Law Institute Research Articles

Kazakhstan's political repression in the first half of the 20th century: characteristics of the legislative mechanism governing the use of repressive measures

The research conducted enabled us to draw the conclusion that the mechanism of political repression during the studied period encompassed a range of legal and non- egal strategies, as well as organizational and social measures. These were implemented with the objective of attaining political objectives, safeguarding the exist-ing structure, ensuring state security, and upholding the unity of the totalitarian union state. The time under examination witnessed the establishment of both public and confidential departmental regulations, which ef-fectively safeguarded the legitimacy of political repression. These regulations comprehensively governed the whole process of implementing punitive actions. Simultaneously, the ruling bodies of the united communist party held exclusive authority in determining all significant decisions of state entities. The establishment of organizational and legal frameworks for political repression in the USSR was a fundamental component of the totalitarian control structure. This framework facilitated extensive human rights abuses and had a lasting impact on the historical trajectory of the Soviet population over an extended period. The examination of his-torical events of this nature enables us to comprehend the workings of totalitarian regimes and underscore the significance of the rule of law and autonomous institutions in safeguarding civil rights and liberties.

Zasada nierozdzielania rodzeństwa na tle prawa rodzinnego

This article deals with the implementation of the principle of not separating siblings introduced by the legislator in the Polish family law system in the context of protecting the interests of a minor in the Polish legal system using the document research method and the method of literature analysis and criticism. The article analyzes the reasons for systematizing the principle in the Polish family law system and its concretization in the family law institutions such as divorce, separation, marriage annulment, exercise of parental authority when parents live apart, custody, foster care and adoption. The discussed solutions have their sources in particular in the Act of February 25, 1964 – Family and Guardianship Code (i.e. Journal of Laws 2020.0.1359) and the Act of June 9, 2011 on supporting the family and foster care system (i.e. Journal of Laws 2022.0.447).

Legal Education Aspects Among the youth in the Republic of Kazakhstan

The main problem: The development of theoretical aspects of legal education, legal awareness. Organizational forms of legal education. Forms and methods of education of legal awareness, legal culture. Features of the formation of legal culture in the modern period. Problems of improving legal culture and legal education. Legal education forms a sense of confidence and independence in the legal sphere among the population of the state, thereby stimulating the legal activity of an individual, which presupposes voluntary, conscious, proactive, socially and morally responsible human behavior. Purpose: The article deals with the legal education of modern youth. The means of forming a legal culture are the promotion of law, the development of legal knowledge among citizens, the practical strengthening of the rule of law, the presence of a strong legal science, the improvement of the system of legal acts, which is achieved due to the presence in the state of a democratic, effective constitution and high legal and technical-legal quality of laws and by-laws. Methods: Methodology of the study. The methodological basis of the study was made up of: generally recognized methods of scientific research of the phenomena of reality in their interrelation and interdependence both at the theoretical level (systemic, comparative legal, formal legal, historical methods of analysis, etc.) and at the empirical level (statistical analysis, questionnaires, research of documents, printed publications); the main provisions of the theory of criminal law, ethics, philosophy, psychology; rules of formal logic. The results and their significance: In this regard, there is a need to create a Republican Center for Legal Education at the Institute of State and Law, which will provide scientific research on the problems of legal education and upbringing, the development of the content and methodology of legal education at all levels of continuing education of students.

Jurisprudence for the Development of Science: Ideas that Should Not Be Forgotten (To the 100th Anniversary of the Institute of Legislation and Comparative Law under the Government of the RF)

The article examines topical issues in regulation and organization of academic activities, which are related to the more than 100-year history of functioning of one of the oldest research institutions in the country – the Institute of Legislation and Comparative Law under the Government of the Russian Federation. In the course of the study of archival materials and available publications by the Institute’s employees, some original and currently relevant proposals and hypotheses were identified. They are concerning the organization of research, the direct implementation of academic activities, as well as relations in the field of science subject to legal regulation (in particular, those related to: the distinction of legislation on the scientific and technical process as an independent part in the system of national law in the 1960s; the impossibility of scheduling scientific discoveries; the need to involve researchers (the object of control) in the management process; the “probabilistic” nature of research and the infeasibility of standardization in research work as is the case with setting norms in industrial production; the incorrectness of identification of administrative management in science with academic advising as a specific phenomenon, etc.). These remain relevant to this day. An attempt has been made to correlate the developments of the team of the particular academic organization with the sociopolitical situation in the corresponding historical period and the dominant scientific positions.

Cultural Dynamics: Pangadâ' in the Bhâkalan and Nyeddèk Kabhin Process in Madura 'Urf Perspective

This research explores weddings in Madura, especially the unique role of Pangadâ' in the bhâkalan (engaged) and nyeddèk kabhin (spokesperson) processes. This research explores Islamic law and social institutions in Madura with an integrated phenomenological approach to everyday life. Data was collected through observation, interviews and document analysis using Spradley's four activity flow model, providing an in-depth understanding of the culture and values of Madurese society regarding marriage. This research succeeded in revealing the role of Pangadâ' not only involved in conventional stages, but also in special steps such as nyareh ngen-angen, masang ngen-angen, nyalabhâr, nyareh dhinah bhâgus, mentah and dispute resolution. His involvement was influenced by local traditions and wisdom, creating a Madurese wedding identity. In the 'urf perspective, these traditions are categorized as 'urf 'amalī and 'urf ṣaḥīḥ, indicating harmony with Islamic values. This research visualizes the harmony between local traditions and Islamic values in the context of Madurese weddings, depicting harmonious integration.

ARCTIC ENTREPRENEURSHIP: LEGAL ASPECTS

The article considers the issues of legal regulation of economic activities in the Arctic zone of Russia. The main areas of small and medium-sized businesses in the Russian Arctic for the development of entrepreneurial activity were studied. An analysis of a special subject of entrepreneurial activity in the Arctic zone of Russia, which receives the status of a resident, is given. Arctic economic activity has been identified at the current stage in Russia as an independent institution of entrepreneurial law, which in the future research will give a big impetus to development in terms of the adoption of regulatory legal acts. Based on the analysis of legal acts, the state, as a guarantor of the development of economic relations, is obliged to subsidize with cash the main types of small and medium-sized entrepreneurial activities in the Arctic zone of Russia, and on the other hand, large commercial companies must reimburse the costs for manufacturers of local products. It was proposed to develop electronic trade on the territory of Russia, accordingly, there is a need to connect all Arctic entities to high-speed Internet. It was concluded that for the legal regulation of complex relations, the Arctic Code of Russia should be adopted.

Особенности частноправовых отношений в спорте

The article studies private law relations between various sports subjects. Qualitative development of economic and social parameters of sports can be ensured only provided that a stable legal framework is created, including in the sphere of regulation of private law relations. The author also studies sports development prospects through the system of private law institutions implemented, inter alia, at the municipal level. Based on the results of the analysis, the author concludes that private law issues of sports development should be solved in connection with the comprehensive social and economic development of the Russian Federation.

Forensic Support of Solving, Investigating and Preventing Crimes in the Works of Professor A.V. Vardanyan

In 2024 we celebrate the 60th Jubilee of the Honored Scientist of the Russian Federation, Doctor of Law, Professor, Head of the Department of Criminalistics and Operative Search Work of Rostov Law Institute of the Russian Ministry of the Internal Affairs, Police Colonel Akop Varazdatovich Vardanyan. A.V. Vardanyan has been developing the scientific basis for the criminalistic support of solving, investigating and preventing crimes since 1995, including its criminal law, criminal procedure and criminological aspects. As a researcher, he has made considerable contributions to the development of the science of criminalistics, his works demonstrate fundamental research of each aspect of the work of law enforcement bodies that they cover. This article presents an overview of Professor A.V. Vardanyan’s works, it highlights the strong points of these publications and their interdisciplinary approach to the corresponding issues. Professor A.V. Vardanyan has made an invaluable contribution to the science of criminalistics, and developed an immense number of theoretical and practical clauses useful both for the legislative regulation and the practice of law enforcement.

Tax law system in the context of digitalization: problems and prospects

The purpose of the article is to develop a criterion for structuring the branch of tax law relevant for the period of digitalization.The methodology of the study includes an analysis of regulatory acts of tax legislation regulating the legal regulation of digital transformation of taxation.The main results and the scope of their application. Due to the lack of a single criterion for the formation of the structure of tax law (in different years, the tax system or the system of tax legislation was considered as such), obstacles are created in the unambiguity of understanding the system and types of tax law institutions. This leads to a number of practical problems related to the “alignment” of new tax law norms that appeared in the digital era into the “classical” tax legal relationship.Conclusions. The criterion on the basis of which the modern legislator, as well as representatives of the tax and legal doctrine, divides tax law into institutions is a controversial issue of the relevant branch of science. Such uncertainty does not give an unambiguous understanding of the legal nature of new tax law institutions, for example, the institute of a single tax payment. At the present stage, it would be logical to use the category of “tax obligation” as a kind of link in the system of tax law, which is predetermined by its fundamental role in tax and legal regulation.

Digital Transformation of Tax Law Principles

Objective: to search for conceptual issues, features and prospects of development of tax law principles and tax obligation institute in the context of modern digitalization trends.Methods: the study is based on a set of general legal (analysis and synthesis, induction and deduction) and special-legal (formal-legal, comparativelegal) methods of cognition.Results: the main features of tax law principles characterizing their digital development were defined, namely: the expansion of the list of such principles and the changes in their content, predominantly at the level of institutional principles of taxation. A conclusion is made that in the digital era the tax law principles retain their theoretical significance as the most important category of the relevant science. The author states that the digital transformation of the institutional principle of tax fulfillment independence takes place mainly in the following directions: firstly, the range of taxpayers is expanded, in respect of which the duty to calculate tax can be imposed on a tax authority; secondly, the mechanism of the tax obligation execution is changed, among other things, by increasing the tax obligations of state authorities and credit organizations.Scientific novelty: the paper assesses the approaches used in the scientific literature and normative-legal framework related to transformation of the taxation principles due to the intensive use of information and communication technologies in tax relations. The author also analyzed the digital transformation of the principles of tax obligation as one of the main tax-legal institutions.Practical significance: is due to the lagging pace of tax legislation development in the Russian Federation compared to the objective processes of creation and application of new information and communication technologies in tax relations and adjacent spheres. The main provisions and conclusions of the study can be used as a basis to improve the tax legislation, as they develop knowledge about new tax law institutions – professional income tax, tax monitoring, single tax payment, and automated simplified taxation system.

The institute of small cases in the civil procedure of Ukraine as an obstacle for the effective principles of the rule of law and the accessibility of justice

The article is devoted to the analysis of the institute of civil procedural law — «minor cases». The purpose of the article is to find out whether this institution of civil procedural law an obstacle in the implementation of the principles of the rule of law and access to justice. In the course of the study, the practice of the ECtHR, the provisions of the domestic legislation of Ukraine and the acts of interpretation of the Constitutional Court of Ukraine were analysed. This made it possible to illustrate the lack of unity in understanding not only the essence of the principle of the rule of law, but also the content of the legal category «minor cases». The criteria for assigning civil cases to the «insignificant» category were analysed; it is determined that the procedural law identifies three criteria for classifying a case as insignificant: 1) a direct indication in the law (regardless of the price of the claim); 2) the marginal indicator of the price of the claim; 3) judicial discretion, taking into account the price of the claim. When analysing these criteria, a comparative legal characterization of the size of the living wage for able-bodied persons in relation to the size of the minimum wage was carried out. Along with the analysis of the practice of the ECtHR, this gave grounds for the conclusion that the establishment of the limitation of the right to cassation appeal of minor cases (with the exception of some exceptions) generally corresponds to international standards of judicial development and European recommendations on the introduction and improvement of the functioning of systems and procedures of appeal in civil and economic affairs. At the same time, it was established that clauses 1 and 5, part 6 of Art. 19 of the Code of Civil Procedure of Ukraine by the civil procedural legislation, the limit indicators of the price of the claim (one hundred and two hundred and fifty amounts of the subsistence minimum for able-bodied persons) violate a reasonable balance between the interests of the state (regarding the relief of the courts and the improvement of the functioning of systems and procedures of appeal in civil cases) and the needs of the protection of fundamental rights person, taking into account the property status of the main social and demographic groups of the population of Ukraine. And such a restriction is not compatible with the clause of Art. 6 of the European Conference, as there is no reasonable relationship of proportionality between the means used and the goal they are trying to achieve. Therefore, it is proposed to revise the marginal indicators of the price of the claim and the definition of its relevant indicator for the qualification of cases as insignificant.

Procedural Norms and Institutions in the Structure of Constitutional Law of Russia

The article analyzes the opinions of scholars and concludes that the “broad” interpretation of the concept of procedural norms, which actually identifies them with procedural norms, is the most reasonable for constitutional law. On the basis of the studied opinions of constitutional scholars, the author’s definition of the concept of procedural norms of constitutional law is proposed. The idea that the procedural component of constitutional law is the result of legal differentiation, as the completeness of legal regulation of dynamic social relations requires the creation of norms that enshrine the mechanism of their realization. The specific features of procedural norms of constitutional law are identified and analyzed, which include: special purpose, features of the external form of expression, determining character for procedural norms of other branches, implementation by a variety of subjects of procedural relations, focus on ensuring the unity of the system of legal regulation. It is concluded that the institutes of constitutional law have substantive and procedural character.

Trends in the development of the Institute of judicial power through the prism of scientific works by E. I. Kozlova

The article attempts a chronological analysis of the adoption of normative legal acts that are the source of such an institution of constitutional law of the Russian Federation as the judiciary in order to identify trends in its development. The author, using the theoretical developments of Professor E. I. Kozlova regarding the objective conditionality of the complexity of the structure of the legal institution, the expansion and detailing of constitutional legal norms, tries to identify those factors that lead to the transformation of the legal matter in modern Russia. Recognizing the wellfounded conclusions made by an outstanding scientist back in the Soviet period, the author concludes that the influence of the highlighted E. I. Kozlova considers such a factor as the maturity of public relations for the development of the institution of judicial power in modern conditions, as well as the simplification of the structure of the institution of judicial power in connection with the exclusion from its elemental composition of the Supreme Arbitration Court of the Russian Federation, constitutional (statutory) courts of the subjects of the Russian Federation, which is associated with the ongoing search for an optimal model of judicial power in a transitional stage the development of the Russian state and society and modern geopolitical changes.

Доктрина правотворчества как квинтэссенция пути в науке: к 100-летию Института законодательства и сравнительного правоведения

Доктрина правотворчества как квинтэссенция пути в науке: к 100-летию Института законодательства и сравнительного правоведения

Российское государство и трудовое право в условиях частичной мобилизации

The article provides an overview of trends in the impact of partial mobilization announced in the Russian Federation in 2022 on certain institutions of Russian labor law.

К вопросу о концепции банкротного права в российской юрисдикции

Using the example of criticism of approaches to the legal regulation of relations of insolvency and bankruptcy, as exclusively to competitive relations, the need for the domestic legal order in the formation of a modern concept of bankruptcy law is substantiated. The conclusion is made about the need to form a broad interpretation of the model of the concept of bankruptcy law in domestic legal science. A point of view has been expressed about the fallacy of interpreting bankruptcy law exclusively as part of the institution of Russian law of obligations. An analysis of modern approaches to the formation of a broader approach to the sphere of legal regulation of bankruptcy and the concept of bankruptcy law, compared with the sphere of the law of obligations, has been carried out.

Challenges in the implementation of patient identification and the Gender Identity Law in healthcare institutions in Buenos Aires

Introduction: patient identification is a key component of Patient Safety goals. In the context of gender identity (GI) regulations, the adaptation of identification protocols is required for compliant implementation. Objective: to identify challenges and tensions in patient identification as a safety goal and its intersection with the current gender identity legislation in Argentina.Methods: a qualitative approach was used to collect data from seven healthcare institutions with patient admissions, selected based on their different profiles in terms of sector (public/private), patient safety accreditation process, and type of care (specialized/general). Grounded theory was employed to identify common institutional patterns.Results: three institutional situations were identified: 1. Contradiction: where compliance with GI regulations is perceived to undermine secure patient identification; 2. Potential convergence: although GI regulations are not fully implemented in patient identification, institutions deploy informal strategies to comply with them; 3. Convergence: institutions that have made changes to records and systems in line with GI. All institutions acknowledge the need for training in the care of transgender, transvestite, and non-binary patients.Conclusions: strengthening institutional policies based on safety goals and adherence to gender identity legislation is necessary. Organizational changes are essential, and training is needed to address the care of transgender, transvestite, and non-binary patients effectively

Частноправовое содержание института резервирования максимальной электрической мощности

This article analyzes the main legal trends in the field of maximum electrical capacity reserve in the Russian Federation in the light of energy law innovations. The article examines the various meanings of the concept of maximum electrical capacity reserve, the development trends of the legal substance of the institution of maximum electrical capacity reserve, and contains a comparative legal analysis of foreign law provisions. The identified aspects of the new institution of Russian energy law allow us to conclude that there is excessive public legal regulation of private law relations in this field. The author substantiates the point of view that the potential development of a standard agreement with a condition for maximum electrical capacity reserve will affect the reduction of the discretion of the parties to the agreement and upset the balance of interests of all parties to the legal relations in question. The article discusses options of using the most balanced mechanism for legal regulation of relations associated with maximum electrical capacity reserve in Russia.

О базовых проблемах науки энергетического права: некоторые размышления

This article discusses issues of the fundamentals of the energy law science, noting their insufficiency in this sphere and the resulting ineffectiveness of both exploratory and applied research. As a result, laws and regulations in the energy sector, which is the basis of the national economy, is also inadequate. The author concludes that while scientific and technological progress in the energy sector is advancing rapidly, its legal regulation is lagging behind. There is a lack of coordination among leading scientific and legal researchers of existing institutions in energy law. The author suggests drastically expanding the scope of comprehensive training for higher scientific qualification personnel majoring in energy law, which would require specialized thesis boards. In the future, as the mankind masters inexhaustible and voluminous types of energy, such as lightning energy, time energy, and energy formed by the annihilation of matter and antimatter, etc., appropriate laws and regulations will be necessary (it is a must) preceded by scientific and legal study of the issue.

Substances dangerous to public health according to the Criminal Code of 1922 and 1926: comparative legal analysis and criminal law regulation

The subject of the study is the legislation on illegal actions with narcotic drugs and other substances with generally dangerous properties under the criminal codes of 1922 and 1926 in the context of normative continuity with the Code of Criminal and Correctional Punishments of 1845. A comparative legal analysis of the concepts of poisonous, potent and intoxicating substances as subjects of the relevant crimes of the first Soviet criminal codes and the relevant norms of the current criminal law is carried out. For the first time, archival official documents of the highest state bodies were used to substantiate the high degree of public danger of illegal trafficking of potent and poisonous substances. According to the results of the study, legal science and medicine in the studied period had a developed arsenal of conceptual means of describing illegal trafficking and the consequences of the use of substances that pose a danger to public health. The first Soviet legislator took into account unlimited possibilities in the field of chemical synthesis and therefore considered the list of intoxicating substances to be open, referring to any substances whose qualitative features and actual use corresponded to the literal meaning of their names. The concept of potent substances was generic in relation to the concepts of narcotic drugs and other substances, the defining property of which was the intensity of their effects on the body. The continued use of pre-revolutionary conceptual constructions in modern criminal legislation serves as a normative obstacle to the development of the criminal law institute for the protection of public health based on the norms of international law.