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List of publications on a keyword: «legal position»

  • 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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  • Battle of Stalingrad: Operations «Uran» and «Saturn»

    Proceeding
    University as a factor of Modernization of Russia: History and Prospects (to the 55th anniversary of the I.N. Ulyanov ChSU)
    Authors:
    Maksim L. Muzyka, Igor' V. Semenov
    Work direction:
    Новые подходы в изучении истории Великой Отечественной войны
    Abstract:
    One of the most important means of instilling patriotism and developing the civil and legal position of the younger generation is the study of historical events. This article discusses the main aspects of the two most important operations of the Battle of Stalingrad: «Uran» and «Saturn». A major contribution to the outcome of these operations was made by the 62nd Army under the command of Marshal V.I. Chuikov, whose name the College of authors bears.
    Keywords:
    history, Patriotism, civil legal position, Battle of Stalingrad, military operation «Uran», military operation «Saturn», Marshal V. Chuikov
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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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