23 (4)
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2023
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catalogue – 43669
ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

Archive

— showed 4 articles from14

Law

ON SOME TENDENCIES OF DEVELOPMENT OF THE RUSSIAN FEDERATION’ CRIMINAL ANTI-CORRUPTION POLICY

Fedorov Aleksander

The article substantiates the author’s conclusion that the introduction of criminal liability of legal entities is a forecast tendency of the development of the Russian criminal law policy, and exposes objective grounds for introducing such a liability. The author points out that criminal responsibility of legal entities is established in many countries and required by international obligations of the Russian Federation. The article contains data on making legal entities of the Russian Federation accountable for administrative offence – illegal gratuity on behalf of a legal entity (Article 19.28 of the Code of Administrative Offences) and formulates reasons pointing out the insufficiency of the existing institution of legal personality’ administrative liability for actions of that type. The author indicates the necessity of conducting scholarly research on the determination of specificity of criminal procedure activity on making legal entities criminally responsible, as well as on the elaboration of foundation and conditions for carrying out operational investigation activity in respect of legal entities.

Keywords: tendencies in development of criminal law anti-corruption policy; criminal and administrative liability of legal entities; operational investigation activity; special investigative techniques; international cooperation; anti-corruption convention; international obligations regarding introduction of legal entities’ criminal liability.

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COMMISSIONERS FOR ENTREPRENEURS’ RIGHTS PROTECTION: INTERNATIONAL EXPERIENCE AND RUSSIAN MODEL

Emikh Valentina

The article summarizes world experience on exercising the ombudsman’ conception towards social relations with the involvement of entrepreneurs. The author analyses legal status of business ombudsmen (using the example of USA and Australia), taxpayers' ombudsmen (using the example of Georgia, Canada, USA and Pakistan), and procurement ombudsmen (using the example of Canada). The main tendencies of legal regulation of these ombudsmen’ status are determined, and the perspectives of their development are defined. The article specifies peculiarities of commissioners for entrepreneurs’ rights protection in Russia in comparison with world legal regulation of similar ombudsman schemes. Based on the research, the author concludes that these commissioners gets the features of law-enforcement state body instead of being the alternative dispute resolution scheme. Despite positive evaluation of commissioners’ practical activity, it is important to strengthen so-called “social component” of their legal status and to optimize their sphere of competence and power.

Keywords: business ombudsman, commissioner for entrepreneurs’ rights protection, alternative dispute resolution, taxpayers' ombudsmen, procurement ombudsmen.

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MECHANIZMS OF IMPLEMENTATION AND DEFENSE OF HUMAN RIGHTS IN THE RUSSIAN FEDERATION: CONCEPT, SUBSTANCE, STRUCTURE, AND FORMS

Krylatova Irina

The article focuses on theoretical issues of the substance of mechanisms of im-plementation and defense of human rights in the Russian Federation. The author describes features, forms and structure of both mechanisms. Implementation of the human rights is considered as a form of juridical behavior of authorized persons with the aim to satisfy the human need in the legal order. The author demonstrates that legal relations are the basic element of implementation mechanism. Moreover, the constitutional human rights are the basis for the structure of both mechanisms. The article describes various forms of implementation and defense of rights. The author consecutively distinguishes between “mechanism of the implementation of human rights” and “mechanism of the defense of human rights”, although in some cases several similar futures are pointed out. The author concludes that the protection of rights mechanism is unique one, in which legal regulation, protection of rights, procedural and other mechanisms are integrated.


Keywords: human rights defense, implementation of human rights, forms of defense, implementation mechanism of human rights, defense mechanism of human rights.

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GERMAN PHILOSOPHY OF NATIONAL LAW IN LATE XVIII – EARLY XIX СENTURY AND TRANSFORMATION OF JURISPRUDENCE

Kresin Oleksiy

The article considers transformation of the concept of national law in works of German thinkers in the period of Great French Revolution and Napoleonic wars. According to the author, the main line of this transformation is the completion of socialization of philosophy of law, as well as the claim of the empiric methodology of research and positivist understanding of law. In this context, the consistent dissociation of law from ethics, as well as distinguishing of national right as socially independent in law, is fundamentally important. The development of general teaching on the nation as leading direction of social philosophy in concrete historical conditions and political-philosophical character of these teaching is also highly valuable. The author points out that German thinkers of this period offered the successive typology of social-legal phenomena: socially individual (national-state law) – socially special (sphere of cooperation of national law orders, “cosmopolitan law”) – socially general (international law). The essential characteristic of this typology is non-transcendent, immanent character of socially special and general, as well as their formation based on cooperation of positive law orders. It allowed to complete pluralistic (by its nature) legal picture of the world, and social and positive model of the sphere of law as relatively autonomous subsystem of human being. The author also considers that empiricism of the new vision of the sphere of law founds its expression in comparativism. Based on the analysis, the author concludes that German thinkers of late XVIII – early of XIX century completed theoretical and methodological foundation of modern jurisprudence.

Keywords: history of legal science, empiricism, positivism, comparativism, classic German philosophy, social philosophy, social law, national law, typology of law, legal cooperation.

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