The article examines the approaches to the legal definition of "priority" in the concept of environmental security, as well as the kinds of priorities the concept of ecological security. The given provisions give us the chance to formulate the concept of "priority of the concept of ecological safety" as a prime activity (situation) of subjects of an administrative legal regime of ecological safety on ensuring normal functioning of ecological system of the country, i.e. all objects of live and inanimate nature, the developed ecological state and the happening changes of an ecological state. We have highlighted the problem of the legal regulation of the concept of environmental security. The extensive studied system of political and legal program acts allows considering all the variety of approaches to the problem of priorities of the Russian concept of ensuring ecological safety. The system of priorities of the concept of ensuring ecological safety given in article most fully reflects prime activities of subjects of an administrative legal regime of ensuring ecological safety
This article discusses issues of legal regulation and implementation of the norms of the forest legislation about procedure of holding the auction for granting the forest lot in rent and also consider the problem of law enforcement procedure. According to the forest legislation of the Russian Federation, the basis of the conclusion of the lease contract of the wood lot the result of the carried-out auction is. Auction can be considered as one-stage process on the one hand and as two-stage on the other hand. In this regard, auction is considered in this work from the different points of view of prominent scientists. The conclusion is drawn on imperfection of the system of carrying out auctions indulging corruption about need of change of criteria of a choice of the winner of auction where by the main criterion it is put, for example, the qualifying shots of the person, but not the greatest sum which the person can offer at competition. The position about the privilege to the conclusion of the lease contract at an equal rate of a payment is opened. Auction and competition as real and effective ways of receiving the right for the conclusion of the lease contract of the timberland are correlated with each other. Proposals on recognition by winners in auctions of potential tenants which for several years showed the reliability
In modern democratic society human rights and, in particular, the right to privacy is of paramount importance. Information about citizens is collected and accumulates various government (the Ministry of internal Affairs, Bureau of technical inventory authorities of acts of civil status, medical institutions, agencies of registration of rights to immovable property and transactions with it, the bodies of registration of legal entities, etc.) and private entities (cell companies, private educational, medical, legal organizations, etc.) at birth and receiving documents, identity when applying for a job, when applying to a medical institution, for the purchase of immovable property (apartments, cars), for the establishment of private enterprises in other cases. When making purchases in online stores, a consumer is forced to disclose their personal data. However, the owners of these shops do not always ensure the protection of personal data (including credit cards), and the absence of law creates a gap in legal regulation. To the very same personal data includes biographical and identifying data, personal characteristics, information about family, social status, education, profession, career and financial situation, health condition and other
In modern civil turnover the definition of a bidding contract is a well known way of making contracts. Despite this fact, the modern legal science has not formed a general idea about the tender. In particular, the problem of this phenomenon is in minor investigation of the principle of the conclusion of agreement and the deal itself in the civil law. It requires further legal analysis in investigation of the legal procedures of the contract at the auction. Legal regulation of the relations in the area of conclusion of the contract on bidding is quite extensive in reality and evidenced by the reflection in the legislation of a significant number of trades. A vivid example is the legislation on the auction, conducted for the purpose of placing the state order. This legislation is comprehensive and currently is under in the process of reform in development of a new contractual system of the state order. The particular interest increase in the conclusion of the contracts by means of the electronic trading platforms. Thus, the situation in the field of legislation on the auction, its practical application and theoretical research in this field requires the further investigation of the bid process as a whole law area that illustrates the relevance of this article
In the article we reveal the basic problems of forming the legal basis of public control over the activities of public authorities. The relevance of this topic has been steadily increasing due to the increasing influence of civil society on the decisions made by public authorities. The authors analyze the provisions of the Federal Law "On the basis of public control in the Russian Federation", the regional laws, to fix the foundations of social control in some subjects of the federation, as well as other legal acts in this area. Special attention is paid to the formulation of the concept of social control and the conclusion of the need legislative consolidation of the concept of "individual public authority 'and a common list of agencies and organizations that operate them. Analyzing the law enshrined in the range of subjects of public control, the authors substantiate the feasibility of incorporating the Advisory Board at the government and public experts. On the basis of the provisions of the law, in this work we have determined the legal status of the subjects of social control, their powers and procedures of the in collaboration with the authorities, as well as the legal framework for the implementation of certain forms of social control. It is proposed to expand the interaction of subjects of public control with prosecutors by holding regular meetings to expand the powers of public monitoring commissions for visiting places of detention
In this article some features of standard regulation of a legal status of public servants of civil department in the XIX century are considered. The author notes that legal status of the public servant is the main component of system of legal support of public service. In this regard, theoretical approaches to understanding of such category of law as "legal status" are investigated. The scientific and legal category "legal support" can be considered as in wide, and in a narrow sense. We suggest understanding such system of the social and legal elements able as legal support to influence formation of precepts of law and their practical realization. Modern scientific approaches to definition of the legal category "status" are characterized by sufficient different aspects; there is no unity of opinions that allows drawing a conclusion on difficult multicomponent system of elements of the status of public servants. Legal status of the public servant - the sphere of realization of the rights and duties, legitimate interests, legal responsibility, guarantees. The office legislation in the Russian Empire in details regulated features of legal status of public servants. We have prepared a massive layer of legal acts which was improved further and, in fact, in the changed form found the reflection and during the Soviet period of development of institute of public service in spite of the fact that as a result of revolution of 1917 all regulations were cancelled. Elements of legal status of public servants were accurately defined and designated: the rights, duties, guarantees, a ban and restrictions, legal responsibility that was absent at the legislative level earlier
In this article some features of standard regulation of duties of public servants in the XIX century are considered. The author investigates the problems of legislative providing the specified institute of the right. It's noted that in the Russian Empire the special attention was paid to the educational qualification of officials. In fact, education existence, during this period, was a duty for public servants. Even those persons who already served were obliged to get an education that certainly is a positive innovation. Thus, the educational qualification of officials of civil department was brought to the level of duties. Understanding the need of improvement of quality of public administration, the country leaders paid special attention to the questions of vocational training of future and working officials. For example, additional tests for officials of persons interested to receive higher position of a collegiate asessor or the state councilor were established. Increasing of education level of employees, elimination of low load of universities – the main objectives which were pursued. The author notes that conditionally the duty of public servants can subdivide into 2 types: the general duties concerning all categories of officials; the special duties established to certain officials. The special rights and duties of employees were established in departmental, local and bylaws. There was a more detailed study of the right of employees for the contents and provision of pensions. The concept of full material security of officials at the legislative level was successfully established by the state, but in practice the custom of "feeding" actively was implemented
In this article some features of legal regulation of the institute of public service are considered. The analysis of the norms of the service rights establishing the special administrative legal status of public servants is carried out. The author investigated the considerable list of the pre-revolutionary, soviet and modern legal literature devoted to topical issues of institute of public service. The main concept of this article is that the institute of public service is considered by us from a systemic position. For example, the content of the concept of "state position" from the point of view of both standard the contents, and opinions of representatives of the scientific doctrine is revealed. The author's definition of the legal category "state position" is offered. Besides, various concepts of understanding of the concept "public service" are presented in article. Thus the author paid attention to the fact that earlier in the domestic legislation there was no common opinion and standard establishment of the legal category of "public service". The main signs of the state position by the legislation of the Russian Empire are given in article. It is noted that in pre-revolutionary Russia legislators had identified the concepts of "public servant" and "official". This approach, according to the author, wasn't the advantage of the pre-revolutionary legislation, testifying to the low level of legislative equipment
The article discusses various criteria for the
classification of legal systems. Special attention is
drawn to the civilizational approach, which can be
effectively used in the classification of legal
systems. In accordance with the civilizational
approach in the world there are many civilizations,
developing according to its own laws (for example,
the Scythian civilization, ancient Egyptian, etc.). In
accordance with this approach the history of
mankind is a history of the development of
civilizations. There are different definitions of
civilization. In generalized form is a community of
people with particular characteristics in the socio -
political organization, economy, culture. All States
from the point of view of the civilizational
approach can be divided into two types: Eastern
(China, India, the Empire of the Incas, etc.)
characterized by Marx as the "Asian mode of
production"; the Western, or progressive (especially
European countries). Each of these types has its
historical features. In turn, each of these types has
its own legal family. It appears that the basis for
determining the classification of legal systems is a
normative element of the legal system, including
law, legal principles, sources of law, legal system,
legislation, legal techniques. But this criterion can
be applied in one and the same type of civilizations.
In accordance with the criterion of the country of
the Western type, can be divided into two large
families: the Romano-Germanic and Anglo-Saxon.
It should be noted that globalization processes in
the modern world lead to the convergence of legal
families. In particular this applies to the RomanoGermanic
and Anglo-Saxon legal families, between
which there is a gradual disappearance of the
traditional differences
In the article we examine Roman-Germanic legal
family. Sometimes this legal family is called the
family of continental legal systems, which
underlines the fundamental difference of RomanGermanic
law, which arose on the European
continent, from common law, arising also in Europe
(in England), but outside of that continent. The
legal family is called family civil rights arising
from the Latin term "civil law" or "civil jus",
meaning the use of Roman law for only Roman
citizens or "cives". In this case, the article shows
the huge impact of Roman law on the law of
continental Europe. Roman-Germanic legal family
is the most common in the world. It includes the
countries of continental Europe, Latin America and
many other countries. In such a vast country we can
allocate appropriate legal panel involving certain
national legal systems that have similar features.
Such legal groups, the author classifies: Roman;
Germanic; the legal group of the Scandinavian
countries; the legal group of the Eastern European
countries; the legal group of countries of Latin
America and Africa. Among them, we can highlight
the legal group of the Scandinavian countries,
which has its own specifics. The article discusses a
feature of the legal systems of the countries of
Scandinavia