Pub Date : 2021-01-01DOI: 10.54072/26586568_2021_4_2_43
I. Ivanova
{"title":"SCIENTIFIC RESEARCH ACTIVITY OF YOUTH - CONTRIBUTION TO HUMAN CAPITAL","authors":"I. Ivanova","doi":"10.54072/26586568_2021_4_2_43","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_43","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"38 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74646386","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 : 2021-01-01DOI: 10.17072/1995-4190-2021-53-540-561
A. V. Dolzhikov
Introduction: the paper develops a thesis about the interdependence between the interdisciplinary approach and the method of legal-dogmatic research on proportionality. The dogmatic method makes it possible to define the essence of this principle provided that research relies on judicial practice. Methods: the paper applies the technique of conceptual jurisprudence as one of the most common forms of dogmatic methodology. The purpose of the research was to provide systematic and coherent analysis of the principle of proportionality with the application of the legal-dogmatic method. With this purpose in view, the paper is divided into three sections. The first section starts with the comparison of two concepts most commonly used in Russian legal science –sorazmernost’ (which translates into English as proportionality, but linguistically closer to the word ‘commensurability’) and proportsional’nost’ (proportionality). The second section discusses the concepts of legislative reconciliation and judicial balancing of conflicting interests. Finally, the third section analyzes two opposite but interacting forms of the principle of commensurability/proportionality – the prohibition of excessiveness and the prohibition of insufficiency. Results: the paper provides arguments for the use of the term commensurability (sorazmernost’) in Russian national jurisprudence as a generic concept. The term proportionality (proportsional’nost’) is of a foreign origin. It could be used as a synonym of the term commensurability as applied to the English-language or international model of this principle. The concept of reconciliation can be considered to cover the sphere of lawmaking, while the term balancing can be applied in relation to judicial weighing of private and public interests. These two conceptual models predetermine the difference in legitimacy of the parliamentary and judicial application of commensurability. The paper also argues that two functions of commensurability are complementary. One of them is reflected in the classic liberal prohibition of excessiveness, which aims to prevent government interference in the individual freedoms. According to the other function, which emerged later, commensurability prohibits the passivity of public authorities in the protection of constitutional rights (prohibition of insufficiency). The difference between the two functions of commensurability is expressed in the distinction between the corresponding negative and positive obligations of the government. We come to a conclusion that legal dogmatics should not become an end in itself, turning into formalism and scholastic disputes about concepts. Of more significance are the social consequences to which the application of certain concepts in constitutional adjudication leads.
{"title":"THE CONSTITUTIONAL PRINCIPLE OF PROPORTIONALITY: A LEGAL-DOGMATIC METHOD","authors":"A. V. Dolzhikov","doi":"10.17072/1995-4190-2021-53-540-561","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-53-540-561","url":null,"abstract":"Introduction: the paper develops a thesis about the interdependence between the interdisciplinary approach and the method of legal-dogmatic research on proportionality. The dogmatic method makes it possible to define the essence of this principle provided that research relies on judicial practice. Methods: the paper applies the technique of conceptual jurisprudence as one of the most common forms of dogmatic methodology. The purpose of the research was to provide systematic and coherent analysis of the principle of proportionality with the application of the legal-dogmatic method. With this purpose in view, the paper is divided into three sections. The first section starts with the comparison of two concepts most commonly used in Russian legal science –sorazmernost’ (which translates into English as proportionality, but linguistically closer to the word ‘commensurability’) and proportsional’nost’ (proportionality). The second section discusses the concepts of legislative reconciliation and judicial balancing of conflicting interests. Finally, the third section analyzes two opposite but interacting forms of the principle of commensurability/proportionality – the prohibition of excessiveness and the prohibition of insufficiency. Results: the paper provides arguments for the use of the term commensurability (sorazmernost’) in Russian national jurisprudence as a generic concept. The term proportionality (proportsional’nost’) is of a foreign origin. It could be used as a synonym of the term commensurability as applied to the English-language or international model of this principle. The concept of reconciliation can be considered to cover the sphere of lawmaking, while the term balancing can be applied in relation to judicial weighing of private and public interests. These two conceptual models predetermine the difference in legitimacy of the parliamentary and judicial application of commensurability. The paper also argues that two functions of commensurability are complementary. One of them is reflected in the classic liberal prohibition of excessiveness, which aims to prevent government interference in the individual freedoms. According to the other function, which emerged later, commensurability prohibits the passivity of public authorities in the protection of constitutional rights (prohibition of insufficiency). The difference between the two functions of commensurability is expressed in the distinction between the corresponding negative and positive obligations of the government. We come to a conclusion that legal dogmatics should not become an end in itself, turning into formalism and scholastic disputes about concepts. Of more significance are the social consequences to which the application of certain concepts in constitutional adjudication leads.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"11 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75605442","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 : 2020-01-01DOI: 10.17072/1995-4190-2020-49-550-575
Yu. V. Vasilyeva, S. Shuraleva
Introduction: the article studies the influence of an individual’s age on their vulnerability in labor relations. Purpose: to analyze the legal regulation applied to age-vulnerable groups of workers in labor law, to identify the factors of vulnerability, and to propose the directions of improving labor legislation taking into account the ILO policies and the experience of individual foreign countries. Methods: the methodological framework of the research is based on general, general scientific methods as well as some special methods (system-structural, formallegal, comparative-legal). Results: the UN approaches to the concept of vulnerability and vulnerable groups in international law have been studied. At the current stage, the protection of vulnerable groups is closely linked to the concepts of equality and non-discrimination, with the age factor serving as the basis for differentiation of legal regulation in labor law. The authors put forward a thesis that the first vulnerable categories of workers differentiated by age were minors, while older workers were not considered a vulnerable group until the end of the 20th century and did not have a special status despite the problem of ageism. The authors substantiate the presence of three vulnerable groups of workers distinguished by age: youth (including minors), women of childbearing age, and older persons. It is argued that a woman’s childbearing age should be recognized as a factor of vulnerability, but only when work is accompanied by harmful and dangerous conditions; in general, the significance of this factor is reducing, including due to the position of international bodies. It is noted that modern Russian labor law focuses on protecting the labor rights of minors, while they are young people aged 15 to 24 who are the most vulnerable in the labor market, as evidenced by the high rate of youth unemployment in this age segment. Analyzing the reasons for the lack of comprehensive legal regulation of youth labor at the state level, the authors turn to the strategies of transnational corporations aimed at attracting young professionals, as well as to successful foreign practices aimed at stimulating youth employment. Assessing the legal regulation of older people’s labor in Russia, the authors conclude that it does not yet fully take into account international approaches to the role of older people in the labor sphere. Older persons are a heterogeneous group, so the purpose of legal regulation is to properly place the emphases. The main goal of differentiating the legal regulation of work of persons nearing retirement age is to ensure their staying in employment and protect them against discrimination, while for persons who have already reached retirement age – to promote their health preservation and self-realization. Conclusions: the authors state the vulnerability of employment among young people over 18 and older persons, the lack of differentiation of their status in labor law, and suggest
{"title":"AGE AS A FACTOR OF EMPLOYEE’S VULNERABILITY IN LABOR LAW","authors":"Yu. V. Vasilyeva, S. Shuraleva","doi":"10.17072/1995-4190-2020-49-550-575","DOIUrl":"https://doi.org/10.17072/1995-4190-2020-49-550-575","url":null,"abstract":"Introduction: the article studies the influence of an individual’s age on their vulnerability in labor relations. Purpose: to analyze the legal regulation applied to age-vulnerable groups of workers in labor law, to identify the factors of vulnerability, and to propose the directions of improving labor legislation taking into account the ILO policies and the experience of individual foreign countries. Methods: the methodological framework of the research is based on general, general scientific methods as well as some special methods (system-structural, formallegal, comparative-legal). Results: the UN approaches to the concept of vulnerability and vulnerable groups in international law have been studied. At the current stage, the protection of vulnerable groups is closely linked to the concepts of equality and non-discrimination, with the age factor serving as the basis for differentiation of legal regulation in labor law. The authors put forward a thesis that the first vulnerable categories of workers differentiated by age were minors, while older workers were not considered a vulnerable group until the end of the 20th century and did not have a special status despite the problem of ageism. The authors substantiate the presence of three vulnerable groups of workers distinguished by age: youth (including minors), women of childbearing age, and older persons. It is argued that a woman’s childbearing age should be recognized as a factor of vulnerability, but only when work is accompanied by harmful and dangerous conditions; in general, the significance of this factor is reducing, including due to the position of international bodies. It is noted that modern Russian labor law focuses on protecting the labor rights of minors, while they are young people aged 15 to 24 who are the most vulnerable in the labor market, as evidenced by the high rate of youth unemployment in this age segment. Analyzing the reasons for the lack of comprehensive legal regulation of youth labor at the state level, the authors turn to the strategies of transnational corporations aimed at attracting young professionals, as well as to successful foreign practices aimed at stimulating youth employment. Assessing the legal regulation of older people’s labor in Russia, the authors conclude that it does not yet fully take into account international approaches to the role of older people in the labor sphere. Older persons are a heterogeneous group, so the purpose of legal regulation is to properly place the emphases. The main goal of differentiating the legal regulation of work of persons nearing retirement age is to ensure their staying in employment and protect them against discrimination, while for persons who have already reached retirement age – to promote their health preservation and self-realization. Conclusions: the authors state the vulnerability of employment among young people over 18 and older persons, the lack of differentiation of their status in labor law, and suggest ","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"50 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72501793","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 : 2020-01-01DOI: 10.17072/1995-4190-2020-48-290-321
L. Novoselova, M. Kolzdorf
{"title":"GENETIC INFORMATION AS INTELLECTUAL PROPERTY","authors":"L. Novoselova, M. Kolzdorf","doi":"10.17072/1995-4190-2020-48-290-321","DOIUrl":"https://doi.org/10.17072/1995-4190-2020-48-290-321","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"60 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77267244","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 : 2019-01-01DOI: 10.17072/1995-4190-2019-43-94-120
V. V. Stepanov
{"title":"SPECIFIC ASPECTS OF TAKING A NEGATORY ACTION TO PROTECT THE RIGHTS OF THE OWNERS OF PROPERTY IN A BLOCK OF FLATS","authors":"V. V. Stepanov","doi":"10.17072/1995-4190-2019-43-94-120","DOIUrl":"https://doi.org/10.17072/1995-4190-2019-43-94-120","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"5 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79219882","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 : 2019-01-01DOI: 10.17072/1995-4190-2019-46-698-727
A. Kuzmina
{"title":"PROTECTION OF THE WEAKER PARTY IN CONTRACT LAW: FORMATION OF THE DOCTRINE","authors":"A. Kuzmina","doi":"10.17072/1995-4190-2019-46-698-727","DOIUrl":"https://doi.org/10.17072/1995-4190-2019-46-698-727","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"2 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86262114","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 : 2019-01-01DOI: 10.17072/1995-4190-2019-46-672-697
E. Komissarova, T. Krasnova
{"title":"CHILD’S RIGHT TO FAMILY EDUCATION: REGULATIVE DIMENSION OF THE ISSUE","authors":"E. Komissarova, T. Krasnova","doi":"10.17072/1995-4190-2019-46-672-697","DOIUrl":"https://doi.org/10.17072/1995-4190-2019-46-672-697","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"97 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85981005","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 : 2019-01-01DOI: 10.17072/1995-4190-2019-43-6-18
N. Mikhailova, T. Shershen
{"title":"CELEBRATING THE 75th BIRTHDAY OF THE TEACHER – SERGEY GEORGIEVICH MIKHAILOV, DEAN OF THE LAW FACULTY AT PERM STATE UNIVERSITY","authors":"N. Mikhailova, T. Shershen","doi":"10.17072/1995-4190-2019-43-6-18","DOIUrl":"https://doi.org/10.17072/1995-4190-2019-43-6-18","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"11 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78602593","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 : 2019-01-01DOI: 10.17072/1995-4190-2019-45-442-466
K. Khudoley, D. M. Khudoley
442 Информация для цитирования: Худолей К. М., Худолей Д. М. Правосубъектность сиамских близнецов: история и современность // Вестник Пермского университета. Юридические науки. 2019. Вып. 45. C. 442–466. DOI: 10.17072/19954190-2019-45-442-466. Khudoley K. M., Khudoley D. M. Pravosub”ektnost’ soedinennykh (siamskikh) bliznetsov: istoriya i sovremennost’ [Legal Personality of Conjoined (Siamese) Twins: History and Modern Times]. Vestnik Permskogo universiteta. Juridicheskie nauki – Perm University Herald. Juridical Sciences. 2019. Issue 45. Pp. 442–466. (In Russ.). DOI: 10.17072/1995-4190-2019-45-442-466.
{"title":"LEGAL PERSONALITY OF CONJOINED (SIAMESE) TWINS: HISTORY AND MODERN TIMES","authors":"K. Khudoley, D. M. Khudoley","doi":"10.17072/1995-4190-2019-45-442-466","DOIUrl":"https://doi.org/10.17072/1995-4190-2019-45-442-466","url":null,"abstract":"442 Информация для цитирования: Худолей К. М., Худолей Д. М. Правосубъектность сиамских близнецов: история и современность // Вестник Пермского университета. Юридические науки. 2019. Вып. 45. C. 442–466. DOI: 10.17072/19954190-2019-45-442-466. Khudoley K. M., Khudoley D. M. Pravosub”ektnost’ soedinennykh (siamskikh) bliznetsov: istoriya i sovremennost’ [Legal Personality of Conjoined (Siamese) Twins: History and Modern Times]. Vestnik Permskogo universiteta. Juridicheskie nauki – Perm University Herald. Juridical Sciences. 2019. Issue 45. Pp. 442–466. (In Russ.). DOI: 10.17072/1995-4190-2019-45-442-466.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"120 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77412956","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 : 2019-01-01DOI: 10.17072/1995-4190-2019-46-728-751
T. Vilkova, L. Maslennikova
{"title":"LEGITIMACY AND UNIFICATION IN CRIMINAL PROCEEDINGS: FROM PROCEDURAL DOCUMENT FORMS TO THE ELECTRONIC CRIMINAL CASE","authors":"T. Vilkova, L. Maslennikova","doi":"10.17072/1995-4190-2019-46-728-751","DOIUrl":"https://doi.org/10.17072/1995-4190-2019-46-728-751","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"53 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85914399","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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