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All Journal SIASAT Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Vladimir Valentinovich Kozhevnikov
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Religion Arts Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences

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 1 
Is There Material Liability of Workers and Employees as a Type of Legal Liability in Contemporary Russian Law and Legislation? Vladimir Valentinovich Kozhevnikov
SIASAT Vol. 6 No. 1 (2021): Siasat Journal, January
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/siasat.v6i1.85

Abstract

The subject of this article is the social relations regulated by the legal institution of material responsibility of workers and employees. The purpose of the article is the argumentation of the position according to which material liability does not have the status of legal liability. To achieve this goal, the following tasks were implemented: 1) the positions of the overwhelming number of supporters - theorists of law and scientists of labor law - were considered - recognition of material responsibility as one of the types of legal responsibility, along with criminal law, administrative law, etc., which is interpreted as compensation for harm caused to a worker or employee to an enterprise (organization, institution): 2) the views of scientists (Anatoly Borisovich Vengerov, Mikhail Mikhailovich Rassolov, Magomed Imranovich Abdulaev), who do not recognize material responsibility as a type of legal responsibility, have been analyzed; 3) analyzed approaches to understanding legal responsibility; 4) the author's position of understanding legal responsibility and its signs is given, focusing on such as the onset of negative consequences, imposing new additional duties on the offender; 5) the problem of correlation of legal liability measures and protection measures is considered. In conclusion, it is concluded that the identification of measures of legal responsibility and measures of protection have led, first, to an incorrect definition of civil liability, with which material liability is often compared; secondly, the controversial allocation of both the legal function of legal responsibility and material responsibility as a kind of legal responsibility, which, despite its consolidation in labor legislation, in our opinion, in its essential and substantive characteristics refers to protection measures. The scientific article also emphasizes that the problem of distinguishing between legal liability and protection measures is extremely important for law enforcement entities, who must adequately understand what measures of state-legal coercion they apply, which thereby realize their goals. At the same time, they should keep in mind that in practice the named types of state legal coercion are often applied simultaneously (for example, a civil suit in criminal proceedings).
The Question of the Legal Consciousness of a Society in Transition of Development of Russia: the Theoretical Aspect Vladimir Valentinovich Kozhevnikov; Anastasia Evgenievna Cherednichenko
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 3, No 4 (2020): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v3i4.1426

Abstract

The relevance of this scientific article is determined by the importance of legal consciousness in all spheres of social life in Russia in general and at the transitional stage of its development in particular, because it, acting as a subjective factor, largely determines the direction of the social life of the fatherland. The purpose is to analyze the most essential features of public legal consciousness in the transitional period of the development of Russia and to show its significance for the further development of Russian society. Results: in the course of the conducted scientific research it became clear that the public legal consciousness of the transitional stage of Russian society, firstly, is extremely important for the development of the latter, for all its spheres; secondly, it is characterized by fragmentation, contradictoriness and radicalism; thirdly, some tendencies in the content of such legal consciousness are associated with legal idealism and legal nihilism; Fourthly, it is influenced by a whole system of factors, including, in particular, the ill-conceived policy of our state, which, in general, does not reasonably ignore its significance. Conclusion: it is noted, firstly, that modern Russian society, which is at a transitional stage of its development, is characterized by many different contradictions, among which there is also such a bizarre interweaving of legal nihilism and legal idealism, which together form a bleak picture of legal lack of culture; secondly, it is necessary to overcome the imbalance between the autonomous legal consciousness of individuals and public legal consciousness.
On Dialactic Assessment of Professional Experience of Law Enforcement in the Field of Law Enforcement Vladimir Valentinovich Kozhevnikov
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1824

Abstract

This scientific article is devoted to the problem of professional experience of law enforcement in the law enforcement sphere. The author emphasizes that the latter is not only positive in nature, contributing to a quick and correct assessment, legal qualification of a particular situation, but also negative, causing professional deformation of the subjects of the application of law.
Status of the Modern General Theory of the State and Law in the System of the Legal Sciences Vladimir Valentinovich Kozhevnikov
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 3, No 2 (2020): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v3i2.885

Abstract

This scientific article deals with the problem of the hierarchy of the modern legal sciences. The main purpose of the work is to justify the principle that modern general theory of the state retains the status of the fundamental, methodological legal science. There are following tasks of the achieving of the purpose in the article: 1) to analyse the positions of the legal scientists who doubt on the high status of the general theory of the state and the law; 2) to characterize Marxist-Leninist general theory of state and law, which had class, party character; 3) to justify the position that certain provisions of Marxism-Leninism have not lost relevance yet; 4) to display the similarity of Marxist-Leninist general theory of the state and law and modern theory of state and law in terms of methodological foundations. Result. Not agreeing that the theory of the state and law has the function of the serving of the official ideology currently, there is a suggestion in the article that the general theory of the state and law at all stages of the development of the society, not excluding the modern science, is the fundamental, methodological science in the system of other legal sciences, despite the attacks at both theoretical and practical levels.
On the Structure of Specialized Norms of Contemporary Russian Law Vladimir Valentinovich Kozhevnikov
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 1 (2021): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i1.1780

Abstract

This article examines theoretical issues related to specialized norms of modern Russian law. The author determines their status, types, provides a reasoned author's position on the issue of their structure, which is closest to the structure of regulatory norms of law, but has specific features. Among the specialized norms of law, conflict norms, consisting of a hypothesis and a disposition, stand out.
On Functional Purpose of Legal Liability Vladimir Valentinovich Kozhevnikov
SIASAT Vol. 6 No. 3 (2021): Siasat Journal, July
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/siasat.v6i3.97

Abstract

The general theoretical and sectoral aspects of the problem of the functions of legal responsibility are considered. The author proceeds from the fact that the main methodological mistake of supporters of the restorative function of legal responsibility is that they often identify measures of legal responsibility and protection measures.
Does the Modern General Theory of State and Law Remain a Fundamental, Methodological Juridical Science? Vladimir Valentinovich Kozhevnikov
SIASAT Vol. 6 No. 3 (2021): Siasat Journal, July
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/siasat.v6i3.99

Abstract

This scientific article is devoted to the general theory of state and law as a fundamental, methodological legal science at all stages of its development. The article substantiates the position according to which its belittling both at the theoretical and at the practical levels is unreasonable.
About Delegated Legislation Vladimir Valentinovich Kozhevnikov
SIASAT Vol. 7 No. 2 (2022): Siasat Journal, April
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/siasat.v7i2.113

Abstract

The problems of delegated lawmaking are considered. The author comes to the conclusion that if the domestic legal doctrine has a negative attitude to the problem of delegated legislation and there are very few examples of it, then in the countries of the Romano-Germanic and Anglo-Saxon legal families, legal science pays increased attention to this problem, and the role and importance, specific the weight of the right delegated in the system of sources of law is constantly increasing.
On Legal Practice and Other Criteria for the Truth of Knowledge about the State and Law Vladimir Valentinovich Kozhevnikov
SIASAT Vol. 7 No. 2 (2022): Siasat Journal, April
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/siasat.v7i2.119

Abstract

This scientific article analyzes various criteria for the truth of knowledge about the state and law. The work emphasizes a very important and fundamental position, according to which legal practice, being the most important criterion for knowledge about the state and law, cannot objectively be recognized as a single criterion, because far from all knowledge about many state-legal phenomena and processes cannot be "measured", based solely on legal practice.
Co-Authors Anastasia Evgenievna Cherednichenko