N.N. Alekseev came to the conclusion that the analysis of biblical texts convinces in the absence of Christian idealization of the state and the evangelical justification of the priority of the monarchical form of government. All the theories justifying the advantages of autocracy have nothing in common with the Christian creed. However, this does not mean that such a justification cannot be based on another ideological argument.
{"title":"EVOLUTION OF THE DOCTRINE OF POLITICAL LOYALTY OF CHRISTIANITY TO THE STATE","authors":"N. Safronov","doi":"10.29039/2413-1733-2021-7-4-16-19","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-16-19","url":null,"abstract":"The article analyzes the evolution of the doctrine of political loyalty of Christianity to state power and the views of the prominent Russian jurist N.N. Alekseev (1879-1964) on this issue. Alekseev considered the widespread thesis that Christianity sanctifies any power to be a key mistake of political doctrine. N.N. Alekseev came to the conclusion that the analysis of biblical texts convinces in the absence of Christian idealization of the state and the evangelical justification of the priority of the monarchical form of government. All the theories justifying the advantages of autocracy have nothing in common with the Christian creed. However, this does not mean that such a justification cannot be based on another ideological argument.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132040458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-20DOI: 10.29039/2413-1733-2021-7-4-37-42
K. Kravec
The article analyzes the views of the famous Russian jurist and philosopher Ivan Alexandrovich Ilyin (1883-1954) on the problem of the correlation of norms (religion, morality and law) in social regulation. The scientist called religious norms, norms of morality and law social, designed to regulate people’s behavior. They were allocated criteria for their comparison: by the subject of rulemaking (authority); by the process of creation; the sphere of regulation; forms of expression and mechanisms of support. Comparing the norms of law and morality, the scientist came to the conclusion that legal norms are established by an external authority — the state power; moral norms — by the internal voice of conscience; the process of rulemaking is significantly different (in law it is externally strictly regulated); the object of regulation is different (in law — all members of the state union, regardless of their consent; in the moral sphere — persons who voluntarily recognized the voice of conscience). The legal and moral motivation of behavior is different (moral behavior is determined solely by internal moral urges, in law — only the external nature of actions without internal motivation plays an important role). The law and morality also differ in the ways of ensuring. Compliance with the norms of law is based on external coercion by the state authorities, and — moral norms — on internal sanctions (guilt, pangs of conscience).
{"title":"ON THE QUESTION OF THE RELATIONSHIP BETWEEN LAW AND MORALITY IN THE PHILOSOPHY OF I.A. ILYIN","authors":"K. Kravec","doi":"10.29039/2413-1733-2021-7-4-37-42","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-37-42","url":null,"abstract":"The article analyzes the views of the famous Russian jurist and philosopher Ivan Alexandrovich Ilyin (1883-1954) on the problem of the correlation of norms (religion, morality and law) in social regulation. The scientist called religious norms, norms of morality and law social, designed to regulate people’s behavior. They were allocated criteria for their comparison: by the subject of rulemaking (authority); by the process of creation; the sphere of regulation; forms of expression and mechanisms of support. Comparing the norms of law and morality, the scientist came to the conclusion that legal norms are established by an external authority — the state power; moral norms — by the internal voice of conscience; the process of rulemaking is significantly different (in law it is externally strictly regulated); the object of regulation is different (in law — all members of the state union, regardless of their consent; in the moral sphere — persons who voluntarily recognized the voice of conscience). The legal and moral motivation of behavior is different (moral behavior is determined solely by internal moral urges, in law — only the external nature of actions without internal motivation plays an important role). The law and morality also differ in the ways of ensuring. Compliance with the norms of law is based on external coercion by the state authorities, and — moral norms — on internal sanctions (guilt, pangs of conscience).","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131003458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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