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List of publications on a keyword: «Court»

  • Actual problems of theory and law enforcement practice in the field of intellectual property distribution on the Internet

    Proceeding
    Strategies of Sustainable Development: Social, Law and External-economic Aspects
    Authors:
    Anna A. Nikishkina, Aleksandr V. Nikishkin, Anatolii A. Stishak, Pavel V. Sharov
    Work direction:
    Международная экономика и право
    Abstract:
    The authors of the article note the fact that the topic of this study is due to the rapid development of digital technologies and the deepening integration of the Internet into all spheres of public relations. They pay close attention to the fact that modern conditions of economic transformation require a revision of traditional approaches to the legal regulation of intellectual property turnover, taking into account the peculiarities of their digital reproduction, distribution and use. The authors express the opinion that violations of intellectual rights in the online environment have become widespread and cross-border, which requires not only improvement of national legislation, but also effective interaction at the international legal level.
    Keywords:
    public relations, civil liability, intellectual property objects, comprehensive research, information and digital environment, current legislation, law enforcement practice, national legal regulation, international legal protection mechanisms, general theoretical research, special legal methods, jurisdictional powers of courts

  • The Problems of Applying the Theory of Ratio Decidendi in the Formation of the Legal Positions of the Constitutional Court of the Russian Federation on the Example of Decisions on Compulsory Pension Insurance

    Book Chapter
    Development of the Russian socio-economic system: challenges and prospects
    Author:
    Andrei B. Ivaniuzhenko
    Work direction:
    Глава 9
    Abstract:
    The chapter considers the theory of ratio decidendi as a method of interpreting the law and decision-making in common law countries, borrowed by the Constitutional Court of the Russian Federation to develop legal positions set out in its Decisions. The author, considering numerous Decisions of the Constitutional Court of the Russian Federation, including in the field of pension protection of the population, concludes that this theory cannot be applied in the Russian legal system in the sense in which it is understood in common law countries. Quotations from the works of foreign specialists are made in the author's translation.
    Keywords:
    common law, precedent, ratio decidendi, obiter dictum, legal position, Constitutional court, pension insurance system, Roman law, dissenting opinion, cause and effect
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  • Sources of Formation of Legal Positions of Russian Highest Judicial Bodies

    Book Chapter
    Economics and Law
    Author:
    Mariia V. Globa
    Work direction:
    Глава 7
    Abstract:
    The present study is devoted to determining the place and role of legal positions of higher judicial bodies of Russia (judicial legal positions) in the mechanism of legal regulation. Let us specify in advance that the author means the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation (taking into account the 2014 amendments made to the legislation concerning the liquidation of the Supreme Arbitration Court of the Russian Federation) as the higher judicial bodies of Russia. Establishing the meaning and role of judicial legal positions in the mechanism of legal regulation is carried out by the author of this study through the analysis and demonstration of the main sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation. In this regard, the author of this work identifies as sources of formation of judicial legal positions: legal and non-legal. Non-legal sources of formation of legal positions of the highest courts of Russia differ from the legal ones in the fact that initially they do not have material expression, exist in the abstract, however, have no less importance for the process of formation of judicial legal positions. To the legal sources of creating legal positions of the highest judicial bodies of Russia the author includes: formal sources of law, current legal practice, legal doctrine. As non-legal sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are: the inner conviction of a judge and professional legal consciousness of a judge. The author of this scientific research consistently reveals the importance and role of each source of formation of judicial legal positions. The conducted study of the most significant sources of formation of judicial legal positions allowed to better understand the place of legal positions of higher courts of Russia in the legal system and their role in legal regulation, which is reduced not just to the interpretation of judicial acts, but also to the formation of new legal provisions, which ultimately form a uniform judicial practice. Methodological basis of the study consisted of: analysis, synthesis, comparative-legal method, deduction, induction and other ways of knowledge used in science. Scientific conclusions and proposals contained in this work may serve as a basis for further theoretical study of the problems of judicial legal positions and used in the activities of legislative and law enforcement bodies.
    Keywords:
    legal regulation, judicial legal position, sources of formation of judicial legal positions, the highest judicial bodies of Russia, judicial decision, judicial bodies, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the mechanism of legal regulation
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  • The problem of reforming the judicial system in the Russian Federation

    Proceeding
    Law, Economics and Management
    Authors:
    Anna O. Leonova, Elena B. Kalashnikova
    Work direction:
    Актуальные вопросы юриспруденции
    Abstract:
    This article analyzes the problems of the judicial system of the Russian Federation.
    Keywords:
    judicial system, Court, reforming
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  • The COVID-19 Pandemic, electoral process and the US Supreme Court Practice

    Proceeding
    Topical issues of law, economic and management
    Author:
    Boris V. Nikolaev
    Work direction:
    Конституционное и муниципальное право
    Abstract:
    The article discusses the main directions of the latest practice of the US Supreme Court on the issues of suffrage and the process, which is of particular importance during the general elections in the USA held in 2020. The development of the pandemic has had a major impact on the 2020 election campaign and sparked a series of state-level litigation, as well as the US Supreme Court interference in the process. The article analyzes the positions of a divided Court in the framework of the relevant case.
    Keywords:
    Keywords: suffrage, US Supreme Court, absentee ballot, pandemic
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  • Istoriko-pravovye aspekty funktsionirovaniia ofitserskikh sudov v Rossii

    Proceeding
    Law, economics and management: current issues
    Author:
    Anton E. Lestev
    Work direction:
    Историко-правовые проблемы развития российской государственности
    Abstract:
    The article discusses the practice of legal regulation of the protection of special rights, life and health of officers in the Russian Empire, as well as the activities of officer honor courts. The regulatory documents that determine the procedure for the activity of officer courts and the practice of considering cases are examined. The article uses the methods of comparative jurisprudence and the case method, which made it possible to single out the features of the protection of officers of the armed forces that are useful for modern Russia.
    Keywords:
    military, officer, court of honor, defense of officers, military court
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