Revista Gênero & Direito

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Documentos mais recentes

• Humanistic ideas of the 20th century in nobel lectures of writers of russia and asian-oceanian countries

  The article discusses the Nobel lectures of I. Bunin, B. Pasternak, M. Sholokhov, A. Solzhenitsyn and I. Brodsky (Russia), and Kawabata Yasunari and Oe Kenzaburo (Japan), Gao Xingjian and Mo Yan (China). The text analysis is based on studying their assessment of the role of literature and the artist in society. It also researches individual works of writers, allowing correlating the publicistic and the artistic on a literary basis. The purpose of the article is to identify the humanistic content of the creative manifesto of the writers, its relevance in the spiritual dialogue between Russia and the Asian-Oceanian countries.

• Problems of criminal religious extremism in modern society realities and russian legal science advancement

  The objective of this research is analysis of extremism problems. The paper presents theoretical bases analysis of optimizing the system of penal-legal and criminological measures against extremism and development of specific proposals and recommendations on improving legislation and preventive measures against this criminal phenomenon. The questions of phenomenology and tendencies of criminal religious extremism were considered in the study. System-structural analysis of its criminological properties and penal characteristic peculiarities of separate institutionalized and extra-institutionalized forms of religious extremism was conducted. In the study, technical and historical- juridical methods were applied. The study and generalization of theoretical materials of the study field were undertaken. Scientific novelty of the study is expressed, in particular, through such its provisions as definition of the authors’ concept "religious extremism", "criminal religious extremism". The authors analyzed foreign legal models peculiarities of counteraction against religious extremism and its separate kinds. The authors’ understanding of the criminological characteristic of social consciousness and religious extremism development tendencies in Russia is given. Specific personal character traits of an extremist and a factorial complex of criminal religious extremism were described, and limitations of modern Russian legislation, regulating different aspects of struggle against religious extremism, were revealed. Besides, propositions on improving current legislation, regulating liability for crimes, being a subject of this study, were formulated and substantiated, directions of improving penal and special criminological measures against religious extremism were determined; a set of specific revisions and amendments in the Russian Federation legislation was proposed.

• Theoretical approaches to the definition of 'land transfer' and 'land plot transferability' in the russian land and civil law

  The relevance of the problem under study is due to the fact that scientific concepts do not offer a shared vision of the essence of transferability and types of agricultural land plot transfer. Analysis of the problems arising in this sphere provided herein is of major importance to land and civil law. The article is aimed at formulating a theoretical definition of land transfer, which may apply to land plots of any categories not withdrawn from transfer, including transfer of agricultural land plots. The leading approach to the study of the problem at hand is the logical method of system analysis, which allows to educe peculiarities of agricultural land transfer conditioned by specific features of a transferable item. The research article yields the following main results: it uses the data of comprehensive study of the law and specialist scholarly literature to identify the peculiarities of both public and private agricultural land plot transfer and offers the author’s definition of transfer. The article provides arguments for the recognition of public (administrative) transfer as a variety of land transfer. The article justifies the need to specify general principles of determining transferability of land plots of any category, including land plots from agricultural land, in the Russian Land Code. Article materials may be of use when developing the land law theory, expanding the theory of agricultural land transfer regulation, in the elaboration of some fundamental definitions and scientific classifications and in the theoretical justification of lines of improvement of the land transfer law. The theoretical suggestions provided may be used when teaching land law, individual sections in the civil law course and when preparing textbooks, teaching aids and study guides.

• Administrative responsibility of officials for violation of legislation in the implementation of authority to dispose of state and municipal property

  the existing means of rights protection in civil-legal relations of implementing the officials’ authorities of the state and municipal property disposal do not represent an effective legal mechanism, comprehensively securing the rights and interests of the population. In the absence of apparent attributes of criminal actions in the sphere of public property relations, the sanctions of other branches of law are almost never used for legal regulation. The comprehensive (inter-branch) research of the judicial-arbitration practice of officials’ liability when implementing the authorities of the state and municipal property disposal, stipulated by the existing legal norms, will reveal the existing legal problems and enable to make propose for their solution. The leading dialectic method of cognition provided the objective and comprehensive study of the phenomena, while the general scientific methods (systemic, structural-functional, specific-historical, and comparative-legal), general logical methods of theoretical analysis (analysis, synthesis, summarization, comparison, abstracting, analogy, modeling, etc.) and specific scientific methods (methods of comparative legal studies, technical-juridical analysis, specification, interpretation, etc.) allowed proposing the draft of the new Article 7.24.1 of the Russian Code on Administrative Offense "Violation of the legally stipulated order of disposal of real estate and land plots within the public (state or municipal) domain". The Article stipulates administrative punishment for officials: warning or disqualification for the period of one to three years. The research develops and expands the theory of the institution of officials’ liability when implementing the authorities of the state and municipal property disposal. The proposal for improving the legal mechanism of the officials’ liability and introducing its new type is aimed at bringing the existing administrative legislation into line with the challenges of time and the current reality. This will reduce the level of corruption of the municipal authorities.

• Business climate in the russian federation considering the relations between entreneurs and tax authorities

  taxation builds financial relations between the state and legal entities or individuals. Acting as part of the economic policy of the state, an adequate tax system ensures the effectiveness of the main components of the economy, the development of entrepreneurial initiatives and meeting the basic needs of the country. The article examines the impact of the tax system on business climate, identifies the main reasons for tax evasion by businessmen in the Russian Federation and proposes ways of creating adequate tax relations between the state and enterprises, thus increasing business activity. According to the results of the survey that involved 300 managers of small, medium and large enterprises, almost half of entrepreneurs (47%) consider tax burden as the main problem hindering economic activity in Russia. The entrepreneurs believe tax authorities represent a considerable obstacle to business.

• Legal regulation of state - society partnership

  The importance of the present paper lies in ensuring guarantees of domestic stability and stepwise development of the country, a crucial role in which belongs to the ability of law to effectively respond to external and internal challenges through stimulating evolvement of positive processes in social and political and social and economic life and protecting society from the impact of negative factors. State and society partnership is a newly appeared phenomenon in the system of social relations, which began to exponentially develop under the influence of technological (digital) revolution; it is related to gradually blurring the boundaries between public and private spheres, and establishing the whole new relations of partnership between state and society. Hence, this paper is aimed at identifying and revealing the legal nature of partnership (subject-subject) relationship between state and society in the present-day conditions, and developing theoretical and methodological approaches and practical opportunities for setting up an effective constitutional and legal regime in the mentioned sphere of social relations. A broad and restricted understanding of the state-society partnership category has been suggested.Theoretical analysis and empirical method are the key approaches to study the problem in question. They allow to consider in an integrated manner the degree, to which the problem is examined by the leading scientists, and some practical aspects of the stated problem. The paper presents the results of studying institutionalism of partnership relationship between state and society, contemporary conceptual approaches and legal analysis of state-society partnership, problems of its categorical framework, international experience of legal regulation of state-society partnership. The main problems have been identified, and the author’s classifications and viewpoints have been suggested in the course of studying. The paper materials are of practical value for governmental authorities, civil society institutions, scientists-legal experts, whose academic interests involve studying the problems of legal regulation of interaction between state and society.

• Illegal receipt of a credit: formal legal analysis, qualification and judical practice

  The aim of this article was to identify legislative and law enforcement problems, to formulate scientifically sound legal positions regarding the doctrinal interpretation of the criminal legislation of the Russian Federation and to improve practical application through a comprehensive legal study of the corpus delicti associated with the illegally receipt of a credit or a credit fraud. The theoretical basis for this research was the works of scientists and practicing lawyers who thoroughly analyzed the issues of crimes in credit and finance. The methodological basis included systemic, comparative legal, formal legal and sociological research methods. The empirical basis of the study was the open data of Russian ethic and legal statistics on credit frauds, the results of criminological and criminal law studies, the directives of the Supreme Court of the Russian Federation on judicial practice, the results of the analysis of criminal cases on credit crimes. Based on the conducted research, generalization of the materials of judicial practice, the authors identified the specifics of the target, object, subject, objective and subjective sides of the illegal receipt of a credit, qualification and delineation from related corpora delicti. The formulated provisions and conclusions can be used for developing proposals on improving legislation on the constructive elements of the illegal receipt of a credit and a credit fraud. The research results can be used for accurate qualification of committed socially dangerous acts within criminal law to ensure the uniform application of legal norms concerning the liability for the illegal receipt of a credit by the pre-trial investigation bodies and courts.

• Renovation of systems and technologies to make production as an effective regional management condition

  The article studies the orientation of professional potential of improving technologies with the goal of making production as an effective way to ensure the effectiveness of regional management, discloses the mechanisms for management professional potential transformation into the indicators of its effectiveness and efficiency. They provided the data of the sociological study "Professional potential reproduction system development among regional management personnel”. The result of the study in this direction was the developed cumulative technology for computer assessment of the competence potential among regional management employees, which includes three blocks: assessment unit, planning unit, and control (correction) unit.

• Sustainable economic development model for agricultural holdings based on effective corporate governance

  During the last years of the post-crisis period, numerous barriers that have hindered the effective functioning of crisis integrated structures in the agro-industrial complex were especially hard. This situation forces top managers to apply the strategy of their division into highly specialized firms immediately after the consolidation of assets. The result of this situation is that the Russian agro-industrial complex loses the possibility of large-scale involvement of the scientific, technical and organizational potential of integrated structures, which, in theory, should act as the leaders in the modernization processes of the national agrarian economy. The next global economic crisis, weighed down by the sanctions of the United States, the EU and several other countries, exacerbated the problems of technological modernization temporary boundaries for agro-industrial complex, which at that time became a strategically important economy sector due to a significant decline of GDP in 2014-2015 and worsened the socio-economic situation of the Russian Federation in the international division of labor. All previous years, the approaches to the development of integrated structures were not of a systemic nature, were not always an effective result of random searches and the development of tools to increase their macroeconomic performance. This situation could not but veil the importance of large integrated formations in the implementation of agricultural sector modernization goals in the national economy. It should be noted that nowadays there is a lot of research work on the theoretical and empirical analysis of the modernization potential possibilities of large agro-industrial groups. At the same time, there is an urgent need to systematize new developments on the problems of building up the competitive advantages of integrated structures, which will make it possible to modernize the national agro-industrial complex and adapt the experience of advanced countries to Russian realities.

• Modern system of taxation of real estate objects

  Taxation has long been an integral part of the functioning of the state, and if earlier the so-called “taxes” were used exclusively for the ruling elite and the bureaucratic apparatus, today taxes, forming the state budget revenue item, are subsequently redistributed to support programs various spheres of society, be it medicine, education, science, etc. The article is devoted to the study of the modern system of taxation of real estate, in particular, the specific features of real estate as objects of taxation, the main types of property taxes, regulatory legal acts in the field of taxation, as well as the advantages and disadvantages of the tax structure of the Russian Federation.

Documentos em destaque

• Reflexos das representações sociais de gênero no funcionamento da guarda compartilhada

  Este artigo objetivou analisar os reflexos das representações sociais de gênero no funcionamento da guarda compartilhada, considerando a visão dos operadores de direito e das famílias de Viçosa/MG, em que essa modalidade de guarda foi aplicada. Para tanto, utilizouse de uma abordagem qualitativa,...

• Entraves da Lei Maria da Penha no combate à violência contra mulher

  A violência contra mulher só ganhou maior notoriedade no Brasil com a Lei nº 11.340. Embora essa legislação tenha se tornado o principal instrumento para coibir a violência doméstica contra a mulher, esta ainda se constitui a forma mais prevalente de violência de gênero. A questão central deste...

• Violência obstétrica: a relação entre a violação do direito à assistência obstétrica humanizada e o patriarcado

  A presente pesquisa tem como tema a violência obstétrica e trata da relação entre a violação do direito à assistência obstétrica humanizada e o patriarcado. Este tema é extremamente relevante, uma vez que apesar de atingir grande parte das mulheres brasileiras, essa violência é invisível. Essa...

• Feminicídios e possíveis respostas penais: dialogando com o feminismo e o direito penal

  O vocábulo feminicídio remete diretamente o pensamento ao tema do homicídio de uma mulher ou, minimamente, que o debate em questão se trata da reivindicação para que este homicídio seja penalmente tratado de uma maneira especial. O caminho aqui percorrido aborda o feminicídio como um fenômeno...

• Grupos de reflexão sobre gênero com homens acusados de violência doméstica: percebendo vulnerabilidades e repensando polarizações

  Este trabalho tem por desígnio desconstituir o conceito dualista de agressor/carrasco-ofendida/vítima, no contexto da violência doméstica. Para tanto, centra-se na transmutação do olhar repressor para o pedagógico em relação aos homens autores de violência, como forma de garantir maior eficácia das ...

• Direito e gênero: a contribuição feminista para a formação política das mulheres no processo de (re) democratização Brasileiro

  Na incessante busca por direitos, o movimento feminista (e de mulheres organizadas) teve uma influência significativa para a valoração de novos espaços públicos e de novos sujeitos político-sociais, assumindo uma dimensão claramente reivindicatória e transformadora, lutando não apenas por...

• El estrés de las madres con hijos/as con síndrome de down: análisis descriptivo de una muestra española

  El artículo describe el estrés de una muestra de madres españolas de niños con síndrome de Down entre 0 y 12 años, a partir de una tesis doctoral que estudió la adaptación familiar a la llegada de un niño con síndrome de Down aplicando para ello el modelo Doble ABCX de McCubbin y Patterson (1983)....

• Violência contra à mulher e perspectivas de ações programáticas: o sentido estrutural da violência direta e indireta

  O artigo discute a questão da violência contra à mulher na relação entre o sentido legal e o aspecto material de ações. Procura situar a diferença entre a inscrição da violência na ordem jurídica e a necessidade de ações paralelas que atuem sobre elementos da estrutura social, ou seja, tratar a...

• Entre a ação política das mulheres e a participação das mulheres na política: o que estamos negligenciando?

  O presente estudo analisa a participação política das mulheres a partir de uma distinção entre ação política e participação na política. O primeiro sentido, o de ação política, está, neste estudo, vinculado a autores como Maquiavel, Arendt e Agamben, enquanto o segundo, o de participação na política...

• Cotas de gênero na política: entre a história, as urnas e o parlamento

  baixa participação política das mulheres está relacionada a uma história marcada pela sua exclusão da vida pública, espaço que foi restrito aos homens, e ao seu confinamento às tarefas domésticas. Tendo por base essa constatação e a construção histórica dos direitos políticos das mulheres, este...