Legal term in dictionaries: treatment regimen. Legal concepts, categories, terms

1. Axiology of state and law(Greek axia - value) - the doctrine of the place of state and law in the system of other world and human values

2. Act of application of law - an authoritative, individual decision of a law enforcement agency on a specific legal matter

3. Analogy of law - resolving a case on the basis of a rule governing similar, analogous relationships.

4. Analogy of law- resolving a legal case based on the principles of law

1. Anthropology of State and Law(Greek anthropos - man) - the doctrine of the importance of the state and law in human life, the influence of human nature on the state and law and, vice versa

6. State apparatus- a system of state bodies exercising state power.

1. Guarantees of legality - a system of means ensuring the process of actual implementation of the rule of law in practice

9. Hypothesis- an indication of the conditions under which the norm applies.

1. Epistemology of state and law(Greek gnosis - knowledge and logos - teaching) - the doctrine of the sources, principles, forms, means and methods of cognition of state and legal phenomena

11. Government - a special order of organization (device) and use of force capable of solving the affairs of the whole society .

1. State- is a political and legal institution of a single, universal, sovereign power that has a monopoly on the use of legal public coercion and the creation of legal (legal) norms.
2. Civil society- part of public life that is not controlled by the state; a certain stage of development of society, which is based on certain criteria for mutual cooperation and interaction between the state and society as a whole
3. Citizenship- the political and legal connection of a person with the state, which is embodied in the interconnected rights and responsibilities of the individual and the state.
4. Capacity- this is a real opportunity for an individual, through his actions, to independently exercise rights and responsibilities; occurs after reaching a certain age and depends on the mental and physical state.

16. Tortibility– the possibility (ability) established by law to bear legal responsibility for an offense committed.

17. Disposition- part of a legal norm containing an indication of the rights or obligations granted by the subject of law

18. Law- a normative act adopted by the highest legislative bodies of the state, which is aimed at regulating the most important social relations and has the highest legal force.

19. Legality- the requirement of strict and strict execution of laws by state bodies, officials, as well as local government bodies in the process of exercising their state powers.

20. Legislative initiative- a proposal coming from a competent person to adopt a new law

21. Legislation - the totality of current laws, by-laws, as well as other sources of law.

22. Individual regulation - power influence on human behavior with the help of one-time, personalized, specific instructions.

23. Incorporation- a form of systematization in which external processing of normative material occurs without changing the internal content of normative acts.

24. Execution of rights - implementation of legal obligations established by legal norm

25. Use of the right- implementation of subjective rights provided for by legal norms

26. Codification – a law-creating form (method) of systematization, during which new legal norms are added to the internal content of a normative act, the content of existing legal regulations changes, and old norms are removed.

27. Conflict of laws- contradiction between norms

28. Consolidation- a form of systematization in which several normative acts regulating similar social relations are combined into one single normative act

1. Confederation – a form of government that, unlike a federation, has less strong state unity and is formed by states to achieve specific goals.
2. Corporate standards - rules adopted by non-governmental and public organizations aimed at regulating intra-organizational relations between members of these organizations;
3. Protection measures- methods for restoring violated rights enshrined in law;
4. Local government- a form of exercise by the people of their power, ensuring, within the limits established by national legislation, the independent and under their own responsibility decision by the population directly and (or) through local government bodies on issues of local importance based on the interests of the population, taking into account historical and other local traditions

33. Methodology of the theory of state and law- this is the doctrine of techniques and methods of understanding state-legal reality, as well as their application in the process of cognitive activity.

34. Methods of legal regulation - techniques, methods of legal influence on public relations

35. State mechanism- the totality of all government organizations that, one way or another, participate in the implementation of government functions

36. Legal regulation mechanism - a system of special legal means with the help of which the direct, targeted influence (regulation) of the right to public relations is carried out

1. Monarchy - a form of government in which the bearer of supreme, sovereign power for life is most often one person (emperor, king, shah, sultan, etc.).
2. Moral standards - rules regulating people's behavior in accordance with established ideas in society about “good and evil”, “just and unfair”, “good and bad”;
3. The science- a system of knowledge about the surrounding world, which is expressed in the form of ideas, concepts, theoretical concepts that reflect the patterns of the reality surrounding a person.

40. Rule of law- a generally binding, formally defined, authoritative judgment (instruction) of a general nature, which expresses the state will, is established and ensured in its execution by the state to regulate social relations.

41. Regulatory protection of public relations - this is the influence on human behavior with the help of general rules in order to protect social relations from possible and committed violations.

42. Regulatory regulation of public relations - influencing people’s behavior with the help of general rules in order to streamline social relations, maintaining them within “specified limits.”

43. Legal act- an official document of the competent authorities, which contains new legal norms, changes or terminates existing legal norms.

44. Object of legal relationship - what people enter into legal relations for; what the interests of its participants are directed towards.

45. Customs - rules of behavior that have developed in society as a result of repeated repetition and are carried out by force of habit

1. Ontology of state and rights and (Greek ontos - existing) - the doctrine of the essence of state and law, their principles, the basic principles of their existence (being)

47. State organ- a collective (individual person) with a certain competence, state power, acting on a legal basis, which manages the company on behalf of the state that founded it.

1. Local government bodies (municipal bodies) - bodies elected directly by the population and (or) formed by the representative body of the municipality, vested with their own powers to resolve issues of local importance
2. Legal responsibility- the obligation of the offender to undergo state condemnation in the form of application in a special procedural order of compulsory adverse measures for the offense committed.

50. Branch of law- an element of the legal system, a set of norms that, in a similar way, regulates a block of separate (similar) social relations.

1. Policy- solving socially significant problems, managing the affairs of society as a whole.
2. Politic system(in a narrow sense) - a set of state and non-state formations (organizations, associations) participating in the management of society; (in a broad sense) - all political public life
3. Potestary power- power based on force.

54. Right- a system of generally binding regulations of a general nature that express the state will, are established (sanctioned) by the state, ensuring their implementation and regulating social relations in order to ensure order and organization of social life.

55. Legal ideology- scientific level of legal consciousness, a system of theoretical knowledge, principles, scientific ideas about legal existence.

56. Legal culture- the legal atmosphere that exists in society; consists of many phenomena: legal consciousness, legal behavior, materialized in legal values ​​cultivated in society, the activities of legal institutions, legislation, etc.

57. Legal psychology- a set of practical knowledge, skills, feelings, emotions and ideas about law and other legal phenomena.

58. Legal system- taken in unity, the totality of all legal phenomena that form the actual legal life of any society

59. Legal education– purposeful activities of the state, its officials and government bodies, as well as non-governmental organizations, work collectives and individuals to form a high level of legal consciousness and legal culture.

1. Constitutional state- a state where the rule of law “reigns”, and state power is limited by the requirements of democratic legislation.
2. Legal consciousness - a set of ideas, views, theories, principles, as well as feelings and emotions of people about legal reality, “legal existence”.

62. Law Institute- a stable group of norms, identified, as a rule, within a separate branch of law, which regulate homogeneous social relations.

63. Legal custom- a form of law in which individual customs, with the permission (sanction) of the state, are given legal significance.

1. Legal status of the individual - the legal status of a person in a state-organized society, the legal expression of the measure of freedom that an individual has

65. Lawful Conduct- socially significant, legally permissible activity that meets the requirements of legal norms.

1. Offense- an unlawful, socially harmful, guilty act (action or inaction) of a person capable of delict.

67. Legal relationship- legal connection of the parties (participants in the legal relationship), which consists in their mutual subjective rights and legal obligations

68. Law and order- a set of social relations corresponding to law; the state of their orderliness, formed as a result of the practice of implementing legal norms that has developed in society

69. Legal capacity - the ability of a person to be the owner of rights and obligations established by law; it is inherent in an individual from the moment of birth and exists until the end of his life

70. Legal personality- coincidence of law and legal capacity in one person.

71. Subject of legal regulation - those social relations that are regulated by law.

1. Subject of the theory of state and law- general patterns of emergence, development and functioning of state legal reality.

73. Application of law- managerial, procedural, power activities of authorized (competent) subjects to implement legal norms by considering specific legal cases and making individual decisions - acts of application of law.

74. Principles of organization and activity of the state apparatus- basic principles, main requirements that are taken into account when creating government bodies and are presented to their practical activities.

75. Principles of law- the basic principles in which the essence of law is expressed

76. Gap in law - absence of a norm regulating existing relations that objectively require legal action

77. Simple (unitary) state - single state, inside which there is no components having signs of statehood

78. Realization of the right- implementation of the requirements of legal norms in real life, achievement of the goals of legal regulation.

1. Religious norms - rules that regulate human behavior based on ideas about the divine and sacred.
2. Republic - a form of government in which supreme power in the state belongs to persons elected by the population of the country

81. Sanction- part of a legal norm that specifies measures to ensure its implementation.

82. Legislative system(in a broad sense) - the totality of laws, regulations and other sources of law in force in a given society; in the narrow sense - the totality of existing laws

83. System of normative social regulation– the totality of all social norms operating in society

84. Systematization of legal acts- activities to streamline normative acts, bring them into unified system for efficient and convenient use.

85. Systematicity of law - an objective property of law, which lies in the unity and consistency of all legal norms and their simultaneous division into separate branches and institutions.

86. Respect for the law - implementation of prohibitory norms

1. Composition of the offense- signs of an offense established by law, the presence of which is, according to the imperative judgment of the legislator, the only and sufficient basis for bringing a person to legal liability.
2. Social purpose of the state- final, the main objective, the historical mission of the state.

89. Social norms- rules of behavior that regulate relationships between people,

1. Sociology of State and Law(Latin societas - society) - a doctrine that explores the place and role of the state and law among other social institutions and phenomena
2. Special legal guarantees legality - actual legal means ensuring the implementation of legal requirements.

92. Subject of law– a person who may have subjective rights and legal obligations

93. Subject of legal relationship- a person who has subjective rights and legal obligations

94. Subjective law- type and measure of possible behavior of the authorized person.

95. Theory of Government and Rights - political and legal science that studies are common patterns of emergence, development and functioning of state-legal reality.

96. Technical standards - rules of behavior that regulate a person’s attitude to technical means, tools, and nature in general

1. Typology of the state– a type of classification based on the most essential, most stable and deep-seated properties of the state

98. Interpretation of law- understanding and explaining the meaning of legal norms

99. Accounting for regulations– the simplest, “primary” systematization of normative material, carried out in journal, card index, or automated forms

1. Federation- a state-legal union (unification) of several state entities, as a result of which a new state is formed
2. Form (source) of law- officially established methods expression and consolidation of legal norms in which the state will is expressed.
3. State form- a way of organizing and exercising state power.
4. Form of government - principles of organization of state power in territorial terms; division of state territory within the country into component parts, the legal status of these parts, mutual rights and obligations of central and local authorities, the extent of their mutual responsibility.
5. Form of state legal regime- a set of methods for exercising state power
6. Form of government- principles of the structure and relationships of the supreme (highest) bodies of state power.
7. Forms of implementation of state functions- activities of state bodies similar in their characteristics, through which the functions of the state are realized.

107. The function of the state is objectively necessary, authoritative, purposeful management influence of the state in certain areas of social relations, aimed, ultimately, at preserving a given society, ensuring its integrity and vital activity.

108. Function of law- the direction of legal influence on social relations, which expresses the essence and social purpose of law in society

109. Legal duty- type and measure of proper, necessary behavior

110. Legal technology- a set of tools, techniques and rules used in the process of development, publication and execution of legal documents

111. Legal (actual) composition- a set of several legal facts necessary for the occurrence of legal consequences

112. Legal act- a lawful act that the subject of a legal relationship commits, knowing about the legal consequences and for the sake of achieving them

113. Legal action - a lawful act that a person commits without knowing about the legal consequences or knowing, but not wanting them to occur.

114. Legal precedent - a form of law in which the decision of a court or other competent authorities on a specific legal case and in relation to a specific person becomes a generally binding rule, a “model” for resolving all similar cases in the future.

115. Legal fact- a specific life circumstance with which the law connects the emergence, change or termination of legal relations

1. Entity - an organization that has internal organizational unity (structure), its own separate property, can act on its own behalf in court and is capable of bearing property liability for its obligations.

contents Topic 1. Subject and method of the theory of state and law... Topic 2. Origin of state and law………… Topic 3. Concept, essence and social purpose of the state………………………… Topic 4. Forms states………………………… Topic 5. Functions of the state……………………………. Topic 6. The state in political system society… Topic 7. State mechanism………….………………... Topic 8. Concept of law………………………………………………………. Topic 9. Legal norm………………………………………. Topic 10. Law in the system of social regulation…. Topic 11. Lawmaking and forms (sources) of law… Topic 12. System of law………. Topic 13. Legal awareness and legal culture Topic 14. Legal relations……………… Topic 15. Realization of law….……………….. Topic 16. Legal behavior……………………... Topic 17. Legal responsibility…………… Topic 18. Legality and order…………….. Topic 19 State, law and personality………………… Topic 20 Rule of law and civil society… Dictionary of legal terms… ………………… Table of contents……………………

Euthanasia (from Greek. ee- good and thanatos- death) - the deliberate acceleration of death or the killing of an incurable patient in order to end his suffering. The issue of the admissibility of euthanasia remains controversial.

The prosecutor's office, the judiciary, and their officials may also issue regulations. However, these bodies are usually not considered among law-making bodies, since the regulations adopted by them are of a narrow departmental nature, are issued for the purpose of internal operational management of these bodies and apply, as a rule, only to employees of these departments.

A more detailed description of offenses and objectively unlawful acts is given in the topic “Legal Behavior”.

“allow and not interfere” – French)

2.5. Basic terms and definitions

Absenteeism- a phenomenon of political life characterized by the reluctance of voters to take part in elections to representative bodies of power.

Autonomy- a certain degree of independence of individual territories of the state, subjects of the federation.

AUTHORITARIANISM- a form of power concentrated in the hands of one person or in one authority; manifests itself in the form of coercion of subordinates to carry out the will of the leader, accompanied by suppression of the independence of subordinates.

ADMINISTRATIVE RESPONSIBILITY- a type of legal liability expressed in the application by an authorized government body or official of administrative punishment to the offender.

ADMINISTRATIVE JURISDICTION- distribution of objects and affairs that are in charge of separate executive authorities.

ADMINISTRATIVE PUNISHMENT- a measure of responsibility established by the state for committing an administrative offense, which is used to prevent the commission of new offenses both by the offender himself and by other persons.

ADMINISTRATIVE OFFENSE- an unlawful, guilty act of an individual or legal entity for which administrative liability is established by the administrative legislation of the Russian Federation or the laws of the constituent entities of the Russian Federation.

ACTS OF CIVIL STATUS - the main events in a person’s life that are subject to mandatory registration with state civil registry authorities, also known as the record of these events.

ALIMONY OBLIGATION - a family legal relationship that arises on the basis of an agreement of the parties or a court decision, by virtue of which, in cases provided for by law, some family members are obliged to provide maintenance to other members, and the latter have the right to demand it.

ALIMONY- funds for the maintenance of some family members. Basis of alimony obligation – legal registration of family relations: marriage, adoption of children, etc.

Anarchy- anarchy, anarchy, a mode of organizing society that excludes state power and is based on the idea of ​​self-government of various social communities.

RENT - payment for property provided by lease. The amount of rent is determined by agreement between the tenant and the lessor, and in the case of leasing state property - on the basis of standards approved by the relevant state authorities or local government.

ASOCIAL- going against current social norms.

LESSOR- the owner of the property who rents it out.

BASIS- economic basis of society; according to Marxist theory - a set of production relations corresponding to a certain level of development of the productive forces.

UNKNOWN MISSING - a citizen whose place of stay during the year there is no information at his place of residence and if he is recognized as such by the court.

Safe working conditions- working conditions under which exposure to harmful and (or) hazardous production factors on workers is excluded or their exposure levels do not exceed established standards.

Unemployed- able-bodied citizens who do not have work or income are registered with the employment service in order to find suitable work, are looking for work and are ready to start it.

HOMELESS - minors who do not have parental or government care, permanent residence, age-appropriate positive activities, necessary care and medical care, systematic education and upbringing. In sociology, this phenomenon is also called social orphanhood.

BENEFIT- All necessary for a person, brings benefits to him, creates pleasure, life comfort, well-being, prosperity, and is able to satisfy people’s vital needs. This is free land, air, water of rivers, lakes, seas, oceans, flora and fauna of nature, the so-called natural resources. Economic benefits are created by people's labor and are the result of their production activities. Therefore, economic goods are paid, bought and sold, inherited, can be given, provided by the state to people who need them.

CLOSE RELATIVES - Relatives in a direct ascending or descending line are recognized (parents and children, grandparents and grandchildren, full-blooded or half-blooded (having a common father or mother) brothers and sisters).

MARRIAGE- a legally formalized voluntary equal union of a man and a woman, concluded for the purpose of creating a family and giving rise to personal and property rights and obligations for the persons who entered into it.

AGE OF MARRIAGE - the age of eligibility to marry. Established at 18 years of age with the right to reduce it to 16 years of age at the request of the spouses (if there is good reasons) by the local self-government body at the place of residence of these persons. The laws of the constituent entities of the Russian Federation may allow marriage, taking into account special circumstances, from the age of 14.

MARRIAGE CONTRACT-an agreement between persons entering into marriage or being married, defining the property rights and responsibilities of spouses during marriage or upon its dissolution.

THINGS- objects of the external world that can satisfy the various needs of people. There are things immovable(objects firmly connected to the ground, the movement of which is impossible without causing significant harm to them) and movable(including money and securities).

Time relax- the time during which the employee is free from work labor responsibilities and which he can use as he pleases.

POWER- 1) the ability and ability to dispose, exercise one’s will, manage people, objects, processes with the help various means, for example, power, authority, tradition, law, money; 2) authorities that are given the authority to exercise power. There are legislative, executive and judicial authorities. Power in an organization belongs to its owners and managers. Power in a country or region belongs to legally elected or appointed bodies in accordance with the law and current regulations. In the management of an organization, power is a social relationship that presupposes the obligatory fulfillment of the will of the leader by his subordinates, conditioned by his having the rights and opportunities to manage his subordinates. Types of power: legitimate (legalized right to influence others); charismatic (based on the authority of a charismatic leader); functional power (based on official position).

STATE POWER- 1) the right, opportunity and ability of the state to influence, through state bodies and officials, the destinies, relationships and activities of people using various means and methods; 2) the system of relevant institutions and government bodies that make government decisions; 3) persons vested with appropriate authority.

POWER IS LEGITIMATE- the ability and opportunity to have a decisive influence on the activities and behavior of people with the help of legal rights; the legal right of a subject (individual or group) to impose its will on other people or organizations, despite opposition from them. Its most important type is political power - the real ability of a given class, group, or individual to carry out its will, determined by objective needs and interests. The main means of exercising legitimate power are politics, administrative acts, and legal norms; it is realized through power, authority and influence.

EXECUTIVE POWER- the public authority that directly ensures the application of the rules of law, which is entrusted with the function of executing laws adopted by the legislative branch (parliament). Represents a set of powers to manage all state affairs and the system of government itself. The executive power in the Russian Federation is represented by the President (head of state) and the Government of the Russian Federation. At the regional level, executive power is exercised by various bodies of territorial administration and local self-government - senior officials of the constituent entities of the Russian Federation.

JUDICIAL POWER- 1) independent independent power; includes courts represented by judges and jurors, people's and arbitration assessors; 2) the legal status of courts, their place and position as special bodies of state power; it is the very exercise of judicial authority.

WILL- the mental process of conscious management of activity, manifested in a person’s ability to overcome limitations, difficulties and obstacles on the way to the goal. Overcoming obstacles and difficulties requires volitional effort - a special state that mobilizes a person’s physical, intellectual and moral strength.

Universal suffrage- civil law, legally enshrined, fixing the possibility and necessity of participation of citizens of the state who have reached a certain age in elections, as well as to be elected to elected bodies of state power.

Gerontocracy- “the power of the elders”, a type of form of government in which ruling elite consists mainly of elderly people. This leaves an imprint on their political consciousness, which manifests itself in conservatism, inertia, stagnation of thinking and reluctance to allow necessary changes.

HEAD OF STATE- the highest official, considered the bearer of executive power and the supreme representative of the state in the sphere of foreign policy relations; elected to office by popular vote; In the Russian Federation, the head of state is the President of the Russian Federation.

PUBLIC ADMINISTRATION- practical organizing and regulatory influence on social life in order to streamline, preserve or transform it, based on state power.

STATE DEBT- the amount of state debt to internal creditors (internal debt) and external creditors (external debt).

GOVERNMENT AUTHORITY- an institution created in accordance with the established procedure, performing one or more functions on behalf of the state in accordance with its purpose, possessing organizational unity, its own competence and powers.

STATE MECHANISM- a system of state bodies that carry out its tasks and functions.

POLITICAL SYSTEM- a system of social, economic and political-legal relations established and secured by the norms of constitutional law.

STATE- an organization of public power that promotes the primary implementation of specific interests within a certain territory.

CITIZEN- 1) a person who has the entire set of rights and obligations provided for by the laws of the country, who has citizenship (see: citizenship) of this state; 2) a person with political and legal culture; moral person.

CIVIL CODE- a codified act, code, set of legislative provisions regulating property relations in the Russian Federation, contractual obligations, property and non-property relations, business activities in which citizens and legal entities participate.

CIVIL DEFENDANT - a person held accountable in a claim by an interested party, an alleged violator of a right.

CIVIL SOCIETY- the variety of relationships between free and equal individuals not mediated by the state.

Civil liability– occurs for violation of contractual obligations of a property nature or for causing property damage of a non-contractual nature. The basic principle of civil liability is full compensation for harm.

CITIZENSHIP- a stable legal relationship between a person and the state, expressed in the complex of their mutual rights, duties and responsibilities.

GROUP SOCIAL- a relatively stable set of people united by common interests, values, norms of consciousness and behavior. In a broad sense, the concept of “social group” covers any social association of people - from family to society as a whole. In sociology, a social group is understood in a narrower sense - as a collection of individuals united for the sake of realizing certain personal, collective and public interests and goals, interacting in a certain way. Members of a social group relate themselves to it, feel like participants and are recognized as its members. The category “social group” is basic in relation to the concepts of “class”, “social stratum”, “nation” and other communities of people.

CAPACITY- the ability of a person to exercise rights and obligations through his actions, associated with the age and mental properties of a person.

Declaration- an announcement, a statement on behalf of the government or party, proclaiming the main political and ideological goals.

DEMOCRATIZATION- a process aimed at limiting the hierarchy of leadership, autocracy through the involvement of the people in management processes, establishing an order that focuses on the interests of the majority, equalizing people in rights and responsibilities.

DICTATORSHIP- unlimited, absolute power.

Discrimination- intentional restriction or deprivation of the rights, advantages of any persons, organizations or states on any grounds (race, nation, political and religious beliefs, etc.).

Labor discipline- obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code, other laws, collective agreements, agreements, employment contract, local regulations of the organization.

Long-term marital relationship- marital relations of legally married persons lasting more than 10 years.

HONEST SPOUSE - a spouse whose rights are violated by the conclusion of a marriage declared invalid.

VOLUNTARY PROPERTY REGIME FOR SPOUSES - the procedure for owning, using and disposing of property acquired by spouses during marriage, established by the marriage contract.

AGREEMENT- an agreement between two or more persons aimed at establishing, changing or terminating mutual rights and obligations (obligations).

DONATION AGREEMENT - a civil contract under which one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself or to a third party, or releases or undertakes to release it from a property obligation to himself or to a third party by a third party.

RESIDENTIAL PREMISES LEASE AGREEMENT- a civil law agreement under which one party - the owner of the residential premises or a person authorized by him (the lessor) - undertakes to provide the other party (the tenant) with residential premises for a fee for possession and use for living in it.

UNITY OF POWER- 1) execution of legislative, executive and control functions by one branch of government with the primacy of the legislative branch; 2) an organizational principle and an adequate diagram of the management structure, which provides for the subordination of any employee to no more than one superior person in accordance with the rule “my boss’s boss is not my boss.”

Half-brothers (sisters)- brothers (sisters) on the father's side with different mothers.

Half Brothers (Sisters)- maternal brothers (sisters) with different fathers.

LIVING PREMISES- an isolated premises that is real estate and suitable (meets the requirements of the law, established sanitary rules and standards) for permanent residence of citizens.

Strike- temporary voluntary refusal of employees to perform labor duties (in whole or in part) in order to resolve a collective labor dispute.

Wage- remuneration for labor depending on the employee’s qualifications, complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments.

LAW- a normative legal act of the highest government body, adopted in the prescribed manner, binding on the territory of the country and having the highest legal force (priority in relation to other normative acts).

LEGALITY- compliance by all subjects of law with laws and regulations.

LEGAL REGIME OF SPOUSES' PROPERTY - the procedure for owning, using and disposing of property acquired by spouses during marriage, established by the dispositive norms of Chapter. 7 IC of the Russian Federation; This is the regime of joint property of spouses.

PROTECTION OF FAMILY RIGHTS - actions of subjects of family legal relations aimed at ensuring the inviolability of the law, suppressing violations and eliminating the consequences of such violations.

ABUSE OF FAMILY LAW - an offense, which should be understood as the use by subjects of family legal relations of measures of permissible behavior with the intention of causing harm to another.

ABUSE OF PARENTAL RIGHTS - exercise of parental rights to the detriment of the interests of the child.

Malicious evasion of payment of maintenance funds- systematic and persistent reluctance to pay money in amounts established by a court decision for the maintenance of minors, as well as disabled children who have reached the age of eighteen. Also, malicious evasion of payment of alimony may be recognized as the refusal of a person to provide assistance in the maintenance of children for a long time without good reason, since his behavior implies an unwillingness to comply with a court decision.

IDEOLOGY- a system of views and ideas in which people’s attitudes to reality and to each other, reflecting the interests of various social groups and classes, are recognized and assessed.

LEGAL TERMS are:

LEGAL TERMS are means of legal technology with the help of which specific concepts acquire verbal expression in the text of a normative act. Being the primary material for writing rules of law, Yu.t. have cross-cutting significance. Using legal law, the state, represented by its authorities, speaks the language of law and expresses its will: abolishes and changes norms; establishes new rules of behavior; consolidates existing social relations. With the help of Yu.t. any expressions of will take the form of constitutions, current laws, government regulations, ministerial instructions, etc. In the legal literature of Yu.t. are usually divided into three types: a) commonly used terms that are used in everyday speech and are understandable to everyone: b) special legal terms that have special legal content (letter of credit, statement of claim, etc.). Such terms serve to designate. legal concepts, expressions of legal structures, industry typification, etc.; c) technical terms that reflect the area of ​​special knowledge, for example, safety regulations, equipment maintenance, examination of technical solutions, etc. However, commonly used terms can also become legal. Thus, the term “legal space,” which appeared several years ago in the process of parliamentary and journalistic debates, is turning from a commonly used term into a specifically legal one. In order for special legal terms to become clear to all subjects of legal relations, the legislator uses norms that do not directly regulate social relations, but reveal the content of any legal provisions. For example, an administrative offense in administrative law, offer and acceptance in civil law, excise tax in financial law, etc. Such norms are called norm-definitions. Efficiency of Yu.t. depends on how the legislator fulfills a number of rules for legal terminology. These are: a) unity of terminology. It is necessary that the same terms be used to denote the same concepts; b) use of generally accepted terms, i.e. terms should be used in everyday life. Such terms are established by law; c) stability of terminology. It is unacceptable to refuse the used Yu.t. without sufficient grounds. Lit.: Alexei in S.S. General theory of law. In 2 volumes. T. II. M., 1982; P and gol-kin A.S. Legal terminology and ways to improve it. Scientific notes of VNIISZ. Vol. 24. M., 1971; Khabi-bulina N.I. The language of the law and its comprehension in the process of linguistic interpretation of law. M., 1996; Language of the Law/Edited by A.S. Pigolkina. M., 1990. Arzamasov Yu.G.

Encyclopedia of Lawyer. 2005.

DICTIONARY OF BASIC TERMS AND CONCEPTS OF LAW

Absolute monarchy- a form of government in which all power is concentrated in the hands of the monarch, it is not limited by anything, there is no constitution and parliament, and there is no division of power into branches.

Autonomy- a form of self-government of part of the territory of a unitary, and sometimes federal state.

Administrative jurisdiction– the activities of government bodies and officials established by legislative acts to resolve individual administrative cases and apply appropriate legal sanctions in an administrative manner (without going to court).

Administrative-territorial structure– division of the territory of the state into certain parts (regions, districts, provinces, etc.), in accordance with which the system of local authorities is built and functions.

Legal act (legal act)- an official written document that gives rise to certain legal consequences, creates a legal status and is aimed at regulating public relations.

The act of applying the law– an individual, state-authoritative command (instruction) issued as a result of the decision of a legal case.

Acts of official interpretation of a rule of law– legal acts adopted by competent government bodies and officials and containing explanations of the rules of law.

Active suffrage– the right to participate with a casting vote in the election and recall of members of elected government bodies, as well as in referendums.

Analogy of law– a way to bridge the gap, in which a law enforcement decision is made on the basis of a specific norm of a specific law that regulates relations similar to the situation under consideration.

Analogy of law– a way to bridge the gap, in which a law enforcement decision is made on the basis of the principles of law and the spirit of legislation.

Stateless people- linden, who do not have citizenship rights in any state.

Appeal- one of the forms of appealing a court verdict.

Arbitration– a body for resolving property and related non-property disputes, formed by agreement of the parties or by competent authorities.

Blanket dispositions– do not set out the rule of conduct, but refer to the rules, regulations, instructions, etc. for familiarization with it.

Veto– a prohibition imposed by the head of state on a decision of an executive or legislative body.

Power (social)– the ability and opportunity to exert a decisive influence on the activities and behavior of people with the help of will, authority, and violence.

State power– political leadership of society with the help of the state apparatus.

Sanity – normal condition the psyche of a healthy person; is expressed in the ability to account for and manage one’s actions.

Head of State- the highest official, considered the bearer of executive power and the supreme representative of the state in the sphere of external relations.

Hypothesis– part of a rule of law, indicating specific conditions (circumstances), in the presence or absence of which the rule begins to apply.

State machine- a system of state bodies, i.e. bodies through which state power is exercised.

State coercion– this is physical, mental, property or organizational influence carried out on the basis of the law by state bodies, officials and authorized public organizations in order to protect personal, public or state interests.

State sovereignty- a political and legal property of state power, expressing its independence from any other power both within and outside the borders of the state, consisting in the right of the state to independently and freely decide all its affairs.

State structure– internal national-territorial organization of state power, division of the territory of the state into certain component parts, their legal status, relationships between the state as a whole and its component parts.

Government body- a relatively independent, structurally separate part of the state apparatus, endowed with appropriate competence and relying, in the process of implementing its functions, on the organizational, material and coercive power of the state.

State- a sovereign, universal organization of political power, designed to ensure the normal functioning of people, having its own territory, coercive apparatus, creating law and levying taxes necessary to carry out its functions.

Citizenship– political and legal connection of a person with the state.

Civil society- a state of a community of people in a given state that develops on the basis of an individual’s claims to free self-realization in society and the state and self-regulation without arbitrary intervention of the state or with its minimal participation

Grammatical (philological, linguistic, textual) method of interpretation– consists of understanding the meaning of a legal norm based on an analysis of the text of a normative act (the meaning of individual words is clarified, grammatical connections between words are established, the semantic structure of sentences is determined, attention is paid to punctuation marks, conjunctions, and introductory words).

Capacity– the ability of a person to exercise rights and obligations through his actions.

Effect of the normative legal act– mandatory compliance with a law or other legal act for a certain time, in a certain territory (space) and in relation to a specific circle of persons.

Actions– such legal facts that are associated with the will of at least one of the participants in legal relations

Delegated (legal) lawmaking– publication by the government (or other executive authorities) in accordance with the Constitution and other laws or under the authority of parliament of normative acts.

Tort– an act that causes harm to an individual or society.

Tortibility– the ability of a person to bear legal responsibility for the offense committed.

Democracy– democracy; a form of public power of the state based on the recognition of the people as the source of power.

Deformation of legal consciousness– this is its distortion, “destruction” of positive ideas, beliefs, feelings, attitudes, etc.

Dispositive (autonomous) method of legal regulation– a method of influence that provides subjects of law with the opportunity to regulate relations among themselves within the limits determined by law.

Disposition– part of a norm containing a rule of behavior that subjects of law must follow.

Agreement normative content– a bilateral or multilateral agreement between law-making entities containing rules of law.

Executive- a person who performs permanently or temporarily the functions of a government representative, as well as permanently or temporarily holding positions in state or public institutions related to the performance of organizational, administrative or administrative duties.

Doctrinal (scientific) interpretation– explanation of the rules of law by research institutions, individual scientists in articles, monographs, scientific comments, oral and written discussions of draft regulations.

Law– a legal act of the highest legal force, adopted in a special procedural manner by the highest legislative (representative) bodies of state power or a referendum and regulating the most important social relations.

Legality– exact, strict and strict compliance with the execution by all subjects of law of all regulatory legal acts in force on the territory of the state.

Legislative (representative) power- one of three balancing powers in the state, exercised by legislative (representative) bodies elected by the people, with the exclusive right to issue laws.

Legislative initiative– the right to introduce a bill into a legislative institution in accordance with the established procedure.

Abuse of right– the use of subjective right in conflict with its social purpose, entailing a violation of the protected interests of another person.

Impeachment– a special legal procedure that provides for the deprivation of powers of the head of state.

Individual status– records the legal status of an individual (gender, age, marital status, work performed, etc.), it is mobile, dynamic, and changes along with the changes occurring in a person’s life.

Individuals (physical linden)– citizens of the state, foreigners, stateless persons (stateless persons), persons with dual citizenship (bipatrides).

Incorporation– a form of systematization of legislation in which normative acts, without changing their content, are combined into various collections and collections.

Lawsuit– going to court to protect a violated or disputed subjective right.

Executive bodies of state power– bodies designed to ensure the implementation of state policy and execution of laws adopted by representative bodies.

Historical and legal method of interpretation- consists in understanding the meaning of legal norms based on a study of the historical and political conditions of their adoption.

Source (form) of law (in the formal legal sense)- methods of external expression and consolidation of the content of legal regulations, giving them a general and mandatory character.

Casual interpretation- characterized by commitment, individual character, one-time use in relation to a specific case.

Incident- an event, a random action that occurs without the volitional participation of the subjects of legal relations.

Cassation- appeal, protest to a higher court of court decisions that have not entered into legal force.

Quorum- the number of meeting participants required to recognize its decision as valid.

Code- a consolidated act of significant volume, which is a systematic presentation of the norms of a particular branch of legislation or legal institution, regulating in detail and specifically a certain area of ​​relations.

Codification- a form of systematization of legislation in which significant internal processing of legal material occurs, resulting in the creation of a fundamentally new act.

Conflict of laws rules- regulations adopted with the aim of eliminating conflicts, or establishing a procedure for resolving contradictions between legal norms.

Competent (professional) interpretation- an explanation of the meaning of a legal norm, coming from persons knowledgeable in the field of law - legal practitioners, officials, etc.

Competence- a set of rights and obligations of any collective subject of law.

Specific legal relations- legal connections, the subjects of which, at least one of them (the bearer of subjective law), are determined by individualization by name.

Consolidation- a form of legislation in which a set of small acts issued on one or several issues are combined into one enlarged act, without changing their content, but each of the combined acts loses its independent legal significance.

Confederation- represent an association of states that maintain their independence, have their own bodies of state power and administration and at the same time create special joint bodies to coordinate actions for certain purposes (military, foreign policy, economic, etc.).

Legal (permitted, delegated) interpretation– clarification of the meaning of legal regulations, which is carried out by those entities to whom it is entrusted, is permitted.

Logical way of interpretation- consists of studying not individual words, but internal connections between parts of a normative act, the logical structure of legal regulations through the direct use of laws and rules of logic (logical transformations, inferences by contradiction, etc.).

Majoritarian system- a system for determining voting results, according to which the candidate who receives the majority of votes established by law is considered elected.

Local government- a special type of public authority that independently resolves issues of local importance by the population of a territorial community (rural community, district, city, etc.) with financing from local resources and under the responsibility of the population of the specified community.

Method of legal regulation- a set of legal techniques, ways of influencing law on social relations.

Methods of the theory of state and law is a set of techniques and methods by which law and the state are studied.

Mechanism of the state (state apparatus)– a system of government bodies, institutions and organizations through which the implementation of internal and external functions of the state is ensured.

Legal regulation mechanism- a unified system of legal means through which the legal regulation of social relations is carried out.

Monarchy- a form of government in which the supreme state power is formally (fully or partially) concentrated in the hands of the sole head of state - the monarch (pharaoh, king, king, emperor, shah) and in most cases is lifelong and inheritable.

Mononorms- unified, undivided specific social norms (patterns, rules of behavior) of primitive society.

Moratorium- deferment of fulfillment of obligations established for a certain period.

Taxes- obligatory payments established by the state, levied on legal entities and individuals.

Unofficial incorporation- creation of publication of collections by organizations and individuals on their own initiative and without the sanction of competent government bodies.

Unofficial interpretation- an explanation of the meaning of legal norms, which is given by entities that do not have official status and do not have the authority to officially explain legal regulations.

Spicy norm- this is a generally binding, formally defined, state-imperious command of the subjects of lawmaking that regulates social relations.

Normative interpretation- characterized by state obligation, general nature, the possibility of repeated use, and does not lead to the creation of new legal norms.

Legal act– an official written document adopted by competent law-making subjects and containing the rules of law.

Moral standards- rules of behavior that regulate relationships between people based on ideas about good and evil, justice and injustice, etc.

Norms-definitions- regulations containing definitions of legal concepts and categories.

Norms-principles– regulations that express and consolidate the principles of law.

Retroactivity of the law (retroactivity)- extension of the provisions of this law to public relations that took place before it came into force.

Public order- a state of orderliness in social relations, based on the observance and fulfillment by all subjects of all social norms in force in society.

General legal status- the status of a person as a citizen of the state, a member of society (determined by the Constitution of the country, is uniform, the same for everyone, and is characterized by relative staticity and generality).

Object of law- social relations that are subject to legal regulation.

Object of legal relationship – those material and spiritual benefits for which the subjects of legal relations have mutual rights and obligations.

Object of the offense- social relations protected by law, which have been harmed (or the threat of such harm has been created) by a committed offense.

The objective side of the offense- characterizes its manifestation outside; the main elements are the act (action or inaction), its illegality, socially harmful consequences and the causal relationship between the act and the resulting consequences; optional elements are the place, time, method, and setting of the offense.

Ordinary interpretation- clarification carried out by any citizen.

Customs- historically established rules of behavior that, as a result of repeated repetition, have become a habit.

Limited monarchy- an organization of the highest state power, in which the power of the monarch is limited by the constitution or some representative body.

Ombudsman– a human rights ombudsman whose task is to collect information about human rights violations and assist those whose rights have been violated.

Publication of the law (promulgation)- publication of the adopted law in a certain printed publication in order to widely familiarize the public and individual citizens, as well as officials, with its contents.

Judicial authorities- state institutions administering justice.

Relative legal relations- legal relations in which all participants are identified by name (bearers of subjective rights and legal obligations).

Relative events- life circumstances that are not related to the will of the participants in a particular legal relationship, but are related to the will of third parties.

Branch of law- a set of norms regulating homogeneous social relations using its inherent method of legal regulation.

Official interpretation- an explanation of the meaning of legal norms, which is given by authorized entities (state bodies and officials), is enshrined in a special act and is mandatory for other entities.

Parliament- a national representative institution of the state that carries out legislative functions.

Parliamentary (parliamentary) republic- a form of republic, which is characterized by the fact that the government is formed by parties with a majority in parliament and bears political responsibility to parliament

Experiencing the law (ultraactivity)– continuation of the law after its repeal.

By-laws– legal acts containing norms of law adopted by competent authorities or state officials on the basis and in pursuance of the law.

Sub-sector- a set of norms regulating several parties (areas) of homogeneous social relations.

Policy- a field of activity related to relations between various subjects regarding the management of society and the exercise of state power.

Political Party- a voluntary association of people that expresses the will of a given social group and seeks to “conquer” or retain state power, to influence politics in accordance with its program.

Political system of society- a system of all political phenomena that exist in a socially heterogeneous society.

Political (state-legal) regime- a set of techniques, methods and means by which state power is exercised.

Incentive (legal)- a method of legal regulation, expressed in rewarding subjects for certain behavior.

Government- the highest executive body of the state.

Right- this is a system of generally binding, formally defined norms emanating from the state, protected by it and regulating social relations.

Ownership– a set of legal norms that secure and protect the ownership of material goods by certain persons (the right of ownership, use, disposal).

Legal culture- the totality of all values ​​created by man in the legal sphere.

Legal presumption- an assumption according to which a fact or condition is considered to exist until the contrary is proven.

Legal system- a set of interrelated, mutually agreed upon and interacting legal means regulating social relations, as well as elements characterizing the level of legal development of a particular country.

Legal fiction- a non-existent provision that is recognized as existing in accordance with the law and entails corresponding legal consequences.

Legal Impact- ways, methods, forms of influence of law on social relations.

Legal education- a purposeful and deliberate process of influencing people’s consciousness with the goal of forming a high level of legal awareness and legal culture.

Constitutional state- a special form of organization of political power in society, in which natural human rights are recognized and guaranteed, the division of state power into legislative, executive and judicial is actually carried out, the supremacy of legal law and the mutual responsibility of citizens to the state and the state to citizens is ensured.

Legal regulation- purposeful influence on social relations carried out with the help of a system of legal means; a form of regulation of social relations through which the behavior of their participants is brought into conformity with the requirements contained in the rules of law.

Law Institute- a set of norms regulating a certain area (side) of homogeneous social relations.

Legal nihilism- denial of the social value of law, deliberate disregard of the requirements of the law, sharply critical attitude towards the requirements of respect and observance of the law

Legal custom- a historically established rule of behavior sanctioned by the state, to which the state attaches generally binding significance.

Legal precedent (judicial or administrative)- a judicial or administrative decision on a specific legal case, which becomes the norm for all similar cases arising in the future.

Legal status of the individual- legally established position of an individual in society.

Legal relations- volitional social relations arising on the basis of legal norms, the participants of which have subjective rights and legal obligations ensured by the state.

Lawful Conduct- socially necessary, desirable or acceptable behavior of subjects of law from the point of view of the interests of the individual, society and the state, consistent with the rules of law, guaranteed and protected by the state.

Authority– a statutory requirement of an authorized person to perform duties from an obligated party.

Offense– socially dangerous, guilty, illegal act entailing legal liability

Law and order– a state of orderliness of social relations, based on the execution and compliance by all subjects of law with all legal norms in force on the territory of the state.

Legal consciousness– a set of ideas, theories, feelings, emotions, views, moods, etc., which express people’s attitude to the law in effect and desired.

Legal capacity- the ability of a person to have, by virtue of legal norms, subjective rights and to bear legal obligations (arises at the moment of birth and ends with death).

Legal personality (legal capacity)- the ability of a person to be a subject of law.

Lawmaking– development, adoption and publication by the state of special documents containing rules of law.

Preamble- introductory or introductory part of a legislative act.

Subject of legal regulation- a separate part of qualitatively homogeneous social relations regulated by the rules of law.

Subject of the theory of state and law- the most general patterns of the emergence, development and functioning of the state and law.

Subject incorporation- placement of normative legal acts in unified collections on the subject of legal regulation.

Presidential republic- a form of republic in which the president is simultaneously the head of state and the head of the executive branch, is elected by the population or electors, he is free to appoint ministers, and parliament does not have the right to dismiss them either personally or by the entire cabinet.

Crime- the most socially dangerous offense provided for by criminal law.

Application of law- state power, organizing the activities of specific government bodies and officials to implement legal norms regarding specific life cases by issuing individual specific legal regulations.

Principles of law- fundamental ideas, guiding principles that underlie morality, express its essence and determine its functioning.

Legal gap- complete or partial absence of norms, the need for which is determined by the development of social relations and the needs of practical solutions to cases.

IN legal science The definition of the term "legal concept" is vague and ambiguous.

In general, the word “concept” is defined in philosophy as a form of thinking that reflects the essential properties, connections and relationships of objects and phenomena. The main logical function of the concept is to highlight the general, which is achieved by abstracting from all the features of individual objects of a given class. In logic, a thought in which objects of a certain class are generalized and distinguished according to certain general and, in the aggregate, specific characteristics for them. Linguists use a more extensive definition: a concept is a logically formulated general thought about an object, an idea of ​​something, a representation, information about something.

A concept is “a single or general idea with the help of which we mentally consider only the essential features of an object.” Through individual concepts and conceptual systems, fragments of reality studied by various scientific theories are displayed.

Generally accepted ideas about concepts can be correlated with legal phenomena. Therefore, a legal concept can be defined as a phenomenon of a legal order about an object or a set of objects, about the quality or their totality, taken in the most essential and distinctive features. A legal concept is the accumulated meaning of a particular phenomenon that serves to convey legal information.

Most often, legal science divides legal concepts according to their scope, and therefore their significance, into: general legal ones, which are significant for the entire system of legal sciences, all branches of law and legislation (“state”, “law”, “legal norm”, etc. ); intersectoral, relevant for a number of branches of law and legal science ("misconduct", "material liability", "necessary defense", etc.); sectoral concepts - the effect of the latter is determined by the boundaries of a particular branch of law and the relevant legislation ("crime", "labor agreement", "easement", etc.).

It should be noted that legal concepts cannot be identified with legal terms, which is sometimes found in the literature. So E.S. Shugarina believes that the word “term” is synonymous with the word “concept”.

A term is “a word or phrase that is the name of a special concept of any sphere of production, science or art.” Accordingly, the purpose of a legal term is to give a name to the corresponding legal concept. Thus, the concept is a category of logic, and the term is a category of linguistics.

M.I. Kovalev suggests that “concepts do not directly reflect real reality, they are closer to the essence of the phenomenon, the content of concepts in a condensed form is fixed in verbal definitions, thanks to which we are able to distinguish some objects from others and formulate the meaning of the term being introduced into use.”

The problem of the relationship between legal concepts and legal terms must be discussed in the context of solving the problem of the content and form of law. As for the legal concept, it is a category that reflects the substantive (internal, invisible) side of law. A legal term, denoting a particular concept, already refers to the form of law (it informs the interpreter of the text of a normative legal act about the consolidation of a certain concept in it).

Thus, a legal term is a word or phrase that has a legal meaning, expressing a legal concept used in the process of cognition and mastery of the phenomena of reality from the point of view of law.

In the scientific literature, three types of legal terms are traditionally distinguished:

1) commonly used - words of ordinary literary language (“man”, “law”, “dwelling”, etc.);

2) special non-legal terms - terms that constitute the affiliation of special (non-legal) sciences and are used in legal science ("insanity", "examination", "epidemic", etc.);

3) special legal terms - terms that have special legal content, reflecting the characteristics of the state and law as specific legal phenomena. They arise in the process of jurisdictional activities (“defendant”, “defendant”, “cassation authority”, etc.).

Legal terms can be classified differently, for example:

1) by source of origin: Russian-speaking and foreign;

2) by degree of specificity: unambiguous and requiring interpretation;

3) according to the degree of complexity: single-component and multi-component.

The use of legal terms in legislative acts must meet a number of strictly defined requirements, in particular, such as:

a) terminological clarity (legal norms and the terminology contained in them must be understandable to everyone to whom they are addressed; each term used in law should ideally have its own, and only its own, original and, moreover, unique meaning);

b) terminological unambiguity (the same term must be used in one or another normative legal act with the same meaning);

c) terminological stability (each term must retain its special meaning in each newly adopted normative legal act);

d) terminological unity (the terms used in a particular normative act must be identical and not contradict the terms contained in other normative legal acts);

e) terminological generally accepted (terms must be used in accordance with generally accepted terminology).

Legal science has a second-order conceptual apparatus, that is, a derivative one formed on the basis of the concepts of other sciences. She perceives the concepts of other sciences only after they have been transformed and adapted to her own needs. Therefore, it is necessary to identify the essence of these transformations, as well as ways and means of adaptation.

For this purpose, a logical operation is widely used that reveals the content of concepts, called definition or definition of concepts.

The definition serves several functions. Firstly, it can narrow the scope of some information necessary to formalize a new legal concept, thereby expanding the conceptual apparatus of law. In this case, the question arises of what criteria such definitions must satisfy and what are the rules for their consolidation. Secondly, a definition can reveal the meaning of a certain concept by describing it through other legal concepts. Here the main problem is to find methods for resolving the question of whether a given initial concept can be defined through other concepts. From this point of view, the definition is the result of an analysis of the relationship between the original (primary) concepts.

A definition exists within a certain language and has a formal logical structure. The definition of a legal concept always has a cognitive side, since with its help the subject receives legally significant information.

Legal science has developed a number of fundamental general legal concepts - categories that have methodological significance for branch legal sciences and for legal practice. They reflect the most general essential features characteristic of the system of legal phenomena in general, individual historical stages of the development of law in world history and the most developed legal systems of our time. Therefore, legal categories should be understood as the most general, extremely broad legal concepts that reflect the essential properties and features of a certain phenomenon. These, for example, include: “federalism”, “statehood”, “legal system”, “democracy”, etc. By generalizing the concept of civil, administrative, criminal and other liability, notes V.K. Babaev, illustrating the process of formation of categories, one can obtain an extremely broad concept of legal liability. It will be a legal category, since this concept, abstracting from the features inherent in individual types of industry liability, and focusing on the general that is inherent in legal liability as a whole, captures its most essential features."

So, making a general conclusion about legal concepts as the logical-linguistic basis of legal science, the following should be noted. Legal concepts serve as the initial building material with the help of which legal thought is formulated. Extremely broad legal concepts developed by legal science are called legal categories. They reflect the main, most general properties and features inherent in a specific phenomenon of state-legal reality.

The linguistic representation of concepts is terms. It is necessary to talk about the relationship between legal concepts and legal terms in the context of the problem of the content and form of law. The legal concept represents the internal substantive side of the law, and the legal term refers to the external side of the law, its form.

Select the letter with which the term you are interested in begins and follow the link.

ABANDON - the insured renounces his rights to the insured ship or cargo and receives the full insured amount for this. The insured resorts to A. in order to free himself from the obligation to prove the amount of losses he suffered as a result of the insured event. According to Art. 278. KTM of the Russian Federation, the policyholder or beneficiary can report A to the insurer (and receive the entire insured amount) in the event of: a) the ship goes missing; b) destruction of the vessel and (or) cargo (actual complete loss); c) the economic impracticality of restoring or repairing the ship (complete structural loss of the ship); d) the economic impracticality of repairing the vessel or delivering cargo to the port of destination; e) seizure of a ship or cargo insured against such danger, if the seizure lasts more than six months.

ABDITION (English abdication) - the official abdication of the monarch from the throne.

ABOLITIONISM (from Latin abolitio - destruction, abolition) - at the end of the 18th-19th centuries. in the USA, the movement for the abolition of slavery of blacks; in Great Britain, France and a number of other countries - the movement for the abolition of slavery in the colonies.

ABOLITION - repeal of a law or decision.

SUBSCRIPTION (French abonnement) - the right to use something for a certain period of time (a seat in the theater, a telephone, etc.), as well as a document granting this right.

SUBSCRIBER (from the French abonner - to subscribe) is a party to an energy supply agreement (electricity consumer), an agreement on the free use of an item (library subscriber, etc.) or an agreement on the provision of paid services (telephone network subscriber, etc.).

SUBSCRIBER DEBT - the obligation of the consumer (subscriber) to pay (within established preferential periods) for services provided by enterprises and organizations of public utilities and communications.

MAIL CABINET - as defined by the Federal Law "On Postal Services" dated August 9, 1995, a special cabinet with boxes installed in residential buildings, as well as at a delivery site in rural areas for recipients to receive mail.

ABORIGENS - the indigenous inhabitants of a territory or country. In modern law, A. usually refers to indigenous peoples (ethnic groups) of some developed and developing countries who have preserved a primitive communal way of life (American Indians, Eskimos, New Zealand Maoris, etc.). Due to the extreme backwardness of the A., they cannot adapt, therefore the law provides for them a special legal status based on the traditional way of life of the A. This status usually involves the creation of special reservations, exemption from general civil duties (payment of taxes, military service), recognition of traditional institutions of self-government ( councils of leaders, etc.) and customs, as well as traditional forms of environmental management and fishing (hunting, fishing, etc.). Currently, the most developed legislation on A. is in the USA, Canada, Australia, New Zealand, Brazil, Paraguay, and India. In some of them, the status of A. is enshrined in the constitution. The Russian Federation also legislates for the special legal status of indigenous peoples.

ABORTION (lat. abortus - miscarriage) - artificial termination of pregnancy by instrumental removal of the fertilized egg from the uterine cavity. In accordance with the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens dated July 22, 1993, every woman has the right to independently decide the issue of motherhood. A. is carried out at the request of the woman up to 12 weeks of pregnancy, for social reasons - up to 22 weeks of pregnancy, and in the presence of medical indications and with the woman’s consent - up to 28 weeks (premature birth is carried out if the pregnancy is over 28 weeks). A. should be carried out only in institutions that have received a license for the specified type of activity, by doctors with special training. Illegal conduct of A. entails criminal liability.

ABROGATION (lat. abrogatio) - the abolition of an outdated law either due to its uselessness, or if it contradicts the spirit of the times. Announced as a new law. They distinguish: A. itself - the complete replacement of the old law with a new one; derogation - partial repeal of the old law; obrogation - making necessary changes to the old law and subrogation - adding to the old law.

ABSENTEEISM (from the Latin absens - absent) is a term in the science of constitutional law that means the voluntary non-participation of voters in voting in an election or referendum.

ABSOLUTE MONARCHY is a type of monarchical form of government, characterized by the legal and actual concentration of all state (legislative, executive, judicial), as well as spiritual (religious) power in the hands of the monarch. Currently, there are 8 A.M. in the world: Bahrain, Brunei, Vatican, Qatar, Kuwait, UAE, Oman, Saudi Arabia. Some of these countries have taken the first steps towards constitutional monarchy. To you. the monarch exercises executive power jointly with the government, and legislative power with the help of various kinds of legislative bodies (elected or appointed)

ABSOLUTE LIABILITY is a type of material liability arising as a result of causing damage (in domestic literature it is used in relation to international law, in foreign literature it is also used in civil law). A.o. is based on a contractual obligation to fully compensate for material damage, regardless of the fault of the causer. Sometimes called objective liability.

ABSOLUTE VETO - see Veto.

ABSOLUTE RIGHTS (eng. rights in rem) - subjective rights, the owners of which are opposed by an indefinite number of obligated persons. Corresponding to them is the obligation of all other persons to refrain from committing actions that infringe upon the A.P. Absolute rights include some property rights (primarily real ones), as well as all personal non-property rights. See also Relative rights.

WITHDRAWAL SYNDROME is one of the main signs of chronic alcoholism and drug addiction. It is characterized by a number of somatic and psychological disorders (trembling, sweating, rapid heartbeat, sleep disturbance, etc.) resulting from a sudden cessation of alcohol (drug) intake or a reduction in their doses.

ABSTRACT TRANSACTIONS - in the science of civil law, transactions the validity of which does not depend on the basis - the purpose of the transaction. Opposite of A.s. causal transactions.

ABSTRACT CONSTITUTIONAL SUPERVISION - see Constitutional supervision.

AVALING - registration of aval.

AVALIST - one who guarantees payment of a bill (or check) through aval. The person who committed the aval assumes the fulfillment of the obligations of one of the persons obligated under the bill. Moreover, A.’s obligation is valid even if the obligation that he guaranteed turns out to be invalid (for any reason other than failure to comply with the form).

AVAL (French aval) - in civil law, a bill of exchange guarantee or a guarantee of payment on a check, made by a third party in the form of a special guarantee note. According to Art. 880 of the Civil Code of the Russian Federation, payment by check can be guaranteed in whole or in part by means of A., which can be given by any person except the payer.

AVAL CREDIT - see Oval loan.

ADVANCE (from the French avance) - a sum of money or other property value issued in advance on account of agreed payments or upcoming expenses. A., like the deposit, serves as evidence of the conclusion of the contract, but does not ensure its actual fulfillment, since in case of failure to fulfill the obligation, it is subject to return, and nothing more. Therefore, any advance payment is considered A., unless the written agreement of the parties to the contract expressly states that it is a deposit.

ADVANCE FREIGHT - 1) a sum of money given by the charterer or shipper to the shipowner to cover expenses at the port of loading. Usually A.f. is considered as earned freight and is not refundable. In this regard, the cargo owner has an insurable interest in it and, therefore, A.f. may be the object of insurance; 2) advance payment on account of the total freight. If the terms of the contract of carriage indicate that transportation of cargo is paid at the port of destination, the captain of the ship has the right to demand an advance payment to pay expenses at the port of loading in the amount of up to 1/3 of the total freight amount. This payment is recorded on the bill of lading and deducted from the freight, which is paid at the port of destination.

ADVANCE REPORT - a document documenting the use of received (accountable) amounts with the attachment of supporting documents. It is submitted to the organization’s accounting department to reflect expenses incurred (purchase of material assets, etc.) and write them off as current expenses.

EMERGENCY SUBSCRIBE - the obligation of the recipient of the cargo to pay his share of the general average according to the general average. In the case of general average, the carrier has the right to the cargo until the consignee makes a deposit (to secure his share of general average costs) or issues a letter of guarantee to the insurer, or signs an emergency bond.

EMERGENCY RESCUE SERVICE - a set of management bodies, forces and means designed to solve problems in the prevention and liquidation of emergency situations, functionally united into a single system, the basis of which is emergency rescue units (Federal Law "On Emergency Rescue Services and the Status of Rescuers" dated July 14, 1995).

EMERGENCY RESCUE FORMATION - an independent or part of the emergency rescue service structure designed to carry out emergency rescue operations, the basis of which is rescue units equipped with special equipment, equipment, equipment, tools and materials (Federal Law "On Emergency Rescue Services and status of rescuers" dated July 14, 1995).

EMERGENCY RESCUE WORKS - actions to save people, material and cultural values, protect natural environment in the emergency zone, localizing emergency situations and suppressing or bringing to the minimum possible level the impact of their characteristic hazardous factors. They require special training, equipment and equipment (Federal Law “On Emergency Rescue Services and the Status of Rescuers” dated July 14, 1995). K.A.-s.r. include search, mining, gas rescue, and blowout control operations; A.-s. rubles related to firefighting; work to eliminate the health consequences of emergency situations, etc., the list of which may be supplemented by a decision of the Government of the Russian Federation.

EMERGENCY RESCUE EQUIPMENT - technical, scientific, technical and intellectual products, including specialized communications and control equipment, machinery, equipment, equipment, property and materials, methodological, video, film, photographic materials on the technology of emergency rescue operations, and also software products and databases for electronic computers and other tools intended for carrying out emergency rescue operations (Federal Law “On Emergency Rescue Services and the Status of Rescuers” dated July 14, 1995).

EMERGENCY BOND - a receipt issued by the consignee or the cargo insurer to the carrier upon receipt of the cargo in the event that there have been losses and expenses that can be recognized as general average. In it, the recipient undertakes to declare the value of the cargo and pay the due share for general average according to the statement. The carrier has the right not to release the cargo until A.b. is provided to him. and adequate support.

EMERGENCY FEE - a sum of money demanded by the shipowner or on his behalf by the average adjuster from the consignee (owner of the cargo) as security for payment of the latter's share of general emergency expenses. On the shipowner's requirement to add A.v. the consignee immediately informs the insurer. In international practice, A.v. is called a deposit.

EMERGENCY COMMISSIONER - a person or firm engaged in establishing the causes, nature and extent of loss for insured ships and cargo. Name and coordinates of A.K. specified in the insurance certificate or policy. When an insured event occurs, the policyholder is obliged to contact A.K. Functions of A.K. are very broad and are determined by the instructions of the policyholder. A.k. draws up an emergency certificate confirming the nature, size and causes of the loss, on the basis of which the insurer makes a decision on payment or rejection of the insured's claims.

EMERGENCY CERTIFICATE - a document confirming the nature, size and causes of loss in the insured property: Drawed up by the accident commissioner and issued to the interested person, as a rule, after he has paid the expense account and the compensation of the accident commissioner.

ACCIDENT (Italian avaria, from Arabic accident - damage, damage) - 1) damage and loss caused to the vehicle, cargo and freight during transportation; 2) in fire insurance - the amount by which the payment of insurance compensation is reduced due to underinsurance; 3) in maritime law - losses caused to a ship, cargo or freight (see General average, Particular average). In Russian legislation, issues of general and private accidents are regulated by the Code of Labor and Trade of the Russian Federation. In international trade, general regulatory rules mainly concern relations arising in connection with general average.

AVISO (Italian avviso) - 1) official written notice of a change in mutual settlements, sent by one counterparty to another. A message about the execution of any order; a letter in which the sender of goods informs the recipient that goods have been sent to his name; 2) in banking practice - a notification letter sent by one bank to another (its correspondent) or a bank to its client, about the execution of a banking operation or with a request to perform one. A. are sent, in particular, when the sending bank A. wishes to write off funds from its correspondent account opened with the addressee A.; when he wants to give the addressee an instruction to execute a transfer, open a letter of credit, credit funds to the client’s account opened with the addressee A., etc. Banks send clients A information about transactions performed on their accounts during a certain period and about the balance of funds as of a certain date; 3) a notice sent by the drawer to the person designated as the payer for the issued bill of exchange.

ADVISATION OF DOCUMENTARY LETTER OF CREDIT - official telegraphic or postal notification by the bank of its counterparty about the opening of a documentary letter of credit.

AVISTA - an inscription on a bill of exchange (another document of monetary settlements), certifying that payment on this bill must be made upon its presentation or upon the expiration of a certain period from the date of its presentation.

AUTO-DRAWN SERVICE - the duty to place at the disposal of civil or military authorities draft power, automobile or horse-drawn transport for temporary use to combat natural disasters or to perform any important government tasks. In wartime conditions, it can be introduced by military authorities.

AUTOCRACY (rp. autokrateia - autocracy) is a system of government in which one person has unlimited supreme power.

AUTONOMY (gr. autonomia - self-government, from autos - oneself and nomos - law) - in a broad sense, a certain degree of independence of any bodies, organizations, territorial and other communities in matters of their life activity. Depending on the subject, nature and purpose of the provision, it can be classified into types and types. First of all, it is divided by subject into two types: A. institutions and A. communities. In turn, A. institutions are divided into financial, economic and administrative and are provided, as a rule, to individual government bodies and institutions due to the specifics of their activities, which require prompt and competent decisions to be made: banks, enterprises, research centers, etc. A. communities can be territorial and extraterritorial. Territorial autonomy is divided into administrative-territorial (regional), national-territorial, and national-state autonomy. Territorial autonomy is also called political or legislative autonomy. The constitutional law of a number of countries also knows extraterritorial (cultural) autonomy (see Administrative-territorial autonomy , National-territorial autonomy, National-state autonomy, Cultural autonomy).

AUTONOMY OF WILL - in private international law, an institution according to which the parties to a transaction that has a legal connection with the legal systems of various states can themselves choose the law that will regulate their relationships and be applied by them either by a judicial institution or (if necessary) other competent authorities; law chosen by the parties. In a broader sense, A.v. is associated with the fundamental principles of regulation of civil (civil law) relations and is a special case of expressing such general principles of civil law as freedom of contract and free discretion of the parties.

AUTONOMY OF A HIGHER EDUCATIONAL INSTITUTION - the independence of a university in the selection and placement of personnel, the implementation of educational, scientific, financial, economic and other activities in accordance with its charter, approved in the manner prescribed by law.

AUTONOMOUS NON-PROFIT ORGANIZATION - “a non-profit organization that does not have membership, established by citizens and (or) legal entities on the basis of voluntary property contributions for the purpose of providing services in the field of education, healthcare, culture, science, law, physical culture and sports and other services” (Federal Law "On Non-Profit Organizations" dated December 8, 1995). The property transferred by its founders (founder) is the property of A.n.o. The founders do not retain rights to such property, are not responsible for the obligations of the ANO created by them, and it is not responsible for the obligations of its founders. A.n.o. has the right to carry out business activities consistent with the goals for which it was created. Founders of A.N.O. may use its services only on equal terms with other persons.

AUTONOMOUS REGION - national-territorial entity, subject of the Russian Federation. Currently, the Jewish Autonomous Region has been formed in the Russian Federation, which is also part of another subject of the Russian Federation - the Khabarovsk Territory.

AUTONOMOUS REPUBLIC (Autonomous Soviet Socialist Republic) - a form of autonomy in the former USSR. It was a “state” that was part of a union republic (RSFSR, Georgia, Azerbaijan, Uzbekistan). A.r. had its own constitution, laws, Supreme Council, government and other attributes inherent in the Soviet state, but unlike a union republic, it did not have the right to freely secede from the USSR and the corresponding union republic. In the RSFSR A.r. since 1991 they began to be proclaimed “sovereign states” and received the name “republics within the Russian Federation” (according to the Federal Treaty).

AUTONOMOUS DISTRICT - national-territorial entity, subject of the Russian Federation. At the same time, it is part of another subject of the Russian Federation - a territory or region (for example, Aginsky Buryat Autonomous District is part of the Chita region).

AUTONOMOUS TARIFF - see Conventional tariff.

THE AUTHOR OF A WORK OF ARCHITECTURE is a citizen, as a result of whose creative work an architectural project was created. He also owns the copyright for the construction documentation developed for this project and for the architectural object.

AUTHORIZATION (eng. autorization) - in banking, confirmation of the authority or authorship of the person presenting an electronic document, card, or himself. Usually they separate A. electronic documents, A. magnetic or processor cards and the actual users of the banking system directly according to their physical parameters (fingerprints, hand patterns, etc.). A. electronic documents with the help of some digital parameters of the document itself, as well as an individual secret number belonging to the author, has become widely known as a digital (electronic) signature.

AUTHORITARIANISM (from Latin autoritas - power) is one of the types of political regime (along with democracy and totalitarianism). It assumes a more or less high degree of restriction of political freedoms, primarily the freedom of activity of opposition organizations and the press, the concentration of the main (or almost all) state power in the hands of one person (president, monarch, prime minister) or group of persons. Elections and referendums are conducted under government control and are often formal or fraudulent. The real mechanism of power and the nature of socio-political relations diverge from the norms of the constitution and laws, or the latter themselves change in an anti-democratic spirit. Authoritarian regimes, in terms of the degree of expression of their features, can vary from very moderate (for example, the de Gaulle regime in France in 1958-1969) to an open dictatorship (military, military-police, etc.). However, under any A. government control over society is not comprehensive, which distinguishes it from totalitarianism.

AUTHOR'S AGREEMENT - a civil contract for the transfer of the author's property rights. A.D. differ. on the transfer of exclusive rights and A.D. on the transfer of non-exclusive rights. The first allows the use of a work in a certain way and within the limits established by the contract only to the person to whom these rights are transferred, and gives him the opportunity to prohibit such use by other persons (including the author). The second allows the use of the work both by the author himself (his successor), and by the person to whom he transferred these non-exclusive rights, and (or) other persons who have received the right to use the work in this way.

AUTHOR'S ORDER AGREEMENT is a civil contract under which the author undertakes to create a work in accordance with the terms of the contract and transfer it to the customer. The customer is obliged to pay an advance to the author against the remuneration stipulated in the contract. The amount, procedure and timing of advance payment are established in the contract by agreement of the parties.

DESIGNER'S SUPERVISION - control of the project author throughout the entire period of construction and acceptance into operation of the facility in order to ensure compliance of engineering solutions and technical and economic indicators of the commissioned facility with the indicators and solutions provided for by the project.

COPYRIGHT - 1) (in an objective sense) a section of civil law that regulates personal non-property and property relations associated with the creation and use (publication, performance, etc.) of works of science, literature and art, expressed orally, written or otherwise objective form allowing their reproduction. Included in A.p. includes the relevant norms of national civil legislation, as well as the norms of international conventions on the protection of agricultural products; 2) (in a subjective sense) a set of personal non-property and property rights in relation to works of literature, science and art. To personal A.p. (the rights of the author) include: the right of authorship, the right to the copyright name, to the inviolability of the work; to property - the exclusive right to reproduce, publish and sell its content and form, etc. They apply to works, both published and unreleased, and are classified as objects of intellectual property.

HOLDINGS (from the French avoir - property) - 1) in a broad sense - various assets (see monetary assets, check, bill, letter of credit) with which payments are made and obligations are repaid; 2) in a narrow sense - bank funds, which include deposits and easily marketable securities. The totality of these funds belonging to any country is called foreign A.

AVUNCULATE (from Latin avunculus - maternal uncle) is a custom that establishes rights and obligations between the maternal uncle and nephews. Preserved the connection between children and their mother’s family in the era of patriarchy. Known among many ancients and (as a relic) among some modern peoples.

AGENT (from Lat. agens, gen. p. agentis - acting) - a trusted person (legal or individual) who, within the limits of the received authority, performs actions on behalf of and in the interests of another person (principal). Provides services for a certain fee.

AGENT GENERAL - a person who accepts the obligation to complete a complex for the principal necessary actions with the involvement of other agents (subagency) for this purpose. The relationship between the agent and the principal is determined by a general agency agreement concluded for a long or indefinite period.

DEL CREDERE AGENT - an agent who, for an additional fee, guarantees the receipt of the purchase price to the principal. Hell. undertakes to compensate the principal for losses caused by the insolvency of the buyer, but is not responsible if the buyer refuses to pay the price on the grounds that the principal himself has violated his obligations arising from the contract or the amount of the price payable for the goods is disputed.

CONSIGNMENT AGENT (FACTOR) - a person who assumes responsibilities for selling the principal's goods on the market of another state. In contrast to a conventional agency agreement, the activities of an agency are carried out on the basis of a consignment agreement.

AGENCY FUNCTIONS OF BANKS - execution by the bank of instructions from individuals and legal entities to dispose of their property, in which ownership does not pass to the bank, but remains with the owner.

AGENCY AGREEMENT - a civil contract under which one party (agent) undertakes, for a fee, to perform legal and other actions on behalf of the other party (principal) on its own behalf, but at the expense of the principal or on behalf and at the expense of the principal.

INSURANCE AGENT - an official who, on behalf of the insurer, carries out operations to conclude voluntary property and personal insurance contracts with clients and accept insurance payments for them, as well as for compulsory insurance of citizens' property.

SHIP AGENT - a person who provides services to the ship owner on the basis of a maritime agency agreement containing features of surety, storage and contract agreements. Usually A.s. notifies shippers and relevant government agencies about the ship's arrival time, organizes the implementation of various port formalities and ship maintenance (supply of fuel, water, food), prepares cargo documents, protects the interests of the shipowner, etc.

TRADE AGENT - an intermediary between the manufacturer and consumer of the product. A.t. is not the owner of the goods. Most often, this is a permanent representative of the manufacturer in a certain region. Sells part or all of the products produced (prices and delivery conditions are determined by the manufacturer). Searches for potential buyers, conducts negotiations, and assists in formalizing the transfer of ownership of goods.

SHIPPING AGENCY - performance by an agent under a contract with the principal, who is the shipowner or charterer of the vessel, of actions to represent and protect the interests of the principal in the port. The assigned actions are carried out by the agent on behalf of the principal and relate to a wide range of issues: coordination with port services of the time and procedure for delivering the vessel to the berth, cargo processing, quarantine, customs and border procedures, execution of relevant documents, etc.

AGENCY OPERATIONS - the performance of actual and legal actions related to the sale and purchase of goods in a specified territory, on behalf of one party (principal) by an independent party (agent) at the expense and on behalf of the principal.

AGENCY REMUNERATION - payment for agent services in the amount determined by the current tariffs and terms of the agency agreement.

AGENCY - 1) an organization that manages the affairs of any other organization (citizen, state or municipal entity) under the authority or instructions of the latter (for example, advertising, real estate agency); 2) the name of government bodies in a number of states (for example, the Russian Space Agency); 3) the name of some international organizations (eg, International Atomic Energy Agency - IAEA).

ELECTION CAMPAIGN - see Election campaign.

AGRARIAN LAW - in the Russian Federation and a number of other countries, a complex specialized branch of law, a system of legal norms regulating agrarian (land, property, labor, organizational and managerial) social relations arising in the field of agricultural activity. In legal science, the term “agricultural law” is also used, which is synonymous with the term “A.p.”.

AGREMAN (French agrement, from agreer - to approve) - in international law, the consent of a state to accept a specific person as the head of a diplomatic mission of another state. Without receiving A., official appointment is impossible.

AGGRESSIVE INTENT - in international law, one of the criteria taken into account by the UN Security Council when determining the existence of an act of aggression in a particular situation. Noting an act of aggression. The Security Council ascertains the presence of aggressive intentions in the initially initiated actions of the state, such as, for example, the desire to annex territory with the use of force, military occupation of the territory of another state, etc.

AGGRESSION (from Latin aggressio - attack) - in international law, any use of armed force that is unlawful from the point of view of the UN Charter. The general formulation of the concept of aggression is given by the “Definition of Aggression” adopted on December 14, 1974 by the UN General Assembly, according to Art. 1 of which “aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State or in any other manner inconsistent with the Charter of the United Nations.” The concept of A. includes as a mandatory sign of primacy or initiative in the use of armed force. A. is considered the gravest international crime against the peace and security of mankind. For the method of carrying out aggression, see Direct aggression and Indirect aggression.

INDIRECT AGGRESSION - in international law, aggression committed by armed gangs, groups, regular forces or mercenaries that are not formally part of the regular armed forces of any state or hide their affiliation with them, although they are organized by a certain state or act on its behalf or on behalf of on his instructions.

DIRECT AGGRESSION - in international law, aggression committed by the regular armed forces of a state. According to Art. 3 of the “Definition of Aggression”, adopted by the UN General Assembly on December 14, 1974, the following AP cases are considered acts of aggression, regardless of the declaration of war: a) an invasion or attack by the armed forces of a state on the territory of other states or any military occupation , however temporary, resulting from such invasion or attack, or any annexation by force of the territory of another State or part thereof; b) bombing by the armed forces of a state of the territory of another state or the use of any weapons by a state against the territory of another state; c) blockade of ports or coasts of a state by the armed forces of another state: d) attack by the armed forces of a state on the land, sea or air forces or sea and air fleets of another state; e) the use of the armed forces of one state located on the territory of another state by agreement with the host state, in violation of the conditions provided for in the agreement, or any continuation of their presence in such territory after the termination of the agreement. The above list is not exhaustive. The UN Security Council may determine that other acts also constitute A.P. in accordance with the provisions of the UN Charter.

AGGRESSOR - in international law, a state that has committed aggression. A group of states (bound, for example, by an agreement on military assistance) can act as an A., if each of them actually participated in the aggression.

ADAPTATION (from the Middle Ages. Latin adaptatio - adaptation) - adaptation of existing domestic legal norms to the new international obligations of the state without any changes in its legislation.

ADAT (from Arabic "ada", plural "adat" - custom, habit) - customary law among Muslim peoples, as opposed to Sharia, i.e. religious law based on the theological and legal interpretation of the Koran and religious tradition (Sunnah). A. is a set of customs and folk legal practice in a wide variety of areas of property, family, etc. relations.

ADATO - "from the date of compilation." A mark in the register or book of discounted and protested bills of exchange, meaning that the bill of exchange was issued due for payment within the specified amount of time from its issuance.

AD VALOREM is a method of calculating payments for the transportation of valuable goods or customs duties. This means that such calculation is made not per unit of cargo, but as a percentage of its price.

AD REFERENDUM - in international law, the conditional signing of an international treaty by a representative of a state, which is a way of expressing the preliminary consent of the state to be bound by the treaty or agreement with its text. If it is confirmed by the state, it means final signature.

AD VALORITY RATES OF CUSTOMS DUTY - see Customs Duty.

LAWYER (lat. advocatus, from advoco - I invite) - a lawyer who provides professional legal assistance to individuals and legal entities (through consultations, representation of their interests in court), defense of the accused. A. are considered citizens who have a higher legal education, have worked as a lawyer for at least two years, and have been accepted as members of the bar. It is allowed to admit to the A. collegium persons who do not have work experience as a lawyer, but with the condition of undergoing an internship for a period of six months to one year.

PEOPLE'S LAWYER - see Ombudsman.

BAR COLLEGE - see Bar Association.

ATTORNEY SECRET - a type of professional (official) secret, provides the opportunity for confidential communication between a lawyer and his client. Subject A.t. are the issues on which the person sought help, the essence of the consultations, advice and explanations of the lawyer. Compliance with A.t. - the responsibility of the lawyer, as well as all third parties, including government agencies. A lawyer cannot be questioned as a witness about circumstances that became known to him in connection with the performance of his duties as a defense attorney or representative. Information constituting the subject of the A.T. cannot be used as evidence in civil, administrative and criminal proceedings.

ADVOCACY is a self-governing association (community) of professional lawyers, the main function of which is to provide qualified legal assistance to the population, including participation in various types of legal proceedings as defenders or representatives of the victim, plaintiff, defendant and other persons defending their interests. The organizational form of law in the Russian Federation is the bar association.

ADENDUM - 1) an addition to the charter, which includes new conditions and amendments to it agreed upon by the parties; 2) an addition to insurance or reinsurance contracts, which contains changes to the terms of such contracts agreed upon by the parties.

ADMINISTRATIVE GUARDIANESS (supervision) - in the constitutional law of a number of foreign countries, one of the forms of control by the central government over the activities of local self-government bodies. Carried out by a person appointed by the government (prefect, governor, etc.). To the implementing A.o. a person has the right to annul illegal acts of local self-government, impose a ban on any actions of its bodies, or give them mandatory instructions.

ADMINISTRATIVE RESPONSIBILITY - responsibility of individuals and legal entities for committing an administrative offense; a form of legal liability that is less severe than criminal liability.

ADMINISTRATIVE LINK - in tsarist Russia, sending without trial to remote provinces by order of the tsar, some governors (since the 1850s), and the Ministry of Internal Affairs (since the 1860s). Soviet legislation A. s. was not intended, but was used in violation of the law.

ADMINISTRATIVE JURISDICTION - 1) the range of cases subject to the jurisdiction of administrative institutions (as opposed to those within the competence of a court or arbitration court); 2) the activities of government bodies and officials in the proceedings of administrative cases and the application of relevant legal sanctions administratively (without going to court).

ADMINISTRATIVE JUSTICE - a system of special judicial and quasi-judicial bodies to monitor compliance with the rule of law in the field of public administration, as well as (in a narrower sense) a special procedural procedure for the consideration of administrative cases and resolution of administrative legal disputes between a citizen or legal entity, on the one hand, and government agency - on the other. In the latter meaning, it represents a type of judicial activity, since it is carried out in compliance with the basic elements of judicial proceedings. In a number of foreign countries, the A.Yu. developed in the second half of the 19th century. Currently, its bodies are either special administrative courts (France, Germany, Switzerland, etc.), or general ones in combination with departmental administrative courts (USA, UK, etc.). Sometimes it is implemented by special structural units within executive authorities or courts of general jurisdiction.

ADMINISTRATIVE PENALTY is a measure of responsibility for committing an administrative offense. The Code of Administrative Offenses provides for the following A.V.: a) warning; b) fine; c) paid seizure of an object that was an instrument for committing or the direct object of an administrative offense; d) confiscation of an object that was an instrument for committing or the direct object of an administrative offense; d) deprivation special law granted to this citizen (driving rights, hunting rights); f) correctional work; g) administrative arrest; h) administrative expulsion from the Russian Federation of a foreign citizen or stateless person.

ADMINISTRATIVE EXPLANATION (outside the Russian Federation) is a type of administrative penalty applied to foreign citizens and stateless persons. It consists of their forced and controlled movement across the State Border of the Russian Federation or (in cases specifically provided for by the legislation of the Russian Federation) controlled independent departure from the Russian Federation.

ADMINISTRATIVE DETENTION - see Administrative detention.

ADMINISTRATIVE LAW is a branch of law that regulates social relations arising in the process of organization and executive and administrative activities of government bodies. A characteristic feature of A.p. The Russian Federation is to regulate simultaneously material and procedural relations. Until 1917 it was called police law.

ADMINISTRATIVE OFFENSE (misdemeanor) - encroaching on state or public order, property, rights and freedoms of citizens, established order management is an unlawful, guilty (intentional or careless) action or inaction, for which the law provides for administrative liability.

ADMINISTRATIVE-TERRITORIAL (regional) AUTONOMY is one of the ways to decentralize power in a unitary state. Status of subjects of A.-t.a. higher than that of ordinary administrative-territorial units, but lower than that of subjects of national-territorial, national-state autonomy or federal subjects. Subject A.-t.a. has no signs of state formation. A.-t.a. is expressed in the presence of its subjects of the system of independently formed bodies of executive and legislative power, as well as the authority to issue laws on the range of issues established by the center. The legal status is determined by a special act (statute) established or approved by national law. Organs of the subject A.-t.a. carry out their activities under the supervision of central authorities, which, as a rule, appoint their representatives (governors, commissioners, etc.) for this purpose. Regional laws can be repealed by the center if they contradict national interests.

ADMINISTRATIVE-TERRITORIAL STRUCTURE (division) - division of the territory of a unitary state or subjects of a federal state into certain parts: regions, provinces, provinces, departments, etc., in accordance with which a system of local authorities is built and functions. It can be two-link (USA), three-link (Great Britain, France), four-link (Germany). In the smallest states (Malta, Bahrain) A.-t.u. No. In the Russian Federation A.-t.u. determined by the constituent entities of the Russian Federation independently.

ADMINISTRATIVE-TERRITORIAL UNITS - structural parts (elements) of the administrative-territorial structure. And those. do not have political independence and are in a certain subordination. In the Russian Federation, the most common types of A.-i.e. are: district, district in a city, city of district subordination, city of regional (territorial, etc.) subordination.

ADMINISTRATIVE COMMISSIONS - in the Russian Federation, special collegial bodies that consider cases of administrative offenses, with the exception of those cases that are referred by law to the competence of other bodies or officials. Competence of A.K. defined by Art. 199 Code of Administrative Offences. Until 1991, they were created under the executive committees of local councils of people's deputies. Currently, the practice of creating them in the constituent entities of the Russian Federation is not the same. Thus, A.K. was created in Moscow. under the Moscow government on cases of administrative offenses (November 1993). In addition, by order of the mayor in 1997, an Administrative Commission was formed to consider offenses in the field of accounting, registration and use of non-residential facilities.

ADMINISTRATIVE DISTRICT - in Moscow, territorial units of the city formed for administrative management; coordinate the activities of district administrations, territorial divisions and services of sectoral bodies of the city administration; control over the implementation of legal acts of the city. Formed and abolished by the mayor. A.o. include several districts of the city. A.o. boundaries cannot cross district boundaries (Moscow City Charter of June 28, 1995).

ADMINISTRATIVE PROCEEDINGS - a set of administrative procedural rules regulating the procedure for considering and resolving homogeneous groups of management cases. In the science of administrative law, proceedings are distinguished: on proposals, statements and complaints of citizens; in cases of promotion; in cases of disciplinary violations; in cases of administrative offenses.

ADMINISTRATIVE COURTS - in a number of foreign countries (Germany, France, Finland, Sweden) a special type of courts along with ordinary ones (of general competence and specialized ones). Carry out administrative justice (see Administrative justice). The system and principles of the internal organization and activities of the AS are, as a rule, the same as those of ordinary courts. There are none in the Russian Federation, but their creation is provided for in the judicial reform plan.

ADMINISTRATIVE ACT - an act of a government body, which, unlike a normative act, establishes, changes or terminates a specific legal relationship, and not a general rule. Legal force of A.a. determined by which organ it comes from.

ADMINISTRATIVE ARREST is the most severe type of administrative penalty. Established and applied in exceptional cases for certain types of administrative offenses for a period of up to 15 days. Appointed by the district (city) court (judge). A.a. cannot be applied to pregnant women, women with children under the age of 12, to persons under 18 years of age, to disabled people of the first and second groups (Article 32 of the Administrative Code).

ADMINISTRATIVE SUPERVISION - in the Russian Federation, a system of monitoring measures established by law over certain categories of convicts who have served sentences for serious crimes. Purpose of A.N. - prevent them from committing new crimes, provide the necessary educational influence. The following may be applied to persons in respect of whom A.N. is established: prohibition of leaving home (apartment) at a certain time; prohibition of travel or limitation of travel time for personal matters outside the district (city); reporting to the police for registration one to four times a month. Carried out by A.Sc. by the internal affairs body at the place of residence of the supervised person and is established for a period of six months to one year; can be terminated early if the supervised person has firmly taken the path of an honest life, as well as in cases of expungement or removal of the supervised criminal record. Violation of rules and restrictions of A.N. persons in respect of whom it is established entails administrative liability (Article 167 of the Administrative Code).

"ADMINISTRATIVE" PRIME - in the science of constitutional law, a term used to designate the position of prime minister in a number of presidential republics. "A".p. does not determine the policy of the state (this is done by the president), but only manages the operational activities of the government and conducts its informal meetings. Creating a post "A".p. allows (formally) to establish the responsibility of the government (but not its actual leader - the president) to parliament.

ADMINISTRATIVE PROCESS - the activities of government bodies to resolve specific administrative cases in the field of management. According to the norms of A.p. For example, complaints and statements from citizens are considered and disciplinary sanctions are imposed.

ADMINISTRATION (from Latin administratio - management) - 1) in a broad sense, all management activities of the state (its executive and administrative bodies); 2) the most common in the Russian Federation official name executive authorities at the level of the territory, region, autonomous region, autonomous okrug, district, city; 3) in the USA and some other presidential republics, the name of the cabinet under the head of state.

ADMINISTRATION OF THE PRESIDENT OF THE RF - the executive apparatus of the President of the Russian Federation, ensuring that he exercises the powers of the head of state. It is a constitutional body, because The Constitution of the Russian Federation (clause “and” of Article 83) refers its formation to the powers of the President of the Russian Federation.

ADMIRAL (Gol. admiraal, from Arab. amir al bahr - lord of the sea) - military rank(rank) in the navies. In Russia, admiral ranks were established by Peter I at the end of the 17th - beginning of the 16th century. Since 1940, there have been the following ranks: counter-A., vice-A., A., A. of the fleet (corresponding to the ranks of major general, lieutenant general, colonel general, army general).

ADMIRALTY ORDER - the central government agency in Russia in 1700-1712, which was in charge of the construction, armament and supply of the Navy. In 1712, the main functions of the A.P. were transferred to the Naval Chancellery in St. Petersburg, and the order was transformed into its economic body - the Moscow Admiralty Office.

ADMIRALTY COLLEGE - the central state governing body of the Navy in Russia in 1718-1827. She was in charge of shipyards, linen and rope factories, the construction of harbors and ports, training, armament and supplies of the Navy.

ADMIRALTY COUNCIL - governing body of the maritime department in Russia in 1827-1917. Initially an advisory institution under the Minister of the Navy, from 1836 - higher institution for the economic part of the maritime department. Since 1907 - the highest institution of the Navy, headed by the Minister of Navy.

ADMIRALTY - in Great Britain since the end of the 17th century. the highest body of management and command of naval forces.

ADMONITION - presentation of a written obligation to pay the borrowed amount of debt.

ADRITURE - 1) forwarding the goods directly to the destination; 2) in bill transactions, presentation for collection of an overdue or protested bill directly to the person who issued the bill or guaranteed for it.

ADJUDICATION is a method of peaceful resolution of a territorial dispute by international arbitration or court. A. is a legal way to acquire territory, because consideration of a dispute in an international court or arbitration must presuppose that the disputing states collectively have sufficient legal grounds for ownership of the disputed territory.

ADJUNCT (from Latin adjunctus - attached) - 1) in a number of countries of Western Europe and in Russia until 1917, a person undergoing a scientific internship, an assistant professor; 2) an officer doing adjunct training.

ADJUNCTURE is one of the main forms of training scientific and scientific-pedagogical personnel in universities and research institutions of the Armed Forces and the Ministry of Internal Affairs. Similar to postgraduate studies in civilian universities. Those who graduate and defend a dissertation receive the academic degree of Candidate of Sciences.

ADULTERY (French adultere) - see Adultery.

AGIO - 1) the excess of the market price of gold over the number of paper banknotes nominally representing a given amount of gold; 2) deviation in the direction of excess (cf. disaggio) of the market rate of banknotes, bills and other securities from their face value; 3) a positive difference between the price of a cash commodity and the price of a commodity in a futures transaction; 4) commissions charged for exchanging paper money for gold or for exchanging a “weak” currency for a “strong” one. GAMBLING - games with a random, unpredictable result in advance, the achievement of which does not depend on the actions of any of the parties participating in the game (Regulations on the procedure for maintaining casinos in Moscow, approved by the order of the mayor of Moscow "On the procedure for maintaining casinos on the territory of Moscow " dated February 29, 1996; federal legislation of the Russian Federation does not define AI). Result of A.I. determined by monetary or other property equivalent. Legal relations from A.I. is regulated by Chapter 58 of the Civil Code of the Russian Federation.

ACADEMIC - the title of a member of the academy. In academies with a two-tier membership structure, the title of A. is the highest. In academies of a number of countries there is the title "honorary A."

ACADEMIC FREEDOMS is the generally accepted name for a group of specific individual rights and freedoms implemented in the field of education and scientific research. Federal Law "On Higher and Post-University Professional Education" dated July 19, 1996, teaching staff from among the teaching staff, research workers and students of a higher educational institution are provided with A.S., including the freedom of a teaching employee of a higher educational institution to present educational subject at his own discretion, choose topics for scientific research and conduct them using his own methods, as well as the freedom of the student to acquire knowledge according to his inclinations and needs. Provided by A.s. entail academic responsibility for creating optimal conditions for the free search for truth, its free presentation and dissemination.

ACADEMY - as defined by the Federal Law "On Higher and Postgraduate Professional Education" dated July 19, 1996, higher educational institution, which: implements educational programs of higher and postgraduate professional education; carries out training, retraining and (or) advanced training of highly qualified workers for a certain area of ​​scientific and scientific-pedagogical activity; carries out fundamental and applied scientific research; is a leading scientific and methodological center in its field of activity.

WATER AREA - a body of water limited by natural, artificial or conditional boundaries.

ACQUISITOR - 1) an insurance worker engaged in concluding new and renewing voluntary insurance contracts that have terminated early; 2) an agent of a transport organization engaged in attracting new cargo and shippers.

AQUISITION - 1) attraction by the acquirer of new clients, new cargo, new insurance; 2) on the stock exchange - the purchase by a shareholder or group of shareholders of all shares of an enterprise, meaning its acquisition. It is not always carried out with the consent of the acquired enterprise. In such cases they speak of “hostile” A.

ACCIT - a payment inscription on a bill of exchange indicating the receipt of payment (or the currency of the bill of exchange), made upon its issuance, transfer and payment by way of recourse.

ACCLAMATION (lat. acclamatio) is a method of making decisions by applause (without voting) used in international organizations and conferences.

CHORD SYSTEM - a remuneration system in which hired workers receive one-time payments for the agreed volumes of work (without taking into account the time spent on work).

ACCREDITATION, accreditation (from the Latin accredere - to provide trust) - 1) in international law, the process of giving a person the authority to represent one state in another, heading a diplomatic mission (or international organization), and the acceptance of these powers. Includes the act of delivering to the relevant body or official of the receiving state (international organization) a document certifying the existence of such powers; 2) in national law, the procedure for recognition (confirmation) by state bodies of the special powers of various types of entities (educational institutions, scientific organizations, medical institutions, commercial banks, etc.). For example, A. educational institution - this is the procedure for establishing (confirming) its state status (type and type).

LETTER OF CREDIT (from the Latin accreditivus - trust) - a conditional monetary obligation of the bank, issued on behalf of the client in favor of his counterparty under the agreement; one of the main means of non-cash payments. In accordance with Art. 867 of the Civil Code of the Russian Federation, when making payments under A., ​​a bank acting on behalf of the payer to open A. and in accordance with his instructions (issuing bank), undertakes to make payments to the recipient of funds or pay, accept or honor a bill of exchange or give authority to another bank (executing bank) to make payments to the recipient of funds or to pay, accept or honor a bill of exchange. A. is also the name of the document itself that formalizes the above obligation.

ADVISED LETTER OF CREDIT - a letter of credit issued by a bank to a specific correspondent.

IRREVOCABLE LETTER OF CREDIT - a letter of credit that cannot be canceled without the consent of the recipient of the funds. At the request of the issuing bank, the executing bank participating in the letter of credit transaction may confirm the irrevocable A. (confirmed A.). Such confirmation means the acceptance by the executing bank of an obligation, additional to the obligation of the issuing bank, to make payment in accordance with the terms of A.b. Once confirmed by the executing bank, it cannot be changed or canceled without its consent.

IRREVOCABLE UNCONFIRMED LETTER OF CREDIT - a letter of credit in which the seller’s bank only informs him about the opening of a letter of credit, but does not guarantee its payment. In this case, only the buyer's bank is responsible for fulfilling the obligations.

IRREVOCABLE CONFIRMED LETTER OF CREDIT - a letter of credit in which the buyer instructs his bank to confirm the letter of credit through the seller's bank. In other words, the seller's bank guarantees compliance with payment terms.

DIVIDABLE LETTER OF CREDIT - a letter of credit under which several letters of credit can be opened within the amount specified in it.

LETTER OF CREDIT - a personal document addressed by the issuing bank to its branch or bank in the same country or abroad, containing an order to pay money to the recipient within a certain period of time, subject to the conditions specified in the letter of credit.

DOCUMENTARY LETTER OF CREDIT - a type of letter of credit, under the terms of which the bank undertakes (according to the buyer’s instructions) to pay a certain amount to the seller against the presentation of documents of title.

COMPENSATORY LETTER OF CREDIT -1) a letter of credit opened by the buyer in favor of the seller secured by an irrevocable letter of credit opened by the person to whom the buyer resold the goods; 2) a loan opened by a bank or other financial institution at the expense of another loan. The foreign importer submits the relevant documents, on the basis of which a loan is opened to the exporter.

UNCONFIRMED LETTER OF CREDIT - a letter of credit in which there is no confirmation of payment from the executing bank.

UNCOVERED LETTER OF CREDIT (GUARANTEE) - a letter of credit, upon opening of which the executing bank is given the right to write off the entire amount of the letter of credit from the account of the issuing bank maintained by it.

REVOKABLE LETTER OF CREDIT - a letter of credit that can be changed or canceled by the issuing bank without prior notice to the recipient of the funds. A.'s revocation does not create any obligations of the issuing bank to the recipient of the funds. The executing bank is obliged to carry out payment or other transactions under the A.O., if at the time of their execution it is not notified of a change in the conditions or cancellation of A. It is revocable, unless otherwise expressly stated in its text.

OPEN LETTER OF CREDIT - a letter of credit in which the buyer does not have the right to revoke the letter of credit. Since such a letter of credit does not provide the seller with any guarantee, it is used very rarely.

TRANSFERABLE LETTER OF CREDIT - a letter of credit that can be transferred to another person.

CONFIRMED LETTER OF CREDIT - a letter of credit in which the bank through which payment is made assumes the obligation to pay the amount specified in the letter of credit regardless of the receipt of funds from the bank where the A.P. was opened.

COVERED LETTER OF CREDIT (DEPOSITED) - a letter of credit, upon opening of which the issuing bank is obliged to transfer the amount of the letter of credit (covering) at the expense of the payer or the loan provided to him at the disposal of the executing bank for the entire duration of the issuing bank's obligation.

REVOLVING LETTER OF CREDIT - a letter of credit opened for a portion of the payment amount and automatically renewed as payments are made for the next batch of goods. A.r. opens with uniform deliveries, spread over time, in order to reduce the amount indicated in it.

RESERVE LETTER OF CREDIT - an obligation of the issuing bank to the beneficiary to make a payment within the specified amount in the event of failure by the applicant (importer) to fulfill its obligations under the main contract.

PURE LETTER OF CREDIT - a letter of credit that does not require the presentation of documents and is not directly related to the delivery of goods.

CIRCULAR LETTER OF CREDIT - A bank's instruction to its agents abroad to honor a client's drafts up to a specified maximum amount.

LETTER OF CREDIT CLAUSE - a condition of a policy issued by an insurance company that protects the exporter from the risk of loss or damage during the transportation of goods until payments due under the letter of credit are received.

ACCREDITATION - see Accreditation.

ACCRETION (from Latin accretio - increment, increase) - in international law, the natural increase in the territory of a state by newly formed land areas. Thus, the formation of a delta at the mouth of a river is considered an increase in the land territory of the state to which the river belongs. A. also includes the formation of new islands within territorial waters.

ACT (from Latin actus - action, actum - document) - 1) act, action; 2) official document. Legal A., is issued by a government body, an official within the limits of their competence in the form established by law (law, decree, resolution, etc.) and is binding.

AN ACT OF AGGRESSION is the most dangerous type of violation of peace in international law; in each case, is stated by the UN Security Council on the basis of its powers under the UN Charter, while the Security Council is not bound by the formal characteristics of the 1974 Definition of Aggression (see Aggression) and may go beyond the scope of the list of A.a. established by the latter. Statement by the Security Council of A.a. creates the basis for this body to make recommendations or decisions on what measures in accordance with Chapter. VII of the UN Charter should be adopted to maintain or restore international peace and security.

GENERAL ACT - see General Act.

DIPLOMATIC ACT - see Diplomatic act.

COMMERCIAL ACT - a document certifying the shortage, damage or spoilage of cargo or luggage, drawn up at the point of destination (see Contract for the carriage of goods). A.k. serves as the basis for the recipient of the cargo (baggage) to file a claim for damages.

ACT OF SUBROGATION - a document on the transfer by the policyholder of his rights to recover damage from third parties to the insurer after payment of insurance compensation.

ACT OF AUDIT - an official document that documents the results of a survey of the economic and financial activities of an association, enterprise, organization, institution (see Audit).

LEGAL ACT - a document issued by a government agency and containing general normative or individual regulations, as defined by A.yu. Also included are documents drawn up in the manner prescribed by law and giving rise to certain legal consequences.

ASSET (from Latin activus - active) -1) any property of the organization: machinery and equipment, buildings, inventories, bank deposits and investments in securities, patents; 2) part of the balance sheet reflecting the tangible and intangible (goodwill) values ​​of the enterprise; characterizes the composition, placement and use of funds, grouped according to their role in the reproduction process; 3) the excess of income over expenses in some types of balances (balance of payments, etc.).

ACTIVE ELECTION RIGHT - the right of citizens to elect to elected state bodies and local government bodies, as well as to participate in referendums. In the vast majority of states, it belongs to all adult citizens, regardless of gender, occupation, property status, education, etc. In local government elections in some countries, it is also granted to foreigners.

ACTIVE BANKING OPERATIONS - accounting and credit operations of banks and banking investments.

CASH ASSETS - cash and obligations of third parties to pay this organization a certain fixed amount; the latter are reflected in the balance sheet at the amount expected to be received, in contrast to “non-cash” assets, which are included in the balance sheet at cost; the distinction between “monetary” and “non-monetary” assets is important when taking into account the impact of inflation.

LIQUID ASSETS - cash, gold, demand balances on accounts, deposits for a period of up to one calendar month, private and government securities, commercial bills and other easily realizable bank funds.

INTANGIBLE ASSETS - values ​​that have a value expression and are not physical objects, for example. securities, lease rights, technologies, patents and other intellectual property.

INTANGIBLE ASSETS - assets that do not have a physical form, but are endowed with “intangible value” and therefore bring additional income to the company. This includes: trademarks and trademarks, trade secrets (know-how), publishing rights, good reputation of the company (goodwill).

ACT BOOKS - books of state registration of acts of civil status.

ACTUARY - a specialist in the field of personal insurance, engaged in calculations related to the development of methods for calculating tariff rates for long-term life insurance, calculations for the formation of insurance premium reserves, determining the size of loans, redemption amounts and reduced (reduced) insurance amounts.

ACTS OF CIVIL STATUS - actions of citizens or events affecting the emergence, change or termination of rights and obligations, as well as characterizing the legal status of citizens (Federal Law “On Acts of Civil Status” dated November 15, 1997). A.g.s. The record itself of these events is also called. The following A.G.S. are subject to state registration: birth, marriage, divorce, adoption, establishment of paternity, change of name, death. Registration is carried out by civil registry authorities formed by state authorities of the constituent entities of the Russian Federation (registry offices).

ACCEPTANCE (from Latin acceptus - accepted) - 1) in civil law, acceptance by a person of an offer addressed to him (offer to conclude an agreement). A. must be complete and unconditional. Unconditional consent to the offer is recognized by A. if it is received by the offering party within the time period specified by the offer; 2) in bank payments - the buyer’s agreement to pay a bill (bill A.), check (cheque A.), etc. Check A. is allowed by the legislation of only some countries (USA, etc.); 3) in insurance - the representative of the insurer (reinsurer) puts his initials on the slipway to confirm consent to participate in the risk indicated in the slipway and on the conditions specified therein. Usually, along with the initials, the amount of participation and the date of entry into the contractual relationship are indicated.

"SILENT" ACCEPTANCE - the absence (within a certain time) of refusal to make a payment, in which the payment request is considered accepted (see Negative acceptance).

BANK ACCEPTANCE - 1) the bank’s consent to pay payment documents, a form of guarantee of their payment; drawn up in the form of a corresponding inscription of the accepting bank; 2) bills of exchange guaranteed (accepted) by a bank or non-bank credit organization with a payment period of one to six months. Used to provide capital to manufacturers and exporters to ensure operations between production (or export) and receipt of payments from buyers.

ACCEPTANCE OF A BILL - consent to pay a bill, which is drawn up in the form of an appropriate inscription on it by the acceptor.

INDEFINITE ACCEPTANCE - an acceptance that contains additional questions or conditions to the offeror. Involves coordination (clarification) of issues when the parties meet or in another way. In this case, there is no obligation to conclude a contract. Refusal to accept may be made in any form. The silence of the potential acceptor does not give rise to obligations and is a refusal to enter into a contractual relationship. But if there is, for example, the fact of receipt of a service or product with the appropriate execution of acceptance documentation, then this means “acceptance by default” and entails the obligation of the receiving party to pay for the services or goods (products) provided.

NEGATIVE ACCEPTANCE - a procedure for formalizing an acceptance in which only a refusal of acceptance (denial of consent to payment) is given in writing. At A.o. consent to payment is not documented.

POSITIVE ACCEPTANCE - an acceptance providing for the written consent of the buyer to pay each payment request.

SUBSEQUENT ACCEPTANCE - an acceptance in which payment requests are paid during the business day as they are received by the payer's bank (acceptance is made after payment).

PRELIMINARY ACCEPTANCE - acceptance in which payment (of the payment request) can be made only after its expiration, i.e. after the prior consent of the payer; the payment request is paid the next day after the expiration of the acceptance period.

ACCEPTANCE OF INVOICE - consent to full payment of the invoice issued for collection at the bank, presented by the supplier for inventory items, work performed and services rendered.

CHECK ACCEPTANCE - the bank’s consent to pay checks; permitted by the laws of some countries, e.g. USA.

ACCEPTANT - a person who has accepted the obligation to pay the presented invoice or bill.

ACCEPTANCE DATE - the time (deadline) by which the bill presented for payment must be paid.

ACCEPTANCE - guaranteeing the placement of securities; type of services provided by intermediary firms for the purchase and sale of shares. The company that issues its shares gives them for distribution to the firm, which takes a certain risk because it may not distribute all the shares.

ACCEPTED CHECK - a check that has been accepted by the bank, guaranteeing that the amount specified in it will be credited to the recipient's account.

ACCEPTANCE FIRM - a financial institution specializing in acceptance financing of exporters who, having difficulties in selling products and products purchased from national manufacturers, pay for loans with sales receipts. Acceptance credit is issued in the form of a draft.

ACCEPTANCE FORM OF SETTLEMENTS is one of the main forms of non-cash payments for payment requests submitted by the supplier to the buyer through the bank. A.f.r. used in two forms: positive acceptance (with the written consent of the recipient) and negative (see “tacit” acceptance).

ACCEPTANCE-REVENUE CREDIT - a type of acceptance credit in which the importer’s bank accepts the latter’s bills of exchange (drafts), takes them into account and pays the exporter in cash. The terms of this loan (limit, term, interest rate, etc.) are the subject of a preliminary interbank agreement. The method of repayment by the importer's bank of its debt is also specified in the interbank agreement.

ACCEPTANCE HOUSES - in a number of foreign countries, banking institutions specializing in foreign trade lending. Main operations: acceptance of commercial bills or drafts of exporters, deposit and loan operations, consulting services, mediation in mergers and acquisitions of companies.

ACCEPTIVE BANK - a bank specializing in foreign trade lending.

ACCEPTANCE CREDIT - acceptance of bills of exchange (drafts), issued, as a rule, by exporters to banks; one of the forms of bank lending for foreign trade. The bank does not invest its own funds in the acceptance transaction, but undertakes to pay the draft when the payment deadline arrives (formally, the loan is provided by the exporter).

ACCEPTABLE DRAFT - one of the securities that can be sold to another holder before the maturity date. A bill of exchange with a maturity date accepted by the bank is considered as a bank security. It is used primarily when financing international trade, for example, the sale by a foreign manufacturer of its goods to an importer (a form of lending to an exporter or importer).

ACCEPTED PAYMENT ORDER - an order that has been accepted by the bank, i.e. confirmation of the availability of funds in the payer’s account necessary for payment.

ACCEPTED BILL - see Bill accepted.

ACCEPTED CHECK - see Accepted check.

ACCEPTING BANK - the bank that “accepts” the bill of exchange.

ACCESSION - 1) legal belonging of one thing to another, due to which it does not pass without another thing to the new owner; 2) increase in property (usually in real estate); 3) accession to a contract or agreement.

ACCESSORY LEGAL RELATIONSHIP - a legal relationship that is additional to another (main) legal relationship, without which A.p. loses its meaning and significance (for example, legal relations arising from a pledge, surety, penalty, deposit).

ACCESSORY AGREEMENT (from Latin accessio - additions, accessory) - is additional to the main agreement and legally dependent on it. Provides commitment (basic) and cannot exist in isolation from it. Hell. is drawn up both in the form of a separate document in compliance with the form required by law, and by including its terms in the main contract. Parties A.d. and the main contract usually coincide.

EXCISE (French accise) - a type of indirect (included in the price or tariff) taxes on goods, mainly for mass consumption, services of private enterprises; paid by buyers (consumers). According to the method of collection, they are divided into individual and universal. Individual excise taxes are established on certain types of goods and services and are levied at fixed rates per unit of measurement of goods (services). Universal ones are levied on gross turnover and are set as a percentage of the cost of goods or services.

EXCISE CUSTOMS POST of the Russian Federation is a division of the customs of the Russian Federation authorized to carry out customs clearance of excisable goods. It is part of the unified system of customs authorities of the Russian Federation and is directly subordinate to the regional customs administration of the Russian Federation.

VINICULATED SHARES are a type of registered shares that can be transferred to third parties only with the permission of the joint stock company that issued them. Issued to find out who the shareholders are and, if necessary, to exclude a certain category of persons from this number.

NAMED SHARES - shares, the authorized person of which is the holder of the document, whose name is indicated on the shares and entered in the book of the joint-stock company. Assignment of rights under A.i. is accomplished by putting an endorsement on the document, handing it over and entering the owner in the company’s register.

CONVERTIBLE SHARES - shares that can be exchanged for preferred or common stock at a fixed price within a certain period. The terms of conversion, privileges and their validity period are specified in detail in the prospectus. Most A.K. returnable. If the conversion period has expired, then such shares become direct.

CUMULATIVE SHARES - preferred shares, the holders of which can receive dividends accumulated over a number of years when the corporation was unable to pay them due to poor financial condition.

CUMULATIVE PREFERRED SHARES - shares with accumulating unpaid dividends, giving their owners the right to demand repayment of debt from the issuing company. The debt must be repaid before dividends on common shares are paid.

BEARER SHARES - shares the legal owner of which is their bearer. The assignment of rights under such a share is made through its actual transfer. A. on the item can be issued only if they are fully paid for.

CONVERTIBLE SHARES - preferred shares, which, at the request of their owners, can be exchanged for ordinary shares at the coefficient specified in the contract.

ORDINARY SHARES - shares that do not give the right to receive dividends in a fixed amount and priority, but provide the opportunity to participate in the management of the issuing organization by voting at the general meeting of shareholders (therefore, ordinary shares are called voting), in contrast to preferred shares (without the right vote). According to Art. 25 Federal Law of the Russian Federation “On Joint-Stock Companies” dated December 26, 1995, the nominal value of all joint-stock companies. society should be the same.

PREFERRED SHARES - shares that give the right to receive dividends in a fixed and priority manner (relative to holders of ordinary shares). According to the legislation of the Russian Federation - voiceless, i.e. without the right of their owner to participate (by voting) in the management of the affairs of the issuing organization. Nominal value of placed A.p. should not exceed 25% of the authorized capital of the joint-stock company.

ORDINARY SHARES - see Ordinary shares.

LABOR SHARES is one of the types of shares; are distributed only among employees of this enterprise and are not subject to alienation to third parties. A.t.k. holder does not have the right to participate in the management of the enterprise. Attempts to introduce this kind of shares were made privately in the USSR in 1988-1991.

SHAREHOLDER is the owner of shares who receives profit from them in the form of dividends. In relation to the joint stock company, A. bears the only obligation - to pay that part share capital, represented by the share for which he subscribed. The amount of liability is determined primarily by the nominal price of the share. Dr. A.'s duties may be specifically stipulated in the charter of the joint-stock company. A., who owns ordinary (voting) shares, has the right, in addition to receiving dividends, to take part in the management of the joint-stock company.

JOINT STOCK LIMITED LIMITED LIABILITY - in some foreign countries, a type of company (partnership) that connects elements of a joint stock company and limited partnership. Some participants - investors - are liable for the obligations of the A.K. with all their property, and others - shareholders - only within the limits of their contribution.

JOINT STOCK COMPANY - according to the civil legislation of the Russian Federation, a company whose authorized capital is divided into a certain number of shares; members of A.o. (shareholders) are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of the shares they own (Federal Law “On Joint-Stock Companies” of December 26, 1995). One of the organizational and legal forms of legal entities.

CLOSED JOINT STOCK COMPANY - a joint stock company whose shares are distributed only among its founders or other predetermined circle of persons. He does not have the right to conduct an open subscription for shares issued by him or otherwise offer them for acquisition to an unlimited number of persons. Shareholders of A.O.Z. have a pre-emptive right to purchase shares sold by other shareholders of this company. Number of participants of A.o.z. should not exceed 50 (Federal Law “On Joint-Stock Companies” dated December 26, 1995).

OPEN JOINT STOCK COMPANY - a joint stock company whose participants can alienate their shares without the consent of other shareholders. It has the right to conduct an open subscription for shares issued by it and their free sale under the conditions established by law and other legal acts.

JOINT STOCK LAW is a set of legal norms establishing the status of joint stock companies and their participants (shareholders). Its subject is also corporate (membership) relations that develop between shareholders and companies.

JOINT STOCK BANKS - banks organized in the form of joint stock companies.

SHARE CAPITAL - the fixed capital of a joint-stock company, which is formed through the issue of shares. It is the authorized capital, since its size is determined by the charter of the company. A.k. also called nominal and authorized capital.

SHAREHOLD REGISTER - a list of owners of registered shares maintained by a company or, on its behalf, by a special registrar organization.

CORPORATION - a method of privatization of state and municipal enterprises by transforming them into open joint-stock companies. It has been widely developed in the Russian Federation since 1992.

SHARE (from Latin actio - order, permission, claim) - in a material sense, the right to participate in a joint-stock company, namely: a) the right to a part of the profit from the company’s activities in the form of a dividend; b) the right to participate in the division of the company’s property upon its liquidation; c) the right to participate in managing the affairs of the company. Other rights of shareholders (shareholders), for example, to information about the activities of the company, are auxiliary. In its formal meaning, A. is a document of the established form (a security in in its own sense words), certifying the right to participate in a joint stock company.

ALEATORY CONTRACTS (transactions) - in civil law, risky contracts, the execution of which depends on circumstances unknown to the parties at the conclusion of the contract, A.d. contains a condition that makes it impossible to accurately calculate benefits and possible losses in the event of its execution. To A.d. include insurance contracts, purchase and sale of a house on the terms of the seller's lifetime maintenance, various transactions related to gambling and betting.

ALIBI (from Latin alibi - in another place) - in forensic science, the fact that the accused or suspect is outside the scene of the crime at the time of its commission, established by his proven presence at that time in another place.

ALIENATION - 1) alienation, mortgage, sale; right of sale or transfer; 2) an operation leading to a change in the owner of shares, capital, value (for example, sale, transfer).

ALIMONY (from the Latin alimentum - food, maintenance) - in family law means for maintenance. The basis of the alimony obligation is family relationships - marriage, adoption, etc. Minor children, and in some cases disabled adult family members, have the right to alimony. Unlike the previous one, the new Family Code of the Russian Federation establishes that parents have the right to enter into an agreement on the maintenance of their minor children (agreement on the payment of A.).

ALCOHOLISM - alcohol abuse, weakening self-control and leading to illegal actions. Chronic A. is a disease. In the Russian Federation, A. entails a number of legal restrictions (for example, the inability to purchase civilian weapons, obtain licenses for certain types of activities, or be a guardian or trustee). Persons who are chronically ill with A. may be deprived of parental rights (Article 69 of the Family Code of the Russian Federation). According to the Criminal Code of the Russian Federation (clause 1 of Article 97), the court has the right to impose compulsory medical measures on persons who have committed a crime and are recognized as needing treatment for A. Conditionally convicted persons may be required to undergo a course of treatment for A. (Clause 5 of Article 73 of the Criminal Code of the Russian Federation).

ALCOHOL INTOXICATION - see Intoxication.

ALLOD (German allod, Frankish alodis, from al - full and od - possession) - among the Germanic tribes and in the early feudal states of Western Europe, freely alienable individual-family land. own. With the development of feudal relations, the majority of small agribusinesses turned into dependent peasant holdings, and those of large and medium-sized landowners into benefices and fiefs. It existed as a relic even under developed feudalism.

ALLONGE - an additional sheet attached to the bill of exchange, on which endorsements (endorsements) are made if they do not fit on the reverse side of the bill of exchange. It is customary to start the first endorsement on it on the bill of exchange and end with A. An aval can also be made on it.

ALKABALA (from Arabic al-kabala - collection) - a tax on trade transactions in Spain (XII century - 1845) and its colonies (second half of the XVI - early XIX V.). The introduction of A. in 1571 in the Netherlands (historical) served as one of the reasons for the general uprising of 1572 in the north of the country.

ALCALDE (Spanish: alcalde) - in Spain and a number of Latin American countries, chairman of the municipal council; city ​​judge.

ALMENDA (German: Allmende) - among the Germanic peoples in the early Middle Ages (and then in the countries of Western Europe) land (pastures, forests, meadows, wastelands, fishing grounds) that were in common use by members of one or more territorial communities (marks) .

ALPARI - compliance of the exchange rate of securities or market exchange rates with parity (parity).

ALTERNAT (from Latin alter - one of two) - in international law, a norm according to which in the copy of an international agreement intended for a given contracting party, in the first place are placed: its name (in the general list of parties), signatures of authorized persons, seal and text agreement in the language of its state. A. is also called the copy of the contract that remains with this party after it is signed.

ALTERNATIVE CIVIL SERVICE - a type of service that a citizen is obliged to perform instead of military service, if it contradicts the beliefs or religion of this citizen, as well as in other cases established by law. The right of citizens of the Russian Federation to A.G.S. established by Art. 59 of the Constitution of the Russian Federation.

ALTERNATIVE VOTING is a voting method used in a majoritarian electoral system to improve its effectiveness. Gives the effect of two-, three-, four-round voting already in one round. With A.g. The voter places his or her preferences on the ballot next to each candidate. If, when the first preference votes are counted, no candidate obtains an absolute majority, the votes cast for the least successful candidate are distributed among the remaining candidates in accordance with the second preference. This procedure continues until one of the candidates receives an absolute majority of votes during the counting.

ALTERNATIVE OBLIGATION - two or more specified actions of the debtor, the performance of one of which is the fulfillment of the obligation.

ALTERNATIVE ELECTIONS - see Alternative elections.

ALTING is the name of the bicameral parliament of Iceland.

AMANAT (Arabic) - according to the customary law of a number of Arab and other eastern countries, a hostage taken as security for a debt obligation. It was also used in Ancient Rus'.

AMNESTY (gr. amnestia - oblivion, forgiveness) - complete or partial exemption from criminal liability or from punishment for an indefinite number of persons who have committed crimes, or the replacement of a punishment with a more lenient one, or a reduction in its term, or the removal of a criminal record from persons who have served it. In the Russian Federation, A. is declared by the State Duma.

AMBALAZH (from the French "emballage" - packaging) - in international trade, packaging costs, packaging material.

AMERICAN DEPOSITORY RECEIPT - a receipt certifying ownership of shares of a company resident in a foreign country acquired during their placement in the United States; circulates freely on the market.

AMERICAN CERTIFICATE OF DEPOSIT - A document certifying that the shares of a foreign company are on deposit with or under the control of a US banking institution. Used to facilitate transactions and expedite the transfer of ownership of foreign securities into the United States.

DEPRECIATION CHARGES - gradual compensation for depreciation of fixed assets in value terms. There are A.o. for full and partial restoration. The former must cover not only physical, but also moral wear and tear of fixed assets; the latter are intended for their overhaul.

DEPRECIATION LIFE - the period of full repayment of the cost of means of production through depreciation charges. Used to calculate the depreciation rate. In most countries it is regulated by the state.

DEpreciation Fund - funds intended for simple and expanded reproduction of fixed assets; has a dual economic nature, i.e. simultaneously serves the process of compensation for depreciation of fixed assets and the process of their expanded reproduction.

DEPRECIATION (from the Middle Ages. Lat. amortisatio - repayment) - 1) the process of gradually transferring the cost of means of labor (as they wear out physically and morally) to the product produced with their help; the use of special funds - depreciation deductions, included in the costs of production and circulation, for simple and expanded reproduction of fixed assets. In insurance, A. is more often understood as the natural physical and moral wear and tear of the insurance object and, as a consequence of this, a decrease in its value; 2) restoration of rights from lost bearer and order securities by declaring them destroyed.

AMPARO (Spanish amparo - patronage, protection, assistance) - in the law of Spain and a number of Latin American countries (Mexico, Ecuador, Peru, etc.) a special procedure that is a means of protecting the basic constitutional rights of an individual, in many ways similar to a constitutional complaint. The main difference is that A. is individual in nature. So, according to Art. 107 of the Mexican Constitution, the decision rendered by the federal court in cases of violation of human rights provides protection in a specific case and does not contain a general statement of the law or the act complained of.

ANALYTICAL JURIPRUDENCE (gr. analytikos - related to analysis and lat. jurisprudentia - jurisprudence, the totality of scientific and practical activities of lawyers) - a system of scientific analysis of current law with the aim of its comprehensive theoretical understanding and effective practical use. Modern A.Yu. is a modification of the latest legal positivism.

ANALYTICAL ACCOUNTING - detailed accounting of business transactions and enterprise funds using analytical accounts.

ANALOGY OF LAW - a technique used in situations where the relations over which a dispute has arisen are not regulated either by the rules of civil law or by agreement (contract) of the parties; brings certainty to the relationships between the parties to the conflict. Application of the law by analogy is allowed if the following necessary conditions are met: a) the relationship over which a dispute has arisen is not directly regulated by the rules of law or by an agreement between the parties; b) there is a legislative act that regulates similar relations and therefore can be applied to the controversial case. A.z. provided for in Art. 6 Civil Code of the Russian Federation. Application of A.Z. in criminal law in democratic states is strictly prohibited. From A.z. A distinction should be made between the legislative technique of reference regulation, when a normative act regulating a certain relationship states that a particular issue must be resolved in accordance with specific rules governing another type of relationship.

ANALOGY OF LAW - application to relations not regulated by the norms of a given branch of law, general principles and principles of the corresponding branch of law. It is used as a last resort, when it is impossible to use the analogy of the law. Serves as a means of filling gaps in the law. The use of A.p. is unacceptable. in criminal cases.

ANGARIA (gr. angareia) - in international law, the use of ships and other vehicles (including railway rolling stock) belonging to neutral states, located on the territory of one of the warring parties, by that party for military purposes. Allowed only in cases of extreme necessity and subject to subsequent compensation. These restrictions on A. are provided for in the Hague Conventions on the Laws and Customs of War of 1907.

ANGLO-AMERICAN LEGAL SYSTEM - a system of law operating in England, as well as (in more or less pure form) in the USA, Australia, Ireland, Canada and other former English colonies. For A.-a.p.s. characterized by the presence of statutory law, the source of which are acts of parliament, and common law, the absence of division of law into public and private, the predominantly casuistic (rather than abstract) nature of the norms, the great importance of judicial precedent and legal doctrine among the sources rights. Often in Russian literature A.-a.p.s. is called Anglo-Saxon, which is not entirely correct, since in the exact sense this concept existed in England only before the Norman conquest of the 11th century. In comparative law, a synonym for A.-a.p.s. - "common law system".

ANGLO-SAxon laws (Anglo-Saxon laws) - records of customary law among the Anglo-Saxons in the 7th-9th centuries. Unlike other barbaric truths set out in Latin, A.-s. n. written in Old English; they show no Roman influence. They reflected the beginning of differentiation of society into nobility (Earls, Gesits) and ordinary free tribesmen (Kerls). The Wessex "Laws of Alfred" (late 9th century), partly retaining the features of a law code, are already a set of royal and church decrees that were valid for the entire territory subject to Alfred.

UNDERWRITER (eng. underwriter) - 1) a person who guarantees the issuer of investment securities (shares, bonds) to place their issue on the market on agreed terms for a special fee. After the expiration of the established period, A. is obliged to redeem the unplaced part of the issue at his own expense. In Russia, A.'s activities are usually carried out by investment companies; 2) a person authorized by an insurance (reinsurance) organization or a Lloyd's syndicate to accept risks for insurance (reinsurance). Responsible for the formation of the insurance portfolio. Must have the necessary knowledge and practice to establish appropriate risk levels, premium rates and insurance terms.

UNDERWRITING - the initial placement of securities on the market.

QUESTIONNAIRE - a list of questions (questionnaire) to be filled out independently by the respondent.

ENCLAVE (French enclave, from Latin inclavo - I lock it with a key) is a part of the territory of one state, completely surrounded by the land territory of another or several states. The presence of A. entails certain international legal consequences, associated, for example, with the right of passage to it through the territory of another country, as well as with other vital important issues. Such issues are resolved on the basis of an agreement between the interested states.

HIGH SEA ENCLAVES - parts of maritime space more than 200 nautical miles from the coast and completely surrounded by the economic zone of one or more states. In the 1982 UN Convention on the Law of the Sea and other international treaties A.O.M. not used as a special term. At the same time, the existence of such a concept is recognized in the doctrine of international law.

ANNEXATION (from Latin annexio - accession) - forcible annexation of the territory of another state. International law prohibits A. as a violation of the principles of territorial integrity, inviolability and inviolability of state borders.

ANNUITIES (from the Middle Ages. Lat. annuitas - annual payment) - 1) annual annuity payments on bonds of long-term government loans; 2) the state long-term loans themselves, for which the lender annually receives a certain income (rent), established with the expectation of gradual repayment of the capital amount of the debt along with interest on it. Not currently practiced; 3) in the UK and others English speaking countries- annual payments of various types, including rent, interest, etc.

CANCELLATION (ANNULATION) (from Latin annullo - I destroy) - cancellation, declaration of invalidity of any act, agreement, rights or powers.

CANCELLATION OF STATE INTERNAL DEBT - complete refusal of the state from debt obligations; is, as a rule, a last resort measure due to a change in political power. So, in 1918, the Soviet government decided to cancel the debts of Tsarist Russia, including internal ones.

CANCELLATION OF AN INTERNATIONAL AGREEMENT is a unilateral refusal of a state to an international treaty concluded by it, as a result of which it loses its legal force for that state. Unlike denunciation, it is not based on a preliminary agreement of the parties, enshrined in the text of the agreement itself, but is unilateral in nature. Therefore, A.m.d. is not provided for by international law. It is legal to annul invalid international treaties, treaties concluded by the predecessors of a given state, as well as A.m.d. caused by its violation by the other party, change in circumstances, etc.

ANONYMOUS (from the gr. anonymos - nameless) - 1) the author of a letter or essay who hid his name; 2) an essay without indicating the name of the author.

ANONYMOUS COMPANY - in France and a number of other countries the name of a joint stock company.

ANONYMOUS ACCOUNT - a bank account in which funds are managed without the bank identifying the person making the request to perform operations on the account. Identification of the person who has the right to dispose of funds located on the A.S. is carried out using numbers, codes, passwords and other means (except for the name or name of the bank client). The most widely used type of A.S. is a numbered account, when an authorized person is identified using the account number specified in the document issued to the bank client in confirmation of this agreement.

ANTARCTICA is an international territory, a region of the globe whose geographical center is the South Pole; covers Antarctica, its adjacent islands and ice shelves, as well as parts of the Atlantic, Indian and Pacific oceans. The international legal regime of Armenia is regulated by the Treaty on Armenia, signed in Washington on December 1, 1959 (entered into force on June 23, 1961).

ANTI-DUMPING DUTIES are a special type of customs duties provided for in Art. 9 of the Law of the Russian Federation “On Customs Tariffs” dated May 21, 1993 A.p. are applied in cases of import into the customs territory of the Russian Federation of goods at a price lower than their normal value in the country of export, if their import causes or threatens to cause material damage to domestic producers of such goods or interferes with the organization or expansion of their production in the Russian Federation.

ANTIDATE - issue a document or bill of exchange backdated.

ANTI-CARTEL LEGISLATION - in some countries (Germany, Austria, Switzerland) the name of anti-monopoly legislation.

ANTI-COMPETITIVE PRACTICE - violation of competition norms by monopolies by seizing a dominant position in the market, allowing them to restrict access to other producers, dictate prices and other terms of commercial activity.

ANTICRESIS (gr. antichresis) - in Roman law, an agreement between the pledged creditor and the debtor, according to which the creditor can take the fruits of the pledged thing, counting or not counting them as interest or in the amount of the debt itself. A. was also common in medieval Europe; in modern times, enshrined in the French Civil Code of 1804.

ANTI-MONOPOLY POLICY is a set of government measures (relevant legislation and taxation system, denationalization of property, encouragement of small business, etc.) aimed against monopolization of production and the development of competition among commodity producers.

ANTI-MONOPOLY LEGISLATION is a system of regulations, individual legal norms and institutions designed to ensure the protection of the buyer from the monopoly of the manufacturer by establishing economic, organizational and other restrictions (regulation of pricing processes at monopolistic enterprises, a system of legal sanctions for monopolistic actions, etc.). In the USA it is called antitrust law.

ANTINOMY - a real or apparent contradiction in the law

ANTITRUST LAW is a type of antitrust law in industrialized countries. Aimed at limiting monopoly power, especially developed in the USA. The most famous are the Sherman Acts (1890), Clayton Acts (1914), Keiler-Kefauver Acts (1950), as well as regulations of the US Department of Justice and courts.

ANTICIPATION (lat. anticipatio) - payment of money on a debt obligation before the agreed date. An agreement under which the buyer, in the event of early payment, is entitled to a discount based on the average interest rate.

ANTICIPATE - to anticipate, i.e. do something ahead of schedule or pay off a debt before the event occurs.

ANTHROPOLOGICAL SCHOOL OF CRIMINAL LAW - one of the directions in the science of criminal law; originated in the 1870s. in Italy. The founder was the Italian psychiatrist Cesare Lombroso (1835-1909). The main thesis of A.sh.u.p. is that crime is not a social phenomenon, but a purely biological one, which is why the criminal must be studied from an anthropological point of view. According to supporters of A.sh.u.p., a criminal is a special biological type with characteristic features appearance; some people are born criminals and cannot be reformed. Denying the basic principles of the classical school of criminal law, A.sh.u.p. proposed to replace criminal courts with administrative and medical bodies designed to determine whether a particular subject has the traits of a “criminal person” and decide on the security measures that should be applied to him.

ANTHROPOMETRY - recommended in the mid-19th century. Belgian Adolphe Quetelet's method of measuring body parts for the purpose of identifying criminals and other persons. It was used by the police of many countries from 1888 until the invention of fingerprinting. It is also called (after the Frenchman Bertillon, who perfected A.) “Bertillonage.”

APANAGE (French apanage) - part of the royal domain, granted in France (until 1832) and some other European monarchies by feudal sovereigns to their younger sons and brothers (usually for life).

APARTHEID (in Afrikaans apartheid - separation, division, isolation) is an international crime directed against humanity; the policy of racial segregation, discrimination and oppression pursued by the South African government against indigenous African and other non-European populations until the early 1990s. The Convention on the Suppression and Punishment of the Crime of Apartheid of 1973 qualifies A. as a crime against humanity (Article 1).

Stateless persons - see Stateless persons.

APELLA - people's assembly in the ancient Greek state of Sparta. Formally, A. was the highest authority that met monthly. At the meeting, laws were adopted, officials were elected, issues of war and peace, alliances with other states were resolved, issues of inheriting the position of leader (king) were considered, it was determined which of the leaders should lead the army on a campaign, etc. All Spartiates who reached the age of 30 participated in A. Initially it was convened by the leaders and gerousia, later by the ephors. A decision that the gerusia or leaders considered harmful to the state could be canceled by them.

APPELLANT - a party to a lawsuit filing an appeal

COURT OF APPEALS - in a number of states, a judicial body for the review of cases, decisions and sentences in which have not yet entered into legal force. A.s. conducts a re-examination of the evidence and has the right to either approve the previously made decision or make a new one. There are none in the judicial system of the Russian Federation.

APPEAL (from Latin appellatio - appeal) - in a number of states one of the forms of appealing a court decision (both in criminal and civil cases). The term has a double meaning: an appeal to a higher (appeal) court with the aim of reviewing a decision or sentence of a lower court; a complaint to a higher court, which contains a reasoned request to correct or cancel an act of a lower court. In the Russian Federation, A. as a form of appeal was restored (after abolition in 1917) with the adoption of the Arbitration Procedure Code of the Russian Federation of 1995.

APOLIDS - see Stateless people.

APOSTILLATION - highest degree certification of documents, recognized in all countries that have signed the 1961 Hague Convention. The authenticity of the apostille can be checked at the Ministry of Foreign Affairs of any country that is a member of the Convention.

APOSTILLE is a special stamp that, in accordance with the 1961 Hague Convention, is placed on official documents of the states parties to the Convention in order to exempt these documents from the need for diplomatic or consular legalization. A. certifies “the authenticity of the signature, the quality in which the person signing the document acted, and, in appropriate cases, the authenticity of the seal or stamp with which this document is sealed” (Article 5 of the Convention).

STATE APPARATUS - in the science of constitutional law, a system of bodies that practically carry out the functions of the state. In a narrow sense, it is a set of executive (administrative) authorities that carry out the day-to-day management of the state.

ARBITER (arbiter) (lat. arbiter) - a mediator in disputes of an economic nature, elected by mutual agreement of the parties or is an official acting in accordance with arbitration legislation. Member of the International Commercial Court (ICC) of the Chamber of Commerce and Industry of the Russian Federation, as well as a member of the Maritime Arbitration Commission (MAC). A., who is part of the ISS or IAC, is appointed by the presidium of the Chamber of Commerce and Industry. His rights and obligations are established by the regulations on these commissions and the rules on the conduct of cases in each of them. A. must be included in the official list, valid for a certain period (for list A. MKS - 4 years.)

ARBITRATION - resolution of economic and labor disputes by an arbitration court elected (appointed) by the parties, as well as one of the names of the latter (see International Commercial Arbitration, Arbitration Court). In the USSR, there was a system of state and departmental administrative bodies that specialized in resolving economic disputes between enterprises. Abolished due to the creation of a system of arbitration courts.

ARBITRATION COMMISSION - a commission established at the exchange; deals with the resolution of disputes arising between participants in transactions registered on the exchange (see Exchange transaction).

ARBITRATION CLAUSE - a provision of an agreement (contract) on the place and procedure for resolving disputes that may arise from this agreement (contract) or in connection with it.

ARBITRATION CONCILIATION - reconciliation of the parties as a result of arbitration proceedings.

ARBITRATION PROCEDURE LAW is an independent branch of law in a number of countries (including the Russian Federation); a set of legal norms regulating relations arising in the process of arbitration courts' consideration of cases on economic disputes arising from civil, administrative and other legal relations.

ARBITRATION AGREEMENT - an agreement between the parties to submit to arbitration all or certain disputes that have arisen or may arise between them in connection with any specific legal relationship, regardless of whether it was contractual in nature or not. A.s. may be concluded in the form of an arbitration clause or a separate agreement. Concluded in writing.

ARBITRATION Assessors - in the Russian Federation, citizens included in the lists of arbitration assessors and called upon, in accordance with the procedure established by law, to participate in the consideration of cases in an arbitration court. The concept of "A.Z." was first introduced by the Federal Law "On the Introduction of the Arbitration Procedural Code of the Russian Federation" in 1995. There, the Supreme Arbitration Court of the Russian Federation was instructed to conduct an experiment in considering cases involving A.z. The experiment is carried out during collegial consideration of cases in the first instance. A.z. there may be persons who have reached 25 years of age and have special knowledge and experience in the field of entrepreneurial and other economic activities. They participate in the consideration of the case and decision-making on an equal basis with professional judges. The court consists of one professional judge and two judges, if, in accordance with the Arbitration Procedure Code of the Russian Federation, the case can be considered by a single judge. In cases where the case is subject to collegial consideration, the court consists of three professional judges and two A.Z.

ARBITRATION COSTS - according to the legislation of the Russian Federation, they consist of state fees and costs associated with the consideration of the case: the cost of an examination appointed by the arbitration court, calling a witness, on-site examination, and interpreter services. From paying A.r. Prosecutor's offices, as well as state and other bodies that apply to the arbitration court to protect the rights and interests of other persons, state and public interests, are exempted in other cases provided for by the legislation of the Russian Federation. The arbitration court, based on the property status of a citizen-entrepreneur, has the right to exempt him from paying A.R. to state income.

ARBITRATION COMMITTEE - a body that appoints arbitrators to resolve disputes between members of the exchange, as well as in the case of non-member clients in the event of disputes between them and members of the exchange.

ARBITRATION PROCESS - a form of activity of arbitration courts established by the rules of arbitration procedural law; subject A.p. - economic disputes of organizations, citizen-entrepreneurs and other cases within the competence of the arbitration court of the Arbitration Procedure Code of the Russian Federation and other federal laws. In the Russian Federation A.p. became an independent type of legal proceedings from civil proceedings around 1992.

ARBITRATION COURT - in the Russian Federation and a number of other countries, a type of court vested with special jurisdiction (courts of special jurisdiction). According to Art. 22 Arbitration Procedure Code of the Russian Federation A.s. jurisdiction over economic disputes arising from civil, administrative and other legal relations: a) between legal entities, citizens carrying out business activities without forming a legal entity and having the status individual entrepreneur, acquired in accordance with the procedure established by law; b) between the Russian Federation and the constituent entities of the Russian Federation, between the constituent entities of the Russian Federation. A.s. considers other cases, including: on establishing facts that are important for the emergence, change or termination of the rights of organizations and citizens in the field of entrepreneurial and other economic activities; on the insolvency (bankruptcy) of organizations and citizens. They are federal courts. System A.s. constituted by: Supreme Arbitration Court of the Russian Federation; Federal A.S. districts; A.s. subjects of the Russian Federation.

ARBITRATION MANAGER - a person appointed by the arbitration court, to whom the functions of external management of the debtor’s property are transferred (see External management).

RENT (Polish arenda) - fixed-term possession and use (or only use) of property for a fee based on a contract. Synonym: property lease. See also Lease Agreement.

INTERNATIONAL TERRITORY LEASE - provision on a contractual basis by one state to another of a part of its territory or objects (structures) located on it for use for a certain period, for certain purposes and under certain conditions. The lessor state retains sovereignty over the territory leased, limiting, in a manner strictly defined by the agreement, some of its rights in favor of the lessee state. Territory lease agreements have become widespread in the practice of construction and operation of transport routes (canals, pipelines), the establishment of free zones in ports, etc. To other forms of A.t.m. include the lease of sections of state territory by international organizations and foreign missions.

RENTAL OF A VEHICLE WITH CREW - see Rental Agreement vehicle with the crew. TENANT - a party to a lease agreement (property lease), which receives property from the lessor (lessor) for a fee for temporary possession and use or for temporary use. Synonym: "employer".

RENTAL FEE - payment for property provided under lease. A.p. size determined by agreement of the parties, and in the case of leasing state property - on the basis of standards approved by the relevant state authorities or local government. A.p. value includes depreciation charges on the cost of the leased property, as well as part of the income from its use.

LEASED ENTERPRISE - an enterprise that is formed after the conclusion of a lease agreement between a government agency and an organization of tenants, formed by decision of the labor collective. Acts on the basis of the charter approved by the general meeting. When switching to leasing, the enterprise is obliged to undertake the fulfillment of government orders and orders for the sale of products in a volume not exceeding orders accepted for the year of its leasing. As for the rest, in organizing his economic activities A.p. completely on your own. A.p. in the Russian Federation became widespread in the initial period of economic reform (1990-1992), but were later transformed into private enterprises through privatization. The current legislation of the Russian Federation does not provide for the possibility of creating an A.P. as a separate organizational and legal form.

RENTAL CONTRACT - forms of organization and payment of labor for employees of rental collectives within enterprises. A contract agreement is concluded with the administration of the enterprise, under which the rental collective undertakes to produce and transfer to the enterprise a certain amount of products at on-farm prices and tariffs. He has the right to dispose of products produced in excess of this volume independently. Agreement A.p. determines the amount of rent, the size and procedure for the participation of the rental team in the expenses and payments of the enterprise, and the responsibility of the parties. Form A.p. became widespread during the initial period of economic reform in the Russian Federation (1990-1992).

LESSOR - a party to a lease agreement (property lease), providing the tenant (tenant) with property for a fee for temporary possession and use or for temporary use. Synonym: renter. According to Art. 608 of the Civil Code of the Russian Federation, the right to lease property belongs to its owner. A. there may also be persons authorized to do so by law or by the owner.

AREOPAGUS (rp. Areios pagos, lit. - hill of Ares) - 1) authority in Ancient Athens; named after the meeting place on the hill of Ares near the Acropolis." It arose in the era of the tribal system as a council of elders. Consisted of lifelong members, from the 8th century BC replenished from former archons, candidates for which were outlined and elected by A. Possessed a wide political , judicial, supervisory and religious authorities; 2) the name of the Supreme Court in Greece.

ARREST (from Latin arrestum - court order) - 1) in criminal procedural law, a preventive measure consisting of taking the accused into custody; 2) according to Russian criminal law (Article 54 of the Criminal Code of the Russian Federation) one of the types of punishment (assigned only as the main one); keeping the convicted person in conditions of strict isolation from society for a period of one to six months. In case of replacement of compulsory labor or correctional labor, A. may be appointed for a period of less than one month. The military personnel are serving A. in the guardhouse; 3) the most severe administrative penalty in the legislation of the Russian Federation (see Administrative arrest); 4) a disciplinary measure provided for by the disciplinary regulations of the army and internal affairs bodies (A. disciplinary).

ARREST OF PROPERTY - inventory of property and announcement of a ban on its disposal. In civil proceedings A. and. used in the execution of court decisions as one of the measures to secure a claim. In accordance with the criminal procedural legislation of the Russian Federation, A.i. carried out by the investigator to secure a civil claim arising from a criminal case, as well as in the event of possible confiscation of property.

DEPOSIT ARREST - see Account arrest.

ACCOUNT STORAGE (deposit arrest) - a prohibition to dispose of funds in an account (deposit) with a credit institution. A.s. carried out by decision of the competent authorities in order to prevent the alienation of funds in the account and their concealment from collection. A.s. accompanied by drawing up an inventory of the relevant funds and a special act. In a procedural sense, A.s. is a measure to secure a claim, as well as one of the enforcement measures used by bailiffs in order to foreclose on the debtor’s property. According to Art. 858 of the Civil Code of the Russian Federation, restriction of the rights of a client of a credit institution to dispose of funds on the account is not allowed, with the exception of seizing funds on the account or suspending operations on the account in cases provided for by law. A.s. can be imposed only by a court and an arbitration court, a judge, as well as by decision of the preliminary investigation authorities with the sanction of the prosecutor.

ARRANGEMENT COMPANIES - in Russia since the beginning of the 18th century. special formations of those sentenced to work in fortresses, since 1825 - a type of punishment for minor criminal and political crimes; replaced the Siberian exile. In A.r. The army regime was combined with forced labor. In 1870 they were transformed into Correctional Prison Departments (existed until 1917).

ARRESTED HOUSES - 1) in pre-revolutionary Russia, places of detention where short-term imprisonment (arrest) was served by sentences of magistrates, city judges and zemstvo chiefs; 2) in the Russian Federation (since 1997) special institutions in which, according to Art. 68 of the Penal Code of the Russian Federation serve sentences for those sentenced to arrest. In hell. the sentence is served at the place of conviction.

ARCTIC is the northern region of the Earth, including the deep-sea Arctic basin, shallow marginal seas with islands and adjacent parts of the mainland of Europe, Asia and North America. The Arctic states are the Russian Federation, Norway, Canada, Denmark and the USA. Legal regime A. is determined by the current norms of international maritime law and the national legislation of the Arctic states (in particular, the Law of the Russian Federation “On the Continental Shelf of the Russian Federation” of October 25, 1995).

ARMATOR (armator) - in marine insurance, the shipowner or his authorized representative operating a sea vessel without ownership rights. A. equips the ship for a voyage, hires a crew, invites the captain and is responsible for his actions.

ARMY - in the narrow sense, the ground armed forces of a state (as opposed to the navy). In a broader sense - all military units and divisions of the system of the state Ministry of Defense (armed forces); in the Russian Federation - also large military formations stationed within a region.

ARTEL (eng. artel, work association) is the name of the organizational and legal form of a legal entity based on property contributions and personal labor participation of the founders. In pre-revolutionary Russian law, “a society of workers, formed by voluntary agreement among themselves, to perform services and work disproportionate to the strength of one person” (T. XI st. trade, art. 2409). The members of the A. were divided into the artel members themselves - persons who paid the entire entrance fee ("vkup"), and novices (boys) - who contributed part of the "vkup". The former received full payment for their work, and the latter received in proportion to the part of the contribution they made. In Soviet Russia during the NEP period, the understanding of the term A. suffered from uncertainty, but in practice it was closest to the pre-revolutionary one. In post-NEP Russia, the term "A." preserved to designate the labor association of miners. Currently the term "A." is a synonym production cooperative, which is directly enshrined in Art. 107 Civil Code of the Russian Federation.

ARTICLE (from Latin articulus - section; article) - 1) military regulations issued by Peter I; 2) (established) article of law; 3) type of product, product, its digital or letter designation. ARCHIVE (Latin archivum, from the gr. archeion - public place) - 1) a collection of documents, photographs, manuscripts related to the activities of an institution or person; 2) the division of the organization where the documents are stored; 3) the institution where documentary materials are stored. According to the legislation of the Russian Federation, legal entities and individuals of the Russian Federation are guaranteed the right to create archives. The creation of secret archives from documents of the state part of the Archive Fund of the Russian Federation, as well as containing information classified as especially valuable and unique, or affecting the rights and legitimate interests of citizens, is not allowed. The procedure for permanent and temporary storage of documents of the state part of the Archive Fund of the Russian Federation in state and departmental archives is established by the State Archive Service of Russia.

ARCHIPELAGIC PASSAGE (span) - in accordance with Art. 53 of the UN Convention on the Law of the Sea of ​​1982, the passage of a vessel (flight of an aircraft) through the archipelagic and adjacent territorial waters of an archipelagic state along sea corridors established by such a state or air corridors located above them in the exercise of the right of normal navigation and overflight for the purpose of continuous, rapid and unhindered transit from one part of the high seas to another. If the archipelago state does not establish sea and air corridors, the right of A.p. may be carried along routes commonly used for international shipping. All ships and aircraft enjoy the right of A.P.

ARCHITECTURAL SOLUTION - as defined by the Federal Law "On Architectural Activities" of October 18, 1995, "the author's concept of an architectural object - its external and internal appearance, spatial, planning and functional organization, recorded in the architectural part of the construction documentation and implemented in the constructed architectural object" .

ARCHITECTURAL OBJECT - as defined by the Federal Law “On Architectural Activities” of October 18, 1995, “a building, structure, complex of buildings and structures, their interior, improvement objects, landscape or garden art, created on the basis of an architectural project.”

ARCHITECTURAL PROJECT - as defined by the Federal Law “On Architectural Activities” of October 18, 1995, “the architectural part of the documentation for construction and urban planning documentation, containing architectural solutions that comprehensively take into account social, economic, functional, engineering, technical, fire safety, sanitary and hygienic, environmental, architectural, artistic and other requirements for the facility to the extent necessary for the development of documentation for the construction of facilities in the design of which the participation of an architect is required."

ARCHITECTURAL PLANNING TASK - as defined by the Federal Law “On Architectural Activities” of October 18, 1995, “a set of requirements for the purpose, main parameters and placement of an architectural object on a specific land plot, as well as mandatory environmental, technical, organizational and other conditions for its design and construction provided for by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation."

ARCHONT (gr. archon - chief, ruler) - the highest official in the ancient Greek city-states (city-states). Initially, there were three A. in Athens, from the middle of the 7th century. BC. A.'s board consisted of nine persons. In the 5th century BC. have lost their meaning.

ASSESSOR (lat. assessor - assessor) - 1) in Ancient Rome, an official knowledgeable in the laws; appointed to assist praetors, propraetors, proconsuls, provincial governors, and later prefects to perform various judicial functions. During the imperial period, A. (under different names) served as legal advisers to the emperors, helping them with advice and giving opinions on complex legal cases; 2) in the Middle Ages and Modern times, members of some courts in a number of European countries (France, Poland, German principalities); sometimes A. helped the lord who administered justice; 3) in tsarist Russia - an administrative position, as well as a civil rank (collegiate A.).

"ASYMMETRIC" FEDERATION is a model of a federal structure in which the subjects of the federation have unequal constitutional and legal status and, accordingly, the scope of powers. To "A."f. include the Russian Federation, as well as Indian, Canadian, Brazilian, Tanzanian and some other federations.

GRADUATE STUDENT - a person with higher professional education studying in graduate school and preparing a dissertation for the degree of Candidate of Sciences.

GRADUATE STUDY (from Latin aspiro - I strive, I try to get closer) - in the Russian Federation, a form of training for scientists at universities and research institutions.

ASSIGNATS - paper money from the period of the Great French Revolution; applied in 1789-1797.

NOTES - paper money; appeared in connection with the development of commodity production and economic feasibility withdrawal from circulation (as money) of gold and other metals.

APPROPRIATIONS - amounts of money allocated from centralized and decentralized sources to cover costs for specific purposes.

ASSIGNMENT - a document of a strictly defined form, on the basis of which institutions involved in the cash execution of state and local budgets issue funds for expenses provided for by the budget. The term does not appear in the legislation of the Russian Federation.

ASSESSMENTS (late Latin assisae - sessions) - in medieval England the name of some acts of the king (for example, the Clarendon A. on the creation of a grand jury (accusatory jury) in cases of criminal offenses), as well as the name of special types of claims, mobile sessions of courts. Synonym for jury trial.

ASSORTMENT (French assortiment) - a list of types and varieties of products and goods, distinguished by individual indicators (features). A. (nomenclature) is divided into group and expanded. Group A. is a list of various types of products for industrial and technical purposes and consumer goods; by expanded A. we mean the composition of products and goods of the same type, distinguished by individual characteristics - brands, profiles, article numbers, models, styles, heights, sizes, colors, designs, packaging, recipes, packaging, etc.

ASSOCIATION - see Associations of legal entities (associations and unions).

ASSOCIATION OF DISPENSERS - an organization under the Chamber of Commerce and Industry of the Russian Federation, which establishes the presence of general average in case of a shipwreck or accidents at sea, calculates the dimensions, determines the value of the property involved in covering general average, and draws up an average.

ASSOCIATION OF INTERNATIONAL LAW - an international non-governmental scientific organization created in Brussels in 1873. A.m.p. has consultative status with UN organizations - ECOSOC, UNESCO, IMO, UNCTAD. According to the Charter of A.M.P. is designed to promote the progressive development of international law, its fair application, unification of law and the elimination of conflicts of laws.

ASSOCIATED STATE (freely affiliated state) is a concept used to designate a special form of interstate (and in fact often intrastate) relations. Usually under A.g. is understood as a state that voluntarily transferred part of its sovereignty to another state (most often powers on defense, foreign policy relations, organization money circulation). So, A.g. is considered Puerto Rico, remaining a de facto colony of the United States.

ASSOCIATED PERSON - employees of commission houses, as well as agents and persons associated with them, who search for clients, accept their orders, maintain their accounts, are in constant contact with them, and give them recommendations on tactics for performing on the stock exchange. In the USA A.l. are subject to mandatory registration with the government body involved in regulating exchange trading - the Commodity Futures Trading Commission.

ASSOCIATED MEMBER OF A COOPERATIVE - as defined by the Federal Law “On Agricultural Cooperation” dated November 15, 1995, “an individual and (or) legal entity who has made a share contribution, for which he receives dividends, but does not have voting rights in it, except in cases provided for by this Federal Law."

ASTRONYM - see Pseudonym.

HACIENDA (Spanish hacienda) - a large estate in most Latin American countries; in Argentina and Chile it corresponds to estancia, in Brazil it corresponds to hacienda.

ASCIENTO (Spanish asiento - agreement) - treaties under which Spain in the 16th-18th centuries. granted a monopoly right to import black slaves into its American possessions (since 1701, this right belonged to France, in 1713-1750 - to Great Britain).

ATAMAN - the highest commander of the Cossack army (military, command, marching, kosheva A.), Cossack administrative-territorial unit (district, department, stanitsa, farm A.) or commander of a unit (kurenno A.)

ATTACHE (French attache, lit. - attached) - 1) one of the junior diplomatic positions. In the Russian Federation and a number of other states - junior or one of the junior diplomatic ranks, 2) an official assigned to a diplomatic mission as a specialist in any field (for example, military officer, press attache).

CERTIFICATE (from Latin attestor - I testify) - 1) a document confirming graduation from a secondary institution, awarding an academic title; 2) a document issued to a military personnel during service transfers, business trips, on his satisfaction various types allowance, as well as a member of his family for the right to receive part of the allowance.

CERTIFICATION (from Latin attestatio - certificate) - determination of employee qualifications, product quality, jobs, level of knowledge of students; review, characteristics.

ATTORNEY (English attorney) - in English-speaking countries: 1) an authorized representative providing legal services to any person or company; 2) a public official performing the functions of a prosecutor or defense attorney.

ATTORNEY GENERAL - See Attorney General.

AUDIOVISUAL WORK - as defined by the Law of the Russian Federation "On Copyright and Related Rights" dated July 9, 1993, a work consisting of a recorded series of interconnected frames (with or without sound), intended for visual and auditory (in case of accompaniment sound) perception using appropriate technical devices; A.p. include cinematographic and other works expressed by similar means (television and video films, filmstrips and slide films, etc.), regardless of the method of their initial or subsequent recording. Authors A.p. are: director; scriptwriter (screenwriter); author of a musical work (with or without text), specially created for this purpose by A.P. (composer).

AUDIT (audit) is a form of financial control over the activities of organizations in the form of an audit of financial statements carried out at the request of the client.

AUDITOR - 1) a person who checks the state of the financial and economic activities of a company (audit), as well as provides consulting services to it on the basis of a contract concluded with the head of this company. A. can only be a person who has special education and state license; 2) in the Russian Empire, a position in military judicial institutions.

AUDITOR GENERAL - see Auditor General.

AUDITING ACTIVITY (audit) - entrepreneurial activity of auditors (audit firms) to carry out independent non-departmental audits of accounting (financial) statements, payment and settlement documentation, tax returns and other financial obligations and requirements; provision of other audit services.

AUDIT SERVICE is an organization that exercises, on a paid basis, independent control over the implementation of financial and economic transactions, accounting and reporting of business organizations through audits and inspections.

AUDITING FIRM - 1) a company providing consulting on accounting and control of financial activities, when conducting economic and financial audits, on management through the accounting system, etc.; 2) a company that, based on an audit, gives an official opinion on the reliability of the financial report of the corporation and the state of accounting in it.

AUDIT REPORT - a report of an independent public accountant, which is attached to the financial report and contains the auditor's opinion on its reliability and compliance with generally accepted standards

AUDIT'S REPORT - an official document that is an integral part of the annual financial statements; signed by the auditor and contains his conclusion on the compliance of the reporting with the requirements for accounting.

AUCTION (from Latin auctio - sale at public auction) is a type of auction in which a contract for the purchase and sale of property is concluded with the person who offers the highest price. An auction sale can be forced or voluntary, organized by the seller himself or carried out through a special organization acting as a commission agent. See also Auction trading.

CURRENCY AUCTION - see Currency auction.

FOREST AUCTION - open public (oral) and secret auctions in which, with the direct participation of buyers, forest management licenses are sold to those buyers who offered the highest price for them.

AUCTIONEER - the person conducting the auction. From the point of view of civil law, an agent to whom the principal transfers goods for sale at auction. Has the right to receive the purchase price. A., acting within the framework of ordinary powers, obliges the principal even when he violates his instructions.

AUCTION TRADE - the sale of goods at public auction, in which the item being sold is transferred into the ownership of the buyer who offered the highest price for it. A.t., as a rule, is entrusted to a specialized organization that acts as a commission agent in purchase and sale relations. A similar mechanism applies to the forced auction sale of the property of a faulty debtor by court order.

AUCTION PRICE - the price at which goods are valued and sold at auction,

AUCTION RULES - the rules in accordance with which goods are delivered to the auction and sold, contracts are drawn up and purchased goods are received.

AUTHENTIC INTERPRETATION - see Authentic interpretation.

AUTHENTIC - genuine, coming from the original source.

AUTHENTIC TEXT - the final text of an international treaty developed and agreed upon by the parties. The text of a bilateral agreement is usually drawn up in the languages ​​of both parties, and a multilateral one - in the languages ​​accepted as official in the international organization that convenes the conference to develop this agreement, or in the languages ​​agreed upon by the participants in the negotiations or conference. The final articles of an international treaty, as a rule, indicate that all texts of this treaty are equally authentic.

AUTODAFE (Spanish and Portuguese auto de fe, literally - act of faith) - the solemn announcement of the verdict of the Inquisition court in Spain, Portugal, as well as the execution of the verdict itself (usually the public burning of the convicted). The first A. dates back to the 111th century, the last took place in 1826 in Valencia.

AFFECT (from Latin affectus - emotional excitement, passion) is a strong, quickly arising and rapidly occurring mental state, characterized by deep experience, vivid external manifestation, narrowing of consciousness and decreased self-control. There are two known types of A.: physiological and pathological. Physiological anxiety (rage, anger, fear), although it has a great influence on the psyche, does not deprive a person of the ability to recognize, control his behavior and be responsible for it. A crime committed in a state of physiological A (state of mental agitation) does not exclude the criminal liability of a person, but under certain conditions it can be mitigated. Pathological A. is a temporary mental disorder. With it comes a deep clouding of consciousness and loss of the ability to account for and manage one’s actions. In such cases, the person is declared insane.

AFFIDAVIT - in the UK and the USA, a written testimony or statement given under oath and certified by a notary or other authorized official when it is impossible (difficult) for the personal appearance of the witness.

AFFILIATED PERSON - a participant or several interrelated participants of a business company or a person holding a leadership position in the company, who, due to their position as a shareholder or manager, are capable of using the company’s funds and the results of its activities for personal enrichment with its subsequent concealment. The term "A.l." appeared in Russian legislation with the approval of the Decree of the President of the Russian Federation “On measures to organize the securities market in the process of privatization of state and municipal enterprises” dated October 7, 1992. Regulations on investment funds. A.l., according to clause 4 of this Regulation - the manager of a legal entity, its directors and officers, founders, as well as shareholders who own 25% or more of its shares, or an enterprise in which this person owns 25% or more of the voting rights shares Currently category A.l. applied in the Federal Law “On Joint Stock Companies” dated December 26, 1995. The company is obliged to keep records of ALs, report on them and publish lists of ALs in the media.

AIRPORT CHARGES - amounts of money collected by competent government authorities for the use of airports when landing and taking off aircraft.

Axiology of state and law(Greek axia - value) - the doctrine of the place of state and law in the system of other world and human values

Act of application of law - an authoritative, individual decision of a law enforcement agency on a specific legal matter

Analogy of law - resolving a case on the basis of a rule governing similar, analogous relationships.

Analogy of law- resolving a legal case based on the principles of law

Anthropology of State and Law(Greek anthropos - man) - the doctrine of the importance of the state and law in human life, the influence of human nature on the state and law and, vice versa

State apparatus- a system of state bodies exercising state power.

Guarantees of legality - a system of means ensuring the process of actual implementation of the rule of law in practice

Hypothesis- an indication of the conditions under which the norm applies.

Epistemology of state and law(Greek gnosis - knowledge and logos - teaching) - the doctrine of the sources, principles, forms, means and methods of cognition of state and legal phenomena

Government - a special order of organization (device) and use of force capable of solving the affairs of the whole society .

State- is a political and legal institution of a single, universal, sovereign power that has a monopoly on the use of legal public coercion and the creation of legal (legal) norms.

Civil society- part of public life that is not controlled by the state; a certain stage of development of society, which is based on certain criteria for mutual cooperation and interaction between the state and society as a whole

Citizenship- the political and legal connection of a person with the state, which is embodied in the interconnected rights and responsibilities of the individual and the state.

Capacity- this is a real opportunity for an individual, through his actions, to independently exercise rights and responsibilities; occurs after reaching a certain age and depends on the mental and physical state.

Tortibility– the possibility (ability) established by law to bear legal responsibility for an offense committed.

Disposition- part of a legal norm containing an indication of the rights or obligations granted by the subject of law

Law- a normative act adopted by the highest legislative bodies of the state, which is aimed at regulating the most important social relations and has the highest legal force.

Legality- the requirement of strict and strict execution of laws by state bodies, officials, as well as local government bodies in the process of exercising their state powers.

Legislative initiative- a proposal coming from a competent person to adopt a new law

Legislation - the totality of current laws, by-laws, as well as other sources of law.

Individual regulation - power influence on human behavior with the help of one-time, personalized, specific instructions.

Incorporation- a form of systematization in which external processing of normative material occurs without changing the internal content of normative acts.

Execution of rights - implementation of legal obligations established by legal norm

Use of the right- implementation of subjective rights provided for by legal norms

Codification – a law-creating form (method) of systematization, during which new legal norms are added to the internal content of a normative act, the content of existing legal regulations changes, and old norms are removed.

Conflict of laws- contradiction between norms

Consolidation- a form of systematization in which several normative acts regulating similar social relations are combined into one single normative act

Confederation – a form of government that, unlike a federation, has less strong state unity and is formed by states to achieve specific goals.

Corporate standards - rules adopted by non-governmental and public organizations aimed at regulating intra-organizational relations between members of these organizations;

Protection measures- methods for restoring violated rights enshrined in law;

Local government- a form of exercise by the people of their power, ensuring, within the limits established by national legislation, independent and under their own responsibility decisions by the population directly and (or) through local government bodies on issues of local importance based on the interests of the population, taking into account historical and other local traditions

Methodology of the theory of state and law- this is the doctrine of techniques and methods of understanding state-legal reality, as well as their application in the process of cognitive activity.

Methods of legal regulation - techniques, methods of legal influence on public relations

State mechanism- the totality of all government organizations that, one way or another, participate in the implementation of government functions

Legal regulation mechanism - a system of special legal means with the help of which the direct, targeted influence (regulation) of the right to public relations is carried out

Monarchy - a form of government in which the bearer of supreme, sovereign power for life is most often one person (emperor, king, shah, sultan, etc.).

Moral standards - rules regulating people's behavior in accordance with established ideas in society about “good and evil”, “just and unfair”, “good and bad”;

The science- a system of knowledge about the surrounding world, which is expressed in the form of ideas, concepts, theoretical concepts that reflect the patterns of the reality surrounding a person.

Norm rights- a generally binding, formally defined, authoritative judgment (instruction) of a general nature, which expresses the state will, is established and ensured in its execution by the state to regulate social relations.

Regulatory protection of public relations - this is the influence on human behavior with the help of general rules in order to protect social relations from possible and committed violations.

Regulatory regulation of public relations - influencing people’s behavior with the help of general rules in order to streamline social relations, maintaining them within “specified limits.”

Legal act- an official document of the competent authorities, which contains new legal norms, changes or terminates existing legal norms.

Object of legal relationship - what people enter into legal relations for; what the interests of its participants are directed towards.

Customs - rules of behavior that have developed in society as a result of repeated repetition and are carried out by force of habit

Ontology of state and rights and (Greek ontos - existing) - the doctrine of the essence of state and law, their principles, the basic principles of their existence (being)

State organ- a collective (individual person) with a certain competence, state power, acting on a legal basis, which manages the company on behalf of the state that founded it.

Local government bodies (municipal bodies) - bodies elected directly by the population and (or) formed by the representative body of the municipality, vested with their own powers to resolve issues of local importance

Legal responsibility- the obligation of the offender to undergo state condemnation in the form of application in a special procedural order of compulsory adverse measures for the offense committed.

Branch of law- an element of the legal system, a set of norms that, in a similar way, regulates a block of separate (similar) social relations.

Policy- solving socially significant problems, managing the affairs of society as a whole.

Politic system(in a narrow sense) - a set of state and non-state formations (organizations, associations) participating in the management of society; (in a broad sense) - all political public life

Potestary power- power based on force.

Right- a system of generally binding regulations of a general nature that express the state will, are established (sanctioned) by the state, ensuring their implementation and regulating social relations in order to ensure order and organization of social life.

Legal ideology- scientific level of legal consciousness, a system of theoretical knowledge, principles, scientific ideas about legal existence.

Legal culture- the legal atmosphere that exists in society; consists of many phenomena: legal consciousness, legal behavior, materialized in legal values ​​cultivated in society, the activities of legal institutions, legislation, etc.

Legal psychology- a set of practical knowledge, skills, feelings, emotions and ideas about law and other legal phenomena.

Legal system- taken in unity, the totality of all legal phenomena that form the actual legal life of any society

Legal education– purposeful activities of the state, its officials and government bodies, as well as non-governmental organizations, work collectives and individuals to form a high level of legal consciousness and legal culture.

Constitutional state- a state where the rule of law “reigns”, and state power is limited by the requirements of democratic legislation.

Legal consciousness - a set of ideas, views, theories, principles, as well as feelings and emotions of people about legal reality, “legal existence”.

Law Institute- a stable group of norms, identified, as a rule, within a separate branch of law, which regulate homogeneous social relations.

Legal custom- a form of law in which individual customs, with the permission (sanction) of the state, are given legal significance.

Legal status of the individual - the legal status of a person in a state-organized society, the legal expression of the measure of freedom that an individual has

Lawful Conduct- socially significant, legally permissible activity that meets the requirements of legal norms.

Offense- an unlawful, socially harmful, guilty act (action or inaction) of a person capable of delict.

Legal relationship- legal connection of the parties (participants in the legal relationship), which consists in their mutual subjective rights and legal obligations

Law and order- a set of social relations corresponding to law; the state of their orderliness, formed as a result of the practice of implementing legal norms that has developed in society

Legal capacity - the ability of a person to be the owner of rights and obligations established by law; it is inherent in an individual from the moment of birth and exists until the end of his life

Legal personality- coincidence of law and legal capacity in one person.

Subject of legal regulation - those social relations that are regulated by law.

Subject of the theory of state and law- general patterns of emergence, development and functioning of state-legal reality.

Application of law- managerial, procedural, power activities of authorized (competent) subjects to implement legal norms by considering specific legal cases and making individual decisions - acts of application of law.

Principles of organization and activity of the state apparatus- basic principles, main requirements that are taken into account when creating government bodies and are presented to their practical activities.

Principles of law- the basic principles in which the essence of law is expressed

Gap in law - absence of a norm regulating existing relations that objectively require legal action

Simple (unitary) state- a single state, within which there are no constituent parts that have signs of statehood

Realization of the right- implementation of the requirements of legal norms in real life, achievement of the goals of legal regulation.

Religious norms - rules that regulate human behavior based on ideas about the divine and sacred.

Republic - a form of government in which supreme power in the state belongs to persons elected by the population of the country

Sanction- part of a legal norm that specifies measures to ensure its implementation.

Legislative system(in a broad sense) - the totality of laws, regulations and other sources of law in force in a given society; in the narrow sense - the totality of existing laws

System of normative social regulation– the totality of all social norms operating in society

Systematization of legal acts- activities to streamline regulatory acts, bringing them into a single system for the purpose of effective and convenient use.

Systematicity of law - an objective property of law, which lies in the unity and consistency of all legal norms and their simultaneous division into separate branches and institutions.

Respect for the law - implementation of prohibitory norms

Composition of the offense- signs of an offense established by law, the presence of which is, according to the imperative judgment of the legislator, the only and sufficient basis for bringing a person to legal liability.

Social purpose of the state- the final, main goal, historical mission of the state.

Social norms- rules of behavior that regulate relationships between people,

Sociology of State and Law(Latin societas - society) - a doctrine that explores the place and role of the state and law among other social institutions and phenomena

Special legal guarantees legality - actual legal means ensuring the implementation of legal requirements.

Subject of law– a person who may have subjective rights and legal obligations

Subject of legal relationship- a person who has subjective rights and legal obligations

Subjective law- type and measure of possible behavior of the authorized person.

Theory of Government and Rights - political and legal science that studies are common patterns of emergence, development and functioning of state-legal reality.

Technical standards - rules of behavior that regulate a person’s attitude to technical means, tools, and nature in general

Typology of the state– a type of classification based on the most essential, most stable and deep-seated properties of the state

Interpretation of law- understanding and explaining the meaning of legal norms

Accounting for regulations– the simplest, “primary” systematization of normative material, carried out in journal, card index, or automated forms

Federation- a state-legal union (unification) of several state entities, as a result of which a new state is formed

Form (source) of law- officially established ways of expressing and consolidating legal norms in which the state will is expressed.

State form- a way of organizing and exercising state power.

Form of government - principles of organization of state power in territorial terms; division of state territory within the country into component parts, the legal status of these parts, mutual rights and obligations of central and local authorities, the extent of their mutual responsibility.

Form of state legal regime- a set of methods for exercising state power

Form of government- principles of the structure and relationships of the supreme (highest) bodies of state power.

Forms of implementation of state functions- activities of state bodies similar in their characteristics, through which the functions of the state are realized.

The function of the state is objectively necessary, authoritative, purposeful management influence of the state in certain areas of social relations, aimed, ultimately, at preserving a given society, ensuring its integrity and vital activity.

Function of law- the direction of legal influence on social relations, which expresses the essence and social purpose of law in society

Legal duty- type and measure of proper, necessary behavior

Legal technology- a set of tools, techniques and rules used in the process of development, publication and execution of legal documents

Legal (actual) composition- a set of several legal facts necessary for the occurrence of legal consequences

Legal act- a lawful act that the subject of a legal relationship commits, knowing about the legal consequences and for the sake of achieving them

Legal action - a lawful act that a person commits without knowing about the legal consequences or knowing, but not wanting them to occur.

Legal precedent - a form of law in which the decision of a court or other competent authorities on a specific legal case and in relation to a specific person becomes a generally binding rule, a “model” for resolving all similar cases in the future.

Legal fact- a specific life circumstance with which the law connects the emergence, change or termination of legal relations

Entity - an organization that has internal organizational unity (structure), its own separate property, can act on its own behalf in court and is capable of bearing property liability for its obligations.

Topic 1. Subject and method of the theory of state and law... Topic 2. Origin of state and law…………… Topic 3. Concept, essence and social purpose of the state…………………………… Topic 4. Forms of state………………………… Topic 5. Functions of the state……………………………. Topic 6. The state in the political system of society... Topic 7. State mechanism………….………………... Topic 8. The concept of law……………………………………………. Topic 9. Legal norm………………………………………. Topic 10. Law in the system of social regulation…. Topic 11. Lawmaking and forms (sources) of law... Topic 12. System of law………. Topic 13. Legal awareness and legal culture Topic 14. Legal relations……………… Topic 15. Realization of rights….……………….. Topic 16. Legal behavior……………………... Topic 17. Legal responsibility…………… Topic 18. Law and order…………….. Topic 19 State, law and personality…………………… Topic 20 Rule of law and civil society… Dictionary of legal terms……………………

1Euthanasia (from Greek. ee- good and thanatos- death) - the deliberate acceleration of death or the killing of an incurable patient in order to end his suffering. The issue of the admissibility of euthanasia remains controversial.

1 The prosecutor's office, the judiciary, and their officials may also issue regulations. However, these bodies are usually not considered among law-making bodies, since the regulations adopted by them are of a narrow departmental nature, are issued for the purpose of internal operational management of these bodies and apply, as a rule, only to employees of these departments.

1 A more detailed description of offenses and objectively unlawful acts is given in the topic “Legal Conduct”.

1“allow and not interfere” – French)