Pub Date : 2022-09-01DOI: 10.22394/2074-7306-2022-1-3-9-18
Шапсугов Дамир Юсуфович
The article analyzes the approaches to the study of legal culture that have developed in the scientific literature, the problem of subjectivity in the process of knowing its essence, the necessity and insufficiency of the existing formal-logical, rational understanding of legal culture, the significance of Hegel's idea of the truth about law is substantiated; I. Kant's ideas about the unity of reason, which differs only in its application; the ideas of K. Marx about the main short coming of the old materialism; ideas of B.N. Chicherin about the inadmissibility of turning abstract concepts into subjects of the historical process for a correct understanding of legal culture. The legal culture of the peoples of the Caucasus is considered as a process of becoming a free, responsible personality of a worker-creator, creator of material culture, a professional warrior, defender of its wisdom of the elder as an exponent of the spiritual and moral foundations that make up the humanitarian core of the Caucasian civilization, understood as a creative synthesis carried out by the peoples of the Caucasus in interaction with world civilizations.
{"title":"LEGAL CULTURE OF NATIONS OF THE CAUCASUS AS A CREATIVE SYNTHESIS OF THE INTERACTION OF CIVILIZATIONS","authors":"Шапсугов Дамир Юсуфович","doi":"10.22394/2074-7306-2022-1-3-9-18","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-9-18","url":null,"abstract":"The article analyzes the approaches to the study of legal culture that have developed in the scientific literature, the problem of subjectivity in the process of knowing its essence, the necessity and insufficiency of the existing formal-logical, rational understanding of legal culture, the significance of Hegel's idea of the truth about law is substantiated; I. Kant's ideas about the unity of reason, which differs only in its application; the ideas of K. Marx about the main short coming of the old materialism; ideas of B.N. Chicherin about the inadmissibility of turning abstract concepts into subjects of the historical process for a correct understanding of legal culture. The legal culture of the peoples of the Caucasus is considered as a process of becoming a free, responsible personality of a worker-creator, creator of material culture, a professional warrior, defender of its wisdom of the elder as an exponent of the spiritual and moral foundations that make up the humanitarian core of the Caucasian civilization, understood as a creative synthesis carried out by the peoples of the Caucasus in interaction with world civilizations.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42427446","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 : 2022-09-01DOI: 10.22394/2074-7306-2022-1-3-55-62
Магомедов Магомед Баширович
The article is devoted to the actual and little-studied problem of the page of the historical and legal aspect of the implementation of the policy of "Mountain expansion" of the official authorities in the North-Eastern Caucasus in the 20-50 years of the XIX century. The nature of the coverage in historiography and sources and the memories of the participants of the events of both sides, as well as the periods of the development of the Russian state, are investigated. The variable nature of the events of the North-Eastern Caucasus in the 20-50 years of the XIX century is indicated. The issue and policy of the "Mountain expansion" of the official authorities are revealed.
{"title":"SOME ISSUES OF THE IMPLEMENTATION OF THE POLICY OF \"MOUNTAIN EXPANSION\" OF THE OFFICIAL AUTHORITIES IN THE NORTH-EASTERN CAUCASUS IN THE 20-50 YEARS OF THE XIX CENTURY","authors":"Магомедов Магомед Баширович","doi":"10.22394/2074-7306-2022-1-3-55-62","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-55-62","url":null,"abstract":"The article is devoted to the actual and little-studied problem of the page of the historical and legal aspect of the implementation of the policy of \"Mountain expansion\" of the official authorities in the North-Eastern Caucasus in the 20-50 years of the XIX century. The nature of the coverage in historiography and sources and the memories of the participants of the events of both sides, as well as the periods of the development of the Russian state, are investigated. The variable nature of the events of the North-Eastern Caucasus in the 20-50 years of the XIX century is indicated. The issue and policy of the \"Mountain expansion\" of the official authorities are revealed.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42648477","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 : 2022-09-01DOI: 10.22394/2074-7306-2022-1-3-101-107
Исипова Лалита Румановна
The article deals with the subject matter and powers of the federal center, regions and municipalities of the Russian Federation in the field of education. The principles of granting powers in the field of education are studied. Having studied this problem, we came to the conclusion that a number of powers of the executive bodies of the Russian Federation of different levels of competence exist outside the legislation, as well as a number of norms of regional provisions contradict the federal ones. To prevent such conflicts, it is necessary to take measures to review the regulations and adopt new provisions with clear and specific rules for the delineation of powers in the field of education.
{"title":"DIVISION OF THE SUBJECTS OF COMPETENCE AND POWERS BETWEEN THE STATE AUTHORITIES OF THE RUSSIAN FEDERATION, THE STATE AUTHORITIES OF THE SUBJECTS OF THE RUSSIAN FEDERATION AND LOCAL SELF-GOVERNMENT BODIES TO ENSURE THE RIGHT TO EDUCATION","authors":"Исипова Лалита Румановна","doi":"10.22394/2074-7306-2022-1-3-101-107","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-101-107","url":null,"abstract":"The article deals with the subject matter and powers of the federal center, regions and municipalities of the Russian Federation in the field of education. The principles of granting powers in the field of education are studied. Having studied this problem, we came to the conclusion that a number of powers of the executive bodies of the Russian Federation of different levels of competence exist outside the legislation, as well as a number of norms of regional provisions contradict the federal ones. To prevent such conflicts, it is necessary to take measures to review the regulations and adopt new provisions with clear and specific rules for the delineation of powers in the field of education.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49648472","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 : 2022-09-01DOI: 10.22394/2074-7306-2022-1-3-123-129
Дюжиков Сергей Александрович
The brief review of modern scientific research carried out in the article allowed to reveal the least studied, but perspective areas of application of mediation in the sphere of health protection. Mediation is a mutually beneficial resolution of conflicts in the provision of medical care. The article analyzes the norms of constitutional and administrative law, legislation regulating the mediation procedure to scientifically and practically substantiate the effectiveness of this procedure in the health care system.
{"title":"MECHANISM OF LEGAL PROTECTION OF THE RIGHT TO HEALTH CARE IN RUSSIA: ALTERNATIVE DISPUTE RESOLUTION – MEDIATION","authors":"Дюжиков Сергей Александрович","doi":"10.22394/2074-7306-2022-1-3-123-129","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-123-129","url":null,"abstract":"The brief review of modern scientific research carried out in the article allowed to reveal the least studied, but perspective areas of application of mediation in the sphere of health protection. Mediation is a mutually beneficial resolution of conflicts in the provision of medical care. The article analyzes the norms of constitutional and administrative law, legislation regulating the mediation procedure to scientifically and practically substantiate the effectiveness of this procedure in the health care system.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45011860","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 : 2022-09-01DOI: 10.22394/2074-7306-2022-1-3-160-166
Миллеров Евгений Владимирович
This article discusses the issues of legal struggle against prostitution as an antisocial phenomenon, in particular, the features and dimensions of administrative punishment for prostitution. Statistical data on the revealed facts of prostitution in Russia are analyzed with a comparison of these data with other illegal acts related to prostitution (both administrative offenses and crimes). The conclusion is made about the excessive leniency of administrative punishment for prostitution, the tightening of administrative punishment is proposed, as well as the establishment of criminal liability for prostitution by a person who continues to engage in prostitution during the period during which he is considered to be subjected to administrative punishment for a similar act, that is, the author proposes to introduce into the Criminal Code of the Russian Federation such a corpus delicti with the presence of there are administrative prejudices in it.
{"title":"ON THE NEED TO TIGHTEN THE LEGAL RESPONSIBILITY FOR PROSTITUTION","authors":"Миллеров Евгений Владимирович","doi":"10.22394/2074-7306-2022-1-3-160-166","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-160-166","url":null,"abstract":"This article discusses the issues of legal struggle against prostitution as an antisocial phenomenon, in particular, the features and dimensions of administrative punishment for prostitution. Statistical data on the revealed facts of prostitution in Russia are analyzed with a comparison of these data with other illegal acts related to prostitution (both administrative offenses and crimes). The conclusion is made about the excessive leniency of administrative punishment for prostitution, the tightening of administrative punishment is proposed, as well as the establishment of criminal liability for prostitution by a person who continues to engage in prostitution during the period during which he is considered to be subjected to administrative punishment for a similar act, that is, the author proposes to introduce into the Criminal Code of the Russian Federation such a corpus delicti with the presence of there are administrative prejudices in it.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48015477","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 : 2022-09-01DOI: 10.22394/2074-7306-2022-1-3-167-174
Фролова Елена Юрьевна, Кошлыкова Юлия Александровна
Biometric identification systems have now become quite widespread, since they use not specialized physical media for recognition, but signs or features of the person himself, which makes it possible to reliably identify a person for a given purpose. Biometric identification is the process of comparing and determining the similarity between a person's data and his biometric "template". Biometrics allows you to identify and verify a person based on a set of specific and unique traits inherent in him from birth. This article discusses certain types of biometric data to be identified, problems and prospects of their application.
{"title":"HUMAN IDENTIFICATION BASED ON BIOMETRIC DATA: A REVIEW OF MODERN TECHNOLOGIES","authors":"Фролова Елена Юрьевна, Кошлыкова Юлия Александровна","doi":"10.22394/2074-7306-2022-1-3-167-174","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-167-174","url":null,"abstract":"Biometric identification systems have now become quite widespread, since they use not specialized physical media for recognition, but signs or features of the person himself, which makes it possible to reliably identify a person for a given purpose. Biometric identification is the process of comparing and determining the similarity between a person's data and his biometric \"template\". Biometrics allows you to identify and verify a person based on a set of specific and unique traits inherent in him from birth. This article discusses certain types of biometric data to be identified, problems and prospects of their application.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45440155","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 : 2022-09-01DOI: 10.22394/2074-7306-2022-1-3-50-54
Команджаев Евгений Александрович
The article is devoted to the study of the influence of traditional civilizational features on the formation of institutions of public power in the Kalmyk society in the 19th – early 20th centuries. During this period, after the liquidation of the Kalmyk Khanate, the search for the most optimal model for managing Kalmyk society began, and Russian institutions of power began to penetrate more and more into Kalmykia. The purpose of the article is to study the institutions of public authority in the Kalmyk society on the basis of a civilizational and cultural approach. The main sources for us were the normative legal acts of the Russian Empire, dedicated to the management of the Kalmyks. As a result, we found that the influence of traditional principles on the institutions of public power in the Kalmyk society was strong during the existence of the Kalmyk Khanate. In the first half of the XIX century. the Russian government adopted the main regulations that fixed the system of governance of the Kalmyks. However, at the same time, some national institutions of power were preserved.
{"title":"THE INFLUENCE OF TRADITIONAL PRINCIPLES ON THE INSTITUTIONS OF PUBLIC AUTHORITY IN KALMYK SOCIETY IN THE 19th – EARLY 20th CENTURIES","authors":"Команджаев Евгений Александрович","doi":"10.22394/2074-7306-2022-1-3-50-54","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-50-54","url":null,"abstract":"The article is devoted to the study of the influence of traditional civilizational features on the formation of institutions of public power in the Kalmyk society in the 19th – early 20th centuries. During this period, after the liquidation of the Kalmyk Khanate, the search for the most optimal model for managing Kalmyk society began, and Russian institutions of power began to penetrate more and more into Kalmykia. The purpose of the article is to study the institutions of public authority in the Kalmyk society on the basis of a civilizational and cultural approach. The main sources for us were the normative legal acts of the Russian Empire, dedicated to the management of the Kalmyks. As a result, we found that the influence of traditional principles on the institutions of public power in the Kalmyk society was strong during the existence of the Kalmyk Khanate. In the first half of the XIX century. the Russian government adopted the main regulations that fixed the system of governance of the Kalmyks. However, at the same time, some national institutions of power were preserved.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46991348","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 : 2022-09-01DOI: 10.22394/2074-7306-2022-1-3-19-26
Исмайлов Хайям Джабраил оглы
Legal culture is closely connected with the social organization of society and is largely determined by the state and level of legal consciousness of people. The critical state of legal consciousness is one of the indicators of a low level of legal culture. It is well known that legal culture implies knowledge of the basic principles of law, awareness of the fundamental provisions of the current legislation and the ability to apply them. The lack of a legal base for the most important social relations, as well as the necessary knowledge of the most important legal norms, the provisions of the current legislation among subjects or citizens leads to the fact, that they cannot exercise their rights, without knowing about their rights and obligations, they will not be able to protect their legitimate interests. This article deals with the legal culture of ancient Azerbaijan, namely the Zoroastrian ideology, which is directly related to the formation of legal consciousness and political and legal culture of people living in this territory. The issues of the influence of the Zoroastrian religious and legal doctrine not only on the legal life of the inhabitants of this ancient land, but also on the formation of subsequent religious and philosophical and legal ideological trends in Azerbaijan are considered.
{"title":"LEGAL CULTURE IN AZERBAIJAN DURING THE PERIOD OF FORMATION AND SPREAD OF THE IDEOLOGY OF ZOROASTRIANISM","authors":"Исмайлов Хайям Джабраил оглы","doi":"10.22394/2074-7306-2022-1-3-19-26","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-19-26","url":null,"abstract":"Legal culture is closely connected with the social organization of society and is largely determined by the state and level of legal consciousness of people. The critical state of legal consciousness is one of the indicators of a low level of legal culture. It is well known that legal culture implies knowledge of the basic principles of law, awareness of the fundamental provisions of the current legislation and the ability to apply them. The lack of a legal base for the most important social relations, as well as the necessary knowledge of the most important legal norms, the provisions of the current legislation among subjects or citizens leads to the fact, that they cannot exercise their rights, without knowing about their rights and obligations, they will not be able to protect their legitimate interests. This article deals with the legal culture of ancient Azerbaijan, namely the Zoroastrian ideology, which is directly related to the formation of legal consciousness and political and legal culture of people living in this territory. The issues of the influence of the Zoroastrian religious and legal doctrine not only on the legal life of the inhabitants of this ancient land, but also on the formation of subsequent religious and philosophical and legal ideological trends in Azerbaijan are considered.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46374625","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 : 2022-09-01DOI: 10.22394/2074-7306-2022-1-3-154-159
Мосиенко Татьяна Александровна
The article deals with the actual problems of the practice of using the institution of surrogate motherhood in Russia and some foreign countries, including the countries of the Eurasian Economic Union. The author concludes that it is necessary to improve Russian legislation based on the positive experience of individual countries in the field of legal regulation of the use of new medical reproductive technologies such as surrogacy.
{"title":"IMPROVEMENT OF THE LEGAL REGULATION OF SURROGACY IN THE RUSSIAN FEDERATION","authors":"Мосиенко Татьяна Александровна","doi":"10.22394/2074-7306-2022-1-3-154-159","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-154-159","url":null,"abstract":"The article deals with the actual problems of the practice of using the institution of surrogate motherhood in Russia and some foreign countries, including the countries of the Eurasian Economic Union. The author concludes that it is necessary to improve Russian legislation based on the positive experience of individual countries in the field of legal regulation of the use of new medical reproductive technologies such as surrogacy.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44614612","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 : 2022-09-01DOI: 10.22394/2074-7306-2022-1-3-90-100
Рудой Василий Владимирович, Радачинский Юрий Николаевич
In accordance with the initial prerequisites of scientific research, the authors of this work proposed an original approach to the definition and relationship of the concepts of "state (municipal) authority" and "state (municipal) function". In order to increase the efficiency of organizing the activities of sectoral (functional) and territorial bodies of local self-government, the article describes the techniques of legal qualification, systematization and registration of state (municipal) powers, functions and services.
{"title":"SCIENTIFIC AND METHODOLOGICAL RECOMMENDATIONS ON LEGAL REGISTRATION OF POWERS, FUNCTIONS AND SERVICES CARRIED OUT BY INDUSTRY (FUNCTIONAL) AND TERRITORIAL BODIES OF LOCAL SELF-GOVERNMENT","authors":"Рудой Василий Владимирович, Радачинский Юрий Николаевич","doi":"10.22394/2074-7306-2022-1-3-90-100","DOIUrl":"https://doi.org/10.22394/2074-7306-2022-1-3-90-100","url":null,"abstract":"In accordance with the initial prerequisites of scientific research, the authors of this work proposed an original approach to the definition and relationship of the concepts of \"state (municipal) authority\" and \"state (municipal) function\". In order to increase the efficiency of organizing the activities of sectoral (functional) and territorial bodies of local self-government, the article describes the techniques of legal qualification, systematization and registration of state (municipal) powers, functions and services.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45011214","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：