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Presentation on the topic: JURISPRUDENCE
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Topic 2. Rights of law and regulatory acts The training issues of the rule of law: the concept, structure, types and methods of presentation. Regulatory acts, their types (laws and sub-commercial acts) and the requirements made to them the actions of regulatory and legal acts Literature: 1. Cherdansev A.F. The theory of state and law S. 207-219 2. Jurisprudence (ed. M.B. Smolensky) P. 29-32 3. Mazurov A.V. Justice with. 27-48
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The norm of the right: the concept, signs and stages of formation rate of law - a state-power prescription, a common rule, aimed at regulating public relations The rule of law is a rule of behavior that has a common nature and supported by force state coercion The norm of law is a general obligatory rule of behavior emanating from the state or authorized on the law of organs or persons and supported by force of coercive signs of the norms of law Communication Commonness comes from the state or authorized by the law of organs or persons. Formal definiteness (written) regulation . The emergence of legal idea 2. Formulation of legal norm 3. The introduction of legal norms
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The structure of the norm of the right structure of the rule of law is its components, the design of which can be represented in the form of the following scheme: "If ..., then ..., otherwise ..". They are called hypothesis, disposition and sanction. A hypothesis part of the legal norm containing instructions on the circumstances under which this norm should be guided. The disposition-part of the legal norm indicating how or should there be the behavior of the right entity in the presence of the conditions specified in the hypothesis. The sanction part of the legal norm in which the measures of state impact applied in the event of non-fulfillment of the prescriptions contained in the disposition.
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Structure of the rules of law: examples "president Russian Federation A citizen of the Russian Federation not younger than 35 years old, permanently residing in the Russian Federation for at least 10 years, "(paragraph 2 of Article 81 of the Constitution of the Russian Federation)" The marriage age is established at eighteen years. " (Clause 1 of Article 13 of the Family Code of the Russian Federation) "Ruble is a legitimate payment, mandatory for reception at a nucleational value throughout the Russian Federation" (clause 1 of Article 1840 Civil Code RF)
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The classification of the norms of law is classified according to the following features depending on the belonging to a branch of law (the norms of family law, civil law, etc.) depending on the functions - regulatory and protective in the nature of the presentation in the regulatory act - management obliging and prohibiting (fairly conditional division, since any norm has a representative-obligatory nature) in time (period) of action - general or permanent (established on the uncertain time) and temporary on the scope of action - general and local in the degree of commitment - imperative and Disposure
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: Dispositive and imperative norms 1. Dispositive (control). Provide relations to participants a certain amount of rights they can enjoy. For example, citizens have the right to judicial protection, but the legislator provides them with the right to solve controversial issues between them without turning into court. 2. Imperative (obliging). Install for public relations participants an indispensable requirement to adhere to certain behavior. Keywords such norms are: "Must", "obliged."
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Slide 8
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Methods of presentation of the rules of law: Examples The direct method "The marriage age is established at eighteen years." (Clause 1 of Article 13 of the Family Code of the Russian Federation) The sending method "The thing, the section of which in nature is impossible without changing its purpose, recognizes indivisible. Features of the allocation of the share in the right of ownership of the indivisible thing are determined by the rules of articles 252, 258 of this Code. "(Article 133 of the Civil Code of the Russian Federation) The Blanco Method" .. The abbreviated duration of working time may be established for other categories of workers (pedagogical, medical and other workers). " (Article 92. Labor Code RF)
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Regulatory acts: concept and types Legal act- containing legal norms The official document, which is created as a result of the nationwide will, the laws of regulatory legal acts authorized by the law, the laws of regulatory and law: 1. Laws 2. Regional Acts
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Legal legal Act having a higher legal force, accepted by special order In order to regulate the most important relations from the point of view of public and public interest. Law - Regulatory Act, adopted in a special manner by the authorities legislative powerRegulating the most important public relations and possessing the highest legal force of the laws: the Constitution of the Russian Federation (adopted by a popular vote on December 12, 1993.) 2. Federal Constitutional Laws Federal Constitutional Law of June 28, 2004. №5 - FKZ "On the referendum of the Russian Federation" 3. Federal laws Federal Law of December 29, 1995. №223-ФЗ " Family code Russian Federation "4. Constitution (Charters) of the subjects of the Russian Federation Charter of St. Petersburg adopted by the Legislative Assembly of St. Petersburg 5. Laws of the Directors of the Russian Federation Law of St. Petersburg on February 25, 2004. №73-16 "On the elections of deputies of the Legislative Assembly of St. Petersburg" No. Slide 12
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Legislative process in the Russian Federation Basic stages of the legislative process Receipt of the draft law in the State Duma (GD) Consideration of the Education Commission of the State Duma Consideration at a meeting of the State Duma Adoption of the Law of the State Duma Consideration of the law by the Federation Council's approval by the Council of the Federation Signing the law by the President of the Russian Federation an example. Adopted by the State Duma December 21, 2001 Approved by the Federation Council on December 26, 2001 Labor Code of the Russian Federation Moscow, Kremlin President December 30, 2001 of the Russian Federation No. 197-FZ V. Putin
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Regional acts: concept and types Regulatory legal The act adopted by the competent authority in accordance with the law is called the sub-banner regulatory acts, which are taken by the competent authority on the basis of and in accordance with the laws, are called the sub-banner of a subtitle act, one of the types of regulatory acts, which is created in order to specify the situation adopted laws In order to facilitate their use, taking into account the specifics of various segments of the population, territorial features and individual interests Types of regulations: 1. Regulatory decrees of the President 2. Government Decisions 3. Departmental Regulations (Instructions, Provisions, etc.) 4. Substituent acts of subjects Of the Russian Federation 4. Regional Acts of Bodies local governments (statutes of municipalities, decisions, orders, etc.) 5. Intorganization acts (local regulations)
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Examples of sub-laws 1. Resolution of the Government of the Russian Federation of April 25, 1997. №490 "On approval of the rules for the provision of hotel services" 2. Departmental regulations (instructions, provisions, etc.) Order of the Ministry of Sports of Russia of January 25, 2011 No. 35 "On approval of the procedure for classifying the objects of the tourist industry, including hotels and other means accommodation, ski slopes. Beaches »3. Summary acts of subjects of the Russian Federation Resolution of the Government of St. Petersburg dated June 7, 2011" On the Development Program of St. Petersburg as a tourist center for 2011-2016 "
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Right
Slides: 102 words: 3459 Sounds: 0 Effects: 20Problem-check questions. What is the Institute for Law. What signs have to have a legal institution? What are the simple and complex institutions of law? Describe the industry of law and the subject of law. Determine the private and public law. List the main branches of Russian law. What is law-making? List ways to lawmakes. Name the general principles of lawmaking. What is regulated by the law-conducting process? What is right? What are the difference between rights and right? Origin of law? The right appears with the state. As mankind from the assignment economy, the prohibition system developed to the producing system. - Law.ppt.
Theory of law
Slides: 26 Words: 548 Sounds: 0 Effects: 152Theory of State and Law. Theory of law. Plan classes. The time of legal capacity. List the factors affecting the capacity individual. Who and in what cases can limit the capacity of a citizen. List the elements of legal relationship. Behavior. What could be behavior. Legitimate behavior. Surov law, but it is the law. Offense. Signs of offenses. The offense is an act of behavior. The offense always makes a certain harm to society. The offense can only be delivered by a delctic person. Act. Types of offenses. Are you ready to pay such a price. - Theory of law.ppt.
Law basics
Slides: 64 words: 1509 Sounds: 0 Effects: 27The concept of law. Right. The right is inextricably linked with the state. Regulator of public relations. The concept of "law". Rights rights. Structure of the legal norm. Types of rules of law. Group of legal norms. Branches of law. Criminal law. Tasks of criminal law. Formula of criminal law. Personal I. property relations. Family law. Labor law. Labor law. Administrative law. The norms of administrative law. Civil law. Civil legal relations. Change civil rights. Agreement. Base for a barter transaction. The conditions for the emergence of civil-law relations. - Basics of law.ppt.
Essence of law
Slides: 24 Words: 789 Sounds: 0 Effects: 60The concept and essence of law. The essence of law is equilibrium. Norms. Rule of law. Signs of legal norms. Essence of law. Legal relationship. Elements of legal relationship. Sources of law and their types. Legal duty. The duty of everyone to maintain nature. The rules guarded by the state. Legal responsibility. Signs legal responsibility. Types of legal liability. The system of law. The branch of law. Constitutional law. Criminal law. Administrative law. Civil law. Environmental law. - The essence of the right .Pptx
"Right" grade 6
Slides: 16 words: 676 Sounds: 0 Effects: 2The right to man service. Goddess of justice. Travel into the past. Athenian court. Everyone who saw injustice could lead to court. "God's court" of the Middle Ages. "God's court." Vendetta. Legal page. Quiz. Representing the interest of the accused. Act, violation of the norms of law. Fill the pass. Game page. Palace of human rights in Strasbourg. - "Right" Grade 6.PPT
Right system
Slides: 15 words: 489 Sounds: 0 Effects: 66The system of law. The system of law (internal law structure). The rule of law Institutes of law sub-sectoral rights of the industry rights. A combination of legal norms regulating a specific type of homogeneous relationship. A combination of related institutions of any industry. A combination of legal norms regulating a homogeneous sphere of public relations. Branches of law. Constitutional administrative civilian family labor. Criminal financial criminal procedural civil procedural. Relations regulated by branches of law. Constitutional. Administrative. Civilian. Criminal. Criminal procedural. - Rights system.PPT
The basis of the system of law
Slides: 14 Words: 614 Sounds: 0 Effects: 0Theory and history of the state and law. Discipline "Basics of Law". The content of the discipline "Basics of Law". The concept of state. The right and his role in the life of society. Basics of the constitutional system of the Russian Federation. Civil legal relations. Basic institutions of family law. Labor Relations. Administrative offense. Criminal law. Legal basis State and municipal management. - the basis of the system of law.ppt
The concept of system of law
Slides: 23 Words: 1141 Sounds: 0 Effects: 95The system of law. The concept of system of law. The system of law. Rights rights. Deposit right. Building a branch of law. Procedural law. Branches of law. Material industries. Freedom area. Structural elements of the rules of law. Structural elements. Act. Disposition. Alcohol. Properties legal Institute. Types of law institutions. Rule of law. Settlement of public relations. Views legal norms. Certifying rules. Imperate and dispositive norms. - the concept of system of law.ppt
Theories of the arise of law
Slides: 16 words: 712 Sounds: 0 Effects: 0Theory of law. Definition of right. Theory of law. Theological theory. A source. Theory of natural law. The law of a fair mind. Regulatory theory. Range of questions. Conciliation theory. The volume of the first written sources. Historical school. Right arises spontaneously. Class theory. Marx and Engels. - theory of the arise of law.ppt
Legal system of state
Slides: 35 words: 4836 Sounds: 0 Effects: 32Right. A combination of rules. Signs of law. Presentations on the right. Theories of origin of law. Rule of law. Sources of law. Judicial precedent. Systematization of regulations. Legal system. The system of law. Private and public law. Material and procedural law. National I. international law. Legal culture and legal consciousness. Legal practice. Classification of legal systems. Anglo-Saxon Legal Family. Traditional legal family. Legal systems for states. Incile law. Legal system of the Russian Federation. Legal system of the United States. Legal system of Great Britain. - legal system of state.pptx
Right and social norms
Slides: 30 Words: 1675 Sounds: 0 Effects: 0Codifier questions. Right in the system social norms. Social norm. Structure of the norm of law. Source right. The system of law. Family law. Powder. Legal responsibility. View of responsibility. Constitution of the Russian Federation. Features of the Constitution of the Russian Federation. Constitutional system. The federal law. Deputies State Duma. Civil law. Civil legal capacity. Civil opportunity. Business activities. Property rights. Personal non-property rights. Nakhodka. Labor law. Labor contract. Grounds for termination labor contract. - the ratio of law and social norms.ppt
Norms rights
Slides: 15 words: 840 Sounds: 0 Effects: 111Rule of law. The concept of the rule of law. Order. Settlement of public relations. Types of law. Certifying rules. Imperate and dispositive norms. Structure of the legal norm. Page Agreement. The system of law. Branch. Labor law. Procedural law. Private right. - Rights rights.ppt.
Legal norms
Slides: 15 words: 564 Sounds: 0 Effects: 0Right in the system of social norms. Social norm. Signs of legal norm. Structure of the norm of law. Hypothesis. Disposition. Sanction. Indicates the vital circumstances of the entry into force. If (hypothesis) - then (disposition) - otherwise (sanction). Find hypothesis, disposition and sanction. Types of legal norms. By the nature of the rules of conduct contained in the text: obliging; Managers; Prohibiting. Right and legal norm. The right is a system, a set of legal norms. Right and morality. Legal norms are supported by the power of the state. For violation of legal norms - sanction, and moral - public condemnation, remorse. - Legal norms.pptx
The concept and norm of law
Slides: 24 Words: 1274 Sounds: 0 Effects: 142Signs of behavior rate. Around the unisected rules. The concept of law. Right. Signs of law. System. Missed term. The branch of law. Legal concepts. Branches of law. The system of law. Institute of Law. What is the norm. Rule of law. Legal norms. The main promise. Components. Structure of the norm of law. Functions of law. The task of law. Philosophy of Law. - the concept and norm of law.ppt
Concept of legal relationship
Slides: 15 words: 527 Sounds: 0 Effects: 0Legal relationship. Concepts and signs of legal relations. The concept of legal relations. Signs of legal relations. The foundation of the emergence of legal relations. Legal facts. Subjects of legal relations. Structure of legal relations. Orthodoxy. Objects of legal relations. Content of legal relationship. Measure of proper behavior of the face. Legal duty. Types of legal relations. Independent work. - The concept of legal relationship.ppt.
Game right
Slides: 44 words: 1949 Sounds: 0 Effects: 43"Own game" among students of grades 9-11. Right. What the right to violate the tipples, the cook, to set Babarich's baba. Tort. Administrative arrests may be subject to face. Translate from Latin. Explain Sasha. Student cats. Teacher Vaza with roses accepted. What kind of crime did the geese swans. Delicate. Conviction in a criminal case. Translate. Whether the right police officers have to suspend work. Smirnov committed a crime. Coming court. Tale "Thumbelina". Consensus. It has the right to apply to the court for protection. Legal marriage. - game right .pptx
Questions right
Slides: 30 Words: 1030 Sounds: 0 Effects: 0Right. What is right. An increase in the income of citizens. What refers to sources of law. Legal act. Signs of legal act. Judgments O. legal acts. Legal relationship. Set match. Name any three civil relationships. Civil law. Conclusion of the lease agreement. High school student. Action high school student. The crime. Constitution. Sign of the Constitution. Position. Principles of a secular state. Implementation in the Russian Federation of the Constitutional Regulations. Authority. Legal responsibility. Teenager. Act. Law enforcement agencies. A family. Industry of International Humanitarian Law. - Questions on right .ppt
Quiz right
Slides: 27 Words: 494 Sounds: 0 Effects: 23Tournament of the Rights Rights. Headquarters is located in New York. She strives to achieve peace and harmony between nations. Is responsible for the affairs of refugees. Cares about the rights of women. Take care of the rights of children. UNICEF. On November 20, 1989, the Convention on the Rights of the Child Approved by the UN General Assembly. Mini quiz. 1. When was the Convention on the Rights of the Child? November 20, 1989 2. How many years is the child is considered a child? up to 18 years old. 4. It should not be subjected to torture or ... cruel, inhuman appeal. 8. It cannot be subjected to arbitrary arrest ... detention or expulsion. - Quiz right .ppt
Legal quiz
Slides: 48 words: 1051 Sounds: 0 Effects: 51Legal quiz. Questions. Offense and punishment. The science. Antisocial act. The totality of norms and rules. Generally accepted moral norms. Decipher the abbreviation. Causes of crime. Psychological reasons. Amoral behavior. Surrounding man material and spiritual conditions. Crimes against property. Open embezzlement of property. Certificates of ownership. Traveling crime. Attack for the purpose of embezzlement. Crimes against personality. Humiliation of honor and dignity. Family with weapons. The goal of most abductions. Shameless behavior. - Legal quiz.ppt.
Quiz by law for schoolchildren
Slides: 14 Words: 712 Sounds: 0 Effects: 43Quiz "I have the right!". Education of legal literacy of students. Rights. The opportunity to act. Teams. Universal declaration. Dates. The calendar legal dates. Group rights. Human rights. Relations of the proverbs with the name of the right. The truth of the court is not afraid. All rights have them. - Quiz by right for schoolchildren.PPT
Jurisprudence
Slides: 122 words: 13284 Sounds: 0 Effects: 0Jurisprudence. The concept and subject of legal entity. Methods legal regulation. Comparison can be carried out at various levels. The concept, signs and functions of the state. State functions. The form of the state, the main forms of government. Monarchy. Republic. Forms state Device. Federation. Confederation. There are allied bodies coordinating the activities of the Confederation. Mechanism of the state. Organs state power. The concept, signs and principles of law. Sources of law. Industry - Principles acting within the framework of only one branch of law. Basic forms of law. The origin of the right, the relationship of law and the state. - legal state .ppt.
The concept of law
Slides: 8 Words: 132 Sounds: 0 Effects: 0The concept of law. Legal norm. Sources of law. The purpose of the lesson: the right is a universal regulator of public relations. Signs of law: the regulatory nature of the obligation of execution guaranteed by the state is multipleness of use. Sources of law - Regulatory acts, precedents, legal customs and legal treaties. Signs of the legal state: - the concept of law.ppt
Sources of law
Slides: 12 Words: 2586 Sounds: 0 Effects: 15The source of law is an external form in which objective right is expressed. Sources of rights: legal act. Legal custom. Judicial precedent. Legal doctrine. Regulatory contract. Regulatory legal acts operating in the country form unified system. Legislative act is a kind of regulatory act. The structure of the legal act: officially established requirements for the structure of regulatory acts does not exist. Note. Elements of articles of the Civil Code of the Russian Federation are customary to call items, and not parts of the article. The usual right is one of the oldest phenomena in the history of mankind. -
Legal system
Slides: 48 words: 576 Sounds: 0 Effects: 0Several inner words ... Why do you need a course of TP? What source is guided by? Recommended authors: T.V. Kashanin V.V. Lazarev L.A. Morozova. Email for advice: [Email Protected] Topic 1: Basic concepts about the right. What will we talk about? Let's talk about the origin of the right ... The concept of the right and legal system. The concept is one, definitions - a lot. One of the definitions of the right ... Signs of law: Systemity. Community. Formal certainty. Warranty. Pro in about. Objective. Subjective. The most important distinction ... Types of legalism. Right. Two approaches to the right: - Legal system.ppt
Legal relations
Slides: 65 words: 2856 Sounds: 0 Effects: 260Right. Community norms established by the state. Features of legal norms. The system of law. Branches of law. Sources (forms) of law. Private law. Ecological electoral financial entrepreneurial. Regulations. Constitution. Legal relationship. Relationships that are regulated legal standards. Subjects of legal relations: individuals and legal entities. Partial legal capacity of minors (14-18) and juvenile (6-14). Content of legal relations: subjective rights and legal responsibilities. Full criminal liability - from 16 years, partial - from 14 years. - Legal relationship.ppt.
Right in the system of social norms
Slides: 10 Words: 950 Sounds: 0 Effects: 0Right in the system of social norms. 1. Definition of right. 2. Signs of legal norms. 3. Structure of the rule of law. 4. Right in the system of social norms: features of interaction. Table continuation. 5. Rights. 6. Right functions. Educational - the right has stimulating the impact on the behavior of subjects of public relations through prohibitions, restrictions on legal protection and punishment. Regulatory - right establishes the rules of behavior in society that are aimed at coordinating public relations, streamlining links between people. - Right in the system of social norms.pptx
Legal relationship
Slides: 9 Words: 188 Sounds: 0 Effects: 48Legal relationship. Plan. § 1 Legal relations § 2 Elements of legal relations § 3 Types of legal relations. The concept of legal relations. Elements of legal relations. Objects of legal relations Legal relations The content of legal relations. Subjects of legal relations. Types of subjects. Individual subjects Collective subjects State, state and municipal members. Objects of legal relations. Content of legal relations. Subjective rights. Subjective legal duties. Legal duty - prescribed to the subject of the measure of due behavior, responsibility. Classification of legal relations. - legal relationship.ppt.
Economic analysis of law
Slides: 27 Words: 1191 Sounds: 0 Effects: 74Economic analysis of law. 1. Economic approach to the analysis of law. Economic approach to right deals with limit values. Economic approach to the right focuses on creating EXTE incentives. Basic prerequisites. The principle of cardinalism. The possibility of interpersonal comparison of utility. Efficiency as a criterion for assessing legal norms. Efficiency as a criterion for assessing legal norms Efficiency criterion for Pareto. The preferences of individuals are considered as predetermined and unchanged. The principle of effectiveness by Pareto does not take into account the validity of the distribution of income. - Economic analysis of law.ppt
The program is right
Slides: 7 Words: 594 Sounds: 0 Effects: 0Program Manager. Publications: The total number of publications is about 100. He has publications abroad and in a foreign language. About the master's program "Civil Law, Family Law, International Private Law". List of studied disciplines. Federal component. Disciplines for the selection of the undergraduate. Special disciplines: What skills get a graduate program? Portfolio contest. -
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Signatures for slides:
The right of general obligatory norms established by the state
Features of legal norms are commonly enshrined in laws and other legal acts clearly define the boundaries of possible behavior are regulated by the forced force of the state
The system of law is the norm of the right community rule, established by the state and enshrined in official legal acts the branch of the right of law a set of legal norms regulating the whole sphere of homogeneous legal relations (constitutional law, labor law, criminal law, administrative right ...) Institute of Law, a separate group of norms within the industry of law (in criminal law: Institute of Crimes against Life, Health, Public Advantages, Institute of Crimes against Property ...)
Industries Rights Regulatory industries aimed at establishing rights and obligations (constitutional, civil, labor, family ...) Security industries aimed at protecting rights (criminal, criminal procedure, civil, civil procedural ...) Private law - ensures equality between all subjects (civil, family, entrepreneurial law) Public law - regulates relationships affecting state interest (constitutional, administrative, financial, criminal law)
Sources (forms) of the right of legal custom (normal law) - a rule of behavior that has become in the habit and is ensured by the forced force of the state, the judicial precedent (judges' right) - judicial decision, the case that becomes a sample, an example of a legal act (legislator's right) - an official document, which is created by government agencies and contains mandatory legal norms. Form of expression and consolidation of the rules of law in order to give them legal, general obligatory law.
Industry private law Environmental electoral financial entrepreneurial
Regulatory legal acts on legal force differ: the Constitution (has a higher legal force) federal laws. Warning acts: Decrees of the President of the Russian Federation. Government Decree Orders and Instructions of Ministries
The Constitution enshrines the basics state building, the rights and freedoms of citizens regulate the most important parties public Life All other laws are issued in accordance with the Constitution serves as the highest norm of the behavior of citizens and state organizations.
Relationships of relations that are governed by legal standards of legal relations: physical and legal entities legal capacity (the ability to be a carrier of rights and obligations) occurs from the moment of birth / registration capacity (the ability of the person with their actions to carry out rights to him, create responsibilities for themselves and perform them) comes on Achieving majority partial legal capacity (14-18) and juvenile (6-14) Objects of legal relations: material and intangible benefits, products of intellectual creativity, results of actions Contents of legal relations: Subjective rights and legal responsibilities full criminal liability - from 16 years, partial - with 14 years
An offense signs of offense: Act (conscious action (stole) or informed inaction (did not pay taxes)). Anti-paragraph (contradiction of the actions of the norms of law). Guilty (mental attitude to its unlawful behavior (direct intent, indirect intent, self-addiction, negligence)). Public dangerous Act (personality damage, society, state). Socially harmful, guilty act contrary to the norms of crime of misdeed
Crime crimes: By the degree of danger: Slightly gravity, middle severity, grave, especially serious. By nature: mercenary (theft, bribes ...), economic (violation of the interests of the consumer, damage environment...), violent (murder ...), terrorism. According to the Criminal Procedure: against personality, in the economic sphere, against public order, against state power, against military service, against peace and security. Publicly dangerous act prohibited by the Criminal Code
Apomplication Types of misconduct: disciplinary (in the field of service relations). Administrative (encroaching public relations related to public Administration - violation of security rules road, fire safety, obscene branch in in public places...). Civilian (in the field of property and some non-property relations (non-fulfillment of responsibilities under the contract)). Guilty unlawful act representing a smaller danger than a crime
Legal responsibility comes for the commission of an offense is established by the state in the norms of law implies strictly certain government agencies, officers Provided by the forced force of the state, the set of adverse effects that may arise from those who violated the right goal - to protect the rights and freedoms of a person, to ensure public order, punish the guilty
Eliminate legal responsibility required defense Extreme need (in order to prevent greater harm) Inchange of the encroachment person, the execution of the order Irresistible force (for example, natural disaster)
Types of legal liability Civil law (disadvantageous consequences property Character - Compensation of harm, payment of penalties, fine, penalty ...). Disciplinary (the imposition of recovery to the employee of the enterprise administration is a remark, reprimand, strict reprimand, dismissal ...). Administrative (prevention, fine, deprivation of special rights, administrative arrest up to 15 days ...). Criminal.
Are the following judgments true? A. The misdisors are divided into civil, administrative, criminal, disciplinary. B. Obviously a false message about the preparing terrorist Act Classified in the Russian Federation as a crime. It is only true and true only would be true and A, and b Both statements are incorrect
Constitutional (state) right covered: the foundations of the constitutional system National-state structure of the country The procedure for the organization and function government agencies and local governments leading branch of law governing fundamental public relations
Sources constitutional law Constitution federal laws ("On the referendum of the Russian Federation", "On the Constitutional Court", "On the elections of the President of the Russian Federation" ...). Regulations Subjects (Republic Constitution). Contracts (on the delimitation of powers, etc.). Adopted on December 12, 1993, entered into force on December 25, 1993.
Principles of constitutional law Republican form of government Folk sovereignty (source of power - people) Priority and inviolability of human rights and freedoms
Administrative right administrative relationships: Intra-appliance relationships (head - subordinate) relations between government and ministries of interaction executive bodies With public organizations of the interaction of executive bodies with citizens, regulates public relations in the field of public administration
The main features of the administrative right The indispensable participation of any state authority is the lack of legal equality of the parties: one participant has the right, and the other - duties Administrative responsibility comes from 16 years
Sources of administrative law Constitution of the Russian Federation. Laws of the Russian Federation (for example, "On the Militia") Regional Acts (presidential decrees, government decree, acts of ministries and departments). International acts. Code of Administrative Offenses (CACAP).
Views administrative offenses Violation of traffic rules. Small embezzlement. Small hooliganism (Branj, offensive attitude towards people). Drinking alcoholic beverages in public places. Storage of drugs in small sizes.
Administrative recovery WARNING (in writing). Penalty (based on the minimum wage). Compensated seizure of the subject. Confiscation. Deprivation special rights (driver, hunting right ...). Corrective work. Arrest for 15 days (except for those who have children under 12 years old, pregnant women, disabled 1 and 2 gr., Persons under 18). Administrative expulsion outside the Russian Federation (foreigners, individuals without citizenship).
Criminal law A combination of legal norms that determine the crime and the punishability of acts dangerous to society the main source of the Criminal Code of the Russian Federation (adopted in 1997) the main concepts - a crime and punishment criminal liability - from 16 years for intentional crimes - from 14 years
Types of criminal penalties Penalty (from 25 to 1000 minimum wise). Deprivation of the right to hold a post (up to 5 years). Confiscation of property. Deprivation of liberty. Life imprisonment. The purpose of criminal punishment: to fix and re-educate to restore social justice
Exclude criminal liability Necessary defense. Extreme necessity (saving people in emergency situations). Physical and mental coercion (related watchman). Causing harm while detention of a person who committed a crime. Execution of an order or order.
Civil law participants civil legal relations: individuals and legal entities, state, subjects of the Russian Federation, municipalities. Civil relations objects: things, money, services, information, intellectual property, health ... A set of norms regulating property and personal non-property relations
Sources of civil law Constitution of the Russian Federation. Civil Code. Laws of the Russian Federation (about privatization, to protect the rights of consumers, inconsistency (bankruptcy) of enterprises, on copyright ...)
Property and personal non-property relations Property relations (the right to have, inherit property ...) Relationship relations (buyer - seller) Commitered relations (debtor creditor) Personal non-property relationships are not directly related to property relations (priority, honor, business reputation, interests ...) directly related to property relations (copyright)
Things (property) immovable: land, plots of subsoil, separate water bodies, buildings, structures, air and sea vessels, space objects. Tack state registration. Movable: Money, securities ...
Transaction and contract transaction - establishment, change and termination of certain rights and obligations. Transactions are one-sided (power of attorney) and multilateral. Treaty - type of transaction in which two or more sides participate. Views: contract of sale, donation, exchange, bank loan, construction contract, for the provision of services, insurance, land rental, buildings ...
Consumer Rights All goods and services must comply with the standard and sanitary standards The consumer has rights to detailed information on the product on the label should be indicated by the manufacturer's brand with the address of the consumer has the right to a safe and high-quality product during defects: the right to require the disadvantages to be eliminated within 20 days the right to agree on a decrease in the price of goods with the seller right to replace Similar, but high-quality goods right to return the goods to the store to a certain period and return the money
Manufacturer's Rights Set the service life of things to some goods to set the expiration date to establish a warranty period during which repairs can be made free
Labor right regulates relations between people in the process of labor activities. Relations participants - an employee and employer. The foundation of labor legal relations is an employment contract (contract). Industry regulating relations between employers and employees a) State and municipal enterprise b) Commercial and non-profit organization B) individual entrepreneur Main sources - TK RF, Law of the Russian Federation "On collective contracts and agreements "...
Employment agreement Agreement on the place of work Agreement on the employment of employee (specialty, qualifications, position) agreement agreement wages Agreement on the form of an employment contract (urgent or indefinite time) Additional conditions (Other Labor Issues, Socio-Household Service ...) Voluntary Agreement between the employee and the employer
Working hours and recreation time Duration of the working day no more than 40 hours a week. For young people from 16 to 18 years old - up to 36 hours. For adolescents up to 16 years - up to 24 hours. Rest time: lunch break (no more than 2 hours) Daily holidays after working day Weekends holidays vacation (at least 24 working days ) Family vacation
Obligations of the employer: Pay for labor to ensure the safety and appropriate working conditions of the employee: qualitatively perform their work to follow the rules of the internal schedule Disciplinary recovery For non-fulfillment of obligations: Comment, reprimand, strict reprimand, dismissal of encouragement: gratitude, valuable gifts, premiums, state awards
Family Law Industry Regulating Personal Property and Property Relationships of Citizens Arising from Marriage, Rodance, Adoptions, Caucasics and Court of Trustees on Minors, making children in Education Main Source - Family Code of the Russian Federation (1996) Marriages Actual Civil Church Registered in the registered
To conclude a marriage: Mutual agreement the achievement of marriage (18 years old, in exceptional cases - from 16 years) Lack of other registered marriage lack of close kinship Acquisition of those who want to marry
Personal spouse rights (choice of profession, place of residence, choice of surname, joint education of children ...) Property (joint property, ownership of each of the spouses, aliminal relations, marriage contract ...)
The rights of the child live and brought up in a family to communicate with parents and other relatives to express their opinion that has legal significance from 10 years in the name, patronymic, the name of ownership to the income received by them, the property obtained as a gift or inherited
Parental rights to raising children to choose from OU and the form of obtaining the main general Education On the protection of the rights and interests of their children choosing the name and surname to the child of the giving consent to adoption ...
Adoption, guardianship ... Adoption (adoption): Legal relations are established between the adopted and adopter, the legal relations that exist between the children and parents of the guardian are established: they are trapped by children under the age of 14, they are accountable and controlled by guardianship and guardianship authorities: bring up children from 14 to 18 years, they are accountable and controlled by guardianship and guardianship bodies. Education in the reception family: guardians (trustees) for the upbringing of other people's children get a salary
Which of the branches of the form of legal liability may be imprisonment? Civil law Administrative law Criminal law Constitutional law
Which of the offenses is administrative? Collection of voter signatures in the prohibited place theft of property owned by the criminal Falsification of the outcome of the election campaign Publication of an article discussed by a citizen
International humanitarian law Geneva Conventions 1949: On the improvement of the fate of the wounded and patients in the existing armies on the improvement of the participants of the wounded, patients and faces, victims of the shipwreck from the Armed Forces on the use of prisoners of war on the protection of civilians during the war + additional protocols of June 8, 1977 G.
The main provisions of the IHP person who ceased to participate in hostilities, as well as persons who do not participate in them have the right to respect their lives, as well as moral and physical integrity.
The main provisions of the MHP of the enemy, who surrendered to the captivity or stopped participating in hostilities, is prohibited to kill or apply injury.
The main provisions of IHL were injured and patients should be selected, and they should be assisted by the party in the conflict in which they were in power. Under the defense there are also medical staff, sanitary institutions, transport and equipment. Signs of this protection are:
The main provisions of the IHL captured participants in hostilities and civiliansThe opponent's power is entitled to preserve their lives, respect for their dignity, personal rights and beliefs.
The main provisions of IHL would be the main judicial guarantees to any person must be provided. No one can be subject to physical or moral torture, as well as corporal punishment or offensive, degrading treatment.
The main provisions of the IHP side, which are in conflict, and persons from the composition of their armed forces are limited in their right of choosing methods and means of conducting hostilities. It is forbidden to apply weapons or methods of fighting, capable of causing excessive damage or unnecessary suffering.
The main provisions of the state of the state in conflict should always distinguish between the civilian population and combatants to ensure respect and protect civilians and civilian objects. The attack must be directed only against military facilities.
System of proceedings A combination of all existing ships constitutional Court: cancels laws contrary to the Constitution and violating the rights of citizens Supreme Court: the most important body judicial authority in civil, criminal and civil Affairs + supreme Courts Subjects and urban district courts Court of Arbitration: Allows economic disputes between citizens involved in business activities, and organizations world courts: consider civil, criminal, administrative cases of minor complexity as a court of first instance
Basic principles of legal proceedings Collectivity of consideration of judges-professionals + jaages 12 people from 25 to 70 years old can not be judges, priests and military decide the question of guilty or innocence jurors take part in the court meetings only by some cases
The basic principles of legal proceedings Glasnost b - the presence of a person interested in meetings of anyone interested in this business (relatives, friends, media representatives) In some cases, the hearing of the case can be held with closed cases (state, trade secret, especially grave crimes)
The basic principles of legal proceedings are equal rights and tightness of the parties to all participants are equal to each other and before the law, but the incident is investigated from different sides.
Basic principles of legal proceedings Management of legal proceedings on national Language It is allowed to use the services of a translator
Basic principles of legal proceedings Presumption of innocence accused is not obliged to prove their guilty of the defendant, in which the sentence has not yet been made, one cannot be called a criminal
Law enforcement agencies Prosecutor's office (general p., P. Subjects of the Russian Federation, cities, areas) supervises the execution of laws Prosecutor General Appointed and exempted by the Council of the Federation on the Presentation of the President for 5 years; lawyer Voluntary Association of Lawyers Created for legal aid physical I. legal entities Ministry of Internal Affairs Ministry of Justice traffic police
The principle of democratic proceedings is: use in court of all evidence of guilt regardless of the method of their receipt judicial trial Refusal in the right to defend in grave crimes the possibility of dismissing judges by President
Legal culture has a certain level of development of legal consciousness, including knowledge of legislation, its correct understanding, compliance, use, as well as intolerance to violators of legality. Legal Nihilism: the denial of the role of the right, the non-recognition of its regulatory framework of society
Structure of legal culture Legal psychology (feelings, emotions, sentiment, which is expressed to the right) Legal ideology (system of knowledge of the right) Legal behavior (legally significant behavior)
Legal education Basic channels legal education: Teaching the basics of law in schools, technical schools, universities popularization of knowledge on the right through books, brochures, etc. Media Self-education and self-education Legal nihilism: denial of the role of law, non-recognition of its regulatory framework of society
"... .. State in which citizens most obey the law, happily during the world and unshakable during the war ... .."
From chinese parables
In society there are various kinds of relations (public relations):
- family;
- labor;
- economic;
- friendly, etc.
Daniel
Olga
Andrew
Anna
Elena
Stepan.
What way does social relations are regulated?
Customs (traditions)
Religious norms
Moral norms
Political norms
Aesthetic norms
Ethical norms
Norms rights
Social norms - generally accepted in society rules regulating behavior of people
What signs have social norms?
Social norms
Social norms represent a sample (standards) of behavior typical for this time and environment
Norms define the border (measure) of possible and due behavior
Do not have a specific addressee and act continuously in time
Serve as a means of monitoring the behavior of people
Are aimed at regulating social relations
Right is understood in various meanings
The right is the officially recognized features that the person has (I have the right to ... ..)
Right as socio-legal claims of people
Law - Legal Regulations
Traditionally, the right is divided into natural and positive
Natural law - The right, existing independently of the legislator. A set of rights and freedoms that man has from birth: life, property, inviolability, freedom, movement, etc.
Positive law - the right embodied in legislative Acts states
RIGHT - This is an established and protected by the state system of general obligatory norms (rules of conduct) regulating public relations in the interests of society, providing personal rights and freedoms of each person.
Signs of law:
Right is a system of norms (rules of conduct)
The right is formally defined in the special official acts of the state
The right expresses the will and interests of the people
Right - Community System
The right is protected by the state
Functions of law
- Social control determines measure of possible and proper behavior subjects
- Educational - impact on the behavior of subjects of public relations ( bans and punishment )
- Regulatory sets in society rules of behavior and regulates public relations
- Guardian protects the most important social relations from negative impact
Principles of law
PRINCIPLE OF HUMANISM
Principle of social justice
Principle of consistency of norms
Principle of equality
Principle of legality
Principle of legal responsibility
Unity legal rights and duties
The principle of democratism
How did the right arise?
There are several theories of the occurrence of the right:
- Theological (Divine) Theory
- Theory of natural law
- Regulatory theory
- Conciliation theory
- Historic theory
- Classic theory
Theological Theory.
According to theological
theory source of law
was the will of gods and their
"Askannikov" - rulers
states
Theory of natural law
Natural (natural)
right represents
fair mind law
on which the universe is built
communities of people.
Jean Jacques Rousseau
Regulatory theory
The essence of this theory
thing is
right arises as
need to regulate
all areas of people's life
(economic, political
and socio-household).
Conciliation theory
According to reconciliation
theories of the right arose not
for settlement
relations inside the genus
and for ordering
relations between childbirth.
Historic theory
According to historical
theories are the right arises
spontaneously. The right is
manifestation of features
national Character
of one or another people
it does not possess
universal action.
Gustav Hugo
Classic theory
Founders class
theories of Karl Marx.
and Friedrich Engels believed
that the history of human
societies were always
history of class struggle,
in which the oppressor and
the oppressed was in
harsh confrontation
each other. In this way,
the right is erected
in the law of the will of the dominant
class, its instrument applied
to suppress the class of depressed