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No 5 (2018)
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EXPERT OPINION

16-27 363
Abstract
The aim of the article is to analyze the theoretical and legal problems associated with the formation of a new complex branch of law - the research law in the context of globalization and the great challenges facing Russia. The subject of the article is qualitative characteristics, features and principles of the research law. The article is written using general scientific, philosophical and special legal methods of cognition, and is built on a new object - the research law. By results in the article the characteristics of the basic features and peculiarities of the research law and prospects of its development are given. The analysis of the formation of a new complex branch of law - the research law and its connection with legal theory and practice - is carried out in the Russian legal science for the first time. The article formulates practical proposals that are recommended to be used for the development of this new branch of law in the Russian Federation.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ КОНЦЕПТУАЛЬНЫЕ ОСНОВЫ СРАВНИТЕЛЬНОГО ПРАВА

28-34 271
Abstract
In comparative law, the many terms and metaphors used to describe the phenomenon of legal borrowings. Since 1974, the legal transplant has become the dominant metaphor, while specialists in the comparative law offer a number of alternatives to conceptualise the legal transplantation phenomena. The Article focuses on metaphors that take into account the the post transfer effect on the recipient legal system and what measures have to be taken to ensure that the legal transplant is successful. on the one hand, a metaphor is instrument which help to catch subtleties and the complexity of the legal transplantation phenomena. On the other hand, a metaphor do not always help to erase the conceptual issues. Metaphors are only suggestive.
35-44 418
Abstract
The article is devoted to the methodological role of legal culture. The author considers the concept, the characteristics and the types of legal culture. The significance of legal culture in the research of composition and functions of legal system is also examined. In the process of the research the role of legal culture in the study of types of modern legal systems is discovered. The author uses national and foreign legal experience.
45-51 231
Abstract
The article is devoted to the comparative law methodology issue. The objectives: to form an understanding concerning the role of the «measure of law» in cognizing the processes that take place on the legal map of the modern world. From the standpoint of the general state and law theory this piece of work provides an insight to the categories as «a measure of law» and «a measure within law», there are conclusions drawn about the epistemological effect that they have. The methodological significance of the measure of law for comparative studies is viewed through the lens of such types of comparative analysis as a functional comparison and a comparative legislation. To conclude the article, basing on the ideas of the postclassical epoch of comparative studies, the measure of law potential in comparative legal analysis is described. To end up, it is also defined that a measure of a legal enforcement subject’s juridical liberty as a universal criterion would be an appropriate universal methodological reference point.

ПРОБЛЕМЫ ИНТЕГРАЦИИ И ИНТЕРНАЦИОНАЛИЗАЦИИ ПРАВА И ПРАВОВЫХ СИСТЕМ

52-62 205
Abstract
The article presents a comparative legal analysis of various approaches to the presentation of the General theory of law that existed within the Russian and foreign law schools. The author puts forward the idea of the need for the evolution of the General theory of law in Russia through the prism of comparative approach to the assessment of the legal phenomenon.
63-70 298
Abstract
Federalism as a complex phenomena bringing together legal and political reality has numerous models associated with a concrete country. American model, being the first, is a starting point for diachronic comparative analysis. This ring of analysis reflects different historical periods of federalism and describe the process of federalization in full detail. But more popular with the researchers (especially with theoritions and constitutional jurists) is synchronic comparative analysis which is based upon study of simultaneous events. Different variants of simultaneous comparison are suggested, including analysis of similar and polar cases. Some examples of the concrete research and projects are mentioned - books and conferences done at Penza State University among them.
71-77 233
Abstract
The article deals with financial relations between central and local authorities in the countries of the modern world. It's argued that local authorities’ financial basis has the dualist character and consists of their own revenues as well as of receipts from the state budget. Analyzing local authorities' main sources of income the author points out that the revenues of local authorities aren’t usually enough to cover their expenses. That is why a part of local expenses is being financed by subsidies from higher authorities. In this situation local authorities’ success depends not so much on themselves as on the amount of subsidies received from the center. In this context constitutional norms regulating municipal finances and slightly limiting the use of financial lever by the state seem to be of paramount importance.
78-83 370
Abstract
This paper deals with the secession in the European integration by example of Greenland and Great Britain. A comparative analysis of the withdrawal procedure for Greenland and Great Britain has been done, as well as the initiation of the Article 50 of the Treaty on European Union. Special attention is given to the changes taking place in the UK arising from its exit from the EU. The author concludes that there are significant differences in discussed procedures.
84-93 211
Abstract
In the work conducted a study of the legal framework of the cooperation between European Union and Serbia in the energy sector. Particular attention is given to complex political and legal analysis of the bilateral cooperation between the parties. The main task of study was, not just to determine their quality and adequacy, but also by selecting Serbia as an object considered, to determine the position and main elements of external policy of this regional European integration. In this study are shown the negative aspects of the legal regulation of the energy sector in the EU, which, based on their dual characteristics, requires the development of sustainable universal legal solutions in this area in its relations with Serbia, as a candidate to membership in this regional organization.
94-103 426
Abstract
The author substantiates the importance and relevance of the strategic task (at the national, regional and international levels) of the combat against information terrorism. The international community, recognizing the need for joint and targeted counteraction to information terrorism, has not reached an agreement so far, both for objective and subjective reasons, concerning the creation of an integrated information security system based on the combination and concerted action of specific legal, organizational and technical measures. In the context of the global cross-border use of information and communication technologies in all spheres of society (economic, political, cultural and other), sharply increasing danger of terrorists irreparable damage to the national interests of any country. The authors, based on the analysis of Russian and foreign approaches, finding expression in international and national legal acts, as well as doctrinal views, indicate the main theoretical and applied problems of combating information terrorism.
104-108 283
Abstract
Legal aspects of relations between the European Union and major international organizations are considered in the presented article. In the existing circumstances, developed countries, in order to achieve their goals, have to unite in various international organizations. The European Union today is one of the largest suppliers of goods and services at the global level. Many financial, economic, political and many other tasks can not be solved without taking into account its opinion. This does not exclude that the European Union does not pursue its own goals and objectives by interacting with various international organizations. In this article, the role of implementing the external competence of the European Union will be examined, for example, relationships with international organizations such as the United Nations (UN), the International Labor Organization (ILO), the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO).
109-125 716
Abstract
Development of information technologies has influenced a lot content, implementation and protection of a number of fundamental human rights such as right to life, freedom of opinion and expression, right to privacy, etc. The present article focuses on the extend of the above rights in the context of the ongoing changes, determines status and content of the new notions such as right to internet, right to internet access, right to be forgotten within the contemporary human rights framework.
126-131 316
Abstract
The subject of the article is network neutrality and its regulation in the European Union and Russia, the aim is to consider some of the risks and approaches to regulating network neutrality. The methodology of the article is a theoretical study of hypotheses proposed as approaches, a historical method. The results of the work are: the review of the history of the development of the presence and absence of network neutrality, approaches to its regulation in the European Union and Russia. The field of application of the research results is the study of EU experience in legislative activities and their possible use in legislative activities in the Russian Federation. The novelty of the study is confirmed by the novelty of the materials submitted for analysis (2017-2018) and the lack of media coverage and previously published works of the risks and approaches under consideration. The findings of the study are presented as theses of approaches in regulating the availability (absence) of network neutrality and their (non) approval by the author.

ОБРАЗОВАТЕЛЬНАЯ СРЕДА

132-145 212
Abstract
The purpose of the article is to provide a systematic overview of legal rules governing the mutual recognition of education and professional qualifications in the European Union (EU). The European system of mutual recognition may be considered as a complex consisting of two parts: professional and academic recognition. The former provides the employed as well as self-employed persons from one EU Member State with a right to practice his or her profession in any other EU Member State using diplomas or professional certificates received in his native country. The latter concerns students wishing to continue their education abroad with a national diploma. The two systems are governed in the EU by two different sets of legal rules. Each of them is a subject matter of the separate section of the article. The special attention is given to the profession of lawyer (advocate) governed in the EU by special directives and to supranational qualifications of the European University Institute as a common higher education institution of the EU Member States.
146-152 221
Abstract
The article is devoted to the analysis of the role of the regime of mutual recognition of professional qualifications for the purposes of labor and academic mobility. The concept of regime was considered in the European doctrine as a key management mechanism including the process of professional recognition. Recognition as a process of coordination works in a certain regime. There are several modes of mutual recognition regimes in the European Union legislation depending the harmonization of the regulated area provisions. There are non-automatic and automatic regimes of mutual recognition of professional qualifications in the European Union for the purposes of labor mobility. These are established by general and special acts of the European Union. The regime of academic recognition for educational mobility is established by the Lisbon Convention, adopted within the framework of the Council of Europe. The analyzed regimes of mutual recognition of professional qualifications make it possible to establish common requirements for its member states. These common requirements facilitate the labor and academic mobility of EU citizens.

TRIBUNE FOR YOUNG SCIENTIST

153-158 205
Abstract
The subject of research is relationship in control regulation of US healthcare. The main goal of this study is to formulate a complex legal notion of legal regulation of control strategies in US healthcare. The methodological basis of the study is being represented by research methods as universal dialectical method; general scientific methods, such as a systematic method, logical method, analysis, analogy; private-scientific methods, such as comparative law method and the formal-legal method. He article examines the main types of healthcare control strategies in the United States of America; the author disclosed specific examples for each strategy, provided a conclusion about their effectiveness and the absence of being mutually exclusive.
159-168 571
Abstract
The proportionality is a fundamental principle of the constitutional law in most democratic countries and used in the practice of international and supranational bodies for the protection of human rights. In law the principle of proportionality is often traced back to German roots. Initially, it was developed in the cases of Prussian administrative courts in the 19th century. After the Second World War, its revival and development is related to the activities of the Federal Constitutional Court of Germany. Case-studies show how the Court approved all components of the classical proportionality test, it involves the verification of the existence of a legitimate goal for human rights limitations, the conformity to it the means used by the state (the ability to achieve the stated goal and the absence of other less burdensome measures for this), as well as «weighing» of public and private interests affected.
169-174 341
Abstract
The present article analyzes the legal regulation of public procurement in the Southern Common Market - MERCOSUR. In particular, by using the historic method, the author describes the development of the MERCOSUR legal acts in the field of public procurement, emphasizing as well the rises and falls of each evolution step. Moreover, by employing the comparison method, the author draws parallels in the legal regulation of the public procurement between the European Union and MERCOSUR, stating that the EU legal acts are more efficient. At the same time, the author appreciates the intention of the MERCOSUR Member-States to develop the legal regulation of public contracts on the supranational level.
175-182 223
Abstract
The article deals with significance of the amendments made by the Lisbon Treaty in the reform of European Union customs legislation, carries out the analysis of the adoption procedures of legislative and non-legislative acts of EU institutes. The difference between the delegated and implementing acts in the system of sources of EU law, as well as the influence of law-making procedures changes in the Lisbon Treaty on cancellation of the Modernised Community Customs Code is studied. While examining the reasons of the Modernized Community Customs Code recast, particular attention is paid to the position of the European Union institutes on this matter.

LAW IN HISTORICAL INTERPRETATION

ЮРИДИЧЕСКОЕ НАСЛЕДИЕ

POST SCRIPTUM

И В ШУТКУ И ВСЕРЬЕЗ



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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)