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2022
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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)

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Law

CONCEPT AND TYPES OF MODELS OF MODERN DOMESTIC JURISPRUDENCE: TEORETICAL-LEGAL RESEARCH

Pletnikov, Victor

Abstract: In the article based on the analysis of natural-science researches and works of representatives of the humanities, the concept of the “model”, which is used in contemporary domestic jurisprudence and developed within analytical jurisprudence and legal positivism, is formulated. In jurisprudence, the model is the intellectual and strong-willed description sufficiently repeating essential properties of the modelled object, process or the phenomenon of state and legal life created under the influence of full set of objective and subjective factors of social development. In addition, the main characteristics of model in jurisprudence have been allocated and revealed: it is directly connected with the subject carrying out knowledge of one or another object, process or phenomenon of state and legal life; only as a result of its activity its emergence is possible; it sufficiently duplicates essential properties of the modelled object, process or the phenomenon of state and legal life; it includes the description (characteristic) of one or another element, which is part of uniform system, making a basis of the corresponding object, process or the phenomenon of state and legal life; it is formed in something homogeneous and functional only with the accounting of the whole set of objective and subjective factors of social development, which have to be considered by representatives of jurisprudence in order to carry out researches of state and legal reality. The conclusion is drawn that the concrete volume of contents of these characteristics is defined by a kind of model and the functions, which are carried out by this model. Special attention is paid to the types of models in jurisprudence, especially to those of them, which directly follow from the main characteristics and allow disclosing the content of the concept of the “model in jurisprudence”. A conclusion that models in jurisprudence can have various nature is formulated, and as a result, it plays various role in development of jurisprudence, improvement of the public relations. For jurisprudence, models to which analysis the paramount attention has to be paid, have the greatest value legally significant (jurisprudential or doctrinal). Other models in jurisprudence have a number of restrictions from the point of view of their implementation in practice.

Keywords: model in jurisprudence, legally significant model, jurisprudence.

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DEFENDER OF INDIGENOUS RIGHTS IN REGIONS OF RUSSIA: FORMATION OF THE INSTITUTE

Filippova, Natalya

Abstract: The article considers the process of establishment of human-rights ombudsman institution (the Ombudsman for Indigenous Peoples’ rights) in federal subjects of the RF. The author defines its chronological period and political geography. New tendencies in the development of the federal subjects’ constitutional law are compared with those of federal institutions of representation and human rights, alongside with the practices of nationalities representation under socialism. The author underlines the fact that federal subjects in trying to solve the problem of indigenous peoples’ rights are face by two institutional options. Firstly, it is the choice between state and public status of the Ombudsman for Indigenous peoples’ rights. Secondly, if the choice is made in favor of the state Ombudsman, it results in the choice between the establishment of a special ombudsman (along with an ombudsman for general competence rights), and in the renunciation of a new post. Instead, an ombudsman for general competence rights is entitled with a new list of functions and powers in indigenous peoples’ rights protection. The author conducts comparative analysis of regional legislation and offers her own classification of Ombudsmen for Indigenous Peoples’ rights in Russia’s federal subjects. The classification based on the state authority formation procedure criterion includes the following models of empowering an ombudsman as an independent official: parliamentary (Krasnoyarsk Krai), mixed (Kamchatka Krai) and administrative (Altai Republic). Ugra model of indigenous peoples’ rights protection is also singled out. It presupposes a wider list of powers for the ombudsman of the general competence, the ombudsman for human rights in Khanty-Mansyisk autonomous okrug-Ugra. The author indicates the main characteristics of the legal status of the Ombudsman for Indigenous Peoples’ rights established in some Russian regions, and includes a list of this official’s powers. 

Keywords: commissioner for the protection of the rights and freedoms of citizen in Member of Russian Federation; Commissioner for the rights of peoples; indigenous peoples; defender of indigenous peoples.

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