International law plan exam. International law on the exam. by legal force

the beauty

What, from the point of view of the author, is the key factor in ensuring environmental safety? What are the three elements of the legal component of the environmental safety infrastructure mentioned in the text. What factor in the final formation of international environmental law as an independent branch of international law does the author name?

(according to V.P. Anisimov)

Explanation.

1. The answer to the first question, for example: environmental security cannot be fully ensured in one single country, active international activity is required to achieve it;

2. The answer to the second question, for example: the creation of a fairly complete system of special environmental legislation, the strengthening of the regulatory and technical base, the greening of legislative acts in other areas of activity;

(The answer to the second question is counted only if the three elements mentioned in the text are indicated.)

3. The answer to the third question, for example: for the final formation of international environmental law as an independent branch of international law, its codification is necessary.

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.

The author writes that the norms of international environmental law are enshrined in numerous international acts. Based on the text and social science knowledge, name and briefly explain any three forms of interaction that can coordinate the joint efforts of countries and their governments aimed at solving a global environmental problem.

Environmental security cannot be fully ensured in one single country; active international activity is required to achieve it. Developed countries have largely destroyed their natural environment and are now the main environmental polluters. Large, densely populated developing countries have also almost completely destroyed their ecosystems, and the rest of the developing countries are rapidly moving along the same path, barbarously destroying nature in their territories and increasing the mass of emitted pollutants. It is necessary to develop an effective international mechanism for stopping the process of destruction of the natural environment, preserving what is left of it, and moving to the expansion of such territories.

Also an important element of the task of ensuring environmental safety is the further development of the legal component of the infrastructure. It is necessary to create a fairly complete system of special environmental legislation, strengthen the regulatory and technical base, as well as greening legislative acts in other areas of activity that are important for solving the main strategic tasks of environmental safety.

The cultural elements of the infrastructure for ensuring environmental safety are the system for collecting, accumulating, processing, issuing and analyzing information on the entire spectrum of environmental problems, the system environmental education, training and education, research and development of human interaction with the biosphere.

The objects of international environmental law are natural objects that are under national jurisdiction or outside it (international international natural objects). The legal regime of the first objects is determined by internal law and partly by the norms of international law, that is, there is a correlation and interaction of internal and international law. Usually developed by world practice, universally recognized and enshrined in international legal acts, progressive principles are transformed into norms of domestic law. The legal regime of the second objects is determined by international law. The question of ownership of these objects did not arise at all for a long time. The tacit recognition of international international natural objects nobody's thing and consent to the right of any country to seize these objects. But in modern conditions, this situation has become less and less in line with the interests and needs of the peoples of the world. Some international legal principles began to be developed and gradually introduced into practice, limiting the possibility of arbitrary actions in relation to international international natural objects.

International environmental law has not yet been codified, its norms are enshrined in numerous international acts of a complex nature. For the final formation of international environmental law as an independent branch of international law, its codification is necessary. The solution of emerging problems of international environmental law and further improvement of the quality of life of mankind is possible within the framework of stable socio-economic development that does not destroy the natural biotic mechanism of self-regulation of nature.

(according to V.P. Anisimov)

Explanation.

The correct answer must contain the following elements:

1. Holding international conferences(for example, at international conferences, problems are discussed and decisions are made on the basis of which states can amend laws, securing the right to an adequate environment and the obligations of the state to preserve this environment;

2. Creation international organizations(for example, international organizations can coordinate the actions of national governments, make recommendations, stimulate discussion of the most pressing problems);

3. Signing of international environmental documents (for example, the signing of such a document imposes an obligation on states to comply with the agreements reached).

Measures may be formulated differently, other correct explanations may be given.

Based on the knowledge of the social science course, explain the meaning of the concept " global problems". What condition for solving the emerging problems of international environmental law does the author name? What two types of objects of international environmental law are named in the text?

The cultural elements of the infrastructure for ensuring environmental safety are the system for collecting, accumulating, processing, issuing and analyzing information on the entire spectrum of environmental problems, the system of environmental education, training and education, research and development of human interaction with the biosphere.

The objects of international environmental law are natural objects that are under national jurisdiction or outside it (international international natural objects). The legal regime of the first objects is determined by internal law and partly by the norms of international law, that is, there is a correlation and interaction of internal and international law. Usually developed by world practice, universally recognized and enshrined in international legal acts, progressive principles are transformed into norms of domestic law. The legal regime of the second objects is determined by international law. The question of ownership of these objects did not arise at all for a long time. The tacit recognition of international international natural objects as nobody's thing and agreement with the right of any country to seize these objects prevailed. But in modern conditions, this situation has become less and less in line with the interests and needs of the peoples of the world. Some international legal principles began to be developed and gradually introduced into practice, limiting the possibility of arbitrary actions in relation to international international natural objects.

(according to V.P. Anisimov)

Explanation.

The correct answer must contain the following elements:

1. Explanation, for example: a set of social and natural problems, on the solution of which the social progress of all mankind and the preservation of civilization depend;

(Another explanation may be given.)

2. Answer to the first question: stable socio-economic development that does not destroy the natural biotic mechanism of self-regulation of nature;

3. Answer to the second question: natural objects under national jurisdiction or outside it

(international international natural objects).

The answer to the second question is counted only if two types of objects mentioned in the text are indicated.

Answers to questions 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 fragments of the text.

The author lists the cultural elements of the infrastructure for ensuring environmental safety. Name any two of them indicated by the author. Give two examples illustrating the manifestation of each of them in the task of solving a global environmental problem. (Indicate the elements first, then give examples that illustrate it. Each example should be formulated in detail.)

The cultural elements of the infrastructure for ensuring environmental safety are the system for collecting, accumulating, processing, issuing and analyzing information on the entire spectrum of environmental problems, the system of environmental education, training and education, research and development of human interaction with the biosphere.

The objects of international environmental law are natural objects that are under national jurisdiction or outside it (international international natural objects). The legal regime of the first objects is determined by internal law and partly by the norms of international law, that is, there is a correlation and interaction of internal and international law. Usually developed by world practice, universally recognized and enshrined in international legal acts, progressive principles are transformed into norms of domestic law. The legal regime of the second objects is determined by international law. The question of ownership of these objects did not arise at all for a long time. The tacit recognition of international international natural objects as nobody's thing and agreement with the right of any country to seize these objects prevailed. But in modern conditions, this situation has become less and less in line with the interests and needs of the peoples of the world. Some international legal principles began to be developed and gradually introduced into practice, limiting the possibility of arbitrary actions in relation to international international natural objects.

(according to V.P. Anisimov)

Explanation.

The correct answer should name two elements and give examples illustrating the manifestation of each of them in the task of solving a global environmental problem:

1) a system of environmental education, for example:

In many general education schools environmental circles are being created to expand students' knowledge about ecology;

Ecological education of children in preschool institutions includes the participation of children in activities that are feasible for them to care for plants and animals;

2) research and development of human interaction with the biosphere, for example:

Among the most sought-after research and development areas of Swedish scientists are biofuels, smart grids, and carbon capture and storage.

Only examples formulated in detail are counted (individual words and phrases are not counted as examples).

Judicial precedent, customary law, sources of law, legal act, international legal acts.

Explanation.

Sources (forms) of law - a certain way of external expression of a specific legal norm. There are several sources of law:

1) legal custom - social relations that have long been established and have become a rule;

2) legal, judicial precedent - a court decision on specific case, which is given a normative character;

3) normative-legal act - an authoritative instruction of the state bodies, establishing, changing and repealing the norms of law;

4) international legal act.

Answer: sources of law.

Answer: sources

public law, financial right, administrative law, criminal law, constitutional law.

Explanation.

Public law is a set of branches of law that regulate relations that ensure a common, public interest. The branches of public law are: international public law, constitutional law, administrative law, financial law, criminal and criminal procedure law, etc.

Answer: public law.

Answer: public law

Subject area: Law. The system of Russian law, the legislative process

List and illustrate with examples three sources of law. First indicate the source, then an example illustrating it. (Each example must be expanded).

Explanation.

In the correct answer, the sources of law should be named and relevant examples given, for example:

1) legal custom (for example, the custom of business turnover used in the field of entrepreneurial activity);

2) a legal act (for example, the Federal Law "On Education in the Russian Federation", which regulates legal relations in the field of general education);

3) a normative agreement (for example, an international agreement on friendship and cooperation concluded between Armenia and the Russian Federation).

Other sources of law can be named, other examples given

What elements of the system of international law are named in the text (point out three elements)? What feature of the creation of international legal norms in comparison with domestic law did the authors note? Based on the knowledge of the social science course, explain the meaning of the concept of "objective law".

(Yu. Kolosov, V. Kuznetsov)

Explanation.

The correct answer must contain the following elements:

1) elements of the system of law:

Institutes;

Branches of law;

2) Feature:

The only way to create international legal norms is the agreement of the subjects of international law.

3) explanation of the meaning of the concept, for example:

Objective law is a set of generally binding norms that regulate legal relations in society and are protected by the power of state coercion.

Read the text and complete tasks 21-24.

A norm of international law is understood as a rule of conduct that is recognized by states and other subjects of international law as legally binding.

The norms of international law should be distinguished from the so-called customs, or norms of international courtesy, which the subjects of international law observe in mutual relations. However, if international legal norms are legally binding rules of conduct, then customs, or norms of international courtesy, lack the quality of legally binding ones. Violation of the norms of international law gives rise to international legal responsibility, and violation of custom does not entail such responsibility ...

A number of norms of international law are called principles. Although these are the same international legal norms, some of them have long been called principles, others have been called so because of their significance and role in international legal regulation. At the same time, there are certain principles that are of a general nature in comparison with other international legal norms and are of the utmost importance for the international community in maintaining the international legal order. Among the principles are the basic principles of international law, which form the foundation of the international legal order. A violation by a State of any basic principle may be seen by the international community as an attack on the entire international legal order. The main principles include the principles of sovereign equality, non-interference in internal affairs, prohibition of the use of force or threat of force, compliance with international obligations, peaceful resolution of international disputes, etc. Legal norms and institutions are united in the branches of international law. Some branches (for example, international maritime law and diplomatic law) have existed for a long time, others (for example, international nuclear law and international space law) have arisen relatively recently ...

The process, methods and forms of creating norms of international law differ from the creation of norms of domestic law. In international relations, there are no legislative bodies that could adopt legal norms without the participation of the subjects of the system of international law themselves. International legal norms are created by the subjects of international law themselves. The only way to create international legal norms is the agreement of the subjects of international law. Only the subjects of international law give certain rules of their conduct the quality of legal binding.

Since there are no supranational enforcement bodies in international relations, the observance and implementation of international legal norms is mainly carried out by the subjects of this system of law on a voluntary basis ...

In the process of participating in international communication, constantly entering into relations with each other, the subjects of international law not only act in accordance with the existing norms of international law, but also make the necessary clarifications, additions and changes to their content, as well as create new norms.

Thus, the creation of international legal norms is a continuous process.

(Yu. Kolosov, V. Kuznetsov)

Explanation.

The correct answer should reveal the principles and give appropriate explanations, for example:

1) the principle of sovereign equality implies that all states are legally equal among themselves as sovereign independent participants in international communication, generally enjoy the same rights and bear equal obligations, despite the difference in their economic, social and political systems (implementation of this principle excludes discrimination of states and related international conflicts);

2) the principle of non-intervention in internal affairs involves the prohibition of states and international organizations to interfere in the internal affairs of states and peoples in any form (the implementation of this principle prevents wars of conquest and national liberation, trade and other wars and conflicts);

3) the principle of compliance with international obligations presupposes the inadmissibility of arbitrary unilateral renunciation of undertaken obligations and legal liability for violation of international obligations (implementation of this principle prevents military and other hostile actions of states whose rights have been violated).

Other principles may be disclosed and explained.

Read the text and complete tasks 21-24.

A norm of international law is understood as a rule of conduct that is recognized by states and other subjects of international law as legally binding.

Thus, the creation of international legal norms is a continuous process.

(Yu. Kolosov, V. Kuznetsov)

Explanation.

The correct answer must contain the following elements:

1) two groups of norms:

Norms of international law and norms of international courtesy (customs);

2) difference:

Violation of the norms of international law gives grounds for international legal responsibility, and violation of custom does not entail such responsibility.

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

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 legal status person and 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

Suggest what the creation of new international legal norms may be connected with (indicate any two circumstances). What international organizations can be involved in resolving international legal conflicts? List any two organizations and their area of expertise.

Read the text and complete tasks 21-24.

A norm of international law is understood as a rule of conduct that is recognized by states and other subjects of international law as legally binding.

Thus, the creation of international legal norms is a continuous process.

(Yu. Kolosov, V. Kuznetsov)

Explanation.

The correct answer must contain the following elements:

1) circumstances, for example:

The emergence of new social realities that require legal regulation;

Creation of new states, change of political regimes in already existing states;

(Other circumstances may be specified.)

2) international organizations and the scope of their competence, for example:

International Court of Justice (resolves legal disputes between states).

ECHR (cases initiated by individuals and legal entities against states and international organizations;

International tribunals of the UN (bringing to account individuals for violation of international humanitarian law).

Other international organizations may be listed

The author argues that “For the protection of human rights, it is important to spread the action of international humanitarian law armed conflicts of a non-international character. Based on the knowledge of the social science course, other academic disciplines and social experience, give three arguments that support the author's point of view.

Read the text and complete tasks 21-24.

(I.A Ledyakh)

Explanation.

The correct answer must contain the following arguments:

In non-international armed conflicts, all subjects of international humanitarian law are present;

The implementation of the norms of international humanitarian law in the regulation of internal conflicts indicates the development of the level of legal culture of society;

The implementation of the norms of international humanitarian law in the regulation of internal conflicts is directly related to the observance of human rights in a given country.

Answer: none

A new stage in the development of international humanitarian law, 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 regulatory framework which is usually associated with the Geneva Convention of 22 August 1864 for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field 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 proper humanitarian law ... 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.

The correct answer must contain the following elements:

norms of law protecting human rights and examples illustrating them, for example:

Medical assistance should be provided to all injured participants in hostilities, regardless of which side they fought on. For example, during one of the battles between the states of X. and Z., after the retreat of the enemy troops, wounded soldiers remained on the battlefield, medical personnel assisted them despite the fact that they fought against their state;

The prohibition to attack persons under the protection of international humanitarian law, to infringe on their physical integrity, to subject them to insulting and degrading treatment. For example, during the war, the X. state occupied part of the territory of another state, the soldiers of the X. state were given clear instructions on how to behave with the civilian population and that they would be held accountable for attempts at violence;

Read the text and complete tasks 21-24.

International humanitarian law consists of two sections, referred to as "the law of the Hague" and "the law of Geneva". Historically, the 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 22 August 1864 for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field 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 medical 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 ...

In its modern form, Geneva law, or humanitarian law proper ... is a system of principles and norms directly aimed at protecting the individual in the conditions of 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. Norms have been developed to provide prisoners of war and those detained during the conflict with the necessary food, housing, and judicial guarantees.

(I.A Ledyakh)

Explanation.

The correct answer must contain the following elements:

Based on social science knowledge, explain the meaning of the concept of "legal act". Based on the text, name the four categories of subjects of international humanitarian law to which it provides protection.

Read the text and complete tasks 21-24.

(I.A Ledyakh)

Explanation.

The correct answer must contain the following elements:

1) the meaning of the concept: a normative legal act is an official document issued in the prescribed manner by the competent state authority, containing the rules of law and protected by the state under the threat of applying measures of legal liability for its violation.

(Another, close in meaning, explanation may be given)

2) any four of the listed categories of subjects of law:

Civilian population;

medical personnel;

the wounded;

Shipwrecked;

Sick;

Prisoners.

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

Answer: none

Subject area: Law. International law

With) general principles rights recognized by civilized nations;

d) judgments and the doctrines of the most qualified publicists of the various nations as aid to define legal norms.

The correct answer is numbered: 1.

Answer: 1

Subject area: Law. International law

Social science. Full course of preparation for the Unified State Examination Shemakhanova Irina Albertovna

5.13. International law (international protection of human rights in peacetime and wartime)

International law - a special system of legal norms governing international relations arising between states, international organizations created by them and other entities international relations when establishing the mutual rights and obligations of the parties. Functions of international law: stabilizing function; regulatory function; protective function.

The basic principles of international law are enshrined in the UN Charter: sovereign equality of states; non-use of force and threat of force; inviolability of state borders; peaceful resolution of international disputes; non-interference in internal affairs; universal respect for human rights; self-determination of peoples and nations; international cooperation; conscientious fulfillment of international obligations. Sources of international law: international treaty, international legal custom, acts of international conferences and meetings, resolutions of international organizations. Kinds international documents: international conventions (treaties between states whose legislation contains norms binding on the international community); declaration (document, the provisions of which are not strictly binding); pact (one of the names of an international treaty).

Subjects of international law: states; nations and peoples fighting for independence; international organizations(intergovernmental - UN, UNESCO, ILO; non-governmental - Red Cross and Red Crescent Society, Greenpeace).

International organizations that ensure joint actions of countries in defense of human rights:

1. United Nations (1945). The founding document of the UN - the UN Charter - is a universal international treaty and establishes the foundations of the modern international legal order. the UN is persecuting goals: maintain international peace and security and, to this end, take effective collective measures to prevent and eliminate threats to peace and suppress acts of aggression; develop friendly relations between states on the basis of respect for the principle of equal rights and self-determination of peoples; to carry out international cooperation in solving international problems of an economic, social, cultural and humanitarian nature and in promoting respect for human rights, and others.

UN bodies: General Assembly; Security Council plays a major role in the maintenance of international peace and security; Economic and Social Council (ECOSOC) is authorized to undertake research and draw up reports on international issues in the field of economy, social sphere, culture, education, health and other issues; UN Trusteeship Council contributes to the progress of the population of the trust territories and its gradual development towards self-government or independence; International Court UN; United Nations Secretariat.

To specialized bodies UN Human Rights Law include: UN High Commissioner for Refugees, UN High Commissioner for the Promotion and Protection of All Human Rights, Commission on Human Rights, Council of Europe. At the Council of Europe formed European Commission human rights and European Court of Human Rights. In some states, the rights of the individual from arbitrariness public institutions protects ombudsman- a special officer. Established in Russia post of Commissioner for Human Rights, not belonging to any branch of government.

Types of international offenses: international crimes, crimes of an international character, other international offenses (torts).

State responsibilities:

1) Material liability: restitution (compensation by the offender for material damage in kind); reparation (compensation for material damage caused by an offense, money, goods, services).

2) Non-material liability expressed in the form restaurants(restoration by the offender of the previous state and bearing all the adverse consequences of this), satisfaction(satisfaction by the offender of non-material claims, making amends for non-material (moral) damage), sovereignty restrictions and declarative decisions.

Types of international crimes: crimes against peace, war crimes, crimes against humanity.

One of the forms of coercion in international law is international legal sanctions(coercive measures of both armed and unarmed nature, applied by subjects of international law in the established procedural form in response to an offense in order to suppress it, restore violated rights and ensure the responsibility of the offender). Types of sanctions: retortions(for example, imposing restrictions on the import of goods from the violating state; increasing customs duties on goods from this state; introducing a system of quotas and licenses for trade with this state), reprisals(embargo, boycott, denunciation), rupture or suspension of diplomatic or consular relations, self-defence; suspension of rights and privileges arising from membership in an international organization, exclusion of the offender from international communication, collective armed measures to maintain international peace and security.

International humanitarian law - a set of norms that define common human rights and freedoms for the international community, establish the obligations of states to consolidate, ensure and protect these rights and freedoms and provide individuals with legal opportunities for their implementation and protection.

Sources of international humanitarian law: Universal Declaration of Human Rights, Convention on the Prevention and Punishment of the Crime of Genocide, Geneva Conventions for the Protection of Victims of War, Convention on the Political Rights of Women, international convention on the elimination of all forms of racial discrimination, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and others.

International bodies exercising control over observance of human rights: European Court of Human Rights; Inter-American Court of Human Rights; International Criminal Court (deals with crimes against humanity).

BUT) Humanitarian law in peacetime

* Considerable attention in international humanitarian law is paid to foreigners. foreign citizen is a person who does not have the citizenship of the host country, but who has proof of belonging to the citizenship of another state. should be distinguished from foreigners stateless, i.e. stateless persons. Distinguish three types of legal regime for foreigners: national treatment, special treatment and most favored nation treatment.

* The right to grant asylum to persons persecuted for political, national, racial, religious or ethnic reasons. Distinguish territorial and diplomatic refuge.

* Rights and freedoms refugees and internally displaced persons governed by international humanitarian law. Refugees have the right to property, copyright and industrial rights, the right to association, the right to sue, the right to engage in business and employment, and other rights.

B) Humanitarian law in times of armed conflict

The main directions of international cooperation in the field of armed conflicts: prevention of armed conflicts; the legal status of states participating and not participating in the conflict; limiting the means and methods of warfare; protection of human rights during armed conflicts; ensuring accountability for violations of international law. The main rules of international humanitarian law applicable during armed conflicts:

- Persons hors de combat, as well as persons who do not directly take part in hostilities (civilian population), have the right to respect for their lives, as well as to physical and mental integrity.

– Captured combatants (combatants) and civilians must be protected from any acts of violence. Parties to a conflict have an obligation at all times to distinguish between civilians and combatants so as to spare the civilian population and civilian objects. The attack must be directed only against military objectives.

- It is forbidden to kill or injure an enemy who has surrendered or ceased to take part in hostilities.

“The wounded and sick should be picked up and given medical attention.

Everyone is entitled to basic judicial guarantees. No one may be subjected to physical or psychological torture, corporal punishment, cruel or degrading treatment.

International law limits the means and methods of waging war. The following are completely prohibited. means of warfare: explosive and incendiary bullets; bullets unfolding or flattening in the human body; poisons and poisoned weapons; suffocating, poisonous and other gases, liquids and processes; biological weapons; means of influencing the natural environment, which have wide long-term consequences as a means of destruction, damage or harm to another state; fragment damage that is not detected in the human body using X-rays; mines, booby traps and others.

The following are prohibited methods of warfare: treacherously kill or injure civilians or the enemy; to kill or injure an enemy who has surrendered and laid down his arms; to announce to the defender that in case of resistance no one will be spared; it is illegal to use the flag of parliament or the flag of a state not participating in the war, the flag or signs of the Red Cross, etc.; to force citizens of the enemy side to participate in hostilities against their own state; genocide during the war, etc.

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International law INTERNATIONAL LAW (public international law) is a system of historically changing contractual and customary norms and principles created mainly by states in the process of their cooperation and rivalry, expressing relatively

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International Customs Law (ICL) INTERNATIONAL CUSTOMS LAW (ICC) is a set of norms and principles (obligations and rules) established by states and (or) international organizations on a contractual basis, regulating relations in the field of international

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International private law INTERNATIONAL PRIVATE LAW - a term that first appeared in literature, science and practice in 1834; in history and doctrine is associated with the name of US Supreme Court Justice Joseph Storey, who used it in his Commentary on Conflict

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International Criminal Law INTERNATIONAL CRIMINAL LAW is a system of principles and norms governing the cooperation of states in the fight against crimes stipulated by international treaties. Its development is currently due to the growth of crime in

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

The essence of the concept right:

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

Signs of law:

regulate social relations
Rules of a general typical nature
obligatory
Are established by the state
Formally defined in a written document
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

similarities

Features of difference

A single goal is to promote social harmony, harmonization of relations between people
Spiritual ideological basis (based on common values)
Educational impact (form an inner conviction of the need to comply with the requirements)
Normative formalization of law and morality (regulation of behavior with the help of special rules - norms that clearly define the boundaries of possible and proper behavior)

Communication with the state (legal norms are created and sanctioned by the state, and moral norms - by society)
Moral norms are formed spontaneously, while legal norms are purposefully formed.
The informal nature of moral norms
Enforcement of norms (state sanctions for violation of legal norms and public stigmatization for violation of moral norms)
By scope (morality covers all social relations, including interpersonal relationships friendship, love, mutual assistance, etc.)

Structure of legal norms

Types of legal norms

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

legal relationship - 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:

Individuals
Legal entities
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:

Action or inaction
Wrongfulness
Harm, public danger
Delicacy of a person (the ability of a person to be aware of his illegal actions)
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

Types of offenses	Types of legal liability	Examples of legal liability
Disciplinary offense	disciplinary responsibility (recovery)	warning rebuke dismissal
Administrative offense	administrative responsibility (collection)	fine, deprivation special law, confiscation of the instrument of the offense, administrative arrest
Civil misdemeanor	civil liability (recovery)	public apology, reparation
A crime	criminal penalty	confiscation of property, deprivation of the right to hold a certain position, imprisonment

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:

The Russian Federation is a democratic federal constitutional state with a republican form of government
Man, his rights and freedoms are the highest value
The bearer of sovereignty and the only source of power in the Russian Federation is its multinational people.
The sovereignty of the Russian Federation extends to its entire territory. The Russian Federation ensures the integrity and inviolability of its territory.
The Russian Federation consists of republics, territories, regions, cities of federal significance, autonomous region, autonomous okrugs - equal subjects of the Russian Federation.
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.
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.
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.
Earth and others 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.
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.
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.
The Russian Federation recognizes ideological diversity and a multi-party system.
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.
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:

to the President of the Russian Federation
Federation Council
Members of the Federation Council
Deputies State Duma
Government of the Russian Federation
Legislative bodies of the constituent entities of the Russian Federation
to the Constitutional Court of the Russian Federation
Supreme Court of the Russian Federation
Supreme Arbitration Court of the Russian Federation

Bills are submitted to the State Duma.

Each bill goes through three readings:

The very concept of the future law is discussed in the first reading.
At the second stage, the deputies make the necessary amendments.
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:

Federal laws are passed by majority vote total number deputies of the State Duma
Laws adopted by the State Duma are submitted within five days
Laws adopted by the State Duma are submitted to the Federation Council for consideration within five days
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
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.
If the State Duma disagrees 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.
accepted the federal law within five days is sent to the President of the Russian Federation for signing and promulgation
The President of the Russian Federation within 14 days signs the federal law and promulgates it.
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:

Equality of participants in civil law
Inviolability of property
Freedom of contract
Inadmissibility of arbitrary interference in private affairs
Ensuring the restoration of violated rights
Judicial protection of rights

Types of civil legal relations:

Property:

Real

Liabilities (between debtor and creditor)

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

Non-property:

in good name

For honor and dignity

The emergence and termination of civil legal relations:

Events (hurricane, earthquake, death)
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:

Restoration of the situation before the violation of rights (loan repayment)
Damages
Fine (forfeit)
Loss Compensation
Publication of a rebuttal
Compensation for moral damage
Self defense, necessary defense
urgent need
Measures of operational impact (transfer to prepayment)

Section 5. Topic 46. Labor law.

labor law is the branch of law that governs the relationship between the employer and 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:

Passport (or identification document)
Education and qualification document
Employment book (started within 7 days after the first employment)
Insurance certificate of state pension insurance
Military registration documents
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:

juvenile
pregnant women
Persons applying for a job on a competitive basis to fill the relevant position
Persons who have graduated from vocational educational institutions and are entering the workforce for the first time
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:

At the initiative of the employee (at his own request)
At the initiative of the employer (Article 81 of the Labor Code)
Upon expiration of the employment contract
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:

24 hours a week - for employees under 16
36 hours per week - for employees aged 16 to 18
35 hours a week - for disabled people of I and II groups
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:

breaks during the working day
daily (between shifts) rest
weekend
public holidays (see presentation)
vacation (28 calendar days)

Section 5. Topic 47. Administrative law.

Administrative law(from Latin "management, leadership") - a branch of law that regulates public relations in the field government controlled, in connection with the organization and activities of executive authorities, observance, maintenance and protection of public order.

Subjects of administrative legal relations:

citizens from 16 years old
executive authorities (higher and lower, non-subordinate)
state enterprises
local governments
non-state economic enterprises
public associations, parties, associations, movements

Participants of administrative legal relations are not equal:

Subjects order ( executive bodies 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:

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

Administrative penalties:

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

The principle of legality
The principle of equality of citizens before the law
The principle of justice
The principle of humanism
Guilt principle
Subjective-objective accusation (killed, then guilty)

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

Minor severity (up to 2 years in prison)
Moderate (up to 5 years in prison)
Serious (up to 10 years in prison)
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:

The object of the crime is public relations, norms protected by criminal law
The objective side is an external manifestation of criminal activity in the form of an act or inaction
The subject of the crime is the one who committed the act or omission
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:

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

Types of criminal punishment:

Fine
Deprivation of the right to hold a certain position
Deprivation of military or honorary rank, rank, state awards
Mandatory work (60-240 hours, not > 4 hours per day)
Correctional labor (2 months - 2 years, 20-25% of earnings)
Military service restrictions
Confiscation of property
Restriction of freedom
Arrest (1-6 months)
Content in the disciplinary battalion
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, bowels, soil, atmospheric air, vegetable 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:

natural resource
environmental

Sources of environmental law:

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.”

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.

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

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

Environmental responsibility:

Civil law (property)
Disciplinary (for damage to the property of the employer - Labor Code)
Administrative (from officials a fine of 10-15 minimum wages)
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:

non-use of force or threat of force
peaceful settlement of disputes
non-intervention
cooperation
equality and self-determination of peoples
sovereign equality of states
fulfillment in good faith of obligations under international law
inviolability of borders
territorial integrity
respect for human rights

Sources of international law:

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

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

Human rights bodies:

Human Rights Committee (sessions 6 weeks once a year)
Commissions for the protection of women's rights, the rights of the child
United Nations High Commissioner for Human Rights
United Nations High Commissioner for Refugees
European Court of Human Rights
Committee of Ministers of the Council of Europe (oversees the implementation of the judgment)
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, isolation) - 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 socially dangerous consequences of his actions (inaction), but without sufficient grounds, presumptuously counted on preventing these consequences.

Memorandum - a diplomatic document detailing the factual side international question, an analysis of certain provisions is given, and the justification of the position of the state is given.

The motive for the crimedirect internal cause 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 - physical or 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 assisted in the commission of a crime by advice, instructions, provision of information, means, tools or removal of 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 particular 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 proved 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 the crime is committed between the offender and the state, within which the authorized government agency restricts the rights and freedoms of the offender and imposes on him the obligation to undergo 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 higher authorities 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

Senior student Petya crossed the street

at a red traffic light A) administrative

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

on time B) disciplinary

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 business days

b) 28 business days

c) 31 working days

d) 30 working days

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

a) to everyone holiday add 3 more days

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, theft of a vehicle, deliberately false report of an act of terrorism, hooliganism, rendering vehicles and means of communication unusable

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

International law- a system of norms and principles that regulate relations between states, international organizations and some other subjects of international law.

International law not part of any national system and does not include national law.

Beginning in 1920, a number of states proclaimed the priority of such norms over national legislation. So today in the Russian Federation.

Functions of international law - these are the main directions of its influence and society, its purpose

Two groups of functions

The first group - socio-political functions (strengthening the system of international relations):

maintaining stable order in international relations;
opposition the existence and emergence of new relations and institutions that contradict its goals and principles (prevention of conflicts, prohibition of the threat and use of force, etc.);
internationalization- expansion and deepening of relations between states;
information and educational function - transfer of the accumulated experience of the behavior of states, education in the spirit of respect for the law and for the interests and values \u200b\u200bprotected by it

The second group - legal functions (legal regulation interstate relations):

coordinating- the establishment by states of generally acceptable standards of conduct;
regulatory- the adoption by states of firmly established rules when interacting with each other, ;
about storage - ensuring the protection of the interests of each state and the international community as a whole

Purposes of international law (according to the UN Charter):

maintaining peace and security;
development of friendly relations;
implementation of cooperation in resolving international problems of an economic, social, cultural and humanitarian nature and in encouraging and developing respect for human rights and freedoms;
creating conditions under which justice and respect for obligations arising from treaties and other sources of international law can be observed.

Principles of international law

Principles- these are generalized norms, the foundations of the norms of law:

non-use of force or threat of force;
peaceful resolution of disputes;
non-intervention;
cooperation;
equality and self-determination of peoples;
sovereign equality of states;
conscientious fulfillment of obligations under international law.

Principles supplemented in 1975 by the Final Act of the CSCE:

inviolability of borders
territorial integrity,
respect for human rights.

Three areas of international law:

public
private
supranational

Sources of international law:

international treaties
international legal practice.
acts of international organizations
decisions of international judicial and arbitration bodies

Scope of regulation of international law

Questions:

Diplomatic
Military
Humanities
Environmental
Social
Economic
Cultural
research
police officers

Types of norms of international law:

by scope

universal(globally active)
regional(norms for regions, serve as a source for the development of global norms)
particular(local, extending their action to a limited circle of participants)

by legal force

imperative e (do not allow deviations from universal norms even by agreement between states and do not recognize as valid customs and treaties that contradict them)
dispositive(allowing deviations from the norms by agreement in the relationship of the parties);

by functions in the system

material(containing specific rules for the mandatory behavior of subjects)
procedural(regulating processes of creation and implementation of international law);

according to the way of creation and form of existence, i.e. by source

ordinary(norms created on the basis of tacit consent)
contractual(created on the basis of an interstate written agreement)
decision rules of international organizations(auxiliary).

according to the degree of obligation:

soft- do not give rise to clear rights and obligations, but only give a general setting, which, nevertheless, the subjects are obliged to follow
hard– reflect clear rights and obligations

around the participants:

multilateral
bilateral

Features of international law:

is a set of legal principles and norms, the implementation of which can be enforced
has basic principles, is divided into branches, sub-sectors, institutions
legal norms are the primary element
has legal constructions and terms.

Branches of international law.

Branch of international law- a complex of homogeneous international relations:

public (maritime, humanitarian, etc.)
private - it is based on national legislation.

Subject of regulation:

public law-political, economic and other relations between states;

private right- civil law relations of an international character.

Subjects of law:

public law— states

private- the subject of the national civil law of the state

Sources of law:

public law— international treaties and customs;

private right— legislation of states, judicial and arbitration practice.

international treaty- this is an agreement between two or more parties to international relations regarding mutual rights and obligations, based on voluntariness and sovereign equality.

international custom- this is such a rule of conduct, which, as a result of a long and universal application, is recognized by a participant in international communication as a legally binding norm. International custom is characterized by three elements:

duration of use
universal recognition
conviction of legal obligation.

Enforcement method:

enforcement of international legal norms is carried out by the subjects of international law themselves (individually or collectively), since there is no formation that stands above all subjects of international law, a “superstate”,

International public law

Regulates relations between subjects of international law: states, international organizations.

Branches of international law:

diplomatic and consular
air
humanitarian
space
atomic
maritime
criminal
economic
environmental protection
international security
international treaties
international organizations
human rights

Institutes of international law:

space economic zone institute
continental shelf
territorial sea
international legal responsibility
continuity

International private law

These are the rules governing civil, labor and other relations complicated by a foreign element. These rules are called conflict.

supranational law

International law, in which states deliberately go to limit their norms, to delegate some powers to supranational bodies (for example, the law of the European Union)

International courts

UN court in The Hague one of the principal organs of the United Nations. Target: "to carry out by peaceful means, in accordance with the principles of justice and international law, the settlement or settlement of international disputes or situations which may lead to a breach of peace."
criminal court in The Hague. Target- prosecuting those responsible for genocide, war crimes and crimes against humanity. Has existed since 2002.
arbitration court in The Hague. The oldest organization, founded in 1899. It considers both claims on interstate disputes and claims of private organizations of an international nature.
European Court of Human Rights in Strasbourg. The activity extends to the member states of the Council of Europe (Russia since 1998)
Court of Arbitration in Paris. Considers arbitration commercial disputes. Founded in 1923

Fundamental rights and freedoms in international law.

1. Civil rights:

- the right to live;

- the right to the inviolability of the person;

- freedom of the individual;

- freedom of movement;

- equality before the court;

- the right to be presumed innocent until proven guilty;

- the right to personal security;

- the right to be free from arbitrary arrest, detention or exile;

- the right to a public hearing in compliance with all requirements of justice, consideration of the case by an independent and impartial court;

- the right to freedom from arbitrary interference with personal and family life, arbitrary infringement of the inviolability of the home and the secrecy of correspondence

— the right to be free from torture and cruel, inhuman or degrading treatment or punishment;

- the right to freedom of conscience, thought and religion, and others.

Political rights:

- the right to participate in the government of their country;

- the right to equal access to public service in their country;

- the right to freedom of opinion and expression;

— the right to freedom of peaceful association and assembly, and others.

Economic rights:

- the right to own property;

- the right to the right of the people to freely dispose of their natural resources and others.

Social rights:

- the right to work and free choice of profession;

- right to equal pay equal labor;

- the right to freely form trade unions;

— the right to a fair and satisfactory remuneration that ensures worthy of a man Existence;

- the right to marry and found a family;

- the right to protection of motherhood and childhood;

- the right to rest and leisure;

— the right to a standard of living adequate for health and well-being (including food, clothing, housing and medical care);

- the right to social security in case of unemployment, illness, disability, widowhood, old age or other loss of livelihood due to circumstances beyond the control of a person, and others.

5. Cultural rights:

- the right to protect the moral interests resulting from the scientific, literary or artistic works of the author;

- the right to education;

- the right to participate in cultural life;

— the right to use the results of scientific progress and their practical application, and others.

Another generally accepted classification of human rights is their division into collective rights(rights of peoples) - the right to self-determination, the right to trade unions, the right to development, etc.; individual rights(personal rights)

Three generations of rights

First generation- civil and political rights, the awareness and declaration of which begins with the period of the Great French Revolution.

Second generation- socio-economic and cultural rights, which are reflected in international legal acts immediately after the second world war(Universal Declaration of Human Rights), after the deployment of democratization processes.

third generation- the right to peace, the right to a healthy living environment, the right to development, the right to disarmament - since the 60s 20th century after the mass liberation from the colonial dependence of the peoples of Africa, Asia and Latin America, as well as the formation of a new world power - a set of developing states.

Material prepared: Melnikova Vera Alexandrovna