USE assignments on the topic of international humanitarian law. International law on the exam. Three groups of international agreements governing human rights

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

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

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

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

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

When weapons rattle, the laws are silent. This statement of the great orator Cicero illustrates the situation of lawlessness and violence in war. What norms govern international relations today and how is this tested at the Unified State Exam in social studies? I propose to look for the answer together!

What is international law?

Let us immediately clarify that the topic " International law (international protection human rights in peacetime and wartime) ”from the Unified State Examination in social science is not the most verifiable in the Unified State Examination format. A completely video lesson from an USE expert in social studies, as well as lessons on ALL other topics of the codifier, can be obtained

In the USE tests, mainly (by 90%), based on the experience of past years, it is the section of IHL (“International Humanitarian Law”) that is checked in this topic. The section is not the most verifiable at the same time ... So, in the USE-2013, out of 19 options laid out by FIPI in the public domain, only three had a question (1 for the entire option, of course) regarding international law.
BUT, it is worth remembering that IHL is just one of the sub-branches of International Law - the branches of PUBLIC Law. Practice right away and remember what you know about law in general!

International law- a set of rules governing relations between states and subjects of law from different countries.

International Humanitarian Law (IHL)- a branch of international law that defines unacceptable methods and means of warfare and protects the victims of war.

Now for the basic theory! IHL, unlike the norms of international peacetime law, applies ONLY IN THE SITUATION OF BATTLE CONFLICT!

The generally accepted international law is the UN Charter (of the United Nations), the Universal Declaration of Human Rights, the International Bill of Human Rights and a number of other treaties, agreements and (, for example).

IHL is contained in:

UN Charter
Hague Conventions (On the Peaceful Solution of International Clashes; On the Laws and Customs of Land Warfare)
Geneva Conventions for the Protection of Victims of War of 1949 and their Additional Protocols of 1977
resolutions of the UN General Assembly.

Features of the norms of International Humanitarian Law

The principles and rules of IHL aim to limit the scourge of war. International humanitarian law has essential features both in the formation and implementation of norms. The basic principle of this right is the principle of humanity, humanity. The basic principles of IHL were laid down before the First World War.

It is interesting that our country and its leaders are directly connected with the formation of the first principles of IHL. The main initiator of the First International Conference on Disarmament in World History was the Russian Emperor Nicholas II. This conference was held in 1899 in The Hague (then the capital of the Netherlands).

The decisions of the first Hague conferences remained stillborn ... In 1914, the First World War, the sides of which actively used asphyxiating gases against each other, explosive bullets - something that is prohibited by the norms of IHL. Since then, a gas mask has been an indispensable attribute of a soldier ...

Another important principle of IHL is the division of the participants in the conflict into combatants (fighting) and non-combatants (not fighting). Fighting forces are regular troops, militias, partisan detachments. IHL protects them only in case of being captured (status - prisoner of war). Noncombatants are protected by IHL. As soon as You have dropped your weapon, You are already protected by IHL!

According to the norms of IHL, all actions leading to disproportionate death of participants in a military conflict and civilians are prohibited. At the same time, it is forbidden to use the civilian population as a "human shield", ambulances marked "Red Cross", "Red Crescent" for military purposes.

Here are the main rules of International Humanitarian Law

That's all the basic theory on the topic. It will be enough for you to cope with questions on the exam on this topic. Recall that the USE expert conducts online classes in preparation for the Unified State Exam-2019 in the group

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, an active International activity;

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 the global problem. 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 also almost completely destroyed their ecosystems, and other 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 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. 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 of 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 of "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?


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 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.

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. 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.)


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 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.

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 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.

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 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.

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 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 extend the application of international humanitarian law to non-international armed conflicts." 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 ...

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. 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.

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:

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.

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.

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:

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

c) the general principles of law recognized by civilized nations;

d) judgments and the doctrines of the most qualified public lawyers of the various nations as an aid to the determination of legal norms.

The correct answer is numbered: 1.

Answer: 1

Subject area: Law. International law

Preview:

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

The essence of the concept right:

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

Signs of law:

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

Sources of law

legal custom legal act treaty legal precedent

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

Relationship between morality and law

similarities

Features of difference

  1. A single goal is to promote social harmony, harmonization of relations between people
  2. Spiritual ideological basis (based on common values)
  3. Educational impact (form an inner conviction of the need to comply with the requirements)
  4. 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)
  1. Communication with the state (legal norms are created and sanctioned by the state, and moral norms - by society)
  2. Moral norms are formed spontaneously, while legal norms are purposefully formed.
  3. The informal nature of moral norms
  4. Enforcement of norms (state sanctions for violation of legal norms and public stigmatization for violation of moral norms)
  5. 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 relations - these are public relations protected by the state and regulated by the norms of law, the participants of which have mutual legal rights and obligations.

Participants of legal relations:

  1. Individuals
  2. Legal entities
  3. State bodies

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

Signs of an offense:

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

Guilt

negligent intent

Direct indirect due to arrogance due to negligence

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

Types of offenses and legal liability

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

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:

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

Section 5. Topic 44. Legislative process.

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

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

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

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

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

Bills are submitted to the State Duma.

Each bill goes through three readings:

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

The procedure for the adoption of federal laws:

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

Section 5. Topic 45. Civil law.

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

Elements of civil relations

subjects:objects:content

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

Legal entities - services - rights and obligations

State - information of participants in legal relations

Municipalities - intangible benefits

Subjects of the Russian Federation

Principles of civil legal relations:

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

Types of civil legal relations:

  1. Property:

Real

Liabilities (between debtor and creditor)

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

  1. Non-property:

in good name

For honor and dignity

The emergence and termination of civil legal relations:

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

Tort - causing harm (material, moral)

Condiction - unjust enrichment (double lease)

3. Legal actions:

Transactions: unilateral - testament (see presentation)

Bilateral agreement (see presentation)

Multilateral

The court's decision

Assignment - assignment of rights of claim

Acquisition of property

Acts of state bodies

Ways to protect civil rights:

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

Section 5. Topic 46. Labor law.

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

Employment 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.

Employment contract

urgent indefinite

(for a fixed period) (no fixed period)

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

Documents for employment:

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

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

There is no probationary period for:

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

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

Termination of the employment contract:

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

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

Normal duration - no more than 40 hours per week.

Shortened duration:

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

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

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

Types of rest time:

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

Section 5. Topic 47. Administrative law.

Administrative law(from Latin "management, leadership") - 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:

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

Participants of administrative legal relations are not equal:

Subjects order ( executive 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:

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

Administrative penalties:

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

Section 5. Topic 48. Criminal law.

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

Principles of criminal law:

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

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

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

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

Signs of a crime:

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

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

Types of crimes:

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

Types of criminal punishment:

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

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

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

Environment

natural environment natural-anthropogenic anthropogenic

Natural environment (natural landscape) : earth, 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:

  1. natural resource
  2. environmental

Sources of environmental law:

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

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

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

Right to a healthy environment

For reliable information about her condition

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

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

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

Ways to protect environmental rights:

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

Environmental responsibility:

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

Section 5. Topic 50. International law.

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

The UN Charter defined the maingoals of international law:

Maintain peace and security

Develop friendly relations

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

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

Principles of international law:

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

Sources of international law:

  1. International Bill of Human Rights:

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

Optional Protocol to the International Covenant on Civil and

political rights

Optional Protocol on the Abolition of the Death Penalty

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

Human rights bodies:

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

The similarities between international and domestic law are that they:

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

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

* use almost the same legal constructions and definitions

Glossary. Section 5. Law.

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

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 an offensive socially dangerous consequences of their actions (inaction), but without sufficient grounds, presumptuously counted on the prevention of these consequences.

Memorandum - a diplomatic document 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.

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

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

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

Criminal law -a branch of law consisting of legal norms established by the highest bodies of federal government that determine 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 ecological catastrophe.

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

Tests. Section 5 Law

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

a) business

b) management

c) culture

d) property

2. Violation of the norms of administrative law is

a) a crime

b) wrongdoing

c) immorality

d) tradition

3 . Which of the following offenses are administrative

a) causing grievous bodily harm

b) ticketless travel in public transport

c) crossing the street in the wrong place

d) theft of personal property of citizens

e) failure to comply with the terms of the transaction

e) violation of traffic rules

g) intentional damage to school property

4. Administrative responsibility comes with

a) 14 years old

b) 16 years old

At 18 years old

d) 20 years old

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

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

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

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

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

6. Are the following statements correct?

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

from new offences.

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

a) only A is correct.

b) only B is true.

c) both statements are correct

d) both statements are wrong

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

a) legal equality of the parties to the legal relationship

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

c) the subjects of legal relations are only legal entities

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

8. Find administrative penalties in the proposed list

a) deprivation of a special right granted to an individual

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

c) imprisonment with serving in a strict regime colony

d) confiscation of property

d) getting fired

f) warning

g) compensation for damages

9. Administrative arrest may not be applied to

a) masters of sports in boxing

b) persons under the age of 18

c) regional leaders

e) women with foreign husbands

10. Administrative arrest is applied for

a) petty bullying

b) malicious hooliganism

c) infliction of grievous bodily harm

d) theft of state property

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

Russian legislation, contrary to the spirit of human rights

a) impolite attitude of the seller to the buyer

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

c) living without a passport and residence permit

d) shooting in the wrong place

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

LEGAL RELATIONSHIP SITUATIONS

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

2) B orphanage were not respected

Fire safety rules B) administrative

3) The driver violated the rules of the road

4) Naduvanchik LLC did not fulfill its obligation

For building a house

13. Are the following statements correct?

A. Administrative law regulates the property relations of individuals.

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

a) only A is correct.

b) only B is true.

c) both statements are correct

d) both statements are wrong

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

OFFENSE LIABILITY

  1. Senior student Petya crossed the street

at a red traffic light A) administrative

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

on time B) disciplinary

  1. Driver T. came to work

Drunk

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

a) The Criminal Code of the Russian Federation

b) Universal Declaration of Human Rights

c) RF Labor Code+

d) Code of Administrative Offenses of the Russian Federation

e) the Constitution of the Russian Federation

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

a) workbook

b) an employment contract

c) labor discipline

d) labor productivity

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

a) 36 hours a week

b) 24 hours a week

c) 40 hours a week

d) 50 hours a week

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

a) late workers

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

c) for minors

d) for janitors in winter

e) for workers working at night+

f) for doctors and teachers

20. Not allowed to work at night

a) pregnant women

b) women working in rural areas

c) minors

d) women with children under 14

e) women with children under 3 years of age

e) citizens who do not have a residence permit

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

a) shift work

b) part time

c) overtime work

d) probation

22. Rest time refers to

a) part time

b) lunch break

on weekends

d) holidays

e) sick leave

e) vacation

g) detention in the penitentiary

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

a) 24 working days

b) 28 working days

c) 31 working days

d) 30 working days

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

a) 3 more days are added to each holiday

b) paid leave of at least 31 days

c) holidays are granted in the winter

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

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

a) warning

b) gratitude

c) reprimand

d) awarding the shameful title of "Loafer"

e) dismissal

e) retirement

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

a) legal capacity

b) offense

c) legal capacity

d) tortiousness

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

a) presumption of innocence

b) legal liability

c) criminal liability

d) social environment

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

a) punishment

b) recovery

c) a crime

d) law

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

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

a) from the age of 14

b) from 16 years old

c) from 18 years old

d) from 20 years old

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

a) perpetrator of the crime

b) the organizer of the crime

c) an accomplice in a crime

d) the instigator of the crime

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

a) disciplinary

b) administrative

c) civil

d) criminal

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

a) by negligence


What is the principle of international law?

1) legal equality of participants

2) freedom of contract

3) sovereign equality of states

4) presumption of innocence

Explanation.

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

Answer: 3

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

repeated.

List of terms:

Explanation.

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

Answer: 186374.

Answer: 186374

Subject area: Law. International law

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

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

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

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

repeated.

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

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

List of terms:

Explanation.

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

Answer: 186374.

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


(V.V. Lazarev)

Explanation.

1) the answer to the question, for example:

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

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

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

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

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

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

(Other procedures may be specified.)

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


Read the text and complete tasks 21-24.

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

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

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

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

(V.V. Lazarev)

Explanation.

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

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

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

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

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

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


Read the text and complete tasks 21-24.

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

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

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

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

(V.V. Lazarev)

Explanation.

A correct answer must contain the following elements:

1) the answer to the first question:

If human rights are secured by living conditions and guaranteed;

2) answer to the second question:

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

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

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

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

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

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

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

List of terms:

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

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

ABINGDE

Explanation.

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

Answer: 465173

War crimes and crimes against humanity under international law

1) have a statute of limitations of 5 years

2) have a statute of limitations of 10 years

3) have a statute of limitations of 20 years

4) have no statute of limitations

Explanation.

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

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

The correct answer is number 4.

Answer: 4

Subject area: Law. International law

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

Explanation.

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

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

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

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

One of the options for the disclosure of this topic.

1. The concept of international humanitarian law.

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

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

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

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

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

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

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

3. Main sources of international humanitarian law:

a) the 1948 Universal Declaration of Human Rights;

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

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

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

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

b) the principle of respect for human rights;

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

d) the principle of international criminal responsibility of individuals.

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

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

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

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

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

1) only A is true

2) only B is true

3) both statements are correct

4) both judgments are wrong

Explanation.

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

The correct answer is number 3.

Answer: 3

Subject area: Law. International law

Alexander Voitenko (Barnaul) 25.04.2013 17:50

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

Petr Dmitrievich Sadovsky

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

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

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

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

1) only A is true

2) only B is true

3) both statements are correct

4) both judgments are wrong

Explanation.

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

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

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

The correct answer is numbered: 3.

Answer: 3

Subject area: Law. International law

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

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

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

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

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

Explanation.

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

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

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

Read the text and complete tasks 21-24.

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

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

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

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

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

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

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

Explanation.

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

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


Read the text and complete tasks 21-24.

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

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

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

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

·

1) the political sovereignty of the people;

2) the principle of separation of powers;

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

4) observance of human rights and freedoms;

5) mutual responsibility of the state and the individual;

6) high consciousness of the masses;

7) not punitive but law enforcement agencies;

8) predictability of decisions made by the state;

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

10) pluralism.

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

Answer: 26.

Answer: 26|62