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Legal Regulation of the Aviation Business in Russia: Finding a Balance between Ensuring Transport Security and Air Transportation Efficiency 俄罗斯航空业务的法律规制:在确保运输安全和航空运输效率之间寻找平衡
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.1.5.
I. Minnikes, M.D. Esitashvili
The article discusses the trends in the development of legislation regulating the aviation business in the Russian Federation, in particular, theoretical and practical issues related to the efficiency and safety of air transportation, as well as the search for a balance between them. The article reveals the history of forming the concepts «transport security» and «aviation security» in the Soviet and modern Russian legislation. In order to clarify the Russian state authorities` powers distribution in the field of transport security and their consolidation in the current legislation, the authors investigate the features of the powers of these bodies in the historical retrospect from the beginning of the XIX century. The authors critically analyze the implementation of the certain provisions of the Government of the Russian Federation «On the approval of requirements for ensuring transport security, taking into account the safety levels for air transport vehicles», the implementation of which causes significant problems for air transport operators. It is established that the implementation of these provisions is difficult: it will significantly aggravate the existing economic situation of aircraft operators, and in combination with the general negative trends in the world can lead to a possible mass bankruptcy of domestic small and medium-sized airlines. The authors suggest ways to solve the identified problems. In particular, a possible solution in finding a balance between transport safety and the cost-effectiveness of air transportation may be a «transition period», during which the expansion of the requirements under study will affect only new aircraft.
本文讨论了俄罗斯联邦管制航空业务的立法发展的趋势,特别是与航空运输的效率和安全有关的理论和实际问题,以及寻求两者之间的平衡。本文揭示了“运输安全”和“航空安全”概念在苏联和现代俄罗斯立法中形成的历史。为了明确俄罗斯国家机关在运输安全领域的权力分配及其在现行立法中的巩固,作者从十九世纪初开始对这些机构的权力特征进行了历史回顾。作者批判性地分析了俄罗斯联邦政府“关于批准确保运输安全的要求,考虑到航空运输车辆的安全水平”的某些规定的实施情况,这些规定的实施给航空运输经营者带来了重大问题。可以确定的是,这些规定的执行是困难的:它将大大加剧飞机运营商现有的经济状况,并与世界上普遍的消极趋势相结合,可能导致国内中小型航空公司大规模破产。作者提出了解决已发现问题的方法。特别是,在运输安全和航空运输的成本效益之间寻求平衡的一个可能的解决办法可能是一个“过渡期”,在此期间,所研究的需求的扩大将只影响到新飞机。
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引用次数: 1
Organization of Public Power in the Constituent Entities of the Russian Federation: Reforming or Improving? 俄罗斯联邦主体中的公共权力组织:改革还是完善?
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.4.2.
E. Aleksandrova
The introduction of the principle of unity of public authority has led to the development of a new federal law «On the general principles of the public authority organization in the constituent entities of the Russian Federation». In this regard, the author set the goal: to determine how the provisions of this law change the system and status of public authorities of the constituent entities of the Russian Federation. When considering these issues a wide range of methods was used, including the method of analysis, comparison, logical, deduction and generalization. As a result of the study the features of the state power system of the constituent entities of the Russian Federation were identified, the main of which, in our view, is the attribution of the highest official to the mandatory bodies of state power of the constituent entities of the Russian Federation; the consistency of existing models of state power organization of the constituent entities of the Russian Federation was outlined. In this case, due to a different legal technique and the allocation of provisions on the highest official in a separate chapter of the law, there is a certain confusion with the definition of his position in the system of public authorities of the constituent entities of the Russian Federation. The author supports the provisions of the law on the inclusion of the highest official of a constituent entity of the Russian Federation among the mandatory in the system of public authorities of a constituent entity of the Russian Federation, and justifies the need to include provisions on it in the chapter on executive power bodies.
公共权力统一原则的引入导致了新的联邦法律“关于俄罗斯联邦组成实体中公共权力组织的一般原则”的发展。在这方面,发件人的目标是:确定该法的规定如何改变俄罗斯联邦组成实体的公共当局的制度和地位。在考虑这些问题时,使用了广泛的方法,包括分析法,比较法,逻辑法,演绎法和泛化法。通过研究,确定了俄罗斯联邦主体国家权力体系的特点,我们认为,主要特点是最高官员归属于俄罗斯联邦主体的强制性国家权力机构;概述了俄罗斯联邦各组成实体现有国家权力组织模式的一致性。在这种情况下,由于不同的法律技术和在法律的单独一章中分配关于最高官员的规定,对他在俄罗斯联邦组成实体的公共当局制度中的地位的定义存在某种混淆。发件人支持法律中关于将俄罗斯联邦组成实体的最高官员列入俄罗斯联邦组成实体的公共当局制度的强制性规定的规定,并说明有必要在关于执行权力机构的一章中列入有关规定。
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引用次数: 0
Social Certificate for State (Municipal) Services in the Social Spheres: To the Question of the Legal Nature 国家(市)服务在社会领域的社会证书:论法律性质问题
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2022.1.4.
U. Filatova
One of the actual directions of the modern legislation development in Russia remains legal provision of social sphere transition from state to private sector of economy. Along with the new legal phenomenon – social entrepreneurship – a number of other legal categories requiring theoretical understanding have appeared. This article analyzes the legal nature of the social certificate for public municipal services in the social sphere. According to the law, the social certificate is a registered document certifying the right of the consumer of services or his legal representative to choose a provider of social services in a certain volume and on certain conditions, as well as in the cases established by regulatory legal acts of a certain quality and the right of the provider of services to receive from the appropriate budget of the budgetary system of the Russian Federation funds for financial support (compensation) of costs associated with the provision of the relevant state (municipal) service. Due to the fact that the process of providing social services is regulated by both social and civil legislation, the study of the legal nature of the certificate for rendering services in the social sphere is carried out through the analysis of similar legal structures characteristic of both public (housing certificate, certificate for the right to receive maternity capital) and private law (securities, gift certificate). The author substantiates the conclusion that the certificate for the provision of state (municipal) services in the social sphere can be characterized as an obligation of option type with a number of features determined by the specifics of services that constitute the subject of this contract.
俄罗斯现代立法发展的现实方向之一是对国有经济向私营经济过渡的社会领域进行法律规定。随着社会企业家这一新的法律现象的出现,出现了许多其他需要理论认识的法律类别。本文分析了公共市政服务社会证书在社会领域的法律性质。根据法律,社会证书是一种登记文件,证明服务消费者或其法定代表人有权在一定数量和一定条件下选择社会服务提供者。以及在具有一定质量的规范性法律行为规定的情况下,服务提供者有权从俄罗斯联邦预算系统的适当预算中获得与提供有关国家(市)服务有关的费用的财政支助(补偿)资金。由于提供社会服务的过程受到社会和民事立法的管制,因此,通过分析公共(住房证、获得母性资本的权利证)和私法(证券、礼品券)的类似法律结构特征,来研究在社会领域提供服务的证书的法律性质。作者的结论是,在社会领域提供国家(市政)服务的证书可以被定性为一种期权型义务,具有若干特征,这些特征取决于构成本合同主体的服务的具体情况。
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引用次数: 0
Organizational and Legal Problems of the Judicial System and Judicial Proceedings Development in the Russian State (XV – XVI Centuries) 俄罗斯国家司法系统的组织和法律问题及司法程序的发展(十五至十六世纪)
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.4.1.
V. Babenko
The article deals with organizational and legal problems of the judicial system and proceedings in Russia in the XV - XVI centuries, the relevance of which remained in the subsequent periods of its history. In the period under consideration, judicial books as a new type of law sources became widespread. First, these were the Code of Laws (Sudebnic) of 1497 and the Code of Laws (Sudebnic) of 1550. In addition to them such sources as Stoglav of 1551, statutory books of separate orders, statutory letters of viceroyalty administration, gubnye and zemstvo letters, etc. were widely used. The subject of the research is not only normative legal acts, which regulated activity of judicial bodies, but also problems and peculiarities of Russian centralized state courts functioning during the period of reforms carried out by Tsar Ivan IV and oprichnina policy, aimed at central state power strengthening. The aim of the article is to reveal problems and peculiarities in the development of judicial system and legal procedure during the period of Russian centralized state formation and class-representative monarchy formation. The methodological basis of the work consists of historical legal and comparative legal methods. The article analyzes the causes and nature of changes occurring in the system of the judicial system and legal proceedings in Russia during the period under consideration. The author concludes that the use of the term «Moscow state» in the title of the period considerably limits the researchers' possibilities to study the regional materials concerning the peculiarities of the development of the local courts in the territories of the Volga region developed by Russia in the 16th century. The received results and conclusions can be used in studying the history of state and law.
文章处理的组织和法律问题的司法制度和诉讼在俄罗斯在十五至十六世纪,其相关性仍然在其历史的后续时期。在此期间,司法典籍作为一种新型的法律渊源得到了广泛的应用。首先是1497年法典(Sudebnic)和1550年法典(Sudebnic)。除此之外,1551年的stogllav,单独命令的法定书籍,总督行政的法定信件,gubnye和zemstvo信件等来源也被广泛使用。研究的主题不仅是规范司法机构活动的规范性法律行为,而且是沙皇伊凡四世和旨在加强中央国家权力的奥普里契纳政策进行改革期间俄罗斯中央国家法院运作的问题和特点。本文旨在揭示俄国中央集权国家形成和阶级代议制君主国形成时期司法制度和法律程序发展的问题和特点。本书的方法论基础包括历史法学方法和比较法学方法。本文分析了这一时期俄罗斯司法制度和诉讼制度发生变化的原因和性质。作者的结论是,在这一时期的标题中使用“莫斯科州”一词大大限制了研究人员研究有关16世纪俄罗斯发展的伏尔加河地区地方法院发展特点的区域材料的可能性。所得结果和结论可用于研究国家和法律的历史。
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引用次数: 0
Legal Awareness of Special Subjects as a Determinant of Their Legal Discretion 特殊主体的法律意识是其法律自由裁量权的决定因素
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2022.3.3.
S. Sumenkov
The article examines the interconnection between legal awareness and legal discretion of the special subject. The author notes the particular role of that type of the special subject as a subject of law enforcement is noted. It is these subjects who exercise the powers of power of public authorities, directly applying the norms of law. The author points out some contradiction between the objectively existing diversity of social relations and the reference nature of law. In this aspect, the author pays considerable attention to the norms of a dispositive nature indicating the framework limits of the action of the law enforcement officer. This kind of a norm is initially endowed with such a quality as legal uncertainty that determines the practical significance of legal discretion. The article reveals the essence of law enforcement discretion, its role in the implementation of legal norms and individual legal regulation. The article covers the algorithms for making law enforcement decisions that are taken as a result of discretion as a special kind of thought activity of a special subject. The obvious dependence of the discretion of the law enforcement official on sense of justice of the last is emphasized. The main role is played by professional legal consciousness, consisting of various components of legal psychology and legal ideology. Practical examples prove the need for law enforcement discretion, the absence of which entails a gap in legal regulation. At the same time, the author draws the attention to the possibility of abuse of the right of both the consequence of the defective legal norms and the legal awareness of the subject of law enforcement. Attention is paid to the need for constant work both on improving legal prescriptions that allow for the possibility of law enforcement discretion and a positive impact on the legal consciousness of the subject of law enforcement.
本文考察了特殊主体的法律意识与法律自由裁量权之间的联系。发件人指出,这类特别主体作为执法主体的特殊作用已得到注意。正是这些主体行使公权力的权力,直接适用法律规范。客观存在的社会关系的多样性与法律的参照性之间存在着矛盾。在这方面,作者相当重视指示执法人员行动的框架限制的决定性规范。这种规范最初被赋予了法律不确定性的性质,决定了法律自由裁量权的现实意义。本文揭示了执法自由裁量权的本质及其在法律规范实施和个人法律规制中的作用。本文将执法决策的算法作为一种特殊主体的特殊思维活动进行讨论。强调了执法人员的自由裁量权对执法人员正义感的明显依赖。职业法律意识起着主要作用,它由法律心理和法律思想的各个组成部分组成。实际例子证明需要执法自由裁量权,缺乏这种自由裁量权就会导致法律法规的空白。同时,从法律规范缺失的后果和执法主体法律意识的缺失两方面指出了权利滥用的可能性。注意到需要不断努力改进法律规定,使其允许执法自由裁量权的可能性,并对执法主体的法律意识产生积极影响。
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引用次数: 0
Crimes and Punishments according to Salic and Ripuarian Laws 根据Salic和Ripuarian法律的罪行和惩罚
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.1.1.
A. Makutchev
The article presents the results of the analysis of the Frankish criminal law main provisions in the Early Middle Ages, namely, the aspects of the application of punishments for the main types of crimes. This analysis was based on the norms of two sources: the Salic Law, which is deservedly considered to be one of the most important barbarian laws, and the Ripuarian Law, which is less studied in domestic historiography, which consolidated the customary law of the Ripuarian Franks. The aim of the study was a comparative analysis of the Salic and Ripuarian laws, aimed at identifying both common characteristics of criminal law for both documents, and features that reflect various aspects of the Salic and Ripuarian Franks social and economic development. In the course of the conducted research, the qualification of the main criminal offenses according to the Ripuarian and Salic Laws was determined, the characteristic features of the criminal legislation fixed by both sources were identified (class status, the predominance of material penalties, etc.). Based on the comparison of the norms of both Laws, the author also concludes that the historical value of the Ripuarian Law is higher than it is commonly believed: while repeating the norms of the Salic Law in some parts, neverthelessб it does not duplicate it, but complements and expands the characteristics of a legal institutions number.
本文分析了中世纪早期法兰克刑法的主要规定,即主要犯罪类型的刑罚适用方面。这种分析是基于两个来源的规范:萨利克法(Salic Law),它当之无愧地被认为是最重要的野蛮人法律之一;以及利普里亚法(Ripuarian Law),在国内史学中研究较少,它巩固了利普里亚法兰克人的习惯法。这项研究的目的是对Salic和Ripuarian法律进行比较分析,目的是确定这两个文件的刑法的共同特征,以及反映Salic和Ripuarian Franks社会和经济发展的各个方面的特征。在进行研究的过程中,根据Ripuarian法和Salic法确定了主要刑事犯罪的资格,确定了两种来源确定的刑事立法的特征(阶级地位,物质惩罚的优势等)。在对两种法律规范进行比较的基础上,作者还得出结论,Ripuarian Law的历史价值比人们普遍认为的要高:虽然在某些部分重复了Salic Law的规范,但它并不是复制它,而是补充和扩展了法律制度号码的特征。
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引用次数: 0
CONDITIONS FOR RESTORATION OF THE TERM FOR APPEALS IN CIVIL PROCEEDINGS AT THE REQUEST OF A PERSON NOT INVOLVED IN THE CASE 在民事诉讼中,经与案件无关的人请求恢复上诉期限的条件
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2019.4.5
T. Otcheskaya, T. Afanasieva
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引用次数: 0
The Discrediting Factor in the Legal Responsibility Implementation Mechanism: General Theoretical Aspect 法律责任实施机制中的失信因素:理论概论
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.2.3.
S. M. Vorobyev, I. Kusmin
The purpose of this study is a general theoretical characterization of the discrediting factor in the mechanism of legal liability implementation. The authors indicate the negative impact of discrediting on the effectiveness of legal liability and, in general, the work of bodies and officials in bringing to justice and its implementation. Specific forms (manifestations) of discredit are named, and their analytical description is given in relation to the subject of study. The necessity of countering discrediting at various stages of the dynamics of responsibility, including law-making and subsequent law enforcement activities, is justified. The relationship between the quality of the general legal theory of legal responsibility and the interdisciplinary methodology is indicated. It is proposed to develop a scientific and legal strategy to expand the research tools for understanding the social and legal reality that develops around the organization and implementation of activities for the assignment of legal responsibility. Based on the specifics of the discrediting effect, the article discloses the specifics of the discrediting factor in relation to the system of law enforcement agencies directly involved in the mechanism of implementing legal liability. The authors use statistical data indicating the level of trust in the institutions of public power, taking into account the discrediting influence exerted on them, and formulate the basic guidelines for the intensification of a comprehensive fight against discredit in the mechanism of legal liability implementation.
本研究的目的是对法律责任实施机制中的可信度因素进行一般性的理论表征。作者指出,撤销名誉对法律责任的效力产生不利影响,一般来说,对机关和官员将罪犯绳之以法及其执行的工作产生不利影响。本文列举了失信的具体表现形式,并结合研究对象对其进行了分析描述。在责任动态的各个阶段,包括立法和随后的执法活动中,有必要反对抹黑,这是有道理的。指出了一般法律责任理论的质量与跨学科方法论之间的关系。建议制定科学和法律战略,以扩大研究工具,以了解围绕法律责任分配活动的组织和实施而发展的社会和法律现实。本文从抹黑效应的具体表现入手,揭示了执法机关直接参与法律责任实施机制的制度性抹黑因素的具体表现。作者利用统计数据表明公众对公共权力机构的信任程度,并考虑到对公共权力机构的失信影响,制定了在法律责任实施机制中加强全面打击失信的基本方针。
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引用次数: 0
The crime for the first time and its reflection in the criminal legislation of Russia: history of issue 首次犯罪及其在俄罗斯刑事立法中的反思:问题的历史
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2020.2.3
D. Parkhomenko
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引用次数: 0
Theoretical and Legal Problems of Introducing the Term «Senator» to the Constitution of the Russian Federation 在俄罗斯联邦宪法中引入“参议员”一词的理论和法律问题
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2020.3.8
E. Madaev
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引用次数: 0
期刊
Prologue: Law Journal
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