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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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Journal : SIASAT Journal

 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).
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