Universal digital competences: higher education personalisation for digital economy
... aspects of data, and adaptability to technologies. Based on a synthesis of international practices, a model of digital competency personalization for distance learning conditions is proposed, which includes data literacy, digital ecosystem management, and legal awareness. The necessity of personalizing educational trajectories according to learners’ cognitive styles is also substantiated to overcome normative rigidity. The conclusions emphasize the importance of modernizing educational programs through ...
Problems of obtaining evidentiary information contained in electronic messages during crime investigation
... investigative actions related to the seizure of information contained in electronic messages. The study draws on the works of domestic experts in the field of forensics, focusing on the use of information technologies in crime investigations; normative legal acts regulating the procedures for seizing electronic messages and other communications transmitted over telecommunications networks. The research employed methods of analysis, systematization, and generalization of information. As a result of the study, deficiencies ...
Kant’s lectures on natural law: Justice and conscientiousness
... meaning of justice. Moreover, such translation of Billigkeit creates a false connection with the realm of law, which Kant tried to avoid stressing the difference between Billigkeit and Gerechtigkeit. If Gerechtigkeit relates to external deeds subject to legal regulation and external enforcement, Billigkeit relates to tacit intentions and dispositions that cannot be controlled from the outside. This supports the thesis about the difference between ethics and law and the need for a more accurate identification ...
The legitimation and criticism of violence in international law. A po¬litical science perspective
This article considers the practice of justification of arbitrary use of force, which poses a paradox and was not foreseen in Kant’s peace project. It is paradoxical because modern international law — unlike classical law — is aimed not at regulating wars but maintaining peace. However, the UN Charter provides for the right to self-defence before the collective resolution is adopted. Despite rather strict legal restrictions and international court procedures, cases of abuse of this right occur on a frightening scale. A considerable threat is posed by that it is ‘indirect’ self-defence manifested in interventions, be it ‘humanitarian’ interventions ...
The policy of cosmopolitism: from universalism to pluralism
... to the search for an adequate justification for the modern policy of cosmopolitism. The author maintains that the legitimation of cosmopolitism is of rather cultural than political nature. Liberal cultural pluralism based on universal political and legal principles (Kant and Rawls) proves to be insufficient. However, it provides the means to solve the problems and to avoid the extremes of cultural cosmopolitism, such as the European “negative identity”, juridification, and new modern forms of ...
Heritage aspect of personal insurance
The relevance of the presented study lies in the active process of reforming domestic civil legislation, and in particular, the rules of insurance. A number of proposals for changing the current legal regulation, formulated in the Concept for the Development of the Provisions of Part Two of the Civil Code of the Russian Federation on Insurance Contracts, naturally need a thorough doctrinal assessment. Such proposals also include the hereditary aspect ...
Legal regulation of activities in the Arctic in the context of sanctions
The article explores the sanction factor impact on the legislative framework regulating Russian and European joint economic activities in the Arctic. The fundamental documents on the joint projects with the European Union get analyzed in the context of the sanction factor. The paper focuses on changes in the legislative framework ...
Crime situation as an object of criminal law and criminological impact
... situation as an object of focus of criminological and criminal justice measures of crime prevention. The methodology of the research relied on both general scientific methods (logical and systemic methods, method of analysis) and the method of formal legal analysis for interpreting the norms of criminal procedure and criminal law. The author demonstrates the growing attention to the crime situation, and this awareness contributes to crime prevention both at the level of regular practice and the ...
Writ and simplified proceedings in civil process: a comparative analysis
The article reveals the concept and features of writ and simplified proceedings in the civil process. A comparative analysis is carried out in the historical aspect of the development of institutions; in legal regulation; in procedural matters of production; in the prospects and benefits of development. The research focuses on the provisions of the Civil procedure code of the Russian Federation related to the implementation of simplified production and some ...
On implementation of legal investigation in the Russian criminal process
... area of criminal procedural law governing the power to gather evidence by a lawyer is the most sensitive and vulnerable point for criticism from analysts. The process of evidence gathering in the framework of the criminal process should be ultimately regulated so that to exercise several principles of criminal justice, including the presumption of innocence, ensuring the suspect the right to defense, adversary parties who should not act only in trial, but also at the preliminary investigation ...
The legal regime of information systems in Russian agriculture
In this article, I consider the development and use of information systems in the case of Russia’s agricultural industry. I compare the information system with information and the information infrastructure and show that agriculture lacks a single information infrastructure. Further, I review existing classifications of information systems and the types of information provisions using such systems. I consider national and municipal information system as a means to provide state and municipal services...
Joint accounts
This article analyses provisions of the draft civil code on joint accounts. The authors focus on enforcement practices and justify the need for the legal regulation of this type of accounts.
1. Положение об эмиссии платежных карт и об операциях, совершаемых с их использованием (утв. Банком России 24.12.2004 г. № 266-П) ...
The improvement of law enforcement activities in the field of environmental security in Russia
... pollution often prove to be ineffective. The complications associated with identifying environmental crimes and concrete offenders result in increasing latency of environmental crimes. There is a need to decrease their latency in Russia through improving legal regulation and control in the field of environmental protection.
1. Бессарабов В. Г., Добрецов Д. Г., Суслова Н. В. Прокурорский надзор за исполнением природоохранного законодательства ...
The transition to the federal contract system in Russia: the centralisation of procurement and the enhancement of its efficiency
The introduction of the contract system in the field of procurement in the Russian Federation entails significant changes in the established practices. The scope of legal relations governed by the rules of regulation of public and municipal procurement is increasing. The expansion of methods for procurement centralization contributes to the efficacy of actions of those participating in the process. The introduced limitations on procuring from a single supplier ...
The system of ethical codes of modern Russia
This article considers the formation of ethical codes in modern Russia. The authors investigate legal acts regulating the creation, implementation, and preservation of ethical standards. The article offers a system of ethical codes and identifies certain problems of their application.
1. Бережкова Н. Ф. Роль этических норм в деятельности ...
Legal regulation of civil liability of institutions
This article considers the features of regulating civil liability of institutions in view of the recent changes to the legislation and investigates the key issues regarding the application of civil liability to private, public, budgetary, and autonomous institutions. Special attention is paid ...
The sole executive body of a commercial organisation as an employee: Some problems of authority delegation
This article emphasizes the lacunae in the legal regulation of termination of powers and employment agreement of executive officers in connection with the replacement of the exclusive executive body.
1. Трудовой кодекс Российской Федерации от 30.12.2001 № 197-ФЗ ...
The problems of legal regulation of the free customs zone in the Kaliningrad region
This article discusses the features of application of the free customs zone procedure in the Kaliningrad region, draws attention to the problems arising in the judicial practice relating to the application of the said customs procedure, and proposes measures to improve the mechanism of the customs zone procedure applied in the Kaliningrad region in the conditions of the Customs Union.
1. Об Особой экономической зоне в Калининградской области и о внесении изменений в некоторые законодательные акты...
The problems of assessing the efficiency of budget investment finacning through the prgoramme-target method
The article describes the major legal acts regulating the transition to budget planning through the program-target method, offers an analysis of the general features of planning the federal and Kaliningrad regional budgets through this method, considers the concepts of investment, budgetary investment,...
Possession and possessory protection: the problems of legal regulation and practical implementation in the context of civil law reforms
This article focuses on the issues of introduction of possession and possessory protection into the Russian Civil Code. It is emphasized that the authors of the draft bill did not manage either to develop a consistent approach to possession as a fact or justify theoretically the need for such innovation and its practical significance for modern Russian law and order.
1. Концепция развития гражданского законодательства РФ. М., 2009.
2. Концепция развития законодательства о вещном праве // Вестник...
Договоры на обслуживание пластиковых карт: новое в законодательстве (О проекте ФЗ «О внесении изменений в части первую, вторую, третью и четвертую ГК РФ, а также в отдельные законодательные акты РФ»)
... Гражданского кодекса Российской Федерации, а также в отдельные законодательные акты Российской Федерации».
This article considers the existing procedure of legal regulation of contracts for the issues/usage of bank cards, including the liabilities of banks relating to such contracts. The author focuses on the position of legislator in the context of the discussion of the draft law On Amending Parts One, Two, Three,...
Вопросы совершенствования специального правового режима предпринимательства в Калининградской области
... регулирования и правоприменительной практики по исследуемой теме.
This article considers the central issues of improving legislation on еntrepreneurship in the Kaliningrad region, the application of the legal regime of Free economic zone, and its development. The authors offers several variants of solving the problem of regulation and law enforcement practice in the framework of the topic studied.
1. Об Особой экономической зоне в Калининградской области и о внесении изменений в некоторые законодательные ...
Правовое регулирование финансово-хозяйственной деятельности учреждений
... основе субсидий.
This article considers the features of financial and economic activity of educational institutions. Special attention is paid to the features of business activity carried out by educational institutions, as well as civil and legal regulation of the privity in the sphere of education. The article also identifies pros and cons of the legislative approach to the regime of educational institution financing and specifies the problems arising from subsidy-based activities.
1. О внесении ...
Bank Card Operations
The article considers civil problems of payment by bank cards and analyses the existing legal base. The author suggests methods of improving the legislation regulating payments by bank cards.
1.
Положение
об эмиссии банковских карт и об операциях, совершаемых с использованием платежных карт: утв. ЦБ РФ 24.12.2004 ...
Some Aspects of Development of Law on Competition Protection in terms of Exploitation of Property in State and Municipal Ownership
This article analyses the issues of legal regulation in the framework of concluding contracts on the disposition of state and municipal property and considers the opportunities of improving antimonopoly legislation in the given field.
1.
О защите
конкуренции: федеральный ...
The legal regulation of inflicting damage on a criminal during detainment in the criminal codes of foreign states
This article deals with the provisions of a number of international criminal codes determining the permissible damage that can be inflicted on the criminal during detainment, thus creating the theoretical framework for the improvement of the corresponding provisions of the Criminal code of the Russian Federation.
1.
Уголовный
кодекс Сербии / пер. миссии ОБСЕ в
S
аМ // Официальный вестник Республики Сербия. 2005. № 85; 2005. № 88; 2005. №107.
2.
Уголовное
законодательство Норвегии / науч....
The formation and development of regional system of commissioning non-profit organisations for social services
This article is an attempt at a comparative analysis of legal documents regulating social services commissioning in a number of constituent entities of the Russian Federation. Furthermore, the authors specify the concept of the given form of interaction of public authorities and noncommercial organizations and describe the ...
The practical problems of bank card usage
This article examines the practical aspects of the use of bank cards in civil circulation. The author analyses the existing legal framework and practice of the courts and puts forward proposals concerning the improvement of legislation regulating the bank card payments.
1.
Ротко С.
В.
Банковские карты как ценные бумаги будущего // Банковское право. 2010. №
32.
2.
Положение
об эмиссии банковских ...
Some problems of applying competition protection legislation to transactions related to the disposal of property of public and municipal unitary enterprises
This article analyses certain problems of legal regulation in the field of agreements on the disposal of property of public and municipal unitary enterprises. The authors consider the ways to improve the corresponding legislation.
1.
О защите
конкуренции: федеральный ...
Influence of ecological changes on hospitality industry technologies
... absence of processing enterprises in the regions. It is concluded that green trends of accommodation facilities in the Russian and Kaliningrad hospitality sectors are not dynamic enough, which requires further enhancement of the regulatory and legal framework in the hospitality industry, including the introduction of eco-technologies.
Coastal zone as an object of environmental law
This article analyses the condition of the legal regulation of coastal zone social relations in the current legislation of Russia and other countries.
1.
Береговой
кодекс РФ. Проект общей части / отв. ред. А.
К. Щукин. СПб., 2001.
2.
...