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The Lieber Code 利伯密码
Pub Date : 2023-01-01 DOI: 10.31857/s102694520024323-6
Igor I. Butrim
The article presents the scientific biography of Francis Lieber, the author of the Code, which entered the literature under his name, shows the structure and characterizes the content of the codified act, which was the basis of the Hague Treaties, which was further developed in International Humanitarian Law as the law of war or the law of military conflicts.
本文介绍了《法典》的作者弗朗西斯·利伯(Francis Lieber)的科学传记,以他的名义进入文献,展示了编纂行为的结构和内容特征,这是海牙条约的基础,在国际人道主义法中进一步发展为战争法或军事冲突法。
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引用次数: 0
Expert “Round Table” “Ideas of Eurasianism in Russian law: theoretical and philosophical grounds and practice of implementation” 专家“圆桌会议”“俄罗斯法中的欧亚主义思想:理论哲学基础与实践”
Pub Date : 2023-01-01 DOI: 10.31857/s102694520024145-0
N. Krotkova
The review presents the material of the “Round Table” devoted to the analysis of the teachings of the Eurasians and the development of their ideas in the conditions of modernity (EAEU). Thus, the reports note that, theoretically, the teaching of the Eurasians was highly original, re-flecting the main properties of Russian culture and statehood. The Eurasians correctly pointed out the unifying role of Russia on the Eurasian continent. The reports also consider the role of law and courts operating in the system of the Eurasian Economic Union.
这篇评论介绍了“圆桌会议”的材料,专门分析欧亚人的教义和他们在现代性条件下的思想发展(EAEU)。因此,报告指出,从理论上讲,欧亚人的教学是高度原创的,反映了俄罗斯文化和国家的主要特性。欧亚人正确地指出了俄罗斯在欧亚大陆上的统一作用。报告还考虑了法律和法院在欧亚经济联盟体系中的作用。
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引用次数: 0
Theoretical and methodological problems and Military Law (to the publication of the monograph “Military Law”) 理论、方法问题与军事法(至专著《军事法》出版)
Pub Date : 2023-01-01 DOI: 10.31857/s102694520025210-2
A. Tushkov
The review analyzes some issues of methodological problems in the context of the discursive practice of Military Law in the collective monograph “Military Law” under the general editorship of A.N. Savenkov, A.V. Kudashkin, is the first 3-volume fundamental scientific publication, where based on the article presents a modern view of Military Law as a branch of the Russian legal system. One of the key aspects of the reviewed monograph are theoretical and methodological problems and discursive practice of Military Law research as a branch of domestic scientific law. This nominal circumstance in the presented article is the subject of the author’s consideration, which, in the opinion of the reviewer, deserves a separate scientific understanding and interpretation, since it served as the most important basis for the entire scientific concept of the presented monograph. In the article, the reviewer’s judgments are not indisputable, but it is important to have the following circumstance: the relevance of this monograph has been put forward as one of the most important scientific studies of the last decades in the field of Military Law in the system of Russian and International Law. Which, in turn, gives the scientific community an opportunity to take a closer and comprehensive look at all aspects of the issues studied in it.
本文分析了由A.N.萨文科夫、A.V.库达什金主编的集体性专著《军事法》在军事法话语实践背景下的一些方法论问题,该专著是第一部三卷本的基础科学出版物,在此基础上提出了作为俄罗斯法律体系分支的军事法的现代观点。本专著的重点之一是作为国内科学法学分支的军事法研究的理论和方法问题以及话语实践。这篇文章中名义上的情况是作者考虑的主题,在审稿人看来,这值得一个单独的科学理解和解释,因为它是所提出的专著的整个科学概念的最重要基础。在文章中,审稿人的判断并非无可争辩,但重要的是要有以下情况:该专著的相关性已被提出为近几十年来俄罗斯和国际法体系中军事法领域最重要的科学研究之一。这反过来又给了科学界一个机会,让他们更仔细、更全面地审视书中所研究问题的各个方面。
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引用次数: 0
Relations of administrative and legal protection as a kind of administrative and legal relations: concept, content, characteristics 行政与法律保护关系作为一种行政与法律关系:概念、内容、特征
Pub Date : 2023-01-01 DOI: 10.31857/s102694520024324-7
M. Kobzar-Frolova
Traditionally, the issues of legal regulation of the protection and protection of man and citizen are considered as one of the aspects of law enforcement. Social realities allow us to assert that, by virtue of the Constitution of the Russian Federation, a circle of specific public relations of administrative and legal protection has developed. These relations are regulated by the norms of administrative law, but have not yet received sufficient coverage and theoretical justification in the scientific works of domestic administrationists. The studied problems are of interest as a synthesis of law enforcement practice (the practical activities of subjects authorized in the field of administrative and legal protection, including in the field of labor protection, human health, sanitary and epidemiological welfare of the population, etc.) and the theory of administrative and legal relations, where the relations between public authorities and a person are harmonious, and based on an optimal balance of public and private interests. Consistently carrying out the correlation of the concepts of the terms “protection” and “protection”, based on historical and theoretical-legal ideas about these terms, the conclusion is formulated that their content and purpose are different. And the object of administrative and legal protection is different from the object of police protection. It also has differences from the activities of the judicial authorities. The use of comparative-legal, system-analytical, formal-logical and other methods of scientific cognition made it possible to identify a system of administrative-legal measures, methods and techniques through which the Government of the Russian Federation ensures the protection of constitutional rights and freedoms of man and citizen, creates guarantees for their implementation and exercises control (supervision) over the performance of the relevant duties assigned to authorized public authorities. The article analyzes the purpose and content of administrative and protective activities, defines the circle of authorized bodies (subjects) of administrative and legal protection, identifies elements of administrative and legal protection, provides a list of administrative and legal protection measures.
传统上,保护人和公民的法律规制问题被认为是执法的一个方面。社会现实使我们能够断言,根据《俄罗斯联邦宪法》,已经形成了一个行政和法律保护的具体公共关系圈。这些关系受到行政法规范的规范,但在国内行政学家的科学著作中尚未得到充分的覆盖和理论论证。所研究的问题是执法实践(行政和法律保护领域授权主体的实践活动,包括劳动保护、人类健康、人口卫生和流行病福利等领域)和行政和法律关系理论的综合,其中公共当局与个人之间的关系是和谐的,并以公共和私人利益的最佳平衡为基础。通过对“保护”和“保护”这两个术语概念的关联分析,结合历史和法理对这两个术语的理解,得出它们的内容和目的不同的结论。行政和法律保护的对象不同于警察保护的对象。它也与司法当局的活动有所不同。利用比较法律、系统分析、形式逻辑和其他科学认识方法,可以确定一套行政法律措施、方法和技术体系,俄罗斯联邦政府通过这些措施、方法和技术确保保护人和公民的宪法权利和自由,为其实施创造保障,并对分配给授权公共当局的有关职责的履行进行控制(监督)。本文分析了行政保护活动的目的和内容,界定了行政保护和法律保护的授权主体(主体)范围,明确了行政保护和法律保护的构成要件,提出了行政保护和法律保护的措施清单。
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引用次数: 0
On the question of legal regulation of investment activities in the Russian Federation 关于俄罗斯联邦境内投资活动的法律规制问题
Pub Date : 2023-01-01 DOI: 10.31857/s102694520025929-2
M. Kobzar-Frolova
The article provides a comparative legal analysis of the legislation in force in the Russian Federation that regulates various aspects of investments and investment activities. Duplication of the norms of laws, as well as their contradictions. Problems of inconsistency, lack of harmonization of the norms of individual regulatory legal acts. The author formulated the conclusion was made about the complexity and intricacy of the material norms in this area. All this creates problems in law enforcement practice, as evidenced by the accumulated series of judgments issued of arbitration courts of the Russian Federation. Some aspects of law enforcement practice on taxation of investment projects subjects of the Russian Federation. In conclusion, proposals are made to improve the legislation on investment activities.
该条对俄罗斯联邦现行的管理投资和投资活动各个方面的立法进行了比较法律分析。法律规范的重复,以及它们之间的矛盾。存在个体监管法律行为规范不一致、缺乏协调的问题。作者对这一领域物质规范的复杂性和复杂性作出了结论。所有这些都在执法实践中造成了问题,俄罗斯联邦仲裁法院发布的一系列累积判决证明了这一点。俄罗斯联邦投资项目主体税收执法实践的一些方面。最后,提出了完善投资活动立法的建议。
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引用次数: 0
Prussian codification of 1794 as a monument of law and an object of study 作为法律的丰碑和研究对象的1794年普鲁士法典
Pub Date : 2023-01-01 DOI: 10.31857/s102694520026687-6
Vladimir Kizyakovsky
The article is devoted to the general analysis of Landrecht of 1794 - a monument of law, which, according to the author, is unfounded, ignored by legal historians. Landrecht is unique in many ways: an unprecedented scope, the number of branches of law included, the legal sources used, the detailed method of presenting the rules, legal technique and language, the history of creation, focus on application in judicial practice, low “viability”, etc. Explain why the legislative act has such characteristics - the task of the historian of law. The study of the realities associated with this codification, the analysis of the structure, institutions and legal terminology, and finally, the translation and publication into Russian will fill the gap in historical and legal science and help in solving the most important issues for modern law enforcement practice, such as: assessment criteria legal act (understandability, accessibility, applicability, optimal combination of volume, structure and content, compliance with the ideological program of state power, continuity of legal norms and institutions, and many others) and the use of the legal experience of the past in the modern legislative process and law enforcement
这篇文章致力于对1794年兰德雷希特案的总体分析,这是法律的丰碑,根据作者的说法,这是没有根据的,被法律史学家所忽视。Landrecht在许多方面都是独一无二的:前所未有的范围,包括的法律分支的数量,所使用的法律来源,详细的规则呈现方法,法律技术和语言,创造的历史,注重在司法实践中的应用,低“可行性”等。解释立法行为为何具有这样的特征——法律史家的任务。对编纂相关现实的研究,对结构、制度和法律术语的分析,最后将其翻译并出版成俄文,将填补历史和法律科学的空白,并有助于解决现代执法实践中最重要的问题,例如:评估标准法律行为(可理解性,可及性,适用性,体积,结构和内容的最佳组合,符合国家权力的意识形态计划,法律规范和制度的连续性,以及许多其他)以及在现代立法过程和执法中使用过去的法律经验
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引用次数: 0
New ideas of Russian constitutionalism. Law as an element of the system of sacred and profane values 俄国宪政的新思想。法律作为神圣和世俗价值体系的组成部分
Pub Date : 2023-01-01 DOI: 10.31857/s102694520025224-7
E. Vinogradova
The formation of the modern Russian model of constitutionalism is contextually predetermined by the study of its institutions. The rethinking of the legal content of constitutional values is due to the emergence of new ideas that, in the format of interdisciplinary research, create the constitutional and legal basis of the Russian state identity. The article analyzes the influence of the system of sacred and profane values in the concepts of legal awareness and law enforcement on legal science. Previously, the sacred - profane system was not studied in domestic law. The proposed conceptual models for the inclusion of socio-philosophical phenomena in the system of constitutional values are important for a new understanding of constitutional values. The relevance of the study is due to the transformation of constitutional institutions in new readings of the Constitution of the Russian Federation after the adoption of amendments in 2020. The article analyzes the issues of influence on the social processes of profanization of sacred values. It is concluded that value orientations determine the criteria for the effectiveness of power and management, institutionalize legal awareness and law enforcement as regulators of public relations.
现代俄罗斯宪政模式的形成是由对其制度的研究决定的。对宪法价值的法律内容的重新思考是由于新思想的出现,以跨学科研究的形式,创造了俄罗斯国家认同的宪法和法律基础。本文分析了法律意识和执法观念中神圣与世俗价值体系对法学的影响。在此之前,国内法并没有对政教分离制度进行研究。所提出的将社会哲学现象纳入宪法价值体系的概念模型对于重新理解宪法价值具有重要意义。该研究的相关性是由于在2020年通过修正案后对俄罗斯联邦宪法的新解读中的宪法机构的转变。文章分析了神圣价值被亵渎对社会进程的影响问题。结论是价值取向决定了权力和管理有效性的标准,使法律意识和执法制度化,成为公共关系的监管者。
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引用次数: 0
Agrarian law in the 21st century: traditions and prospects of development (Review of the speeches of the participants of the International Scientific and Practical Conference - The Second Kozyrev Readings) 21世纪的土地法:传统与发展前景(回顾国际科学与实践会议-第二次科济列夫读经会上与会者的发言)
Pub Date : 2023-01-01 DOI: 10.31857/s102694520026814-6
V. Ustyukova
The article is a review of the speeches of the participants of the Second All-Russian Scientific and Practical Conference with international participation “Agrarian Law in the 21st century: traditions and prospects of development (Kozyrev Readings)”. Topical issues of legal regulation of agrarian relations in the context of new challenges and threats were widely discussed at the Conference. In the speeches of many participants, the increasing role of agrarian and legal science and agrarian and legal regulation in modern conditions of ensuring food security in Russia was noted. Among the most pressing problems were the problems of environmental protection in the field of agricultural production, ensuring the safety of agricultural products (including organic), state support for farmers, rational use of agricultural land, effective management of the land fund, development of agrotourism and rural areas, and others.
这篇文章是对第二届全俄科学与实践国际会议“21世纪的土地法:传统与发展前景”(科济列夫读本)与会者的发言的回顾。会议广泛讨论了在新的挑战和威胁背景下对土地关系进行法律规制的专题问题。许多与会者在发言中指出,在确保俄罗斯粮食安全的现代条件下,农业和法律科学以及农业和法律条例的作用日益增强。其中最紧迫的问题是农业生产领域的环境保护问题、确保农产品(包括有机农产品)的安全、国家对农民的支持、农业用地的合理利用、土地基金的有效管理、农业旅游和农村地区的发展等问题。
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引用次数: 0
Motherhood and childhood as a basis for family policy: modernity and historical heritage 母亲和儿童作为家庭政策的基础:现代性和历史遗产
Pub Date : 2023-01-01 DOI: 10.31857/s102694520024778-6
N. Letova
The article examines the trends in the development of social, including family, state policy at the present stage, taking into account the analysis of the novelties of the Constitution of the Russian Federation. Special attention Special attention is paid to the family, the institution of marriage based on traditional family values, children, ensuring the priority protection of their rights. The author reveals the features of providing social assistance to families with children, taking into account the development of legislation and the preservation of the historical heritage in the relevant norms on the protection of motherhood and childhood. The conclusion about influence of the legal status of the family, children on the order of measures of social assistance and support provided to them, determined depending on certain conditions and criteria, is substantiated, the fundamental importance of theoretical research on morality and ethics, their essential influence on the content of the law, on the formation of family politics and the spiritual basis of society and the state
本文考察了现阶段社会,包括家庭,国家政策的发展趋势,并考虑到对俄罗斯联邦宪法新颖性的分析。特别注意家庭、以传统家庭价值为基础的婚姻制度、儿童,确保优先保护他们的权利。作者揭示了向有子女家庭提供社会援助的特点,并在有关保护母亲和儿童的规范中考虑到立法的发展和对历史遗产的保护。关于家庭、儿童的法律地位对根据一定条件和标准确定的向他们提供的社会援助和支持措施的顺序的影响的结论得到了证实,道德和伦理理论研究的根本重要性,它们对法律内容,对家庭政治的形成以及社会和国家的精神基础的本质影响
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引用次数: 0
To the question of the concept of reforming the budget legislation 论预算立法改革的概念问题
Pub Date : 2023-01-01 DOI: 10.31857/s102694520025955-1
S. Zapolsky
The changes caused by the imposition of economic sanctions by unfriendly states predetermine the need to improve budget legislation. The formation of budgetary resources, their distribution among the links of the budgetary system, and the financing of state measures should be coordinated with national projects, which are now being formed separately from budget planning. The article touches upon possible measures to reform the budget legislation, as well as ways to increase the efficiency of revenue sources for financing national projects. Important is the creation of a special legal regime for mobilizing funds to the budgets and making expenditures provided for the implementation of national programs and for other purposes; it was proposed to allocate these monetary resources to the category of “budgetary ruble”.
不友好国家实施经济制裁所造成的变化预先决定了改进预算立法的必要性。预算资源的形成、预算资源在预算系统各环节的分配以及国家措施的筹资,都要与国家项目相协调,目前国家项目是在预算规划之外单独形成的。本文探讨了改革预算立法的可能措施,以及提高国家项目融资收入来源效率的途径。重要的是建立一种特别的法律制度,以便为预算调集资金,并为执行国家方案和其他目的作出支出;有人建议将这些货币资源分配给“预算卢布”类别。
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引用次数: 0
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Sovetskoe gosudarstvo i pravo
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