Suchergebnisse

The article is devoted to determining the place of consumer law in the system of Russian law and in the system of Russian legislation. Having formed in Russian civil law initially as a functional institution of civil law protection of consumer rights, it later, together with the norms of branches of public law, forms an intersectoral institute of Russian law, and under the influence of codified civil legislation, especially due to the reform of the Civil Code of the Russian Federation, as well as the improvement of legislation on consumer protection and the practice of its application, occupies the place of a functional sub-branch in the structure of modern civil law. For more than thirty years, consumer law has also been formed as a complex branch of legislation, including normative acts containing norms of various branches of Russian law. Consumer law (consumer protection legislation) is characterized by a number of features (it includes numerous regulations of various hierarchical levels and combines legal regulation contained in codified civil legislation and special acts on consumer protection). This, on the one hand, seems to be a very progressive phenomenon, since the civil law regulation of contractual relations with the participation of consumers is elevated to the level of the Civil Code of the Russian Federation, and, on the other hand, this is done in part two of the Civil Code of the Russian Federation, as well as in certain federal laws, is often inconsistent or insufficiently successful.

The article is devoted to the problems of the ideological impact of the law on social processes. The law should have an educational impact on society, this should be a priority for the development of legislation.

The ultimate goal of game theory is to provide a theoretical model for strategic situations' analysis, i.e. for situations where one actor's choice depends on the behavior of other players in the game. As a concept, game theory is also applicable to the legal context. Legal dialectics and processes are often conducted in some form of strategic interactions. Game theory is a way to see how legal rules affect particular actors' behavior. International Economic Law has its own dynamics which makes the process similar to the analysis through the game theoretical tools. Therefore, the rules of international law are considered as the rules of the game that are taking place among different actors. Game theoretical considerations clarify the substance of the interaction and cooperation of players involved (states, international organizations and other actors). Game theory provides a basis for normative analysis of the issue of implementation of the rules of international law and improves understanding of those rules. The topic of the paper is the application of the game theory in the context of the legal framework established by the World Trade Organization. The member states' dilemma between using the advantages and liberalization options provided by the WTO on the one hand, and joining the regional trade agreements, on the other one, is strategic by nature. Therefore, game theory can contribute to understanding and resolving, using the game of 'prisoner's dilemma' as a model. It is the game which clearly shows that a group of rational egoists can end up worse than a group of actors that acts prima facie contrary to their own interests. 'Prisoner's dilemma' demonstrates why society and law has the need for coordination as well as mechanisms for co-operation. WTO member states put emphasis on the process of liberalization conducted in the framework of regional trade agreements (RTAs); at the same time, their participation in WTO negotiations is not effective and efficient enough to make a breakthrough in the multilateral framework. A solution of the game for Member States is not to cooperate: i. e, liberalization is primarily achieved through regional agreements rather than within the WTO. The rational decision of the Member States (opting for a regional approach) has resulted in a suboptimal result, which is a basic characteristic of the game model based on a prisoner's dilemma: in this case, the optimal solution would be cooperation through a multilateral framework (World Trade Organization).

The essence of concepts of the legal law and the rule of law is analyzed in the article. An increased attention is given to the legal regulation of law enforcement, law application activities, the qualitative transformation of the political and state-legal system, the formation of civil society and the supremacy of law, the growth of the value of law and the strengthening of law.One of the objective trends in the development of the legislation of modern Russia is to increase the social significance and authority of the legal law as an act at the top of the legal system on which the level of the rule of law of any civilized society depends. ; В статье проанализирована сущность понятий правового закона и правовой законности. Усиленное внимание отводится правовому регулированию правоохранительной, правоприменительной деятельности, качественному преобразованию политической и государственно-правовой системы, становлению гражданского общества и правового государства, роста ценности права и укрепления законности.Одной из объективных тенденций развития законодательства современной России является повышение социальной значимости и авторитета правового закона как акта, стоящего на вершине правовой системы, от которого зависит и уровень правовой законности любого цивилизованного общества.

Сборник подготовлен по результатам І-ой Международной научно-практической конференции, прошедшей 8 февраля 2018 г. в ГОУ ВПО «Донбасская юридическая академия». Сборник предназначен для юристов, научных работников, специалистов государственной и муниципальной службы, преподавателей высшей школы, адъюнктов, аспирантов, магистрантов, студентов, курсантов и для тех, кто интересуется вопросами подготовки специалистов в военной и правовой сферах. The compilation was prepared according to the results of the I-st International Scientific and Practical Conference held on February 8, 2018 in the GOU VPO "Donbass Law Academy". The collection is intended for lawyers, researchers, specialists state and municipal services, teachers of higher education, adjuncts, graduate students, undergraduates, students, cadets and for those interested in the issues of training specialists in the military and legal spheres.