Stanislav A. Vasilev
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Person and the state from the perspective of the theory of correlation of subjects of constitutional lawMoscow University Bulletin. Series 11. Law. 2023. 1. p.22-38read more276
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The relevance of this study lies in the fact that, despite many years of research on the relationship between man and the state, problems in this part continue to persist, a panacea for establishing a complete understanding between these actors has not been found. This article is an attempt to answer some questions through the prism of the analysis of the constitutional and legal status of subjects based on the author’s theory of their relationship. This work is devoted to the study of the constitutional and legal status of a person, the state as a whole, the Russian Federation and state bodies from the standpoint of the theory of the correlation of subjects of law developed by the author, the essence of which is to establish and study absolutely all relations of subjects, including ineffective influence by virtue of powers, rights or duties that do not involve active actions, for subsequent legal regulation and accounting of what is really happening in life. In the preparation of this material, methods of analysis and synthesis were mainly used, since in order to consider the connections between the subjects, it was necessary to study each of them separately in order to come to the desired conclusions after the subsequent unification. A large volume of the invoice is taken from the scientific literature, in connection with which it is obvious to use the method of expert assessments. The result of the work done is to establish the true position of the subjects listed above in the system of their relationship with each other, which can be the basis for subsequent management decisions, the transformation of constitutional and legal regulation or further research by scientists interested in similar issues.
Keywords: person, state, Russian Federation, state bodies, correlation, relationships, interaction, theory of relations, subjects of constitutional law
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Law on laws: problems of regulating the systematization of regional legal actsMoscow University Bulletin. Series 11. Law. 2024. 2. p.131-154read more45
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The relevance of this study lies in the need to systematize legal acts, which, over time, more and more loses its structural component. So, traditionally, administrative aspects are increasingly regulated by regulatory acts, and vice versa — executive and administrative documents often contain explicit rules of law. Laws on legal acts adopted by the constituent entities of the Russian Federation are called upon to establish order in this area. For a long period of time, there have been discussions about the adoption of such a document at the national level, but this is unlikely to happen in the foreseeable future. The analysis showed that often “laws about laws” only exacerbate the current situation. In this regard, it seems appropriate to develop common methodological approaches on the basis of existing errors in order to translate the originally conceived idea of adopting laws on regulatory rules into reality. The results of this doctrinal research are seen as the first step towards obtaining the specified result. The purpose of the work done is expressed in a comprehensive study of the law on legal acts of one subject of the Russian Federation to identify «pathogens» and options for overcoming them for the subsequent translation of the positive practice of using the rules of legal technique. The main content of the work is a study of the text of a regional legislative act, its evaluation from a theoretical standpoint and in comparison with similar documents in force on the territory of other constituent entities of the Russian Federation. The novelty of this article lies in the identification of problems and the formulation of proposals for their solution by improving regional legislation. It seems appropriate to take into account the experience of Sevastopol in regulating the structuring of the regulatory legal regulation of a constituent entity of the Russian Federation, to broadcast it to other regions. For the preparation of this work, one normative legal act was taken as a basis, studied using general philosophical, general scientific and private law methods of scientific knowledge.Keywords: law of the subject of the Russian Federation, legal system, system of law, legal acts, decrees of the head of the region, regional legislation, normative legal act, laws of Sevastopol
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