Social science for college students is the topic of international law. International law on the exam. Two groups of functions

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Section 5. Topic 41. Law in the system of social norms.

The essence of the concept right:

1. Right - opportunity, permission to do something (the right to education)
2. Right - a set of legal norms governing typical similar legal relations, i.e. branch of law (administrative law, criminal law)
3. Right - the whole system of obligatory rules of conduct, formally defined, established and protected by the state.

Signs of law:

1. regulate social relations
2. Rules of a general typical nature
3. obligatory
4. Are established by the state
5. Formally defined in a written document
6. Playable for a long time

Sources of law

legal custom legal act treaty legal precedent

Law is based on moral, political, social and cultural values. Basic legal values:equality, freedom, justice.

Relationship between morality and law

Structure of legal norms

Types of legal norms

Section 5. Topic 42. The concept and types of legal liability.

legal relations - these are public relations protected by the state and regulated by the norms of law, the participants of which have mutual legal rights and obligations.

Participants of legal relations:

1. Individuals
2. Legal entities
3. State bodies

Offense - an unlawful guilty act or inaction of a delinquent person, causing harm to society and the state, for which legal liability is provided.

Signs of an offense:

1. Action or inaction
2. Wrongfulness
3. Harm, public danger
4. Delicacy of a person (the ability of a person to be aware of his illegal actions)
5. Guilt (a person's psychological assessment of illegal behavior)

Guilt

negligent intent

Direct indirect due to arrogance due to negligence

Legal liability -application of measures of state coercion to the guilty person for the committed offense.

Types of offenses and legal liability

Presumption of innocence -a position where the accused is presumed innocent until proven guilty in court, the accused is not required to prove his innocence.

Section 5. Topic 43. The Constitution of the Russian Federation. Fundamentals of the constitutional system of the Russian Federation.

Constitution (from lat. constitutio - device) - the basic law of the state, which determines its social and state structure, the procedure and principles for the formation of representative bodies of power, the electoral system, the basic rights and obligations of citizens.

Fundamentals of the constitutional system of the Russian Federation:

1. The Russian Federation is a democratic federal legal state with a republican form of government
2. Man, his rights and freedoms are the highest value
3. The carrier of sovereignty and the only source of power in the Russian Federation is its multinational people.
4. The sovereignty of the Russian Federation extends to its entire territory. The Russian Federation ensures the integrity and inviolability of its territory.
5. The Russian Federation consists of republics, territories, regions, cities of federal significance, an autonomous region, autonomous districts - equal subjects of the Russian Federation.
6. Every citizen of the Russian Federation has all the rights and freedoms and bears equal obligations stipulated by the Constitution of the Russian Federation. A citizen of the Russian Federation cannot be deprived of his citizenship or the right to change it.
7. The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person.
8. The Russian Federation guarantees the unity of the economic space, freedom economic activity, private, state, municipal, and other forms of ownership are recognized and protected.
9. Land and other natural resources are used and protected in the Russian Federation as the basis for the life and activities of the peoples living in the respective territory.
10. State power is divided into legislative, executive and judicial. It is performed by the President of the Russian Federation, the Federal Assembly, the Government of the Russian Federation, the Courts of the Russian Federation.
11. The Russian Federation recognizes and guarantees local self-government. Local self-government is independent within its limits. Local self-government bodies are not included in the system of state authorities.
12. The Russian Federation recognizes ideological diversity and a multi-party system.
13. RF is a secular state. No religion can be established as a state or obligatory one. Religious associations are separated from the state and are equal before the law.
14. The Constitution has supreme force, direct effect and is applied throughout the territory of the Russian Federation. Laws must not contradict the Constitution of the Russian Federation. State authorities, officials, citizens must comply with the Constitution of the Russian Federation and laws.

Section 5. Topic 44. Legislative process.

Lawmaking- creation, creation of law, legal norm, knowledge and assessment of the legal needs of society and the state.

Lawmaking- the process of creating a law, starting with the idea of ​​it, which appears in connection with the identification of a legal need and ending with its implementation.

Lawmaking is a process formation rights, and lawmaking is his formulations.

The right of legislative initiative in the Russian Federation belongs to:

1. to the President of the Russian Federation
2. Federation Council
3. Members of the Federation Council
4. Deputies State Duma
5. Government of the Russian Federation
6. Legislative bodies of the constituent entities of the Russian Federation
7. to the Constitutional Court of the Russian Federation
8. Supreme Court of the Russian Federation
9. Supreme Arbitration Court of the Russian Federation

Bills are submitted to the State Duma.

Each bill goes through three readings:

1. The very concept of the future law is discussed in the first reading.
2. At the second stage, the deputies make the necessary amendments.
3. The third is the final reading, here only stylistic changes can be accepted and factual errors eliminated.

The procedure for the adoption of federal laws:

1. Federal laws are passed by majority vote total number deputies of the State Duma
2. Laws adopted by the State Duma are submitted within five days
3. Laws adopted by the State Duma are submitted to the Federation Council for consideration within five days
4. A federal law is considered approved by the Federation Council if more than half of the total number of this chamber voted for it, or if it was not considered by the Federation Council within 14 days
5. If the law is rejected by the Federation Council, the chambers create a conciliation commission to overcome the disagreements that have arisen. After that, the law is subject to re-consideration by the State Duma.
6. If the State Duma does not agree with the decision of the Federation Council, the law is considered adopted in a second vote if at least 2/3 of the total number of deputies of the State Duma voted for it.
7. The adopted federal law is sent to the President of the Russian Federation for signing and promulgation within five days.
8. The President of the Russian Federation within 14 days signs the federal law and promulgates it.
9. If the President rejects the law, overcoming the "veto" is possible with a second vote of 2/3 of the total number of deputies of the Federation Council and the State Duma. Then the President of the Russian Federation must sign and promulgate the law within 7 days.

Section 5. Topic 45. Civil law.

Civil law- this is a branch of law that regulates, on the basis of legal equality of the parties, property, related personal non-property relations and the law of obligations.

Elements of civil relations

subjects:objects:content

- individuals - things (movable and immovable)legal relations:

Legal entities - services - rights and obligations

State - information of participants in legal relations

Municipalities - intangible benefits

Subjects of the Russian Federation

Principles of civil legal relations:

1. Equality of participants in civil law
2. Inviolability of property
3. Freedom of contract
4. Inadmissibility of arbitrary interference in private affairs
5. Ensuring the restoration of violated rights
6. Judicial protection of rights

Types of civil legal relations:

1. Property:

Real

Liabilities (between debtor and creditor)

Servitude - a limited real right (to use someone else's land)

1. Non-property:

in good name

For honor and dignity

The emergence and termination of civil legal relations:

1. Events (hurricane, earthquake, death)
2. Illegal actions:

Tort - causing harm (material, moral)

Condiction - unjust enrichment (double lease)

3. Legal actions:

Transactions: unilateral - testament (see presentation)

Bilateral agreement (see presentation)

Multilateral

The court's decision

Assignment - assignment of rights of claim

Acquisition of property

Acts of state bodies

Ways to protect civil rights:

1. Restoration of the situation before the violation of rights (loan repayment)
2. Damages
3. Fine (forfeit)
4. Loss Compensation
5. Publication of a rebuttal
6. Compensation for moral damage
7. Self defense, necessary defense
8. urgent need
9. Measures of operational impact (transfer to prepayment)

Section 5. Topic 46. Labor law.

labor law is a branch of law that regulates the relationship between an employer and an employee based on an employment contract.

Labor contract- a document that is a voluntary agreement between an employee and an employer, in which the employee undertakes to perform work in a certain specialty, qualifications and obey the internal regulations, and the employer undertakes to pay the worker a salary and provide working conditions.

Labor contract

urgent indefinite

(for a fixed period) (no fixed period)

The Labor Code provides for employment from the age of 16 (from the age of 14 - in their free time from study and with the consent of their parents or guardians).

Documents for employment:

1. Passport (or identification document)
2. Education and qualification document
3. Employment book (started within 7 days after the first employment)
4. Insurance certificate of state pension insurance
5. Military registration documents
6. Additional information (questionnaire, CV, testing)

Probation- the time of testing the employee in order to verify his compliance with the assigned work (up to 3 months, for managers - 6 months).

There is no probationary period for:

1. juvenile
2. pregnant women
3. Persons applying for a job on a competitive basis to fill the relevant position
4. Persons who have graduated from vocational educational institutions and are entering the workforce for the first time
5. Persons invited to work in the order of transfer from another employer

Notice of termination of the employment contract - For two weeks .

Termination of the employment contract:

1. At the initiative of the employee (at his own request)
2. At the initiative of the employer (Article 81 of the Labor Code)
3. Upon expiration of the employment contract
4. Due to circumstances beyond the control of the parties (military service, death)

Working time - the time during which the employee must perform work duties.

Normal duration - no more than 40 hours per week.

Shortened duration:

1. 24 hours a week - for employees under 16
2. 36 hours per week - for employees aged 16 to 18
3. 35 hours a week - for disabled people of I and II groups
4. 36 hours a week - for workers with harmful working conditions

The working day is reduced by 1 hour before the holidays and on the night shift.

Time relax - the time during which the employee is free from the performance of labor duties.

Types of rest time:

1. breaks during the working day
2. daily (between shifts) rest
3. weekend
4. public holidays (see presentation)
5. vacation (28 calendar days)

Section 5. Topic 47. Administrative law.

Administrative law(from Latin “management, leadership”) is a branch of law that regulates public relations in the field of public administration, in connection with the organization and activities of executive authorities, the observance, maintenance and protection of public order.

Subjects of administrative legal relations:

1. citizens from 16 years old
2. executive authorities (higher and lower, non-subordinate)
3. state enterprises
4. local governments
5. non-state economic enterprises
6. public associations, parties, associations, movements

Participants of administrative legal relations are not equal:

Subjects order (executive authorities, officials)

Objects obey (citizens can be subjects at the time of the complaint).

(misdemeanor) is an encroachment on the state and public order, property, rights and freedoms of citizens, on the established procedure for management, an unlawful, guilty act or inaction, for which administrative responsibility is established by law.

Types of administrative offenses:

1. violating the norms of labor protection and health (overalls were not issued)
2. encroaching on state property (unauthorized use of lake water for industrial purposes)
3. in the field of nature protection, historical and cultural monuments (cutting the Christmas tree, the inscription on the monument)
4. on transport (ticketless travel, violation of traffic rules)
5. in the field of trade and finance (body kit of the buyer, sale of alcohol to teenagers)
6. infringing on public order (loud music at night, petty hooliganism)
7. encroaching on the order of administration (disobedience to a policeman)

Administrative penalties:

1. warning
2. fine (from 1/10 to 20 minimum wages for citizens, up to 50 minimum wages for officials, 1000 minimum wages for legal entities)
3. compensatory seizure of the instrument of the offense
4. confiscation of the instrument of the offense (a fisherman's net)
5. deprivation of a special right (driving license)
6. correctional labor (15 days-2 months)
7. administrative arrest - 15 days(not applies to minors, pregnant women, women with children under 12 years of age, disabled people of groups I - II)
8. expulsion of foreigners from the Russian Federation (export)

Section 5. Topic 48. Criminal law.

Criminal law- this is a branch of law that determines the criminality and punishability of acts that are dangerous for a given system of social relations, ensuring law and order.

Principles of criminal law:

1. The principle of legality
2. The principle of equality of citizens before the law
3. The principle of justice
4. The principle of humanism
5. Guilt Principle
6. Subjective-objective accusation (killed, then guilty)

A crime is a guilty, socially dangerous act or inaction, prohibited and punishable by the Criminal Code..

1. Minor severity (up to 2 years in prison)
2. Moderate (up to 5 years in prison)
3. Serious (up to 10 years in prison)
4. Particularly serious (from 10 years to 20 years, for cumulative crimes up to 25 years, for cumulative sentences up to 30 years, or life imprisonment)

Corpus delicti- a set of signs provided by law that characterize the committed act as a specific type of crime.

Signs of a crime:

1. The object of the crime is public relations, norms protected by criminal law
2. The objective side is an external manifestation of criminal activity in the form of an act or inaction
3. The subject of the crime is the one who committed the act or omission
4. The subjective side is the mental attitude of a person to the crime committed (guilt, motive, purpose)

Criminal liability- a type of legal liability, including the initiation of a criminal case, investigation and trial.

Types of crimes:

1. Against the person: murder, harm to health, beatings, torture, kidnapping, slander, rape, involvement of minors in criminal activity and etc.
2. In the economic sphere: theft, robbery, robbery, extortion, fraud, smuggling, fictitious bankruptcy, bribery, etc.
3. Against public safety and public order:
4. Terrorism, riots, hooliganism, vandalism, illegal production of weapons, drugs, their sale, piracy, racketeering, environmental crimes, destruction of cultural monuments
5. Against the government:
6. High treason, espionage, rebellion, sabotage, bribe, negligence, forgery
7. Against the order of government: insulting a representative of authority
8. Against military service: desertion, disobeying an order, insulting a soldier
9. Against peace and security: genocide, ecocide, mercenary

Types of criminal punishment:

1. Fine
2. Deprivation of the right to hold a certain position
3. Deprivation of military or honorary rank, rank, state awards
4. Mandatory work (60-240 hours, not > 4 hours per day)
5. Correctional labor (2 months - 2 years, 20-25% of earnings)
6. Military service restrictions
7. Confiscation of property
8. Restriction of freedom
9. Arrest (1-6 months)
10. Content in the disciplinary battalion
11. Imprisonment for a term (2 months - 20 years, for life)

Section 5. Topic 49. The right to a favorable environment.

environmental lawis a branch of law that regulates environmental relations arising from the interaction of society andenvironment.

Environment

natural environment natural-anthropogenic anthropogenic

Natural environment (natural landscape) : earth, subsoil, soil, atmospheric air, plant and animal world, ozone layer of the atmosphere, near-Earth space.

Natural-anthropogenic object- a natural object modified or created by man (forest plantations, gardens).

anthropogenic object(from Greek anthropos - man + genes - giving birth, born)- an object created by man (buildings, roads, engineering networks).

Norms of environmental law:

1. natural resource
2. environmental

Sources of environmental law:

1. Declaration on Environment and Development(adopted by the UN in Rio de Janeiro in 1992):

“Concern for people is central to efforts to ensure sustainable development. They have the right to a healthy productive life in harmony with nature.”

1. The Constitution of the Russian Federation (Article 42):

Right to a healthy environment

For reliable information about her condition

To compensate for damage caused to health or property by an environmental offense.

1. Federal Law "On Environmental Protection"(art. 3 - the right to a favorable environment and, art. 11 - the right to reliable information about it)
2. Federal Law "On Subsoil"
3. Federal Law "On Environmental Protection"

Favorable environment– the environment in accordance with environmental standards regarding its cleanliness (non-pollution), resource intensity (inexhaustibility), species diversity and aesthetic wealth.

Ways to protect environmental rights:

1. Create public organizations for the protection of nature
2. Handle complaints
3. Participate in rallies
4. File lawsuits in court for damages to the environment and human health.

Environmental responsibility:

1. Civil law (property)
2. Disciplinary (for damage to the property of the employer - Labor Code)
3. Administrative (from officials a fine of 10-15 minimum wages)
4. Criminal (fine 200-500 minimum wage)

Section 5 Topic 50 International law.

International law- this is public law, a set of legal principles and norms governing relations between states.

The UN Charter defined the maingoals of international law:

Maintain peace and security

Develop friendly relations

To cooperate in solving international problems of an economic, social, cultural and humanitarian nature and in promoting and developing respect for human rights and freedoms

Create conditions under which fairness and respect for obligations arising from treaties and other sources of international cooperation can be observed. Rava.

Principles of international law:

1. non-use of force or threat of force
2. peaceful settlement of disputes
3. non-intervention
4. cooperation
5. equality and self-determination of peoples
6. sovereign equality of states
7. fulfillment in good faith of obligations under international law
8. inviolability of borders
9. territorial integrity
10. respect for human rights

Sources of international law:

1. International Bill of Human Rights:

International Covenant on Economic, Social and Cultural Rights. 1966 - - International Covenant on Civil and Political Rights. 1966

Optional Protocol to the International Covenant on Civil and

political rights

Optional Protocol on the Abolition of the Death Penalty

1. Convention on the Rights of the Child 1989
2. European Convention for the Protection of Human Rights and Fundamental Freedoms 1950

Human rights bodies:

1. Human Rights Committee (sessions 6 weeks once a year)
2. Commissions for the protection of women's rights, the rights of the child
3. United Nations High Commissioner for Human Rights
4. United Nations High Commissioner for Refugees
5. European Court of Human Rights
6. Committee of Ministers of the Council of Europe (oversees the implementation of the judgment)
7. Organization for Security and Cooperation

The similarities between international and domestic law are that they:

* represent a set of legal principles and norms - rules of conduct binding on subjects, the implementation of which can be enforced;

* have a similar structure (principles - industries - institutions - norms);

* use almost the same legal constructions and definitions

Glossary. Section 5. Law.

Administrative offense- unlawful, guilty action (inaction) of an individual or legal entity for which administrative liability is established by this Code or the laws of the constituent entities of the Russian Federation on administrative offenses.

Administrative detention- short-term restriction of freedom of an individual.

Administrative responsibility- the application to an individual or legal entity that has committed an administrative offense, measures of administrative punishment.

Administrative coercion- mental, physical, economic impact on the consciousness and behavior of people, used in the field of public administration in order to bring the perpetrators to administrative responsibility, suppress and prevent administrative offenses.

Alimony - funds paid by some persons for the maintenance of others.

Apartheid (in the language of the Boers, apartheid - separation, separation, separation) - an international crime against humanity, a policy of racial segregation, discrimination and oppression pursued by the South African government against the indigenous African and other non-European population until the early 90s. 20th century

Arbitration courts- judiciary to resolve economic, economic disputes between enterprises, organizations, institutions.

Marriage - a voluntary union of a man and a woman for the purpose of creating a family, registered with the state registry offices.

Marriage contract - an agreement between persons who intend to enter into a marriage, or spouses who are already married, which provides for the property rights and obligations of the spouses in marriage and (or) in the event of its dissolution.

Real right - a set of powers in relation to property that ensure the satisfaction of the interests of the authorized person by directly influencing the thing.

Guilt - the mental attitude of a person to his own behavior and its results, which expresses a negative or frivolous attitude to the law, the interests of society and the state, the rights and freedoms of other persons.

Harm to health of moderate severity -harm that is not dangerous to human life and does not entail the consequences provided for grievous harm.

Time relax - the time during which the employee is free from the performance of labor duties and which he can use at his own discretion.

Robbery - open theft of another's property.

Civil capacity- is the ability to exercise property rights by one's actions, to fulfill property obligations

Civil legal capacity is the ability to have civil (property) rights and bear obligations

Civil Liability- the type of legal liability arising for non-performance or improper performance of duties in connection with the violation of the subjective civil rights of another person.

Treaty - this is an agreement of two or more persons on the establishment, change or termination of civil rights and obligations.

Will - a written document that contains the order of the testator.

Law - a normative legal act, which is adopted by a representative (legislative) body of state power in a special manner, has the highest legal force and regulates important social relations.

Legislative initiative- the right to submit draft laws to the bodies of representative power.

Dependents - Disabled family members who are on full content employee or receiving assistance from him, which is for them a permanent and main source of livelihood.

Statement of claim- Appeal to the court for the protection of the violated or contested right.

The perpetrator is the person who directly committed the crime.

plaintiff - a person who applied to the court for the protection of his violated or contested right.

Collective agreement- a legal act regulating labor relations in an organization and concluded by employees and the employer represented by their representatives

The concept of natural law- a set of ideas about the origin and essence of law, which explain the natural essence of law, human rights, which are inalienable.

Constitutional Court of the Russian Federation- a judicial body of constitutional control, independently and independently exercising judicial power through constitutional proceedings.

Confiscation - compulsory and gratuitous seizure of property into the ownership of the state.

Corporate regulations- rules of conduct governing labor, service and other relations that develop within various organizations and associations (enterprises, parties, trade unions, voluntary societies, etc.), which are binding only for members of these organizations (associations).

Indirect intent -a form of guilt in which the person was aware of the social danger

Theft - secret theft of another's property.

Urgent need -infliction of harm to interests protected by criminal law in order to eliminate the danger that directly threatens the personality and rights of this person or other persons, the legally protected interests of society or the state, if this danger could not be eliminated by other means, and at the same time the limits of extreme necessity were not exceeded.

Minor health hazardharm that causes a short-term health disorder or a slight permanent loss of general ability to work.

Frivolity - a form of guilt in which a person foresaw the possibility of an offensive socially dangerous consequences of their actions (inaction), but without sufficient grounds, presumptuously counted on the prevention of these consequences.

Memorandum - a diplomatic document, which details the factual side of an international issue, provides an analysis of certain provisions, provides a rationale for the position of the state.

The motive for the crimedirect internal cause of the criminal act.

Fraud - stealing someone else's property or acquiring the right to someone else's property by deceit or breach of trust.

Inheritance - transfer of property, rights and obligations after the death of a person to other persons.

insanity - a state of a person in which, at the time of committing a crime, she could not realize the actual nature and social danger of her actions (inaction) or manage them due to a chronic mental disorder, temporary mental disorder, dementia or other mental illness.

Necessary defense -lawful protection of the personality and rights of the defender or other persons, the legally protected interests of society or the state from a socially dangerous encroachment by causing harm to the offender.

Regulatory act- a legal document adopted in a special manner by authorized officials or bodies.

Object of the crime- public relations protected by criminal law.

The objective side of the crime- volitional behavior that causes or threatens to cause harm to public relations protected by criminal law.

customs - rules of conduct established in society as a result of repeated and prolonged application.

Organizer - a person who organized a crime or led its commission, or created an organized group or criminal organization, or led them.

defendant - one of the parties to the civil process, a person who is brought to justice in a lawsuit and against whom a case is initiated.

Contractor - an individual or legal entity performing work on the basis of a work contract (an agreement under which one party (contractor) undertakes to perform work on the instructions of the other party (customer), and the latter undertakes to pay for the accepted work).

Bylaw- a normative legal act adopted on the basis of and in pursuance of the law.

Instigator - person who persuaded another person to commit a crime by persuasion, bribery, threat or other means.

accomplice - a person who facilitated the commission of a crime by giving advice, instructions, providing information, means, tools or removing obstacles, who promised in advance to hide the offender, the means or tools of the crime, or objects obtained by criminal means, to acquire or sell them.

Internal labor regulations- local, i.e. operating within a certain organization, a normative act that defines the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties.

Right to a compulsory share- the right of certain persons, regardless of the content of the will, to inherit at least half of the share that would be due to each of them upon inheritance by law.

Ownership- a set of legal norms that establish how you can own, use and dispose of property, as well as provide for the protection of these powers.

Lawmaking- the process of formation of law in the state, carried out according to special rules.

Justice - activities of courts aimed at protecting the rights and legitimate interests of citizens, strengthening law and order.

Housing privatization- transfer on a voluntary basis to the ownership of citizens of residential premises

Presumption of innocence- one of the principles of legal proceedings, according to which the accused is considered innocent until his guilt is proven in the manner prescribed by law

Precedent - the decision of a court or an official in a specific case, which is followed in the future when resolving similar problems.

direct intent - a form of guilt in which a person was aware of the social danger of his actions (inaction), foresaw the possibility or inevitability of the onset of socially dangerous consequences and desired their onset.

robbery - an attack for the purpose of stealing someone else's property, committed with the use of violence dangerous to life or health, or with the threat of using such violence.

Requisition - seizure of property from the owner by state bodies in case of emergency with the payment of its value.

Restitution - return of property.

Sanctions - adverse consequences of a moral, legal, religious and other nature.

Certificate - a document confirming certain rights of its owner or the quality and origin of the goods that meet the necessary requirements.

Corpus delicti- a set of signs established by law, the presence of which characterizes a given socially dangerous act as a specific crime.

Complicity in a crime -intentional joint participation of two or more persons in the commission of an intentional crime.

Subject of the crime- a sane natural person who has reached the age of criminal responsibility.

The subjective side of the crime- the mental attitude of a person to his act and its consequences, manifested in the form of guilt, motives, goals.

Court - a body of state power whose function is the administration of justice.

Judicial system of the Russian Federation- the totality of all courts of the Russian Federation operating on the basis of uniform principles of legal proceedings.

Courts of general jurisdiction- judicial bodies considering civil, criminal, administrative and other cases.

Referee - an official empowered to administer justice within the framework of the law.

Criminal responsibility -a legal relationship that arises from the moment a crime is committed between the offender and the state, within the framework of which the authorized state body restricts the rights and freedoms of the offender and imposes on him the obligation to suffer deprivation of a personal or property nature.

Criminal penalty -a measure of state coercion, appointed by a court sentence to a person found guilty of a crime, which consists in depriving or restricting the rights and freedoms of this person.

Criminal law -branch of law, consisting of legal norms established by the highest bodies of federal state power, determining the criminality and punishability of acts dangerous to public relations.

Commissioner for Human Rights(ombudsman) - an official who protects the rights and freedoms of man and citizen.

Theft - unlawful gratuitous seizure and (or) conversion of someone else's property in favor of the guilty person or other persons, committed for mercenary purposes, causing damage to the owner or other owner of this property.

Ecocide - mass destruction of flora or fauna, poisoning of the atmosphere or water resources, as well as the commission of other actions that can cause an environmental catastrophe.

Entity- an organization that owns separate property and is liable for its obligations with this property, can acquire and exercise property rights on its own behalf, bear obligations, be a plaintiff and defendant in court.

Tests. Section 5 Law

1. Administrative law is a branch of law that regulates relations in the field of

a) business

b) management

c) culture

d) property

2. Violation of the norms of administrative law is

a) a crime

b) wrongdoing

c) immorality

d) tradition

3 . Which of the following offenses are administrative

a) causing grievous bodily harm

b) ticketless travel in public transport

c) crossing the street in the wrong place

d) theft of personal property of citizens

e) failure to comply with the terms of the transaction

e) violation of traffic rules

g) intentional damage to school property

4. Administrative responsibility comes with

a) 14 years old

b) 16 years old

At 18 years old

d) 20 years old

5. Which of the following definitions of branches of law is correct for characterizing administrative law?

a) the branch of law that regulates social relations that develop in the process of the financial activities of the state

b) the branch of law that regulates the labor of workers and employees in enterprises, institutions, organizations

c) the branch of law that regulates relations arising in the process of administrative and executive activities of government bodies

d) a branch of law that regulates on the basis of equality property and personal non-property relations

6. Are the following statements correct?

A. The main purpose of an administrative penalty is to warn a person

from new offences.

B. The main purpose of an administrative penalty is revenge on the offender.

a) only A is correct.

b) only B is true.

c) both statements are correct

d) both statements are wrong

7. Select a special sign of administrative legal relations from the list.

a) legal equality of the parties to the legal relationship

b) vesting the subjects of legal relations with rights and obligations

c) the subjects of legal relations are only legal entities

d) the relations of subjects are based on the principle of "power-submission"

8. Find administrative penalties in the proposed list

a) deprivation of a special right granted to an individual

b) confiscation of the instrument of committing or the subject of the offense

c) imprisonment with serving in a strict regime colony

d) confiscation of property

d) getting fired

f) warning

g) compensation for damages

9. Administrative arrest may not be applied to

a) masters of sports in boxing

b) persons under the age of 18

c) regional leaders

e) women with foreign husbands

10. Administrative arrest is applied for

a) petty bullying

b) malicious hooliganism

c) infliction of grievous bodily harm

d) theft of state property

11. Which of the administrative offenses (offences) provided for

Russian legislation, contrary to the spirit of human rights

a) impolite attitude of the seller to the buyer

b) violation of the rules for the storage and transportation of firearms

c) living without a passport and residence permit

d) shooting in the wrong place

12 . Establish a correspondence between specific situations and the type of legal relationship they illustrate. For each position given in the first column, match the corresponding position from the second column.

LEGAL RELATIONSHIP SITUATIONS

1) Grandmother made a will in favor of her grandson A) civil

2) B orphanage were not respected

Fire safety rules B) administrative

3) The driver violated the rules of the road

4) Naduvanchik LLC did not fulfill its obligation

For building a house

13. Are the following statements correct?

A. Administrative law regulates the property relations of individuals.

B. One of the participants in administrative legal relations is always the state or an official.

a) only A is correct.

b) only B is true.

c) both statements are correct

d) both statements are wrong

15. Establish a correspondence between offenses and the type of legal liability.

OFFENSE LIABILITY

1. Senior student Petya crossed the street

at a red traffic light A) administrative

1. Saleswoman M. was 20 minutes late for work
2. Motorist N. did not pass the inspection

on time B) disciplinary

1. Driver T. came to work

Drunk

16 . What documents refer to the sources of the Labor Law of the Russian Federation?

a) The Criminal Code of the Russian Federation

b) Universal Declaration of Human Rights

c) RF Labor Code+

d) Code of Administrative Offenses of the Russian Federation

e) the Constitution of the Russian Federation

17. A voluntary agreement between an employee and an enterprise specifying working conditions and wages is called

a) workbook

b) an employment contract

c) labor discipline

d) labor productivity

18. The working time of an adult worker in accordance with the Labor Code of the Russian Federation should not exceed

a) 36 hours a week

b) 24 hours a week

c) 40 hours a week

d) 50 hours a week

19. For which categories is a reduced working day established?

a) late workers

b) for workers employed in work with harmful working conditions +

c) for minors

d) for janitors in winter

e) for workers working at night+

f) for doctors and teachers

20. Not allowed to work at night

a) pregnant women

b) women working in rural areas

c) minors

d) women with children under 14

e) women with children under 3 years of age

e) citizens who do not have a residence permit

21. Work related to the elimination of an accident at work or in the event of a natural disaster is called

a) shift work

b) part time

c) overtime work

d) probation

22. Rest time refers to

a) part time

b) lunch break

on weekends

d) holidays

e) sick leave

e) vacation

g) detention in the penitentiary

23. Paid leave according to the Labor Code of the Russian Federation must be at least

a) 24 working days

b) 28 working days

c) 31 working days

d) 30 working days

24. The following benefits are provided for a minor worker:

a) 3 more days are added to each holiday

b) paid leave of at least 31 days

c) holidays are granted in the winter

d) vacation is granted at any time after 6 months of work

25. The Labor Code of the Russian Federation provides for the following penalties for poor performance

a) warning

b) gratitude

c) reprimand

d) awarding the shameful title of "Loafer"

e) dismissal

e) retirement

26 . The capacity recognized by the state to have rights is called

a) legal capacity

b) offense

c) legal capacity

d) tortiousness

27 . The provision according to which the accused (defendant) is considered innocent until his guilt is proven in court is called

a) presumption of innocence

b) legal liability

c) criminal liability

d) social environment

28. A socially dangerous act or inaction, provided for by the Criminal Code, infringing on the state, person, property is called

a) punishment

b) recovery

c) a crime

d) law

29. What is the age of criminal responsibility for the following crimes:

murder, rape, theft, extortion, vehicle theft, false report of an act of terrorism, hooliganism, disabling Vehicle and ways of communication

a) from the age of 14

b) from 16 years old

c) from 18 years old

d) from 20 years old

30 .Group of minors were engaged in thefts from grocery stores. 22-year-old Oleg P. organized and taught them the thieves' case, but he himself did not participate in the thefts, but the court condemned him as

a) perpetrator of the crime

b) the organizer of the crime

c) an accomplice in a crime

d) the instigator of the crime

31 . What kind of legal liability will follow for setting fire to the neighbor's house out of revenge

a) disciplinary

b) administrative

c) civil

d) criminal

32 .The nurse was distracted by a conversation with a colleague and confused the ampoules with the medicine. The medicine administered to the patient led to irreparable consequences for his health. The court found the nurse guilty of a crime committed

a) by negligence

What two divisions make up international humanitarian law? Give them a brief description.

International humanitarian law consists of two sections, referred to as "the law of the Hague" and "the law of Geneva". Historically primary is the “law of The Hague”, or “the law of war”, which establishes the rights and obligations of the belligerents in the conduct of military operations and limits the methods and means of inflicting damage on the enemy in order to avoid excessive suffering, unnecessary, as well as unjustified by military necessity, human casualties and destruction. .

A new stage in the development of international humanitarian law, which was based on the principles and norms of the human dimension, came after the adoption of the UN Charter, which outlawed war ... The same period saw the intensive development of Geneva law, the birth of the regulatory framework of which is usually associated with the Geneva Convention of August 22, 1864 on improving the fate of the wounded and sick in active armies during a land war. This document introduced a new and very important principle of the neutrality of medical personnel into the international law of that time, according to which health care should be provided to all injured participants in hostilities, regardless of which side they fought on. The principle of maintaining a strict balance between the requirements of humanity and military necessity was established ...

AT modern form Geneva law, or humanitarian law proper ... is a system of principles and norms directly aimed at protecting the individual in armed conflicts of an international and internal nature. International humanitarian law provides protection to those who do not take part in hostilities, that is, the civilian population and medical personnel. Under his protection are also persons who have ceased to participate in hostilities, namely: the wounded, shipwrecked, sick and prisoners. Geneva law prohibits attacking persons under its protection, infringing on their physical integrity, subjecting them to insulting and degrading treatment. Rules have been developed on the provision of prisoners of war and persons detained during the conflict necessary nutrition, housing, judicial guarantees.

With the development of international rule-making and the adoption of new instruments in the field of human rights, international humanitarian law is enriched with principles and norms that guarantee the individual the right to enjoy fundamental rights and freedoms during armed conflicts, minimizing the disasters caused by armed actions and protecting the person from arbitrariness and violence ...

For the protection of human rights, it is important to extend the scope of international humanitarian law to non-international armed conflicts that are limited to the territory of one state and take place between armed forces and anti-government armed groups ...

(I.A Ledyakh)

Explanation.

1) the sections are named: “law of the Hague” and “law of Geneva”;

2) their characteristics: "The law of the Hague", or "the law of war", establishes the rights and obligations of the belligerents in the conduct of military operations.

The "Law of Geneva" established the principle of maintaining a strict balance between the demands of humanity and military necessity.

Elements of the answer can be given in a different form that is close in meaning.

Answer: none

Subject area: Law. International law

What is meant in law by means mass media? Using your social experience, give one specific example each of print and electronic media.

Read the text and complete tasks 21-24.

Art. 2. Mass media. Basic concepts

Mass information is understood as printed, audio, audiovisual and other messages and materials intended for an unlimited circle of persons;

mass media means a periodical printed publication, radio, television, video program, newsreel program, other form of periodical distribution of mass information;

a periodical printed publication means a newspaper, magazine, almanac, bulletin, other publication that has a permanent title, current number and is published at least once a year;

a radio, television, video, newsreel program means a set of periodic audio, audiovisual messages and materials (broadcasts) that has a permanent title and is published (broadcast) at least once a year;

mass media production means a print run or part of a print run of an individual issue of a periodical printed publication, a separate release of a radio, television, newsreel program, a run or part of a print run of an audio or video recording of a program;

distribution of mass media products is understood as the sale (subscription, delivery, distribution) of periodic printed publications, audio or video recordings of the program, broadcasting of radio, television programs (broadcasting), demonstration of newsreel programs ...

Art. 3. Inadmissibility of censorship

Censorship of the mass media, that is, the requirement from the editorial office of the mass media by official, state bodies, organizations, institutions or public associations to preliminarily coordinate messages and materials (except when the official is the author or interviewee), as well as imposing a ban on the dissemination of messages and materials, their individual parts - is not allowed.

The creation and financing of organizations, institutions, bodies or positions, whose tasks or functions include the implementation of censorship of the mass media - is not allowed.

From the law

Russian Federation "On the Mass Media"

Explanation.

1) The answer must indicate that the mass media means the form of its distribution, in particular, a periodical print publication, a radio, television, video program, a newsreel program.

2) Media examples:

Examples of print media are the newspapers Izvestia, Komsomolskaya Pravda, etc.

Examples of electronic media are the television programs Vremya, Segodnya, etc.

Indicate two elements of legal consciousness that the author names?

Read the text and complete tasks 21-24.

Structurally, legal consciousness consists of two elements: scientific legal consciousness (legal ideology) and ordinary legal consciousness (legal psychology).

1. Legal ideology is a system of views and ideas that, in a theoretical form, reflect the legal phenomena of public life. The theoretical reflection of legal ideas and views is contained in scientific research on issues of state and law, their essence and role in public life. Since they contain objective conclusions and generalizations, this allows the state and its bodies to effectively use them in law-making and law enforcement activities.

2. Legal psychology is a set of feelings, habits, moods, traditions, which expresses the attitude of various social groups, professional teams, individuals to law, legality, the system of legal institutions functioning in society. Legal psychology characterizes those experiences, feelings, thoughts of people that arise in connection with the publication of legal norms, the state of current legislation and the practical implementation of its requirements. Joy or sadness after the adoption of a new law, a sense of satisfaction or dissatisfaction with the implementation of specific norms, intolerance or indifference to violations of legal regulations - all this belongs to the field of legal psychology.

Legal awareness plays an important role in the improvement and development of the legal life of society.

Firstly, legal awareness is a necessary factor in the creation of legal norms ... Secondly, legal awareness is an important and necessary condition for the accurate and complete implementation of legal norms ...

Legal consciousness is an important factor in the development of legislation, the stability of the rule of law, the reality of the rights and freedoms of citizens. A perfect sense of justice also testifies to the high general and legal culture of the individual, making him a full-fledged participant in various legal relations.

(V.N. Khropanyuk)

Explanation.

The correct answer must contain two elements:

Scientific legal awareness (legal ideology);

Ordinary legal consciousness (legal psychology).

Read the text and complete tasks 21-24.

The complex ties that arise between the state and the individual, and the relationship of people with each other, are fixed by the state in a legal form - in the form of rights, freedoms and obligations that form the legal status of a person and a citizen. The rights and obligations not only fix patterns, standards of behavior that the state considers mandatory, useful, expedient for the normal functioning of the social system, but also reveal the basic principles of the relationship between the state and the individual. The relationship between the state and the individual requires a clear regulation and orderliness. This is due to the special importance of this kind of relationship for maintaining the existing system, for its normal functioning.<...>The legal status consists of subjective, including procedural rights: to appeal to state bodies with complaints and petitions, to protect their rights and freedoms by all means not prohibited by law, to go to court, to interstate protection bodies and others. The state enshrines the rights of the individual not arbitrarily, it legally formalizes the natural rights of a person, as well as a set of rights for the implementation of which socio-political prerequisites have been formed, arising from real social relations.<...>Society and the state are far from being indifferent to how a person realizes the opportunities enshrined in legislation; they are interested in the activity of the individual, which is an important condition for the development of a democratic society.<...>The Constitution of the Russian Federation proclaims that the Russian Federation "recognizes and guarantees the rights and freedoms of man and citizen in accordance with generally recognized norms and norms of international law." This provision of the Constitution gives reason to understand the legal status of a person and citizen of Russia as a single set of domestic and international norms containing the rights and freedoms of citizens.

Explanation.

The response may contain the following arguments:

1. The complex ties that arise between the state and the individual, and the relationship of people with each other, are fixed by the state in a legal form - in the form of rights, freedoms and duties that form the legal status of a person and a citizen.

2. The Constitution of the Russian Federation proclaims that the Russian Federation "recognizes and guarantees the rights and freedoms of man and citizen in accordance with generally recognized norms and norms of international law."

Subject area: Law. Rights and freedoms of man and citizen

Indicate two approaches to understanding the essence of law, described in the text.

Read the text and complete tasks 21-24.

[There is the following understanding of the essence of law]: law is not laws adopted by democratically elected institutions and expressing the sovereign will of the people, but general (abstract) principles of humanism, morality, and justice. But such fuzzy, amorphous ideas about law distance us from the desired legal order and the tasks of strengthening it, because these principles, ideas (“unwritten law”), despite their undeniably high value, still cannot by themselves, without the necessary formalization , to serve as criteria of lawful and unlawful, lawful and unlawful, and, consequently, are not able to ensure stability and organization in society. The normative basis of law disappears, its regulatory role is undermined.

In this case, space opens up for ... arbitrariness, since freedom, democracy, morality are understood by various political subjects, including those in power, in different ways ... And why are laws (normal, humane, created in compliance with all generally accepted procedures) not can express the above ideals? There is also a difficult question about who and how should determine whether this or that law is “legal” or “non-legal”? Where are the criteria? Who are the judges?

Of course, the categories of law and law do not coincide. The law is one of the forms of expression of law ... their identification is unacceptable. But even an excessive opposition of these two concepts does not lead to the achievement of positive goals. This breeds legal nihilism...

N.I. Matuzov

Explanation.

The answer should indicate two approaches to understanding the essence of law:

1) law - these are laws adopted by democratically elected institutions and expressing the sovereign will of the people;

2) law is the general (abstract) principles of humanism, morality, justice.

Subject area: Law. Law in the system of social norms

Read the text and complete tasks 21-24.

Legal culture is a specific social institution that performs the function of shaping people's political and legal consciousness, value-normative attitudes, and indirectly, legal behavior. The structure of legal culture includes the following elements: law as a system of norms expressing the will of the state elevated to law; legal relations as a system of social relations, the participants of which have mutual rights and obligations; legal consciousness as a system of spiritual reflection of the entire legal reality; legal institutions as a system of state bodies and public organizations that ensure legal control, the implementation of law; legal behavior<...>

Legal culture finds its practical embodiment both in legal consciousness and in the legal or illegal behavior of citizens or group public entities. Moreover, behavior that deviates from legal norms is not always the result of a conscious rebellion or innovation in relation to the rules accepted in society, but often becomes the result of poor legal awareness, social naivety and business incompetence.

In his legal behavior, an individual is usually guided by his own interests, orientations and attitudes. A different combination of needs, aspirations and interests underlies the motivation of legal behavior. Scientists distinguish a number of motives of legal behavior. This is an internal conviction in the correctness and fairness of the requirements of legal norms; the presence of an individual's own need to comply with laws; awareness of the social need to comply with laws; conscious obedience to the requirements of the law; awareness of one's own rights; conscious protection of group interests; fear of legal liability; following the tradition; desire for passive obedience to the state and its requirements. Deeds and actions performed with inner conviction in accordance with the norms of law can be considered the highest form of legal behavior.

(V.V.Kasyanov.V.N.Nechipurenko)

Explanation.

The correct answer must contain the following elements:

1) the social function of legal culture: the formation of people's political and legal consciousness, value-normative attitudes, legal behavior;

2) structural elements of legal culture:

Law as a system of norms;

legal relationship;

legal consciousness;

legal institutions;

legal behavior.

Elements of the answer can be given in other formulations that are close in meaning.

Subject area: Law. Law in the system of social norms

Specify three signs of an administrative offense noted in the corresponding article of the Code of Administrative Offenses of the Russian Federation.

Read the text and complete tasks 21-24.

Article 2.1.

1. An unlawful, guilty action (inaction) of an individual or legal entity for which this Code or the laws of the constituent entities of the Russian Federation on administrative offenses establishes administrative responsibility is recognized as an administrative offense.

Article 2.2.

1. An administrative offense is recognized as committed intentionally if the person who committed it was aware of the unlawful nature of his action (inaction), foresaw its harmful consequences and desired the onset of such consequences or knowingly allowed them or treated them indifferently.

2. An administrative offense is recognized as committed through negligence if the person who committed it foresaw the possibility of the occurrence of harmful consequences of his action (inaction), but without residual grounds, presumptuously counted on the prevention of such consequences or did not foresee the possibility of such consequences, although he should have could have foreseen them.

Article 2.3.

1. Subject to administrative liability is a person who has reached the age of sixteen by the time the administrative offense was committed.

2. Taking into account the specific circumstances of the case and data on a person who has committed an administrative offense at the age of sixteen to eighteen years, the commission on juvenile affairs and the protection of their rights may release the said person from administrative responsibility by applying to him a measure of influence provided for by federal legislation on protection of the rights of minors.

Article 2.7.

It is not an administrative offense for a person to cause harm to legally protected interests in a state of emergency, that is, to eliminate the danger that directly threatens the person and the rights of this person or other persons, as well as the legally protected interests of society or the state, if this danger could not be eliminated by other means and if the harm caused is less significant than the harm prevented.

Article 2.8.

An individual who at the time of committing unlawful actions (inaction) was in a state of insanity, that is, could not realize the actual nature and wrongfulness of his actions (inaction) or manage them due to a chronic mental disorder, temporary mental disorder, dementia or other morbid state of mind.

Article 2.9.

If the committed administrative offense is insignificant, the judge, body, official authorized to decide the case on the administrative offense may release the person who committed the administrative offense from administrative liability and confine himself to an oral remark.

(Extract from the Code of Administrative Offenses of the Russian Federation (CAO))

Explanation.

The correct answer must contain the following elements:

indicated signs of an administrative offense:

Illegality of the act (action or inaction);

The culpability of the act;

Administrative liability provided for by the Code.

Subject area: Law. Features of administrative jurisdiction

Read the text and complete tasks 21-24.

The right to carry out entrepreneurial activity must be exercised within the boundaries outlined by regulatory legal acts containing both positive rules of conduct and prohibitions applied in this area. The set of rules, techniques and methods of state regulation of entrepreneurial activity forms the mode of its implementation. They talk about both a general legal regime that applies to all entities (for example, a registration regime), and a special regime that covers either a certain part of business law entities (for example, banks, exchanges), or entities engaged in a certain type of activity ( license mode).

The constitutional right to carry out entrepreneurial activity is secured by guarantees. Among the guarantees, first of all, it is necessary to name the possibility of judicial protection of rights in case of their violation, equal protection of all forms of ownership, the possibility of restricting rights only on the basis of federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other persons, ensuring the defense and security of the state.

The guarantees of the right to carry out entrepreneurial activity include the possibility of free choice: type, scope of activity; territories where activities are carried out; organizational and legal form of carrying out activities.

The organizational and legal form of entrepreneurial activity is understood as a set of property and organizational differences, ways of forming the property base, features of the interaction of owners, founders, participants, their responsibility to each other and counterparties.

The current legislation establishes the following organizational and legal forms of entrepreneurial activity: business partnerships (general and limited), business companies (with limited liability, with additional liability, joint-stock), production cooperatives, state and municipal unitary enterprises. Organizations listed according to the legislation of the Russian Federation are commercial.

In addition to commercial organizations, the current legislation provides for the possibility of creating non-profit organizations. Non-profit organizations can be created in the form of public and religious organizations (associations), non-profit partnerships, institutions, autonomous non-profit organizations, social charitable and other foundations, associations and unions, as well as in other forms provided for by federal laws. In the event that a non-profit organization is granted the right by law or charter to engage in entrepreneurial activities that correspond to the goals for which this organization was created, the profit from such activities is not distributed among its participants, but is directed to the achievement of charter goals.

State regulation of entrepreneurial activity can be direct (directive) and indirect (economic) ... In market conditions of management, priority is given to indirect methods of regulation using various economic levers and incentives.

(I.V. Ershova)

Explanation.

The following elements of the content of normative acts should be indicated:

Positive rules of conduct;

Prohibitions in this area.

Who, in accordance with the Civil Code of the Russian Federation, can be a participant in a general economic partnership? What can be prohibited or limited by law in relation to certain categories of citizens?

Read the text and complete tasks 21-24.

Civil Code of the Russian Federation. extracts

Article 66

1. Business partnerships and companies are corporate commercial organizations with authorized (share) capital divided into shares (contributions) of founders (participants). The property created at the expense of the contributions of founders (participants), as well as produced and acquired by a business partnership or company in the course of its activity, belongs to the business partnership or company by the right of ownership.

<...>

3. Business partnerships may be created in the organizational and legal form of a full partnership or limited partnership (limited partnership).

4. Business companies may be created in the legal form of a joint-stock company or a limited liability company.

5. Participants in general partnerships and general partners in limited partnerships may be individual entrepreneurs and commercial organizations.

Citizens and legal entities, as well as public legal entities, may be participants in economic companies and contributors in limited partnerships.

6. State bodies and local self-government bodies are not entitled to participate on their own behalf in business partnerships and companies.

Institutions may be participants in economic companies and investors in limited partnerships with the permission of the owner of the property of the institution, unless otherwise provided by law.

The law may prohibit or restrict the participation of certain categories of persons in business partnerships and companies.

Business partnerships and companies may be founders (participants) of other business partnerships and companies, except as otherwise provided by law.

Article 66.1. Contributions to the property of a business partnership or company

1. The contribution of a participant in a business partnership or company to its property may be money, things, shares (shares) in the authorized (share) capital of other business partnerships and companies, state and municipal bonds. Such a contribution may also be exclusive, other intellectual rights and rights under license agreements subject to monetary value, unless otherwise provided by law.

<...>

Article 68

1. Business partnerships and companies of one type may be transformed into business partnerships and companies of another type or into production cooperatives by decision of the general meeting of participants in the manner prescribed by this Code and laws on business companies.

Explanation.

Two questions must be answered, for example:

1) Individual entrepreneurs and commercial organizations;

2) The law may prohibit or restrict the participation of certain categories of persons in business partnerships and companies.

Answers can be given in a different wording that is close in meaning.

Subject area: Law. Organizational and legal forms and legal regime of entrepreneurial activity

List any three statutory circumstances that affect the amount of child support ordered by the court in the absence of a child support agreement.

Read the text and complete tasks 21-24.

Extract from the Family Code of the Russian Federation

Article 80

1. Parents are obliged to support their minor children. The procedure and form of providing maintenance to minor children are determined by the parents independently.

Article 81

1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents .

2. The size of these shares may be reduced or increased by the court, taking into account the financial or marital status of the parties and other noteworthy circumstances.

Article 86

1. In the absence of an agreement and in the presence of exceptional circumstances (serious illness, injury to minor children or disabled adult needy children, the need to pay for outside care for them and other circumstances), each of the parents may be involved by the court in bearing additional expenses caused by these circumstances .

The procedure for the participation of parents in bearing additional expenses and the amount of these expenses are determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed sum of money payable monthly.

2. The court has the right to oblige parents to participate both in the additional expenses actually incurred and in the additional expenses that must be made in the future.

Article 87

1. Able-bodied adult children are obliged to support their disabled parents in need of assistance and take care of them.

2. In the absence of an agreement on the payment of alimony, alimony for disabled parents in need of assistance shall be collected from able-bodied adult children in a judicial proceeding.

3. The amount of alimony exacted from each of the children is determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed amount of money payable monthly.

Explanation.

There are three statutory circumstances:

1) the number of children;

2) the financial situation of the parties;

3) marital status of the parties.

What does the author indicate as the most important institution of civil law? What is the definition of property in the text? What does the right of ownership mean in an objective aspect?

Read the text and complete tasks 21-24.

The most important institution of civil law is the right to property. Ownership is both an economic and a legal concept. It can be defined as the relationship between people about the ownership of material goods.

The right of ownership is a set of legal norms that fix and regulate relations regarding the ownership of material goods (objective law). The right of ownership in the subjective sense means the ability of a particular subject to own, use and dispose of his property at his own discretion and in his own interests. The right to own means the opportunity, backed by the right, to have a thing in its economic dominance, the real belonging of a thing to its owner, owner. The right to use implies the ability to extract useful properties from a thing. The authority of the order provides for the ability to determine the "legal fate" of a thing - the right to sell, exchange, donate or lease. The authority to dispose belongs either to the owner himself or to the manager authorized by him.

The law distinguishes between private, state, municipal and other forms of ownership (Article 8 of the Constitution of the Russian Federation; Article 212 of the Civil Code of the Russian Federation). On the right of private ownership, property may belong to citizens or legal entities. Some types of property cannot be privately owned (for example, defense production facilities, state treasury, resources of the continental shelf). On the right of state ownership, property may belong either to the Russian Federation or to subjects of the Russian Federation; on the right of municipal ownership, property belongs to municipalities.

The variety of forms of ownership is not reflected in the content of the right of ownership. In other words, regardless of the form of ownership, the right of ownership always includes a triad of powers: possession, use and disposal of property, which the owner himself exercises at his own discretion or transfers to other persons.

Shared ownership - the ownership of several persons to the same property with the definition of their shares in the right to this property. The share can be expressed in property and value form. The law establishes a rule according to which, in the event of the occurrence of common property, it is usually assumed to be shared. If the property is indivisible, the share of the owner is expressed as a part of the total value.

Joint property - the property of several persons without determining their shares in the same thing. Relations of common joint ownership may take place only in cases provided for by law.

The share of a participant in common joint ownership is not determined in advance, however, it can be established during the division of common property or allocated from its share if the participant leaves the list of persons running a common economy.

(Based on the materials of the Law Dictionary)

Explanation.

The correct answer must contain the following elements.

1. The most important institution of law is indicated, for example:

Ownership.

2. The definition of the concept is given:

Property can be defined as the relationship between people regarding the ownership of material goods.

3. The meaning of property rights in the objective aspect is revealed:

The right of ownership is a set of legal norms that fix and regulate relations regarding the ownership of material goods (objective law).

Elements of the answer can be given in other formulations that are close in meaning.

Subject area: Law. Property and non-property rights

What constitutional right of citizens is referred to in the text? What condition of realization of this right does the author consider?

Read the text and complete tasks 21-24.

The main element of the constitutional right to judicial protection is the right of everyone to freely go to court and participate in the proceedings in person or through a representative.

The implementation of this right begins with ensuring the information accessibility of the court. Everyone should be able to find out how, where and on what issue to apply, where and when their case is being considered, etc. It seems to be something easier. However, the Commissioner for Human Rights continues to receive numerous complaints about the failure to comply with this elementary requirement of the law and common sense. The most serious consequences are the refusal to issue or send copies of court decisions by mail, which does not allow them to be challenged in higher courts ...

The procedure for filing claims and complaints is also burdened by a number of rules that objectively limit access to justice. So, in particular, claims and complaints are accepted only on arbitrarily established “reception days”, or after personal consultation with the judge, or upon presentation and verification of documents not provided for by law, including identity documents.

There is an opinion that by introducing strict and sometimes frankly excessive rules for accepting applications and complaints, the courts deliberately make their work easier. Another, directly opposite opinion is that any procedure is unthinkable without strict rules, and those who really need to file a complaint will follow these rules. For his part, the Ombudsman would like to remind you that restrictions of this kind are possible only in the form of federal laws, in this case the corresponding procedural codes.

An important guarantee of access to justice is the creation of conditions for unhindered visits to court buildings by persons with disabilities. Unfortunately, most state institutions do not have such conditions. And not always due to lack of funds - simply because no one thought about it.

A common way to restrict access to justice is the practice of unlawful refusals to initiate a criminal case.

There are still problems regarding ensuring the openness of court sessions. Particularly serious violations are associated with the announcement of the final court decisions behind closed doors.

(V. P. Lukin)

Explanation.

The correct answer must contain the following elements.

1. The constitutional right is indicated:

The right to judicial protection (the right of everyone to freely go to court and participate in the proceedings in person or through a representative).

2. The implementation condition considered by the author:

Ensuring information accessibility of the court.

Subject area: Law. Rights and freedoms of man and citizen, Law. Law enforcement, judiciary

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Center. Option 1.

Give any two examples of violation of the rights of tourists named by the author. How does he explain the difficulty of determining violations of the terms of the contract between a tourist and a tour operator?

Read the text and complete tasks 21-24.

Violation by the tourist organization of the deadlines for the performance of services, improper meeting at the airport or train station (transfer), accommodation in hotel (hotel) rooms that do not comply with the contract (voucher) or the wrong level of the hotel itself, poor-quality food or service ... With this kind of violation of rights citizens encounter very often. However, due to the difficulty of claiming compensation from the travel company, as well as due to the difficulty of proving a violation of the terms of the contract concluded with the tour operator, claims or at least claims against travel companies in such cases are minimal (with the exception of violations of the conditions of carriage, where the main and indisputable remedy the presence of a corresponding ticket).

Due to the fact that the criteria for the quality of tourism services in the legislation are not clearly fixed, in practice it is often difficult to determine where there is a violation of the quality of the service, and where - the provision of false information.

The need to create a simplified regime for the restoration of violated rights in this area is obvious. Any (“material-visual”) sources, such as, for example, photo and video filming, audio recording, referrals, written documents, etc., can serve as a means of proof. Also, the tourist must provide himself with legal remedies in terms of proving the actual losses incurred by him (expenses ). Such means include properly executed checks, receipts, tickets, bank statements, written agreements, etc. But apart from the instruments of proof themselves, a simpler procedure for considering such disputes is needed, since it is precisely because of the complexity, length and ambiguity of the process the majority of citizens prefer not to apply to the authorized bodies, both judicial and extrajudicial, for the restoration of their rights. And although certain steps are being taken in this direction by the state, they are clearly insufficient, and besides, they are ineffective in the part that was outlined above.

(V. N. Vasetsky)

Explanation.

The correct answer may include:

1) Violations of the rights of tourists:

Violation by the tourist organization of the terms for the performance of services;

Improper meeting at the airport or train station (transfer);

Accommodation in hotel (hotel) rooms that do not correspond to the contract (voucher) or not at the same level of the hotel itself;

Poor quality food or service.

2) The author relates the difficulty of determining violations:

Due to the fact that the criteria for the quality of tourism services in the legislation are not clearly fixed, in practice it is often difficult to determine where there is a violation of the quality of the service, and where - the provision of false information.

Subject area: Law. Property and non-property rights, Law. Disputes and the procedure for their consideration

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Center. Option 3.

Read the text and complete tasks 21-24.

Legal consciousness is the attitude of people to law ...

The key point of legal consciousness is people's awareness of the values ​​of law and at the same time ideas about the current positive law, about how it meets the requirements of reason and justice, legal values ​​and ideals.

Legal consciousness differs scientific, professional, everyday, as well as mass, group, individual. These varieties of legal consciousness influence differently - but they all influence! - on the perfection of legislation, the effectiveness of the work of the court, all law enforcement agencies, on how much the citizens of the country are law-abiding, voluntarily, strictly, accurately comply with the norms of positive law, what legal requirements they put forward.

Among the types and forms of legal consciousness, it is precisely the legal ideology that stands out - the active part of legal consciousness that directly affects legislation, legal practice and therefore is part of the national legal system of the country ...

In connection with legal consciousness and legal ideology - briefly about legal culture. Legal culture is the general state of "legal affairs" in society, i.e. the state of legislation, the position and work of the court, all law enforcement agencies, the legal consciousness of the entire population of the country, expressing the level of development of law and legal consciousness, their place in society, the assimilation of legal values, their implementation in practice, the implementation of the rule of law. One of the indicators of legal culture is the legal education of each person, i.e. a proper, high level of legal awareness, manifested not only in law-abiding, but also in legal activity, in the full and effective use of legal means in practice, in the desire to establish legal principles as the highest values ​​of civilization in any business. Legal culture is a broader and more capacious phenomenon than just an appropriate level of legal awareness; the main thing in legal culture is the high development of the entire legal system, the worthy place of law in the life of society, the exercise of its supremacy and the corresponding state of affairs in the entire “legal economy” of the country (training and status of legal personnel, the role of legal services in all departments of the state system, the situation advocacy, the development of scientific institutions on legal issues, the level of legal education, etc.).

(S. S. Alekseev)

Explanation.

1) Definition of legal culture:

Legal culture is the general state of "legal affairs" in society, i.e. the state of legislation, the position and work of the court, all law enforcement agencies, the legal consciousness of the entire population of the country, expressing the level of development of law and legal consciousness, their place in society, the assimilation of legal values, their implementation in practice, the implementation of the rule of law.

2) Four manifestations of legal education indicated in the text:

Proper, high level of legal awareness;

Manifested not only in law-abiding, but also in legal activity;

In the full and effective use of legal means in practice;

In an effort to establish legal principles in any business as the highest values ​​of civilization.

Subject area: Law. Law in the system of social norms

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Far East. Option 1.

Using the text, what is the main legal purpose of entering into a prenuptial agreement? What three regimes of property of spouses can be established by a marriage contract? Specify them.

Read the text and complete tasks 21-24.

The main legal purpose of the marriage contract is to determine the legal regime of the property of the spouses and their other property relationships for the future ...

The marriage contract must be concluded in writing and notarized. Failure to comply with the form required by law entails the invalidity of the marriage contract ...

The main element of the content of the marriage contract is the establishment of the legal regime of matrimonial property. Such a regime, determined by the marriage contract, is called the contractual regime of matrimonial property. When creating a contractual regime, spouses are given very broad rights. They have the right to change the regime of joint ownership established by law, to establish a regime of joint, shared or separate ownership of all the property of the spouses, of its separate types or of the property of each of the spouses. For example, the contract can provide that all transactions over a certain amount will be made by each of the spouses only with the written consent of the other. It is possible to exclude certain types of property from the community, for example, pensions or benefits, items of professional activity, additional income, jewelry, items used for hobbies ...

Separate mode in the general view provides that the property acquired during marriage by each of the spouses shall belong to that spouse.

Spouses have the right to determine in the marriage contract their rights and obligations for mutual maintenance, ways of participating in each other's income, the procedure for each of them to bear family expenses; determine the property that will be transferred to each of the spouses in the event of divorce, as well as include in the marriage contract any other provisions relating to the property relations of the spouses.

A marriage contract cannot restrict the legal capacity or legal capacity of the spouses, their right to apply to the court for the protection of their rights. A marriage contract cannot regulate the personal non-property relations of spouses; between spouses, the rights and obligations of spouses in relation to children. This is due to the fact that only those rights and obligations can be included in the marriage contract, which, in case of non-performance, can be enforced. Duties that are purely personal in nature cannot be enforced.

A marriage contract cannot also contain conditions aimed at restricting the right of a disabled needy spouse to receive alimony. With regard to the marriage contract, there is one more specific restriction: the marriage contract should not put one of the spouses in an extremely unfavorable position.

(according to M. V. Antokolskaya))

Explanation.

The correct answer must include the following items:

1) Legal purpose of the conclusion of the contract:

Determination of the legal regime of the property of the spouses and their other property relations for the future.

2) Ownership modes:

Joint;

Equity;

Separated.

Subject area: Law. Legal regulation of relations between spouses, the procedure and conditions for the conclusion and dissolution of marriage

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Ural. Option 1.

What role do law and morality play in the life of an individual? Using the content of the text, give three positions.

Read the text and complete tasks 21-24.

Law and morality as social regulators invariably deal with the problems of the free will of the individual and his responsibility for his actions. Law and morality, as the most important elements of a person's value orientation, could neither arise nor exist if a person were not endowed with free will. They are addressed to the mind and will of a person, helping him to adapt to the complex and changing world of social relations.

Law and morality are always addressed to the free will of the individual. At the same time, they act as a "measure" of this freedom, defining the boundaries of the free behavior of the individual. But this community already contains properties that determine the specifics of law and morality. Law acts as a formal concrete historically conditioned measure of freedom.<...>

Law, by virtue of its nature, outlines the freedom of external actions of a person, remaining neutral in relation to the internal motives of his behavior. Another thing is morality, which not only defines the boundaries of external freedom, but also requires internal self-determination of the individual. In this sense, morality is an informal determinant of freedom.

The difference in the nature of freedom in the legal and moral spheres determines the differences in the nature of legal and moral responsibility. Differences in legal and moral responsibility lie in the nature of motivation; in the difference between legal and moral sanctions and evaluation categories underlying them; in the difference between the subjects applying these sanctions.<.. .="">

In making a distinction between legal and moral sanctions, one should take into account the specific historical conditions in which these social regulators operate. The greater rigidity of legal sanctions compared to moral ones is not a universal difference that has existed in all eras and in all societies. The degree of severity of moral sanctions, as well as legal ones, was different in different periods among different peoples; in addition, moral prohibitions often became legal, and legal - moral.

It is impossible to consider as an absolute and such a sign of the difference between legal sanctions from moral ones, as their formal certainty. Ethnographers' research shows that often moral prohibitions had a fixed scale of sanctions.

The specificity of legal sanctions lies not in their rigidity and formal certainty, but in the methods of ensuring that are inextricably linked with the state, which has a special set of tools and institutions capable of forcing compliance with legal norms.

(E. A. Lukasheva)

Explanation.

The correct answer may include the following items:

1) They are addressed to the mind and will of a person, helping him to adapt to the complex and changing world of social relations.

2) At the same time, they act as a "measure" of this freedom, defining the boundaries of the free behavior of the individual.

3) Law, by virtue of its nature, outlines the freedom of external actions of a person,

4) morality, which not only defines the boundaries of external freedom, but also requires internal self-determination of the individual.

Subject area: Law. Law in the system of social norms

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Ural. Option 2.

Indicate two elements of the analysis of legal culture that the author provides.

Read the text and complete tasks 21-24.

Now the question of strengthening the high culture of every citizen is especially urgent. It is a high culture of actions and deeds, feelings and motives that should be the main result of the development of the personality of a citizen of our society.

A person with an insufficiently developed legal culture, as a rule, pays attention only to the most egregious cases of violation of the law, such as crimes, while other numerous cases of ignoring the law remain unnoticed by him. Legal consciousness gives an idea of ​​the spiritual values ​​of the individual and society from the subjective side. To understand the mechanism of legal influence on social relations, it is necessary to master such a category as legal culture. This category is used to characterize the legal system of a country. When analyzing the legal culture of a society, they study legal phenomena, describe and give explanations of values, ideals and achievements in the legal sphere, which reflect the scope of human rights and freedoms and the degree of its protection in a given society.

Legal culture is formed gradually. First, the foundation is laid. Under the influence of the environment, ideas about simple but necessary rules for the relationship between people appear. Along with this, the population acquires legal knowledge and skills - the basis of legal awareness. This includes specific legal norms (criminal, administrative, family, etc. law), the provisions of legal theory and the facts of the history of law. This level of development of legal consciousness determines how legally informed the population, its social, age, professional and other groups, how deeply they mastered such legal phenomena as the value of human rights and freedoms, the value of the legal procedure in resolving disputes, finding compromises, etc. But in order to form a legal culture, knowledge alone is not enough. Such an everyday level is limited by the everyday framework of people's lives when they come into contact with legal phenomena. It is impossible to think, relying only on knowledge and skills. Legal culture involves an assessment of all aspects of legal practice. Faced with the phenomena of the environment, a person must determine not only the moral, but also the legal content (in accordance with the law or illegally), be able to evaluate them from a legal point of view.

(according to A.F. Nikitin)

Explanation.

1) the study of legal phenomena;

2) description and explanation of values, ideals and achievements in the legal field.

Elements can be given in other formulations that are close in meaning.

What definition of legal consciousness is given by the author? What does the author consider the main feature of legal consciousness?

Read the text and complete tasks 21-24.

Legal ideology, covered by the concept of "legal system", is an active part of legal consciousness. Legal consciousness is the attitude of people to law. Positive law as a criterion for the legitimacy of behavior always operates in a certain environment - economic, political, moral. The subjective-psychic environment, which expresses people's attitude to law (acting, supposed and desired), is of essential importance here. Such attitudes of people to law constitute legal consciousness.

The key point of legal consciousness is people's awareness of the values ​​of law and, at the same time, ideas about the current positive law, about how it corresponds to the requirements of reason and justice, legal values ​​and ideals.

Legal consciousness differs scientific, professional, everyday, as well as mass, group, individual. These varieties of legal consciousness influence in different ways - but they all influence! - on the perfection of legislation, the efficiency of the work of the court, all law enforcement agencies, on how much the citizens of the country are law-abiding, voluntarily, strictly, accurately comply with the norms of positive law, what legal requirements they put forward.

Legal culture is the general state of “legal affairs” in society, i.e. the state of legislation, the position and work of the court, all law enforcement agencies, the legal consciousness of the entire population of the country, expressing the level of development of law and legal consciousness, their place in society, the assimilation of legal values , their implementation in practice, the implementation of the requirements of the rule of law.

One of the indicators of legal culture is the legal education of each person, i.e. an appropriate, high level of legal awareness, manifested not only in law-abiding, but also in legal activity, in the full and effective use of legal means in practice, in an effort to approve in any case legal principles as the highest values ​​of civilization.

“Legal culture” is a broader and more capacious phenomenon than just an appropriate level of legal consciousness; the main thing in legal culture is the high development of the entire legal system, the worthy place of law in the life of society, the exercise of its supremacy and the corresponding state of affairs in the entire "legal economy" of the country (training and status of legal personnel, the role of legal services in all departments of the state system, the situation advocacy, the development of scientific institutions on legal issues, the level of legal education, etc.).

(S. S. Alekseev)

Explanation.

A correct answer must contain the following elements:

1) the answer to the first question:

2) answer to the second question:

The author considers the main feature of legal consciousness to be people's awareness of the values ​​of law and the idea of ​​how effective positive law corresponds to the requirements of reason and justice, legal values ​​and ideals.

Response elements can be presented both in the form of a quotation and in the form of a concise reproduction of the main ideas of the relevant text fragments.

What are the three elements of regulation of social relations the author considers the basis of the rule of law? What, according to the author, does the content of the rule of law consist of?

Read the text and complete tasks 21-24.

The rule of law is a system of social relations, which is established as a result of the exact and complete implementation of the prescriptions of legal norms by all subjects of law. The rule of law is the real basis of the modern civilized life of society.

All elements of the mechanism are involved in the formation of the legal order legal regulation public relations. Their causal relationship is the basis of the legal life of society, which ultimately leads to the establishment of a legal order.

The rule of law is a normative prerequisite for the rule of law, the primary link in the mechanism of legal regulation, modeling the "ideal" law and order.

Legal relations are an element of the mechanism of legal regulation that ensures the transition from the ideal legal order envisaged by the legislator to the establishment of specific possible or proper behavior of participants in public relations provided for by legal norms. At this stage, legal regulation is connected to the mechanism of legal regulation, designed to guarantee the possible and proper behavior of the subjects of legal relations.

Acts of realization of legal rights and obligations are the final precondition of the rule of law. Under the conditions of the regime of legality, the rights and obligations of the participants in legal relations are actually embodied in their behavior, achieve their goal and, thus, pass into such a system of social relations, which forms the legal order.

The structure of the rule of law is the unity and simultaneous division of the system of social relations regulated by law in accordance with the peculiarities of their sectoral content.

The rule of law is a realized system of law. It includes constitutional, administrative, financial, land, family and other types of public relations regulated by the norms of the relevant branches of law. Structurally, the legal order reflects the implemented elements of the system of law. In this regard, in the structure of the rule of law, not only sectoral, but also more fractional groups of relations are distinguished, which are regulated by sub-sectors and institutions of law.

The peculiarity of the rule of law as a specific system of social relations is expressed in the fact that it is formed only on the basis of legal norms and, therefore, is protected by the state. Therefore, the rule of law does not cover all the relations that take place in society. A certain part of public life does not need legal regulation. It is within the scope of moral norms, norms of various public organizations and other non-legal normative regulators. In this sense, the rule of law is only an element of the general system of social relations that develops under the influence of normative regulation.

Explanation.

The correct answer must include the following items:

1) Three elements of regulation of public relations are named:

Rules of law;

legal relationship;

Acts of implementation of legal rights and obligations.

2) Answer to the second question:

Source: USE 06/08/2016 in social science. main wave. Option 76. (Part C)

Read the text and complete tasks 21-24.

If law itself is a socio-regulatory system, then it regulates, first of all and mainly, human behavior, how he acts, how he should act. That is why the theory of law traditionally addresses, first of all, the characterization of behavior, developing criteria that would make it possible to evaluate specific behavior. After all, it is behavior that is the result, the result of the realization of the right, and only these assessments can answer the question - whether the behavior complies with legal requirements or, on the contrary, deviates from these requirements, whether it is lawful or illegal ... Thus, the legal interest in behavior is also one of the important directions in the knowledge of law as an integral social institution. At the same time, the theory of law singles out and formulates only that which organically connects behavior with legal influence, with the regulatory nature of law.

In this case, the problem of behavioral motives turns out to be in the first place: whether legal requirements are involved in the formation of these motives, or whether their nature knows other, perhaps deeper layers, causes. Of course, this field of knowledge is not only the theory of law. Here it thoroughly intersects with other sciences, and above all with psychology. The theory of law in this area largely uses modern developments of psychology, especially social psychology.

The modern scientific level of knowledge consistently connects the motives of behavior with interests, defining the latter as objective or subjective needs of the life of subjects of law. There are personal, public, state, national and other interests.

For individuals, interest always forms certain personal attitudes, predispositions, clichés, value orientations, goals, ways to achieve them, and other conscious and emotional aspects of behavior that are especially important to know and take into account in law enforcement.

These attitudes can form various stereotypes of personality behavior. For example, pragmatic ones, when all the behavior of the subject of law is evaluated, “passed through” through the prism of profitability or harmfulness “for oneself”. One of psychological forms such behavior is egoism and its extreme manifestations in the form of egocentrism. At the same time, selfishness can form the motives of entrepreneurship, efficiency, careerism (and not only careerism), which in general does not deserve a negative assessment.

In turn, other attitudes can form motives that determine behavior that is useful for the “neighbor”, for society, the so-called altruistic motives. Altruism, like egoism, has different levels and forms of manifestation and is also ultimately determined by conscious or "feeling" interests. One of the ancient altruistic forms is the setting for self-sacrifice to help those who need it in the name of social ideals and goals.

On the one hand, the rule of law is a product of the subjective, conscious-volitional activity of law-making bodies. On the other hand, the rules of law become a natural element of the system of law only. In the case of an objective reflection of the needs of social life, determining the maximum measure of freedom and justice in social relations. Therefore, the norms of law objectively, regardless of the will of the law-making body, are combined into relatively independent groups of norms that regulate these relations. The law-making body cannot, at its own discretion, arbitrarily attribute the rule of law issued by it to one or another branch of law. If a norm is issued to regulate a certain type of social relations, then it is objectively included in the branch of law that regulates these relations.

The legal system is based on a different principle. In its formation, a significant place is occupied by the subjective factor, due to the need for legal practice, the need to take into account the changing forms of human communication...

The system of legislation is a set of sources of law, which are a form of expression of legal norms. Therefore, the law does not exist outside the law. They are related as form and content. It is in legislation (sources of law) that legal norms and their various structural formations receive their real expression, external manifestation. In this sense, the system of law and the system of legislation as a whole coincide.

However, they differ in structural elements and in their content. As noted above, the primary element of the system is the rule of law, which consists of a hypothesis, a disposition, and a sanction. The primary element of the system of legislation is an article of a normative legal act, which does not always contain all three structural elements of a legal norm ... Moreover, the same normative act may contain norms of various branches of law, which are provided with sanctions contained in other normative acts...

The diversity and interrelationship of social relations that arise in various spheres of public life, the need for their effective organization determine the creation in the system of legislation of such structural elements that do not coincide with the system of law. Therefore, branches of law do not always correspond to branches of legislation.

(V.N. Khropanyuk)

Explanation.

The correct answer may contain the following confirmations:

1) the system of law is formed on the basis of the general laws of public life / is not built on

arbitrary discretion of people, but on the basis of objective reality;

2) the rules of law become a natural element of the system of law only in the case of an objective reflection of the needs of public life;

3) the norms of law objectively, regardless of the will of the law-making body, are combined into relatively independent groups of norms.

Classification of legal facts is made on several grounds. Including the nature of the legal consequences, on the basis of will.

According to the nature of the consequences, legal facts are divided into law-forming; law-changing; terminating.

Here it must be borne in mind that the same fact (for example, the purchase and sale of a thing) at the same time in different legal relations can have different consequences. For the seller - the value of the right-terminating fact, for the buyer - the right-forming. Complicated, branched is the division of legal facts on the basis of will. Here, legal facts are primarily divided into events (the legal consequences generated by them do not depend on the will of people - - the birth of a person, a natural elemental phenomenon); actions (the legal consequences generated by them depend on the will of people - contracts, offenses, etc.).

Actions, in turn, are divided into legal and illegal. Moreover, both those and others have subsequent branches, varieties. It is important, for example, to see the features of such a variety of lawful actions as legal acts, i.e. lawful actions aimed at certain legal consequences, such as a contract.

When distinguishing between types of legal facts, the terms “misconduct” and “deeds” should not be confused. Misdemeanors are illegal actions (offences), their most dangerous variety is crimes. Actions, on the contrary, are a variety of lawful actions, which, however, unlike legal acts, may not be directed to certain legal consequences, but they lead to such consequences directly by virtue of the rules of law. For example, the discovery of a treasure: whether or not the citizen who found the treasure wanted to receive a reward, the right to it arises directly by virtue of the law.

(S.S. Alekseev)

Explanation.

The correct answer must contain the following elements:

1) the answer to the first question:

A legal fact is a specific life circumstance with which the rule of law connects the emergence, change or termination of legal relations;

Moreover, only the totality of these elements allows us to speak about the presence or absence of a specific offense.

An offense is not so much a legal as a social phenomenon, since the common object of all offenses is social entities, primarily the rule of law. The rule of law as the most common object of an offense characterizes the legal state of social relations, represents the total result, the result of compliance, execution, use and application of legal norms in society. It is clear that any offense to one degree or another weakens the rule of law, knocks out one or another basis from under it, destroys one or another link.

Therefore, any offense causes damage, harms the sustainability, stability of society, personal and public interests, and ultimately the rule of law.

In addition to this general object of the offense, the theory of law singles out the specific object of each offense. It can be the rights and freedoms of a person, his life and health, property and security. These can be property and financial interests of a legal entity, environmental interests, it can also be the sphere of government - the foundations of the constitutional system, the form of government, the political regime, the military sphere, etc. It is important to emphasize that the object of the offense is always personal and public the good that is protected is secured by law. It is the formal moment - the illegality of this or that action (inaction) - that first of all characterizes the offense.

The behavior of the subject of law constitutes the objective side of the offense, that is, those external actions that can be observed, established, evaluated. This objective side, in turn, represents the unity of three elements: illegal behavior, harm and causation between action (inaction) and harm done ...

The subject of the offense is a capable subject of law: a sane person who has reached a certain age, a citizen of the state or a foreigner who does not have diplomatic immunity or a stateless person.

Age matters. The subject of a crime can only be a person who has reached the age of 16, and for some crimes - 14 years...

Finally, the subjective side. It is characterized by guilt - the mental attitude of the subject to his action (inaction), to its results. Free will, which determines the subject's choice of certain options for behavior, is also manifested in the mental attitude of this subject to his behavior, its results.

Read the text and complete tasks 21-24.

The Constitution combined two basic priorities - the highest status of the rights and freedoms of citizens and a strong state - emphasizing their mutual obligation to respect and protect each other. I am convinced that the constitutional framework must be stable, and above all, this applies to the second chapter of the Constitution, which defines the rights and freedoms of man and citizen. These provisions of the Basic Law are inviolable.

At the same time, life does not stand still, and the constitutional process cannot be regarded as finally completed, dead. Point corrections of other chapters of the Basic Law, coming from law enforcement practice, from life itself, of course, are possible, and sometimes necessary. So, you know, it is proposed to amend the Constitution, on the basis of which the Supreme Court and the Supreme Arbitration Court are merged. Today, in the interpretation of many laws, these courts often differ, sometimes quite significantly, different solutions on similar cases, and even on the same ones. As a result, there is legal uncertainty, and sometimes injustice, which affects people. I believe that the association of courts will send judicial practice in a single direction, which means it will strengthen guarantees for the implementation of the most important constitutional principle - the equality of all before the law.

We must support civic activity on the ground, in municipalities, so that people have a real opportunity to take part in the management of their village or city, in solving everyday issues that actually determine the quality of life. Today, the system of local self-government has accumulated a lot of problems. The scope of responsibility and resources of municipalities, unfortunately, as you well know, are not balanced. Hence, there is often a confusion with powers. They are not only blurred, but are constantly being thrown from one level of power to another: from district to region, from settlement to district and back...

I repeat, I consider the most important task... the development of a strong, independent, financially sound local government.

(V. V. Putin)

Explanation.

The correct answer must contain the following elements:

Read the text and complete tasks 21-24.

The classification of branches of Russian law is based on the subject and method of legal regulation.

Environmental law is an independent branch of law, which has its own subject and method.

The subject of environmental law is formed by a specific group of relations that develop in the process of interaction between society and nature (environmental relations). Since this interaction manifests itself in two main forms, we can say that the subject of environmental law is public relations regarding the rational use of natural resources and environmental protection.

The method of legal regulation is a set of methods and means of legal influence on social relations. As you know, legal regulation is carried out using two main methods - administrative-legal (mandatory), which involves relations of power and subordination between subjects, the establishment of mandatory prescriptions and prohibitions, as well as civil law (dispositive), based on the equality of participants in legal relations and freedom their will. Features of the method of the branch of law are due to the nature of regulated relations, the originality of its subject.

Environmental law combines both of these methods. Taking into account the importance of the environmental interests of the society, on behalf of which the state acts, the legal regulation of environmental relations is carried out mainly using the administrative-legal method: the competent state bodies adopt regulations that provide for environmental rules that are mandatory for all participants in relations in the field of nature management and protection the natural environment.

according to the materials of the Internet encyclopedia

Explanation.

A correct answer must contain the following elements:

1) definition:

The method of legal regulation is a set of methods and means of legal influence on social relations;

2) Features:

Features of the method of the branch of law are due to the nature of regulated relations, the originality of its subject.

Read the text and complete tasks 21-24.

Public law is such a legal sphere, which is based on state interests, "state affairs", i.e. the very structure and activities of the state as a public authority, regulation of the activities of the state apparatus, officials, public service, criminal prosecution of offenders, criminal and administrative liability, etc. - in a word, institutions built in a “vertical” plane, on the basis of power and subordination, on the principles of subordination, subordination. Accordingly, “public law” has one - and only one - national legal “center”, is characterized by imperative prescriptions and prohibitions addressed to subordinates, subject persons; Permissions that are imperative in nature are the prerogative of the ruling subjects.

That is why public law is characterized by a specific legal order - generally speaking, the order of "power - subordination", according to which persons in power have the right to unilaterally and directly, in principle, without any additional decisions of other instances, determine the behavior of other persons ( subordinates, subjects), and in accordance with this, the entire system of power-coercive institutions is obliged by force of coercion to ensure the complete and precise implementation of orders and commands of power, and “all other” persons must unconditionally obey them. All other principles of public law follow from this: the difference, the heterogeneity of the legal status of persons, the hierarchy of the position and the different scope of powers of the ruling persons, the presence of their own, “departmental” jurisdiction, the lack of focus on decision contentious issues independent court. As democracy develops, these principles are enriched with institutions of a high democratic order (guarantees for citizens, democratic procedures, etc.), but this does not change the very essence, the very nature of public law principles.

Private law expresses the beginning of decentralization, the freedom of individual subjects. Here, the possibility of solving a particular life situation is not only pre-programmed in legal norms to some extent, but is also provided to the participants in the relationship themselves, who determine the solution of the situation themselves, autonomously, by their own will and in their own interests (mainly through contracts). I. Kant wrote that private law is such a right, according to which duty and coercion are based not directly on the law, but on justice and on the freedom of a person to be his own master.

Therefore, in private law, in contrast to public law, “horizontal” relations dominate, based on the legal equality of subjects, coordination of their will and interests. The predominant position in it is occupied by legal permissions. And legal norms in many cases are dispositive in nature, i.e. act on the principle “unless otherwise provided by the contract” - they act only when the parties have not agreed on this issue among themselves.

(S. S. Alekseev)

Explanation.

A correct answer must contain the following elements:

1) the answer to the first question, for example:

Private law, unlike public law, is dominated by "horizontal" relations based on the legal equality of subjects, coordination of their will and interests;

2) the answer to the second question, for example:

Public law is characterized by imperative prescriptions and prohibitions addressed to subordinate, subject persons; permissions that are imperative in nature are the prerogative of ruling subjects, and the legal norms of private law in many cases are of a dispositive nature. They act on the principle “unless otherwise provided by the agreement”, they act only when the parties have not agreed on this issue among themselves.

(An indication only of the peculiarity of the norms of public / private law, without indicating an explanation, does not count.)

Response elements can be presented both in the form of a quotation and in the form of a concise reproduction of the main ideas of the relevant text fragments.

What is the principle of international law?

1) legal equality of participants

2) freedom of contract

3) sovereign equality of states

4) presumption of innocence

Explanation.

International law is based on the principle of the sovereign equality of states.

Answer: 3

International ___ (A) is a system of principles and norms that regulate the relations of power order between ____ (B) and other subjects of international communication. The relations regulated by the norms of international law include relations between states, between states and international intergovernmental _____ (B), between states and state-like entities, between international intergovernmental organizations. These relations constitute ____(G) of international law. ____ (E) of international law are generally binding rules for the activities and relationships of _____ (E) of international law or other entities.

repeated.

List of terms:

Explanation.

Based on the context, the sequence 186374 is the only correct answer. Indirect clues are the gender, number and case of words.

Answer: 186374.

Answer: 186374

Subject area: Law. International law

Read the text below with a number of words missing. Choose from the proposed list of words that you want to insert in place of the gaps.

International ___ (A) is a system of principles and norms that regulate the relations of power order between ____ (B) and other subjects of international communication. Relations regulated by the norms of international law include relations between states, between states and international intergovernmental _____ (B), between states and state-like entities, between international intergovernmental

organizations. These relations constitute ____(G) of international law. ____ (E) of international law are generally binding rules for the activities and relationships of _____ (E) of international law or other entities.

The norms of international law have the same features as domestic norms. The norm establishes a generally binding rule of conduct for all subjects of relations, and its application is

repeated.

The words in the list are given in the nominative case. Each word (phrase) can only be used once. Choose sequentially one word after another, mentally filling in each gap. Pay attention

that there are more words in the list than you need to fill in the gaps.

List of terms:

Explanation.

Based on the context, the sequence 1, 8, 6, 3, 7, 4 is the only correct answer. Indirect clues are the gender, number and case of words.

Answer: 186374.

How did the author assess the role of the state in ensuring human rights and freedoms? The author writes that legal procedures, within which human rights and freedoms are regulated and protected (guaranteed), as a rule, are contained in constitutions. Drawing on knowledge of the social science course, cite any two such constitutional guarantees in the Russian Federation that are not mentioned in the text.

(V.V. Lazarev)

Explanation.

1) the answer to the question, for example:

The state is, as it were, a resultant force that reconciles the selfish interests of individual members of society, the contradictions of the private, individual and general, while using legal means / it is not just important, but perhaps the most important and most significant force;

(The answer to the question can be presented both in the form of a full / incomplete quotation, and in the form of a concise statement of the main ideas of the corresponding fragment of the text.)

2) two procedures under the Constitution of the Russian Federation. for example:

The right to receive qualified legal assistance (in cases provided for by law, legal assistance is provided free of charge);

The right to appeal in court decisions and actions (or inaction) of public authorities, local governments, public associations and officials;

A person accused of committing a crime has the right to have his case considered by a jury in cases stipulated by federal law.

(Other procedures may be specified.)

The author mentioned the power structures specially created for the protection of human rights and freedoms. Using social science knowledge and facts of public life, indicate any three similar structures in the Russian Federation. Give one example each illustrating situations in which a citizen can apply to these structures for the protection of their rights. (Name the power structure first, then give an example.)

Read the text and complete tasks 21-24.

Human rights should not be understood only as a means of achieving some good, they themselves materialize into some kind of social value, if they are provided with living conditions and guaranteed. In this case, the role of the state is not just important, but, perhaps, the most important and most significant ... it is like a resultant force that reconciles the selfish interests of individual members of society, the contradictions of the private, the individual and the general, using legal means. ..

Strictly speaking, the implementation and effectiveness of the norms on human rights and freedoms in any state, society, one way or another, depend on many factors. Without claiming to be exhaustive, as such, we can point to some of them: the degree of democracy of the government institutions of the state; political, cultural and legal traditions; the state of the economy; moral atmosphere and degree of consent in society; state of law and order, etc. Therefore, in order to ensure the translation of the possibilities contained in the current legislation into specific legal relations, it is necessary to create a reliable mechanism for the implementation and control over the observance of the rights and freedoms of man and citizen, since a person is “included” in many social relations, performs many social roles, and the citizen participates only in those relations that are of a legal nature.

in a democratic and rule of law not only individuals are interested in this, but also power structures, which are primarily created specifically for the protection of human rights and freedoms. As an example, one can refer to Art. 2 of the Constitution of the Russian Federation, which states: "Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state." It is symbolic that this article is located in the section "Fundamentals of the constitutional system", thereby confirming the protection of the rights, freedoms, interests of the individual as a principle of society and the state. Thus, the mechanism for ensuring human rights objectively takes the form of legal guarantees...

The legal procedures by which human rights and freedoms are regulated and protected are usually contained in constitutions. Looking away from individual features of certain states, it can be said that the constitution determines: the procedure for a citizen to go to court in case of violation of his interests; order of consideration of cases; the right to apply to the bodies of international jurisdiction, if all domestic possibilities have been exhausted, etc.

(V.V. Lazarev)

Explanation.

In the correct answer, power structures should be named and appropriate examples should be given, for example:

1) the police (for example, citizen R., having returned home from a business trip, found that the door of his apartment was opened and valuables were stolen, and turned to the police to protect his rights as an owner and other rights);

2) a court (for example, Inna Arkadyevna entered into an agreement with a company to build a house on a plot belonging to her, the company did not fulfill the terms of the agreement, Inna Arkadyevna went to court to protect her consumer rights);

3) the prosecutor's office (for example, the owner of a small store delays the payment of salaries to his employees, they turned to the prosecutor's office to protect their rights).

(Other authorities can be named and their activities illustrated, other examples given).

Source: USE 2015 in social studies. (part C, option 716)

Read the text and complete tasks 21-24.

Human rights should not be understood only as a means of achieving some good, they themselves materialize into some kind of social value, if they are provided with living conditions and guaranteed. In this case, the role of the state is not just important, but, perhaps, the most important and most significant ... it is like a resultant force that reconciles the selfish interests of individual members of society, the contradictions of the private, the individual and the general, using legal means. ..

Strictly speaking, the implementation and effectiveness of the norms on human rights and freedoms in any state, society, one way or another, depend on many factors. Without claiming to be exhaustive, as such, we can point to some of them: the degree of democracy of the government institutions of the state; political, cultural and legal traditions; the state of the economy; moral atmosphere and degree of consent in society; state of law and order, etc. Therefore, in order to ensure the translation of the possibilities contained in the current legislation into specific legal relations, it is necessary to create a reliable mechanism for the implementation and control over the observance of the rights and freedoms of man and citizen, since a person is “included” in many social relations, performs many social roles, and the citizen participates only in those relations that are of a legal nature.

In a democratic and rule of law state, not only individuals are interested in this, but also power structures, which are primarily created specifically to protect human rights and freedoms. As an example, one can refer to Art. 2 of the Constitution of the Russian Federation, which states: "Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state." It is symbolic that this article is located in the section "Fundamentals of the constitutional system", thereby confirming the protection of the rights, freedoms, interests of the individual as a principle of society and the state. Thus, the mechanism for ensuring human rights objectively takes the form of legal guarantees...

The legal procedures by which human rights and freedoms are regulated and protected are usually contained in constitutions. Distracting from the individual characteristics of certain states, we can say that the constitution determines: the procedure for a citizen to go to court in case of violation of his interests; order of consideration of cases; the right to apply to the bodies of international jurisdiction, if all domestic possibilities have been exhausted, etc.

(V.V. Lazarev)

Explanation.

A correct answer must contain the following elements:

1) the answer to the first question:

If human rights are secured by living conditions and guaranteed;

2) answer to the second question:

A reliable mechanism for the implementation and control over the observance of the rights and freedoms of man and citizen.

(Answer elements can be presented either in the form of a quotation or in the form of a concise reproduction of the main ideas of the relevant fragments of the text).

Source: USE 2015 in social studies. (part C, option 716)

Choose from the proposed list of words that you want to insert in place of the gaps.

“____________ (A) is manifested in the binding power of the decisions of the authorities for the entire population, the possibility of canceling the decisions of other organizations, the exclusive __________ (B) to establish generally binding rights and obligations and to use violence. Respect for the sovereignty of another country is a fundamental principle of ____________(B), which is enshrined in the UN Charter.

In the event that ______________ (D) is sovereign, it applies to the entire population and all organizations of society (including political ones), and also has the right to cancel the decisions of other public authorities. In addition, the state (sovereign) power has at its disposal the means of pressure and ____________ (D), which no one else has in this territory (_____________ (E), police, prison).

The words in the list are given in the nominative case. Each word (phrase) can only be used once. Choose sequentially one word after another, mentally filling in each gap. Please note that there are more words in the list than you need to fill in the gaps.

List of terms:

The table below lists the letters that represent the missing words. Write in the table under each letter the number of the word you have chosen.

Write down the numbers in response, arranging them in the order corresponding to the letters:

Explanation.

Based on the text of the task, the correct answer is 465173

Answer: 465173

War crimes and crimes against humanity under international law

1) have a statute of limitations of 5 years

2) have a statute of limitations of 10 years

3) have a statute of limitations of 20 years

4) have no statute of limitations

Explanation.

The statute of limitations does not apply to persons who planned, prepared, unleashed and waged aggressive wars, used prohibited means and methods of warfare, committed an act of genocide or ecocide. The issue of the possibility of applying statute of limitations to especially grave crimes against the person and public security, punishable by life imprisonment or the death penalty, is decided by the court in each case individually.

"European Convention on the non-applicability of statute of limitations to crimes against humanity and war crimes".

The correct answer is number 4.

Answer: 4

Subject area: Law. International law

Using social science knowledge, compose complicated plan, allowing to reveal the essence of the topic "International Humanitarian Law". The plan must contain at least three points, of which two or more are detailed in sub-points.

Explanation.

When analyzing the response, the following are taken into account:

The presence of plan items that are mandatory for the disclosure of the proposed topic;

The correctness of the wording of the points of the plan in terms of their relevance to the given topic;

Correspondence of the structure of the proposed answer to the complex type plan. The wording of the points of the plan, which are abstract and formal in nature and do not reflect the specifics of the topic, are not counted in the assessment.

One of the options for the disclosure of this topic.

1. The concept of international humanitarian law.

2. The primary principles of humanitarian law enshrined in the Geneva and Hague Conventions:

a) the establishment of a system of peaceful means for resolving disputes between states;

b) the direction of military operations only against the fighting armies;

c) protection of the civilian population from military attacks, hostilities;

d) the obligation to take care of the sick and wounded who were captured, showing a humane attitude towards prisoners of war;

e) a ban on the use of poisonous weapons and means that cause suffering;

f) recognition of the occupation as a temporary occupation of the territory of the enemy, during which it is impossible to cancel local orders and customs.

3. Main sources of international humanitarian law:

a) the 1948 Universal Declaration of Human Rights;

b) International Covenant on Economic, Social and Cultural Rights of 1966;

c) Geneva Conventions of 1949 for the protection of victims of war, etc.

4. The principles of modern international law, enshrined in the UN:

a) the principle of equality and self-determination of peoples;

b) the principle of respect for human rights;

c) the principle of state responsibility for aggression and other international crimes (genocide, ecocide, racial discrimination, apartheid, etc.);

d) the principle of international criminal responsibility of individuals.

5. The role of international humanitarian law in the observance and strengthening of human rights and freedoms.

A different number and (or) other correct wording of points and sub-points of the plan are possible. They can be presented in nominal, interrogative or mixed forms.

The absence of the 2nd, 3rd and 4th paragraphs of the plan in this wording or close in meaning will not allow us to reveal the content of this topic on the merits.

A. International humanitarian law prohibits the use of certain types of weapons, such as anti-personnel mines and cumulative projectiles.

B. International humanitarian law prohibits the use of physical torture and degrading measures against captured military personnel.

1) only A is true

2) only B is true

3) both statements are correct

4) both judgments are wrong

Explanation.

International humanitarian law (the law of war, the law of armed conflicts) is a set of international legal norms and principles governing the protection of victims of war, as well as limiting the methods and means of warfare. International law of armed conflicts is codified in the Hague Conventions, the Geneva Conventions for the Protection of Victims of War of 1949 and Additional Protocols to them of 1977, resolutions of the UN General Assembly and other documents. Certain restrictions established by international humanitarian law also apply to armed conflicts of a non-international (internal) nature.

The correct answer is number 3.

Answer: 3

Subject area: Law. International law

Alexander Voitenko (Barnaul) 25.04.2013 17:50

I'm afraid to seem wrong, but international humanitarian law does not impose a ban on the use of anti-personnel mines and cumulative projectiles, or rather it imposes a ban on the use of frog mines, and not all in a row. The cumulative charges burn through the armor and are actively used by our army. How else would you order to hit armored targets?

Petr Dmitrievich Sadovsky

The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer (Ottawa Convention) was opened for signature in 1997 and entered into force in 1999. It prohibits the use of any mines, including anti-personnel mines. Some countries have not signed it, including the USA, Russia, China, etc.

Are the following judgments about the norms of international humanitarian law correct?

A. International humanitarian law protects people from cruel and degrading treatment.

B. International humanitarian law contains rules protecting journalists in time of war.

1) only A is true

2) only B is true

3) both statements are correct

4) both judgments are wrong

Explanation.

International humanitarian law (the law of war, the law of armed conflicts) is a set of international legal norms and principles governing the protection of victims of war, as well as limiting the methods and means of warfare.

The international law of armed conflicts is codified in the Hague Conventions, the Geneva Conventions for the Protection of Victims of War of 1949 and their Additional Protocols of 1977, resolutions of the UN General Assembly and other documents.

Separate restrictions established by international humanitarian law also apply to armed conflicts of a non-international (internal) nature.

The correct answer is numbered: 3.

Answer: 3

Subject area: Law. International law

1) State power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial.

2) For the conclusion of marriage, the mutual voluntary consent of the man and woman entering into marriage and the achievement of marriageable age are required.

3) A citizen of the Russian Federation cannot be deprived of his citizenship or the right to change it.

4) The bearer of sovereignty and the only source of power in the Russian Federation is its multinational people.

5) The child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives.

Explanation.

The foundations of the constitutional system of Russia include such principles of the structure of the state and society as: a person, his rights and freedoms as the highest value; democracy; full sovereignty of the Russian Federation; equality of subjects of the Russian Federation; single and equal citizenship, regardless of the grounds for its acquisition; economic freedom as a condition for the development of the economic system; separation of powers; guarantees of local self-government; ideological diversity; political pluralism (principle of multi-party system); the priority of the law; priority of generally recognized principles and norms of international law and international treaties Russia before national law; a special procedure for changing the provisions of the Constitution of the Russian Federation, which constitute the foundations of the constitutional order.

1) State power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial - yes, that's right.

2) For the conclusion of marriage, the mutual voluntary consent of the man and woman entering into marriage is required, and the achievement of marriageable age by them - no, it is not true.

Read the text and complete tasks 21-24.

National relations, i.e. relations of people in a community called a nation, or other ethno-national relations, do not exist separately from the state or in parallel with it. National and ethno-national relations are somehow mediated by the state and form a single political entity.

There are three main approaches to understanding the nation: political and legal, sociocultural and biological. In the political and legal approach, a nation is understood as fellow citizenship, i.e. community of citizens of a particular state. In international law, when one speaks of nations, one has in mind precisely political ones, nations that act as "national" states in the international arena.

In the sociocultural approach, the emphasis is on the commonality of language, culture, religion, traditions, and customs of a large group of people that form a nation. This allows us to consider the nation as a community of people who are characterized by a common spiritual culture, historical development, behavioral stereotypes, everyday lifestyle. It should be borne in mind that the nation is also a subjective phenomenon of consciousness and self-consciousness.

E. Gellner, a well-known researcher of the nation phenomenon, noted: “Two people belong to the same nation if and only if they recognize each other's belonging to this nation. In other words, nations are made by man; nations are the product of human beliefs, passions and inclinations.”

Most countries of the world base their understanding of the nation on the first two approaches. For all their differences, they have one thing in common - the denial of consanguinity as a defining nation-forming principle.

The third approach to understanding the nation, biological, is precisely based on the recognition of the blood community as the main dominant of the nation.

(Yu.V. Irkhin, V.D. Zotov, L.V. Zotova)

Explanation.

The following directions can be given in the answer, for example:

1) ensuring the equality of all ethnic groups within one state;

Read the text and complete tasks 21-24.

Human rights should not be understood only as a means of achieving some good, they themselves materialize into some kind of social value, if they are provided with living conditions and guaranteed. In this case, the role of the state is not just important, but, perhaps, the most important and most significant ... it is like a resultant force that reconciles the selfish interests of individual members of society, the contradictions of the private, the individual and the general, using legal means. ..

Strictly speaking, the implementation and effectiveness of the norms on human rights and freedoms in any state, society, one way or another, depend on many factors. Without claiming to be exhaustive, as such, we can point to some of them: the degree of democracy of the government institutions of the state; political, cultural and legal traditions; the state of the economy; moral atmosphere and degree of consent in society; state of law and order, etc. Therefore, in order to ensure the translation of the possibilities contained in the current legislation into specific legal relations, it is necessary to create a reliable mechanism for the implementation and control over the observance of the rights and freedoms of man and citizen, since a person is “included” in many social relations, performs many social roles, and the citizen participates only in those relations that are of a legal nature.

In a democratic and rule of law state, not only individuals are interested in this, but also power structures, which are primarily created specifically to protect human rights and freedoms. As an example, one can refer to Art. 2 of the Constitution of the Russian Federation, which states: "Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state." It is symbolic that this article is located in the section "Fundamentals of the constitutional system", thereby confirming the protection of the rights, freedoms, interests of the individual as a principle of society and the state. Thus, the mechanism for ensuring human rights objectively takes the form of legal guarantees...

The legal procedures by which human rights and freedoms are regulated and protected are usually contained in constitutions. Distracting from the individual characteristics of certain states, we can say that the constitution determines: the procedure for a citizen to go to court in case of violation of his interests; order of consideration of cases; the right to apply to the bodies of international jurisdiction, if all domestic possibilities have been exhausted, etc.

1) the political sovereignty of the people;

2) the principle of separation of powers;

3) the rule of law (equality of all before the law);

4) observance of human rights and freedoms;

5) mutual responsibility of the state and the individual;

6) high consciousness of the masses;

7) not punitive but law enforcement agencies;

8) predictability of decisions made by the state;

9) subordination of the national legal system to international law;

10) pluralism.

One-party system and legal nihilism cannot be signs of a constitutional state.

Answer: 26.

Answer: 26|62

Plan of the theme "The system of international protection of human rights" 1. The concept of "human rights" 2. Reasons for the need to protect human rights at the international level. A. World and local wars B. Violation of human rights in states with totalitarian and authoritarian regimes. B. Nationalism, racism, apartheid. 3. International structures for the protection of human rights A. United Nations B. European system(Council of Europe, OSCE) 4. Structure of the UN 5. Structure of the Council of Europe 6. Methods of protection of human rights by international organizations.

Dimensions: 960 x 720 pixels, format: jpg. To download a free slide for use in a law lesson, right-click on the image and click "Save Image As...". You can download the entire presentation "International Protection of Human Rights.ppt" in a 570 KB zip archive.

Rights Protection

"Protection of the rights and interests of children" - States. F.M.Dostoevsky. The right to live. Duty of parents. State obligations. The rights of the child. States must protect children. Basic provisions of the Convention. Elementary education. Children's rights. Responsibility for the upbringing of the child. The right to rest and play. Life imprisonment. States provide replacement care for children without parents.

"Child Protection Programs" - An example of a tool. Comparison of coordinated focuses of attention. Criteria for proof of social results of programs. An example of choosing an indicator measurement tool. Focus on proven effectiveness of programs. Integrated planning for social results. Base of indicators and tools. Initiatives.

"International mechanisms for the protection of human rights" - International Humanitarian Law. Reasons for low performance. Criteria for non-international armed conflict. coding process. Sources. UN General Assembly. World Organizations. international procedures. Regional Mechanisms. Nation. Protection of human rights at the regional level.

"International protection of human rights" - Structure of the Council of Europe. Entered into force on September 3, 1953. Now it consists of 47 states. Organization for Security and Cooperation in Europe (OSCE). International Court of Justice in The Hague. Security Council. Question: Should the death penalty be abolished or not? Court of Human Rights in Strasbourg. Considers civil disputes between states Located in the Peace Palace in The Hague.

"Help for Children" - 5. Imperfect legislation on child abuse.

1 . International Human Rights Instruments .
1.1. What are human rights ?
The concept of human rights is one of the most controversial in legal science.
1) According to the natural law theory of human rights, these are rights inherent in the very nature of man, without which it cannot exist as a biosocio-spiritual being. Human rights belong to him from birth, by virtue of the laws of nature, do not depend on their recognition by the state. The state can only consolidate, guarantee or limit them.
2) Supporters of the positivist concept of human rights believe that rights and freedoms are established by the will of the state and are derived from it. It is the state that determines the list and content of the rights that it grants to its citizens.
Human rights- these are normatively formalized (i.e., presented in the form of clearly formalized norms) features of a person's being, which express her freedom and are a necessary condition for her life, her relationships with other people, with society, the state.
The theory of human rights is based on the unconditional recognition of his right to dignity and the right to freedom. However, a person cannot be absolutely free. You cannot live in a society and be absolutely free from it. The rights and freedoms of one end where the rights and freedoms of another begin.
1.2. Classification of human rights :
1) in the form of fastening : basic and other rights.MainThese are rights that are guaranteed by the constitutions of states and international legal documents.
2) content:
1) personal (civilian) : the right to life, liberty, personal integrity, protection of one's dignity, the right to privacy and home, freedom to choose nationality and language of communication, freedom of conscience (the right to profess any religion or not profess any), freedom of movement and choice of residence.
2) political: the right to association, the right to rallies and demonstrations, processions, the right to participate in the management of state affairs. Unlike personal rights, political rights are not aimed at ensuring the independence of a person, but at his manifestation as an active participant in the political process.
3) social: for rest, for the protection of motherhood and childhood, for housing, for social security (social insurance, pension provision, medical service).
4) economic: to work, to property, to entrepreneurship, the right to strike, to conclude collective agreements, to freely associate in national or international organizations.
5) cultural: for education: free pre-school, basic general and secondary professional education, for creativity, for the use of the results of scientific progress, for access to cultural values.
Human rights in the Constitution of the Russian Federation :
personal (civil) rights (Articles 19-29, 45-54);
political (articles 30-33);
economic (articles 34-37, parts 1,2,4);
social (articles 37, parts 3.5, 38-41);
cultural (Articles 43, 44).
3) by time of occurrence :
The first generation includes civil and political rights. The second generation includes social and economic rights, the consolidation of which in the constitutions and laws of the most developed countries dates back to the beginning of the 20th century. They are often called imaginary, because in their implementation it is necessary to infringe on the rights of the first generation (the right of citizens to rest limits the freedom of entrepreneurship). The third generation is called the rights of peoples (the right of the people to self-determination up to the separation and formation of an independent state, the right to a worthy existence and the right to the development of the people). The idea of ​​them is approved in legal science and international legal practice in the 2nd half of the 20th century.
4) according to the mode of existence and reflection :
natural rights that belong to a person from birth, and positive rights established by the state.
5) around the circle of subjects :
1) individual (rights belonging to individuals); 2) collective (rights owned and exercised by a group of persons existing as a community: individuals, consumers, minors, refugees).
1.3. International Documents .
The foundation of the existing system of human rights and freedoms is
International Bill of Human Rights (Charter of Human Rights) =
1) Universal Declaration of Human Rights (December 10, 1948) +
2) international pact on economic, social and cultural rights (1966) +
3) international pact on civil and political rights (1966) +
4) optional protocol to the last pact (1966) +
5) second additionalProtocolaimed at abolishing the death penalty (1989).
The Universal Declaration of Human Rights proclaimed that "recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of liberty, justice and peace in the world."Article 1: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards each other in a spirit of brotherhood.” The Universal Declaration contains an enriched list of rights and freedoms, which includes not only civil and political, but also social, economic and cultural rights.
The Covenants, adopted in 1966, secured the most important rights and freedoms: the right to life, the right to personal integrity, the right to respect for private and family life, freedom of conscience, freedom of peaceful assembly and association, the right to freedom of opinion and expression, the right to education , the right to work.
Significance of the International Covenants of 1966 :
1) for the first time, states have assumed legal obligations to the international community to promote the rights of their citizens;
2) for the first time, states gave international bodies the right to control the fulfillment of their obligations;
3) for the first time, victims of human rights violations were given the opportunity to seek help from bodies that were not under the jurisdiction of the authorities that oppressed them.
2 . Protection of human rights .
Today in Europe there arethree systems of human rights protection :
14.2.1. UN systembased on the Charter of Human Rights and other UN documents.
In 1946, the UN Economic and Social Council (ECOSOC), which operates under the leadership of the General Assembly, established the UN Commission on Human Rights as a subsidiary body. Each year, the Commission's sessions bring together not only 53 member states, but also over 100 observer states. In 1976, the United Nations created a Human Rights Committee consisting of 18 experts.
2.2. System of the Conference on Security and Cooperation in Europe (CSCE), the final act of which, signed in Helsinki (1975), contributed to the emergence social movement human rights defenders => Organization for Security and Cooperation in Europe (OSCE);
2.3. Council of Europe system (CE), the leading document of which was the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), as well as additional protocols to the Convention, which included the entire list of civil and political rights and some socio-economic rights. To control their implementation, special mechanisms have been created - the European Commission and the European Court of Human Rights in Strasbourg. Unlike the Council of Europe, the OSCE does not have a well-established mechanism for dealing with individual complaints.
3 . Criticism of the Universal Declaration of Human Rights .
In recent decades, the idea of ​​the inviolability of human rights as the highest value hasserious criticism :
1) the provisions of the Universal Declaration of Man have long been outdated, turned into a collection of banal dead truths. We need new living rights (such as the right not to starve to death, the right of the people to control nuclear stations and nuclear weapon, the right of collective control over such a powerful means of influencing public opinion like television, the right to fresh water–> Bolivia);
2) human rights, reflected in the Universal Declaration of Human Rights, are absolutely minimal, they do not contribute to solving the complex problems of social life;
3) the ideology of human rights is used by Western countries to interfere in the internal affairs of other states;
4) the institution of human rights is called upon to perpetuate the existing political and economic system of modern capitalist society;
5) the ideology of human rights denies the right to rebel against unjust regimes;
6) the ideology of human rights in a number of cases comes into conflict with religious arguments: a person does not have the right to litigate for his rights before God, the political understanding of individual rights contradicts the understanding of freedom as responsibility before God.
7) during crises, the state interests of the authorities and society are higher than the immediate rights of an individual.
4 . International Crimes and Offenses .
4.1. Types of international crimes:
1) actions aimed at unleashing or waging an aggressive war;
2) war crimes (murder and torture of the civilian population of the occupied territories, hostages, prisoners of war, senseless destruction settlements);
3) crimes against humanity.
4.2. International Criminal Tribunal (The Hague) was established in 1993 by a decision of the UN Security Council to prosecute those responsible for criminal human rights violations in the territory of the former Yugoslavia.
5 . .
5.1. What is International Humanitarian Law ?
Founder of the science of international law HugoGrotiusin his book "On the Law of War" (1625), proceeded from the fact that every state has the right to wage wars, which he divided into just and unjust. He believed that in any war, violence should have its limits and be allowed only to achieve victory, while the life of the civilian population should be protected.!!! The Hague Conferences 1899, 1907
International humanitarian law - a set of norms, both treaty and customary, which are designed to address humanitarian problems that are a direct consequence of armed conflicts - international or internal, and limit, for humanitarian reasons, the right of the parties to the conflict to choose at their discretion the methods and means of warfare, as well as provide protection to persons and property that have been or may be affected by the conflict.
International humanitarian law is a branch of international law that operates in conditions of war.
!!! The norms of the Universal Declaration of Human Rights may be limited in a state of emergency. The norms of humanitarian law are applied during periods of armed conflict, therefore, under no circumstances, the norms of humanitarian law do not allow any deviations from their provisions.
5.2. Subjects of international humanitarian law : 1) states; 2) combatants; 3) persons under protection.
combatants(1977 - Additional Protocol I) - all organized armed forces, groups and units under the command of a person responsible for the conduct of their subordinates. Combatants are allowed to use force, take the enemy prisoner, kill an armed enemy.
Persons under protection - Wounded, sick, shipwrecked, both from the armed forces and civilians, prisoners of war, civilian internees, civilians in enemy territory, civilians in occupied territories.
5.3. Sources of international humanitarian law :
1) Geneva Conventions 1949:

“For the Amelioration of the Condition of the Wounded and Sick in Armies in the Field” (Convention I);

“On the Improvement of the Condition of the Wounded, Sick, Shipwrecked Members of the Armed Forces at Sea” (Convention II);

“On the Treatment of Prisoners of War” (Convention III);

“On the protection of civilians” (Convention IV).
2) Geneva Conventions of 1948: 1) against the crimes of genocide; 2) Refugee Convention.
3) Additional Protocols 1977: Additional Protocol I (new rules governing international armed conflicts); Additional Protocol II (rules governing non-international armed conflicts).
4) The 1954 Convention for the Protection of Cultural Property.
NicholasRoerich(1874-1947). At the beginning of the First World War, Roerich turned to the Russian government and the governments of the warring countries with a proposal to conclude an agreement on the protection of cultural property. In 1929, Roerich came from India to America to legally formalize the Pact on the Protection of Cultural Monuments in the event of hostilities. In 1954, at the initiative of UNESCO, an international conference was convened in The Hague, at which representatives of 56 states signed a convention on the protection of cultural property in the event of armed conflict, based on the principles of Roerich.
5) The 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological Weapons.
6) The 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing natural environment.
7) The 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to be Excessively Injurious or to Have Indiscriminate Effects.
8) The Universal Declaration of Human Rights (1948), the most important provisions of which were developed in relation to wartime.
5.4. Emblem.
In 1864, paying tribute to Switzerland, in which the movement originated, it was decided to use the reverse position of the colors of the Swiss flag (a white cross on a red background) as a distinctive emblem of the protection of wounded soldiers. Turkey, and then part of the Muslim countries, began to use the sign of the Red Crescent as a symbol. The Geneva Convention of 1929 recognized it as the second official emblem of the International Committee of the Red Cross (1880). In 2005, at the next Geneva Conference, a new emblem of international humanitarian organizations was approved - the Red Crystal (red square on a white background). This emblem has the same status as the previous ones.