<<
>>

THE CONCLUSION

The results of research received during preparation of the dissertation, give the basis to allocate a number of the established laws and the key moments of which there is a general-theoretical model of technics of an establishment and realisation of interdictions in the Russian legal system.

In work attempt of formation of bases of the general-theoretical concept of an interdiction as multifunctional has been undertaken

The legal phenomenon having a complex of specific means and rules on its establishment in the Russian legislation and application in practice. The general laws tehniko have been defined

Legislative registration of interdictions in the right, their multipurpose action, logiko-structural construction, and also application and unification of forbidding is standard-legal instructions.

At the moment the urgency of studying of legal interdictions is caused in many respects and an aggravation of foreign policy conditions round a confrontation in Ukraine. A number of the foreign states as an unfriendly step have made the decision on introduction of sanctions concerning Russia in economic sphere including in the form of an interdiction of fulfilment of certain financial operations with the Russian securities, an interdiction for delivery of the certain goods for territory of the Russian Federation etc. In the answer Russia also has entered sanctions concerning the separate countries of the West which contain measures of legal prohibition, for example, an interdiction for import of separate commodity classes. In the international relations of sanctions of forbidding character it is necessary to recognise certainly, unilateral use counterproductive. However the jurisprudence and practice are put before the fact of expansion of sphere of use of sanctions-interdictions in interstate cooperation, that, in turn, demands from them more steadfast attention to research of a phenomenon of a legal interdiction.

The operating Russian legislation and legal practice far not in all cases give unequivocal answers to questions on that: where borders of action of a legal interdiction settle down; who, on what bases and in what order is competent to apply forbidding standard instructions; how to counteract negative consequences of realisation of the international norms-sanctions; how to provide balance of interdictions, permissions and objazyvany in system of the Russian legislation; what tehniko-legal means and rules are necessary for using during interpretation and application of legal interdictions, etc.

For the present moment there are cases of legislative duplication of interdictions, double punishment at their application for one and too an offence, insufficient unification of interdictions in the Russian right with positions and norms of international law, neediness of action of a legal interdiction of responsibility measures, means finansovoekonomicheskogo character. Up to the end not found out remain and scientifically - theoretical questions on differentiation criminally-legal and

Administrative interdictions, specificity of an interdiction and use limits in branches of private law, a structural structure of an interdiction and

The multifunctional nature. In our opinion, special attention working out of a problem of an interdiction as demands a way of maintenance and protection of the rights in the field of private-law regulation.

In this connection the designated subjects will not lose an urgency and in the foreseeable future, and any research of interdictions in the right will have a priori not quite complete character and to leave open space for the future researches. Besides, the problem of a tehniko-legal establishment and realisation of legal interdictions has many-sided and interdisciplinary character that does impossible illumination in full so scale subjects within the limits of one scientific work.

The presented research does not apply for consideration of absolutely all aspects of the declared theme. In work questions have been considered only base, basic and the most actual, in our opinion. Concerning prospects of the scientific analysis of a theme «Tehniko-legal means of an establishment and realisation of interdictions in the Russian right (theory and practice questions)» here it is possible to specify the following directions demanding the permission in the future:

1) the further specification of concept and the multifunctional nature of a legal interdiction;

2) studying again appearing and before not studied versions of interdictions in the right, specificity of their tehniko-legal registration and action;

3) continuation of search of optimum balance of interdictions, permissions and objazyvany in system of the Russian right taking into account constantly varying political, social and economic and cultural conditions;

4) consideration of a question on limits of action of a legal interdiction;

5) the further general-theoretical studying of an interdiction as special kind of punishment, obespechitelnoj measures in the law of procedure, a way of protection of the right in private-law sphere, the tool of individually-contractual regulation, as pravoprimenitelnogo instructions;

6) research of a question on a competition of forbidding standard instructions and specificity of technics of their interpretation;

7) problem studying sistemnosti and functional interrelation of interdictions in the Russian right;

8) carrying out of rather-legal analysis of a complex of legal interdictions in Russian and foreign legal systems;

9) the further disclosing of specificity of technics of unification of interdictions in Russian and international law taking into account changed foreign policy conditions;

10) interdisciplinary studying of questions of the mechanism of action of legal interdictions with attraction of knowledge from area of sociology, psychology, political science, the economic theory and other humanities;

11) the further theoretical analysis of judiciary practice of interpretation and application of legal interdictions in the Russian Federation.

<< | >>
A source: Tolmachyov Vyacheslav Vladimirovich. TECHNICAL AND LEGAL MEANS OF ESTABLISHING AND IMPLEMENTING BANKS IN RUSSIAN LAW (QUESTIONS OF THEORY AND PRACTICE). Thesis for the degree of candidate of legal sciences. Saratov —2014. 2014

More on topic THE CONCLUSION:

  1. the Conclusion
  2. THE CONCLUSION
  3. THE CONCLUSION
  4. the Conclusion
  5. the Conclusion
  6. THE CONCLUSION
  7. the Pathomorphologic conclusion
  8. THE CONCLUSION
  9. THE CONCLUSION
  10. THE CONCLUSION
  11. THE CONCLUSION
  12. THE CONCLUSION
  13. the Conclusion
  14. THE CONCLUSION
  15. the Conclusion