International law on the exam. International law for the exam What is international law

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

(according to V.P. Anisimov)

Explanation.

1. The answer to the first question, for example: environmental security cannot be fully ensured in one single country, an active International activity;

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

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

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

Response elements can be presented both in the form of a quotation and in the form of a concise reproduction of the main ideas of the relevant text fragments.

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

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

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

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

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

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

(according to V.P. Anisimov)

Explanation.

The correct answer must contain the following elements:

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

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

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

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

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

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

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

(according to V.P. Anisimov)

Explanation.

The correct answer must contain the following elements:

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

(Another explanation may be given.)

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

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

(international international natural objects).

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

Answers to questions can be presented both in the form of a quotation, and in the form of a concise reproduction of the main ideas of the relevant fragments of the text.

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

(according to V.P. Anisimov)

Explanation.

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

1) a system of environmental education, for example:

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

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

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

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

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

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

Explanation.

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

1) legal custom - long established and included in the rule public relations;

2) legal, judicial precedent - a court decision in a specific case, which has been given a normative character;

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

4) international legal act.

Answer: sources of law.

Answer: sources

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

Explanation.

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

Answer: public law.

Answer: public law

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

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

Explanation.

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

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

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

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

Other sources of law can be named, other examples given

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

(Yu. Kolosov, V. Kuznetsov)

Explanation.

The correct answer must contain the following elements:

1) elements of the system of law:

Institutes;

Branches of law;

2) Feature:

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

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

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

Read the text and complete tasks 21-24.

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

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

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

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

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

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

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

(Yu. Kolosov, V. Kuznetsov)

Explanation.

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

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

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

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

Other principles may be disclosed and explained.

Read the text and complete tasks 21-24.

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

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

(Yu. Kolosov, V. Kuznetsov)

Explanation.

The correct answer must contain the following elements:

1) two groups of norms:

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

2) difference:

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

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

Read the text and complete tasks 21-24.

The complex ties that arise between the state and the individual, and the relationship of people with each other, are fixed by the state in a legal form - in the form of rights, freedoms and obligations that form the legal status of a person and a citizen. The rights and obligations not only fix patterns, standards of behavior that the state considers mandatory, useful, expedient for the normal functioning of the social system, but also reveal the basic principles of the relationship between the state and the individual. The relationship between the state and the individual requires a clear regulation and orderliness. This is due to the special importance of this kind of relationship for maintaining the existing system, for its normal functioning.<...>The legal status consists of subjective, including procedural rights: to appeal to state bodies with complaints and petitions, to protect their rights and freedoms by all means not prohibited by law, to go to court, to interstate protection bodies and others. The state enshrines the rights of the individual not arbitrarily, it legally formalizes the natural rights of a person, as well as a set of rights for the implementation of which socio-political prerequisites have been formed, arising from real social relations.<...>Society and the state are far from being indifferent to how a person realizes the opportunities enshrined in legislation; they are interested in the activity of the individual, which is an important condition for the development of a democratic society.<...>The Constitution of the Russian Federation proclaims that the Russian Federation "recognizes and guarantees the rights and freedoms of man and citizen in accordance with generally recognized norms and norms of international law." This provision of the Constitution gives reason to understand the legal status of a person and citizen of Russia as a single set of domestic and international norms containing the rights and freedoms of citizens.

Explanation.

The response may contain the following arguments:

1. The complex ties that arise between the state and the individual, and the relationship of people with each other, are fixed by the state in a legal form - in the form of rights, freedoms and duties that form the legal status of a person and a citizen.

2. The Constitution of the Russian Federation proclaims that the Russian Federation "recognizes and guarantees the rights and freedoms of man and citizen in accordance with generally recognized norms and norms of international law."

Subject area: Law. Rights and freedoms of man and citizen

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

Read the text and complete tasks 21-24.

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

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

(Yu. Kolosov, V. Kuznetsov)

Explanation.

The correct answer must contain the following elements:

1) circumstances, for example:

The emergence of new social realities that require legal regulation;

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

(Other circumstances may be specified.)

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

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

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

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

Other international organizations may be listed

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

Read the text and complete tasks 21-24.

(I.A Ledyakh)

Explanation.

The correct answer must contain the following arguments:

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

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

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

Answer: None

A new stage in the development of international humanitarian law, which was based on the principles and norms of the human dimension, came after the adoption of the UN Charter, which outlawed war... The same period saw the intensive development of Geneva law, the birth of the regulatory framework of which is usually associated with the Geneva Convention of 22 August 1864 for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field during a Land War. This document introduced a new and very important principle of the neutrality of medical personnel into the international law of that time, according to which medical care should be provided to all injured participants in hostilities, regardless of which side they fought on. The principle of maintaining a strict balance between the requirements of humanity and military necessity was established ...

In its modern form, Geneva law, or humanitarian law proper ... is a system of principles and norms directly aimed at protecting the individual in the conditions of armed conflicts of an international and internal nature. International humanitarian law provides protection to those who do not take part in hostilities, that is, the civilian population and medical personnel. Under his protection are also persons who have ceased to participate in hostilities, namely: the wounded, shipwrecked, sick and prisoners. Geneva law prohibits attacking persons under its protection, infringing on their physical integrity, subjecting them to insulting and degrading treatment. Norms have been developed to provide prisoners of war and those detained during the conflict with the necessary food, housing, and judicial guarantees.

With the development of international rule-making and the adoption of new instruments in the field of human rights, international humanitarian law is enriched with principles and norms that guarantee the individual the right to enjoy fundamental rights and freedoms during armed conflicts, minimizing the disasters caused by armed actions and protecting the person from arbitrariness and violence ...

For the protection of human rights, it is important to extend the scope of international humanitarian law to non-international armed conflicts that are limited to the territory of one state and take place between armed forces and anti-government armed groups ...

(I.A Ledyakh)

Explanation.

The correct answer must contain the following elements:

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

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

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

Read the text and complete tasks 21-24.

International humanitarian law consists of two sections, referred to as "the law of the Hague" and "the law of Geneva". Historically, the primary is the "law of the Hague", or "the law of war", which establishes the rights and obligations of the belligerents in the conduct of military operations and limits the methods and means of inflicting damage on the enemy in order to avoid excessive suffering, unnecessary, as well as unjustified by military necessity, human casualties and destruction. .

(I.A Ledyakh)

Explanation.

The correct answer must contain the following elements:

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

Read the text and complete tasks 21-24.

(I.A Ledyakh)

Explanation.

The correct answer must contain the following elements:

1) the meaning of the concept: a regulatory legal act is an official document published in in due course by the competent state authority, containing the rules of law and protected by the state under the threat of applying measures of legal responsibility for its violation.

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

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

Civilian population;

medical personnel;

the wounded;

Shipwrecked;

Sick;

Prisoners.

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

Answer: None

Subject area: Law. International law

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

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

The correct answer is numbered: 1.

Answer: 1

Subject area: Law. International law

Plan of the theme "The system of international protection of human rights" 1. The concept of "human rights" 2. Reasons for the need to protect human rights at the international level. A. World and local wars B. Violation of human rights in states with totalitarian and authoritarian regimes. B. Nationalism, racism, apartheid. 3. International structures for the protection of human rights A. United Nations B. European system (Council of Europe, OSCE) 4. Structure of the UN 5. Structure of the Council of Europe 6. Methods of protection of human rights by international organizations.

Slide 13 from the presentation "International protection of human rights" to the lessons of law on the topic "Protection of rights"

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Rights Protection

"Protection of the rights and interests of children" - States. F.M.Dostoevsky. The right to live. Duty of parents. State obligations. The rights of the child. States must protect children. Basic provisions of the Convention. Elementary education. Children's rights. Responsibility for the upbringing of the child. The right to rest and play. Life imprisonment. States provide replacement care for children without parents.

"Child Protection Programs" - An example of a tool. Comparison of coordinated focuses of attention. Criteria for proof of social results of programs. An example of choosing an indicator measurement tool. Focus on proven effectiveness of programs. Integrated planning for social results. Base of indicators and tools. Initiatives.

"International mechanisms for the protection of human rights" - International Humanitarian Law. Reasons for low performance. Criteria for non-international armed conflict. coding process. Sources. UN General Assembly. world organizations. international procedures. Regional Mechanisms. Nation. Protection of human rights at the regional level.

"International protection of human rights" - Structure of the Council of Europe. Entered into force on September 3, 1953. Now it consists of 47 states. Organization for Security and Cooperation in Europe (OSCE). International Court of Justice in The Hague. Security Council. Question: Should the death penalty be abolished or not? Court by human rights in Strasbourg. Considers civil disputes between states Located in the Peace Palace in The Hague.

"Help for Children" - 5. Imperfect legislation on child abuse.

This is an independent branch of international law, which includes legal norms based on the principles of humanity and aimed at protecting the victims of armed conflicts and limiting the means and methods of warfare.

Target- regulation of the behavior of participants in international and non-international armed conflicts in order to mitigate the severe consequences of these conflicts. It provides protection to persons not taking a direct part or who have ceased to take part in hostilities and limits the choice of means and methods of warfare.

Subjects of humanitarian law:

States
Combatants (belligerents)
Protected persons (wounded, sick, prisoners of war, civilians)

Three directions in the development of international humanitarian law:

establishing rules for the conduct of war and the use of weapons ("the right
The Hague")
protection of victims of armed conflicts (“Law of Geneva”)
protection of fundamental human rights ("New York law").

Three groups of principles of International Humanitarian Law:

fundamental principles
general principles
principles to guide belligerents in armed conflicts.

Fundamental principles
1. universal action, unconditional observance under any circumstances.
2. non-interference in internal affairs or in a conflict, preservation of sovereignty or legal status of the conflicting parties.
3. Inviolability and neutrality of medical personnel, transport and institutions with proper identification marks.
4. Strict adherence to distinctions between combatants (i.e. armed forces) and the civilian population, the implementation of the norms for the protection of the population and civilian objects from hostilities.
5. The obligation of the state, both at the national and international levels, to ensure humane treatment of persons who find themselves in its power.
6. Prohibition of discrimination on any basis.
7. Violation of humanitarian norms is a criminal offense subject to punishment.

2. General principles
General principles are closely related to fundamental human rights.
1. Everyone has the right to respect for life, physical and psychological integrity, respect for his honor, family rights, beliefs, customs.
2. Everyone has the right to recognition of his rights before the law, to generally accepted legal guarantees. No one can waive the rights granted to him by the humanitarian conventions.
3. Torture, humiliating or inhuman punishment is prohibited.
Reprisals, collective punishment, hostage-taking are prohibited. It is prohibited to attack the civilian population, civilian objects designated by humanitarian law.
4. No one may be deprived of property by illegal means. The occupiers are not the owners of civilian objects, but can only
dispose of seized property. The occupying authorities are obliged to take measures to preserve this property.

3. The principles by which the conflicting parties should be guided in relation to the victims of armed conflicts and the conduct of hostilities.
1. Unauthorized types of weapons and methods of warfare are prohibited.
New species should not be developed if they violate the norms and principles of humanitarian law or other international agreements.
2. The belligerent side must not inflict damage on the enemy that is incommensurable with the purpose of the war, i.e. with the destruction or weakening of the military power of the enemy.
3. Perfidy is forbidden, i.e. simulation of the desire for negotiations, the use of military uniforms of the enemy, signs of the UN, the Red Cross and other similar methods.
4. In the conduct of hostilities, care must be taken to protect
natural environment.

Main principle international humanitarian law has been and remains the principle humanity, which permeates and unifies all its constituent parts and all its norms.

Main sources of international humanitarian law

Geneva Convention 1864.

She codified the incomplete and scattered ancient laws and customs of war regarding the treatment of wounded soldiers. The convention established the need to provide assistance to the wounded - one's own and the enemy. Personnel assisting the wounded are neutral and inviolable, they cannot be taken prisoner. For his identification, a special sign was approved - Red cross on white background.
The Geneva Convention laid down the beginning of humanitarian law.

On the basis of the Geneva Red Cross in 1880 International Committee Red Cross (ICRC), which provides humanitarian assistance to countries between which military conflicts flared up.
Accepted first The Hague Peace Conference 1899(confirmed then by the second Hague conference in 1907) conventions on the laws and customs of war on land. At international conferences in The Hague and in St. Petersburg (1868), in the preparation and conduct of which Russia took an active part. A number of agreements were reached on limiting the use of means and methods of warfare, the status of a belligerent was determined (combatant), the status, rights and obligations of prisoners of war, confirmed the principle put forward by the Brussels Declaration of 1874: “The belligerents do not enjoy the unlimited right to choose the means of harming the enemy.” A large place was given to the protection of the civilian population.
1929 Geneva Conventions for the Wounded and Sick clarified some of the old norms and established new provisions:

a) even if any of the parties to the conflict did not participate in the convention, this did not exempt the other parties to the conflict from observing humanitarian norms;

b) the conventions obligated the belligerent, who captured the enemy medical personnel, to return him back

Conventions of 1929 recognized the right of Muslim countries to use as an identification mark instead of the Red Cross Red Crescent.
Currently, the norms of international humanitarian law are embodied in more than 80 international agreements.

Three groups of international agreements governing human rights.

Acts that contain principles and norms relating to human rights in the main in peace(Universal Declaration of Human Rights, Covenants on Human Rights and other instruments)
International conventions for the protection of human rights during the period armed conflicts.
International instruments that regulate liability for the criminal violation of human rights in Peaceful time and during armed conflicts. This group includes the Nuremberg Charter and the judgments of the International Military Tribunals at Nuremberg and Tokyo, the Convention on the Prevention and Punishment of the Crime of Genocide, the Convention on the Non-Applicability of the Limitation Period to War Crimes and Crimes against Humanity, the Convention on the Suppression and Punishment of the Crime of Apartheid, draft Code of Crimes against the Peace and Security of Mankind.

In 2005. at the Geneva Conference, a new emblem of international humanitarian organizations — Red crystal (red square on a white background).

Material prepared: Melnikova Vera Alexandrovna

What two divisions make up international humanitarian law? Give them a brief description.

(I.A Ledyakh)

Explanation.

1) the sections are named: “law of the Hague” and “law of Geneva”;

2) their characteristics: "The law of the Hague", or "the law of war", establishes the rights and obligations of the belligerents in the conduct of military operations.

The "Law of Geneva" established the principle of maintaining a strict balance between the demands of humanity and military necessity.

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

Answer: None

Subject area: Law. International law

What is meant by mass media in law? Using your social experience, bring one at a time specific example print and electronic media.

Read the text and complete tasks 21-24.

Art. 2. Mass media. Basic concepts

Mass information is understood as printed, audio, audiovisual and other messages and materials intended for an unlimited circle of persons;

mass media means periodical printed edition, radio, television, video program, newsreel program, other form of periodic distribution of mass information;

a periodical printed publication means a newspaper, magazine, almanac, bulletin, other publication that has a permanent title, current number and is published at least once a year;

a radio, television, video, newsreel program means a set of periodic audio, audiovisual messages and materials (broadcasts), which has a permanent title and is published (broadcast) at least once a year;

mass media production means a print run or part of a print run of an individual issue of a periodical printed publication, a separate release of a radio, television, newsreel program, a print run or a part of a print run of an audio or video recording of a program;

distribution of mass media products is understood as the sale (subscription, delivery, distribution) of periodic printed publications, audio or video recordings of a program, broadcasting of radio, television programs (broadcasting), demonstration of newsreel programs ...

Art. 3. Inadmissibility of censorship

Censorship of the media, that is, the requirement from the editorial office of the media by official, state bodies, organizations, institutions or public associations prior approval of messages and materials (except when the official is the author or interviewee), as well as imposing a ban on the dissemination of messages and materials, their individual parts - is not allowed.

The creation and financing of organizations, institutions, bodies or positions whose tasks or functions include the implementation of censorship of the mass media is not allowed.

From the law

Russian Federation "On the Mass Media"

Explanation.

1) The answer must indicate that the mass media means the form of its distribution, in particular, a print periodical, radio, television, video program, newsreel program.

2) Media examples:

Examples of print media are the newspapers Izvestia, Komsomolskaya Pravda, etc.

Examples of electronic media are the television programs Vremya, Segodnya, etc.

Indicate two elements of legal consciousness that the author names?

Read the text and complete tasks 21-24.

Structurally, legal consciousness consists of two elements: scientific legal consciousness (legal ideology) and ordinary legal consciousness (legal psychology).

1. Legal ideology is a system of views and ideas that, in a theoretical form, reflect the legal phenomena of public life. The theoretical reflection of legal ideas and views is contained in scientific research on issues of state and law, their essence and role in public life. Since they contain objective conclusions and generalizations, this allows the state and its bodies to effectively use them in law-making and law enforcement activities.

2. Legal psychology is a set of feelings, habits, moods, traditions, in which the attitude of various social groups, professional teams, individual individuals to law, legality, the system of legal institutions functioning in society. Legal psychology characterizes those experiences, feelings, thoughts of people that arise in connection with the publication of legal norms, the state of current legislation and the practical implementation of its requirements. Joy or sadness after the adoption of a new law, a sense of satisfaction or dissatisfaction with the implementation of specific norms, intolerance or indifference to violations of legal regulations - all this belongs to the field of legal psychology.

Legal awareness plays an important role in the improvement and development of the legal life of society.

Firstly, legal awareness is a necessary factor in the creation of legal norms ... Secondly, legal awareness is an important and necessary condition for the accurate and complete implementation of legal norms ...

Legal consciousness is an important factor in the development of legislation, the stability of the rule of law, the reality of the rights and freedoms of citizens. A perfect sense of justice also testifies to the high general and legal culture of the individual, making him a full-fledged participant in various legal relations.

(V.N. Khropanyuk)

Explanation.

The correct answer must contain two elements:

Scientific legal awareness (legal ideology);

Ordinary legal consciousness (legal psychology).

Read the text and complete tasks 21-24.

Explanation.

The response may contain the following arguments:

Subject area: Law. Rights and freedoms of man and citizen

Indicate two approaches to understanding the essence of law, described in the text.

Read the text and complete tasks 21-24.

[There is the following understanding of the essence of law]: law is not laws adopted by democratically elected institutions and expressing the sovereign will of the people, but general (abstract) principles of humanism, morality, and justice. But such fuzzy, amorphous ideas about law move us away from the desired legal order and the tasks of strengthening it, because these principles, ideas (“unwritten law”), despite their undeniably high value, still cannot by themselves, without the necessary formalization , to serve as criteria of lawful and unlawful, lawful and unlawful, and, consequently, are not able to ensure stability and organization in society. The normative basis of law disappears, its regulatory role is undermined.

In this case, space opens up for ... arbitrariness, since freedom, democracy, morality are understood by various political subjects, including those in power, in different ways ... And why are laws (normal, humane, created in compliance with all generally accepted procedures) not can express the above ideals? There is also a difficult question about who and how should determine whether this or that law is “legal” or “non-legal”? Where are the criteria? Who are the judges?

Of course, the categories of law and law do not coincide. The law is one of the forms of expression of law ... their identification is unacceptable. But even an excessive opposition of these two concepts does not lead to the achievement of positive goals. This breeds legal nihilism...

N.I. Matuzov

Explanation.

The answer should indicate two approaches to understanding the essence of law:

1) law - these are laws adopted by democratically elected institutions and expressing the sovereign will of the people;

2) law is the general (abstract) principles of humanism, morality, justice.

Subject area: Law. Law in the system of social norms

Read the text and complete tasks 21-24.

Legal culture is a specific social institution that performs the function of shaping people's political and legal consciousness, value-normative attitudes, and indirectly, legal behavior. The structure of legal culture includes the following elements: law as a system of norms expressing the will of the state elevated to law; legal relations as a system of social relations, the participants of which have mutual rights and obligations; legal consciousness as a system of spiritual reflection of the entire legal reality; legal institutions as a system of state bodies and public organizations that ensure legal control, the implementation of law; legal behavior<...>

Legal culture finds its practical embodiment both in legal consciousness and in the legal or illegal behavior of citizens or group public entities. Moreover, behavior that deviates from legal norms is not always the result of a conscious rebellion or innovation in relation to the rules accepted in society, but often becomes the result of poor legal awareness, social naivety and business incompetence.

In his legal behavior, an individual is usually guided by his own interests, orientations and attitudes. A different combination of needs, aspirations and interests underlies the motivation of legal behavior. Scientists distinguish a number of motives of legal behavior. This is an internal conviction in the correctness and fairness of the requirements of legal norms; the presence of an individual's own need to comply with laws; awareness of the social need to comply with laws; conscious obedience to the requirements of the law; awareness of one's own rights; conscious protection of group interests; fear of legal liability; following the tradition; desire for passive obedience to the state and its requirements. Deeds and actions performed with inner conviction in accordance with the norms of law can be considered the highest form of legal behavior.

(V.V.Kasyanov.V.N.Nechipurenko)

Explanation.

The correct answer must contain the following elements:

1) the social function of legal culture: the formation of people's political and legal consciousness, value-normative attitudes, legal behavior;

2) structural elements of legal culture:

Law as a system of norms;

legal relationship;

legal consciousness;

legal institutions;

legal behavior.

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

Subject area: Law. Law in the system of social norms

Specify three signs of an administrative offense noted in the corresponding article of the Code of Administrative Offenses of the Russian Federation.

Read the text and complete tasks 21-24.

Article 2.1.

1. An administrative offense is an unlawful, guilty action (inaction) of a physical or legal entity for which this Code or the laws of subjects Russian Federation about administrative offenses established administrative responsibility.

Article 2.2.

1. An administrative offense is recognized as committed intentionally if the person who committed it was aware of the unlawful nature of his action (inaction), foresaw its harmful consequences and desired the onset of such consequences or knowingly allowed them or treated them indifferently.

2. An administrative offense is recognized as committed through negligence, if the person who committed it foresaw the possibility of an onset harmful effects of his action (inaction), but without any residual grounds, presumptuously counted on the prevention of such consequences or did not foresee the possibility of such consequences, although he should have and could have foreseen them.

Article 2.3.

1. Subject to administrative liability is a person who has reached the age of sixteen by the time the administrative offense was committed.

2. Taking into account the specific circumstances of the case and data on a person who has committed an administrative offense at the age of sixteen to eighteen years, the commission on juvenile affairs and the protection of their rights may release the said person from administrative responsibility by applying to him a measure of influence provided for by federal legislation on protection of the rights of minors.

Article 2.7.

It is not an administrative offense for a person to cause harm to legally protected interests in a state of emergency, that is, to eliminate the danger that directly threatens the person and the rights of this person or other persons, as well as the legally protected interests of society or the state, if this danger could not be eliminated by other means and if the harm caused is less significant than the harm prevented.

Article 2.8.

An individual who, at the time of committing unlawful actions (inaction), was in a state of insanity, that is, could not realize the actual nature and illegality of his actions (inaction) or manage them due to a chronic mental disorder, temporary mental disorder, dementia or other morbid state of mind.

Article 2.9.

If the committed administrative offense is insignificant, the judge, body, official authorized to decide the case on the administrative offense may release the person who committed the administrative offense from administrative liability and confine himself to an oral remark.

(Extract from the Code of Administrative Offenses of the Russian Federation (CAO))

Explanation.

The correct answer must contain the following elements:

indicated signs of an administrative offense:

Illegality of the act (action or inaction);

The culpability of the act;

Administrative liability provided for by the Code.

Subject area: Law. Features of administrative jurisdiction

Read the text and complete tasks 21-24.

The right to carry out entrepreneurial activity must be exercised within the boundaries outlined by regulatory legal acts containing both positive rules of conduct and prohibitions applied in this area. The set of rules, techniques and methods of state regulation of entrepreneurial activity forms the mode of its implementation. They talk about both a general legal regime that applies to all entities (for example, a registration regime), and a special regime, under which either a certain part of business law entities (for example, banks, exchanges), or entities engaged in a certain type of activity ( license mode).

The constitutional right to carry out entrepreneurial activity is secured by guarantees. Among the guarantees, first of all, it is necessary to name the possibility of judicial protection of rights in case of their violation, equal protection of all forms of ownership, the possibility of restricting rights only on the basis of federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other persons, ensuring the defense and security of the state.

The guarantees of the right to carry out entrepreneurial activity include the possibility of free choice: type, scope of activity; territories where activities are carried out; organizational and legal form of carrying out activities.

The organizational and legal form of entrepreneurial activity is understood as a set of property and organizational differences, ways of forming the property base, features of the interaction of owners, founders, participants, their responsibility to each other and counterparties.

The current legislation establishes the following organizational and legal forms of entrepreneurial activity: business partnerships (general and limited), business companies (with limited liability, with additional liability, joint-stock), production cooperatives, state and municipal unitary enterprises. The listed organizations under the legislation of the Russian Federation are commercial.

In addition to commercial organizations, the current legislation provides for the possibility of creating non-profit organizations. Non-profit organizations can be created in the form of public and religious organizations (associations), non-profit partnerships, institutions, autonomous non-profit organizations, social charitable and other foundations, associations and unions, as well as in other forms provided for by federal laws. In the event that a non-profit organization is granted by law or charter the right to engage in entrepreneurial activities that correspond to the goals for which this organization was created, the profit from such activities is not distributed among its participants, but is directed to the achievement of charter goals.

State regulation of entrepreneurial activity can be direct (directive) and indirect (economic) ... In market conditions of management, priority is given to indirect methods of regulation using various economic levers and incentives.

(I.V. Ershova)

Explanation.

The following elements of the content of normative acts should be indicated:

Positive rules of conduct;

Prohibitions in this area.

Who, in accordance with the Civil Code of the Russian Federation, can be a participant in a general economic partnership? What can be prohibited or limited by law in relation to certain categories of citizens?

Read the text and complete tasks 21-24.

Civil Code of the Russian Federation. extracts

Article 66

1. Business partnerships and companies are corporate commercial organizations with authorized (share) capital divided into shares (contributions) of founders (participants). The property created at the expense of the contributions of founders (participants), as well as produced and acquired by a business partnership or company in the course of its activity, belongs to the business partnership or company by the right of ownership.

<...>

3. Business partnerships may be created in the organizational and legal form of a full partnership or limited partnership (limited partnership).

4. Business companies can be created in the organizational and legal form joint-stock company or limited liability companies.

5. Participants in general partnerships and general partners in limited partnerships may be individual entrepreneurs and commercial organizations.

Citizens and legal entities, as well as public legal entities, may be participants in economic companies and contributors in limited partnerships.

6. State bodies and local self-government bodies are not entitled to participate on their own behalf in business partnerships and companies.

Institutions may be participants in economic companies and investors in limited partnerships with the permission of the owner of the property of the institution, unless otherwise provided by law.

The law may prohibit or restrict the participation of certain categories of persons in business partnerships and companies.

Business partnerships and companies may be founders (participants) of other business partnerships and companies, except as otherwise provided by law.

Article 66.1. Contributions to the property of a business partnership or company

1. The contribution of a participant in a business partnership or company to its property may be cash, things, shares (shares) in authorized (share) capitals of other business partnerships and companies, state and municipal bonds. Such a contribution may also be exclusive, other intellectual rights and rights under license agreements subject to monetary value, unless otherwise provided by law.

<...>

Article 68

1. Business partnerships and companies of one type may be transformed into business partnerships and companies of another type or into production cooperatives by decision of the general meeting of participants in the manner prescribed by this Code and laws on business companies.

Explanation.

Two questions must be answered, for example:

1) Individual entrepreneurs and commercial organizations;

2) The law may prohibit or restrict the participation of certain categories of persons in business partnerships and companies.

Answers can be given in a different wording that is close in meaning.

Subject area: Law. Organizational and legal forms and legal regime of entrepreneurial activity

List any three statutory circumstances that affect the amount of child support ordered by the court in the absence of a child support agreement.

Read the text and complete tasks 21-24.

Extract from the Family Code of the Russian Federation

Article 80

1. Parents are obliged to support their minor children. The procedure and form of providing maintenance to minor children are determined by the parents independently.

Article 81

1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents .

2. The amount of these shares may be reduced or increased by the court, taking into account the financial or marital status of the parties and other noteworthy circumstances.

Article 86

1. In the absence of an agreement and in the presence of exceptional circumstances ( serious illness, mutilation of minor children or disabled adult children in need, the need to pay for outside care for them and other circumstances) each of the parents may be brought by the court to participate in the additional costs caused by these circumstances.

The procedure for the participation of parents in bearing additional expenses and the amount of these expenses are determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed sum of money payable monthly.

2. The court has the right to oblige parents to participate both in the additional expenses actually incurred and in the additional expenses that must be made in the future.

Article 87

1. Able-bodied adult children are obliged to support their disabled parents in need of assistance and take care of them.

2. In the absence of an agreement on the payment of alimony, alimony for disabled parents in need of assistance shall be collected from able-bodied adult children in a judicial proceeding.

3. The amount of alimony exacted from each of the children is determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed amount of money payable monthly.

Explanation.

There are three statutory circumstances:

1) the number of children;

2) the financial situation of the parties;

3) marital status of the parties.

What does the author indicate as the most important institution of civil law? What is the definition of property in the text? What does the right of ownership mean in an objective aspect?

Read the text and complete tasks 21-24.

The most important institution of civil law is the right to property. Ownership is both an economic and a legal concept. It can be defined as the relationship between people about the ownership of material goods.

The right of ownership is a set of legal norms that fix and regulate relations regarding the ownership of material goods (objective law). The right of ownership in the subjective sense means the ability of a particular subject to own, use and dispose of his property at his own discretion and in his own interests. The right to own means the opportunity, backed by the right, to have a thing in its economic dominance, the real belonging of a thing to its owner, owner. The right to use implies the ability to extract useful properties from a thing. The authority of the order provides for the ability to determine the "legal fate" of a thing - the right to sell, exchange, donate or lease. The authority to dispose belongs either to the owner himself or to the manager authorized by him.

The law distinguishes between private, state, municipal and other forms of ownership (Article 8 of the Constitution of the Russian Federation; Article 212 of the Civil Code of the Russian Federation). On the right of private ownership, property may belong to citizens or legal entities. Some types of property cannot be privately owned (for example, defense production facilities, state treasury, resources of the continental shelf). On the right of state ownership, property may belong either to the Russian Federation or to subjects of the Russian Federation; on the right of municipal ownership, property belongs to municipalities.

The variety of forms of ownership is not reflected in the content of the right of ownership. In other words, regardless of the form of ownership, the right of ownership always includes a triad of powers: possession, use and disposal of property, which the owner himself exercises at his own discretion or transfers to other persons.

Shared ownership - the ownership of several persons to the same property with the definition of their shares in the right to this property. The share can be expressed in property and value form. The law establishes a rule according to which, in the event of the occurrence of common property, it is usually assumed to be shared. If the property is indivisible, the share of the owner is expressed as a part of the total value.

Joint property - the property of several persons without determining their shares in the same thing. Relations of common joint ownership may take place only in cases provided for by law.

The share of a participant in common joint ownership is not predetermined, however, it can be established during the division of common property or separated from its share if the participant leaves the list of persons running a common household.

(Based on the materials of the Law Dictionary)

Explanation.

The correct answer must contain the following elements.

1. The most important institution of law is indicated, for example:

Ownership.

2. The definition of the concept is given:

Property can be defined as the relationship between people regarding the ownership of material goods.

3. The meaning of property rights in the objective aspect is revealed:

The right of ownership is a set of legal norms that fix and regulate relations regarding the ownership of material goods (objective law).

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

Subject area: Law. Property and non-property rights

What constitutional right of citizens is referred to in the text? What condition of realization of this right does the author consider?

Read the text and complete tasks 21-24.

The main element of the constitutional right to judicial protection is the right of everyone to freely go to court and participate in the proceedings in person or through a representative.

The implementation of this right begins with ensuring the information accessibility of the court. Everyone should be able to find out how, where and on what issue to apply, where and when their case is being considered, etc. It seems to be something easier. However, the Commissioner for Human Rights continues to receive numerous complaints about the failure to comply with this elementary requirement of the law and common sense. The most serious consequences are the refusal to issue or send copies of court decisions by mail, which does not allow them to be challenged in higher courts ...

The procedure for filing claims and complaints is also burdened by a number of rules that objectively limit access to justice. So, in particular, claims and complaints are accepted only on arbitrarily established "reception days", or after a personal consultation with the judge, or upon presentation and verification of documents not provided for by law, including identity documents.

There is an opinion that by introducing strict and sometimes frankly excessive rules for accepting applications and complaints, the courts deliberately make their work easier. Another, directly opposite opinion is that any procedure is unthinkable without strict rules, and those who really need to file a complaint will follow these rules. For his part, the Ombudsman would like to remind you that restrictions of this kind are only possible in the form of federal laws, in this case the corresponding procedural codes.

An important guarantee of access to justice is the creation of conditions for unhindered visits to court buildings by persons with disabilities. Unfortunately, most state institutions do not have such conditions. And not always due to lack of funds - simply because no one thought about it.

A common way to restrict access to justice is the practice of unlawful refusals to initiate a criminal case.

There are still problems regarding ensuring the openness of court sessions. Particularly serious violations are associated with the announcement of the final court decisions behind closed doors.

(V. P. Lukin)

Explanation.

The correct answer must contain the following elements.

1. The constitutional right is indicated:

The right to judicial protection (the right of everyone to freely go to court and participate in the proceedings in person or through a representative).

2. The implementation condition considered by the author:

Ensuring information accessibility of the court.

Subject area: Law. Rights and freedoms of man and citizen, Law. Law enforcement, judiciary

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Center. Option 1.

Give any two examples of violation of the rights of tourists named by the author. How does he explain the difficulty of determining violations of the terms of the contract between a tourist and a tour operator?

Read the text and complete tasks 21-24.

Violation by the tourist organization of the terms for the performance of services, improper meeting at the airport or train station (transfer), accommodation in hotel (hotel) rooms that do not comply with the contract (voucher) or the wrong level of the hotel itself, poor-quality food or service ... With this kind of violation of rights citizens encounter very often. However, due to the difficulty of claiming compensation from a travel company, as well as due to the difficulty of proving a violation of the terms of an agreement concluded with a tour operator, claims or at least claims against travel companies in such cases are minimal (with the exception of violations of the conditions of carriage, where the main and indisputable remedy the presence of a corresponding ticket).

Due to the fact that the criteria for the quality of tourism services in the legislation are not clearly fixed, in practice it is often difficult to determine where there is a violation of the quality of the service, and where - the provision of false information.

The need to create a simplified regime for the restoration of violated rights in this area is obvious. Any (“material-visual”) sources, such as, for example, photo and video filming, audio recording, referrals, written documents, etc., can serve as a means of proof. Also, the tourist must provide himself with legal remedies in terms of proving the actual losses incurred by him (expenses ). Such means include properly executed checks, receipts, tickets, bank statements, written contracts, etc. But apart from the instruments of proof themselves, a simpler procedure for considering such disputes is needed, since it is precisely because of the complexity, length and ambiguity of the process the majority of citizens prefer not to apply to the authorized bodies, both judicial and extrajudicial, for the restoration of their rights. And although certain steps are being taken in this direction by the state, they are clearly insufficient, and besides, they are ineffective in the part that was outlined above.

(V. N. Vasetsky)

Explanation.

The correct answer may include:

1) Violations of the rights of tourists:

Violation by the tourist organization of the terms for the performance of services;

Improper meeting at the airport or train station (transfer);

Accommodation in hotel (hotel) rooms that do not correspond to the contract (voucher) or not at the same level of the hotel itself;

Poor quality food or service.

2) The author relates the difficulty of determining violations:

Subject area: Law. Property and non-property rights, Law. Disputes and the procedure for their consideration

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Center. Option 3.

Read the text and complete tasks 21-24.

Legal consciousness is the attitude of people to law ...

The key point of legal consciousness is people's awareness of the values of law and, at the same time, ideas about the current positive law, about how it corresponds to the requirements of reason and justice, legal values and ideals.

Legal consciousness differs scientific, professional, everyday, as well as mass, group, individual. These varieties of legal consciousness influence differently - but they all influence! - on the perfection of legislation, the efficiency of the work of the court, all law enforcement agencies, the extent to which the citizens of the country are law-abiding, voluntarily, strictly, accurately comply with the norms of positive law, which they put forward legal requirements.

Among the types and forms of legal consciousness, it is precisely the legal ideology that stands out - the active part of legal consciousness that directly affects legislation, legal practice and therefore is part of the national legal system of the country ...

In connection with legal consciousness and legal ideology - briefly about legal culture. Legal culture is the general state of "legal affairs" in society, i.e. the state of legislation, the position and work of the court, all law enforcement agencies, the legal consciousness of the entire population of the country, expressing the level of development of law and legal consciousness, their place in society, the assimilation of legal values, their implementation in practice, the implementation of the rule of law. One of the indicators of legal culture is the legal education of each person, i.e. a proper, high level of legal awareness, manifested not only in law-abiding, but also in legal activity, in the full and effective use of legal means in practical activities, in the desire to establish legal principles in any business as the highest values of civilization. Legal culture is a broader and more capacious phenomenon than just an appropriate level of legal awareness; the main thing in legal culture is the high development of the entire legal system, the worthy place of law in the life of society, the exercise of its supremacy and the corresponding state of affairs in the entire “legal economy” of the country (training and status of legal personnel, the role of legal services in all departments of the state system, the situation advocacy, the development of scientific institutions on legal issues, the level of legal education, etc.).

(S. S. Alekseev)

Explanation.

1) Definition of legal culture:

Legal culture is the general state of "legal affairs" in society, i.e. the state of legislation, the position and work of the court, all law enforcement agencies, the legal consciousness of the entire population of the country, expressing the level of development of law and legal consciousness, their place in society, the assimilation of legal values, their implementation in practice, the implementation of the rule of law.

2) Four manifestations of legal education indicated in the text:

Proper, high level of legal awareness;

Manifested not only in law-abiding, but also in legal activity;

In the full and effective use of legal means in practice;

In an effort to establish legal principles in any business as the highest values of civilization.

Subject area: Law. Law in the system of social norms

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Far East. Option 1.

Using the text, what is the main legal purpose of entering into a prenuptial agreement? What three regimes of property of spouses can be established by a marriage contract? Specify them.

Read the text and complete tasks 21-24.

The main legal purpose of the marriage contract is to determine the legal regime of the property of the spouses and their other property relationships for the future ...

The marriage contract must be concluded in writing and notarized. Failure to comply with the form required by law entails the invalidity of the marriage contract ...

The main element of the content of the marriage contract is the establishment of the legal regime of matrimonial property. Such a regime, determined by the marriage contract, is called the contractual regime of matrimonial property. When creating a contractual regime, spouses are given very broad rights. They have the right to change the regime of joint ownership established by law, to establish a regime of joint, shared or separate ownership of all the property of the spouses, of its separate types or of the property of each of the spouses. For example, the contract can provide that all transactions over a certain amount will be made by each of the spouses only with the written consent of the other. It is possible to exclude certain types of property from the community, for example, pensions or benefits, items of professional activity, additional income, jewelry, items used for hobbies ...

The separation regime in its most general form provides that the property acquired during marriage by each of the spouses will belong to this spouse.

Spouses have the right to determine in the marriage contract their rights and obligations for mutual maintenance, ways of participating in each other's income, the procedure for each of them to bear family expenses; determine the property that will be transferred to each of the spouses in the event of divorce, as well as include in the marriage contract any other provisions relating to the property relations of the spouses.

A marriage contract cannot restrict the legal capacity or legal capacity of the spouses, their right to apply to the court for the protection of their rights. A marriage contract cannot regulate the personal non-property relations of spouses; between spouses, the rights and obligations of spouses in relation to children. This is due to the fact that only those rights and obligations can be included in the marriage contract, which, in case of non-performance, can be enforced. Duties that are purely personal in nature cannot be enforced.

A marriage contract cannot also contain conditions aimed at restricting the right of a disabled needy spouse to receive alimony. With regard to the marriage contract, there is one more specific restriction: the marriage contract must not put one of the spouses in an extremely unfavorable position.

(according to M. V. Antokolskaya))

Explanation.

The correct answer must include the following items:

1) Legal purpose conclusion of an agreement:

Determination of the legal regime of the property of the spouses and their other property relations for the future.

2) Ownership modes:

Joint;

Equity;

Separated.

Subject area: Law. Legal regulation of relations between spouses, the procedure and conditions for the conclusion and dissolution of marriage

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Ural. Option 1.

What role do law and morality play in the life of an individual? Using the content of the text, give three positions.

Read the text and complete tasks 21-24.

Law and morality as social regulators invariably deal with the problems of the free will of the individual and his responsibility for his actions. Law and morality, as the most important elements of a person's value orientation, could neither arise nor exist if a person were not endowed with free will. They are addressed to the mind and will of a person, helping him to adapt to the complex and changing world of social relations.

Law and morality are always addressed to the free will of the individual. At the same time, they act as a "measure" of this freedom, defining the boundaries of the free behavior of the individual. But this community already contains properties that determine the specifics of law and morality. Law acts as a formal concrete historically conditioned measure of freedom.<...>

Law, by virtue of its nature, outlines the freedom of external actions of a person, remaining neutral in relation to the internal motives of his behavior. Another thing is morality, which not only defines the boundaries of external freedom, but also requires internal self-determination of the individual. In this sense, morality is an informal determinant of freedom.

The difference in the nature of freedom in the legal and moral spheres determines the differences in the nature of legal and moral responsibility. Differences in legal and moral responsibility lie in the nature of motivation; in the difference between legal and moral sanctions and evaluation categories underlying them; in the difference between the subjects applying these sanctions.<.. .="">

In making a distinction between legal and moral sanctions, one should take into account the specific historical conditions in which these social regulators operate. The greater rigidity of legal sanctions compared to moral ones is not a universal difference that has existed in all eras and in all societies. The degree of severity of moral sanctions, as well as legal ones, was different in different periods among different peoples; in addition, moral prohibitions often became legal, and legal - moral.

It is impossible to consider as an absolute and such a sign of the difference between legal sanctions from moral ones, as their formal certainty. Ethnographers' research shows that often moral prohibitions had a fixed scale of sanctions.

The specificity of legal sanctions lies not in their rigidity and formal certainty, but in the methods of ensuring that are inextricably linked with the state, which has a special set of tools and institutions capable of forcing compliance with legal norms.

(E. A. Lukasheva)

Explanation.

The correct answer may include the following items:

1) They are addressed to the mind and will of a person, helping him to adapt to the complex and changing world of social relations.

2) At the same time, they act as a "measure" of this freedom, defining the boundaries of the free behavior of the individual.

3) Law, by virtue of its nature, outlines the freedom of external actions of a person,

4) morality, which not only defines the boundaries of external freedom, but also requires internal self-determination of the individual.

Subject area: Law. Law in the system of social norms

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Ural. Option 2.

Indicate two elements of the analysis of legal culture that the author provides.

Read the text and complete tasks 21-24.

Now the question of strengthening the high culture of every citizen is especially urgent. It is a high culture of actions and deeds, feelings and motives that should be the main result of the development of the personality of a citizen of our society.

A person with an insufficiently developed legal culture, as a rule, pays attention only to the most egregious cases of violation of the law, such as crimes, while other numerous cases of ignoring the law remain unnoticed by him. Legal consciousness gives an idea of the spiritual values of the individual and society from the subjective side. To understand the mechanism of legal influence on social relations, it is necessary to master such a category as legal culture. This category is used to characterize the legal system of a country. When analyzing the legal culture of a society, they study legal phenomena, describe and give explanations of values, ideals and achievements in the legal sphere, which reflect the scope of human rights and freedoms and the degree of its protection in a given society.

Legal culture is formed gradually. First, the foundation is laid. Under the influence environment ideas about simple but necessary rules of relationships between people appear. Along with this, the population acquires legal knowledge and skills - the basis of legal awareness. This includes specific legal norms (criminal, administrative, family, etc. law), the provisions of legal theory and the facts of the history of law. This level of development of legal consciousness determines how legally informed the population, its social, age, professional and other groups, how deeply they mastered such legal phenomena as the value of human rights and freedoms, the value of the legal procedure in resolving disputes, finding compromises, etc. But in order to form a legal culture, knowledge alone is not enough. Such an everyday level is limited by the everyday framework of people's lives when they come into contact with legal phenomena. It is impossible to think, relying only on knowledge and skills. Legal culture involves an assessment of all aspects of legal practice. Faced with the phenomena of the environment, a person must determine not only the moral, but also the legal content (in accordance with the law or illegally), be able to evaluate them with legal point vision.

(according to A.F. Nikitin)

Explanation.

1) the study of legal phenomena;

2) description and explanation of values, ideals and achievements in the legal field.

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

What definition of legal consciousness is given by the author? What does the author consider the main feature of legal consciousness?

Read the text and complete tasks 21-24.

Legal ideology, covered by the concept of "legal system", is an active part of legal consciousness. Legal consciousness is the attitude of people to law. Positive law as a criterion for the legitimacy of behavior always operates in a certain environment - economic, political, moral. The subjective-psychic environment, which expresses people's attitude to law (acting, supposed and desired), is of essential importance here. Such attitudes of people to law constitute legal consciousness.

Legal consciousness differs scientific, professional, everyday, as well as mass, group, individual. These varieties of legal consciousness influence in different ways - but they all influence! – on the perfection of legislation, the efficiency of the work of the court, all law enforcement, to the extent to which the citizens of the country are law-abiding, voluntarily, strictly, accurately comply with the norms of positive law, what legal requirements they put forward.

Legal culture is the general state of “legal affairs” in society, i.e. the state of legislation, the position and work of the court, all law enforcement agencies, the legal consciousness of the entire population of the country, expressing the level of development of law and legal consciousness, their place in society, the assimilation of legal values , their implementation in practice, the implementation of the requirements of the rule of law.

One of the indicators of legal culture is the legal education of each person, that is, an appropriate, high level of legal awareness, manifested not only in law-abiding, but also in legal activity, in full and efficient use legal means in practical activities, in an effort to establish legal principles in any business as the highest values of civilization.

“Legal culture” is a broader and more capacious phenomenon than just an appropriate level of legal consciousness; the main thing in legal culture is the high development of the entire legal system, the worthy place of law in the life of society, the exercise of its supremacy and the corresponding state of affairs in the entire "legal economy" of the country (training and status of legal personnel, the role of legal services in all departments of the state system, the situation advocacy, the development of scientific institutions on legal issues, the level legal education etc.).

(S. S. Alekseev)

Explanation.

A correct answer must contain the following elements:

1) the answer to the first question:

2) answer to the second question:

The author considers the main feature of legal consciousness to be people's awareness of the values of law and the idea of how effective positive law corresponds to the requirements of reason and justice, legal values and ideals.

Response elements can be presented both in the form of a quotation and in the form of a concise reproduction of the main ideas of the relevant text fragments.

What are the three elements of regulation of social relations the author considers the basis of the rule of law? What, according to the author, does the content of the rule of law consist of?

Read the text and complete tasks 21-24.

The rule of law is a system of social relations, which is established as a result of the exact and complete implementation of the prescriptions of legal norms by all subjects of law. The rule of law is the real basis of the modern civilized life of society.

All elements of the mechanism of legal regulation of social relations participate in the formation of the legal order. Their causal relationship is the basis of the legal life of society, which ultimately leads to the establishment of a legal order.

The rule of law is a normative prerequisite for the rule of law, the primary link in the mechanism of legal regulation, modeling the "ideal" law and order.

Legal relations are an element of the mechanism of legal regulation that ensures the transition from the ideal legal order envisaged by the legislator to the establishment of specific possible or proper behavior of participants in public relations provided for by legal norms. At this stage, legal regulation is connected to the mechanism of legal regulation, designed to guarantee the possible and proper behavior of the subjects of legal relations.

Acts of realization of legal rights and obligations are the final precondition of the rule of law. Under the conditions of the regime of legality, the rights and obligations of the participants in legal relations are actually embodied in their behavior, achieve their goal and, thus, pass into such a system of social relations, which forms the legal order.

The structure of the rule of law is the unity and simultaneous division of the system of social relations regulated by law in accordance with the peculiarities of their sectoral content.

The rule of law is a realized system of law. It includes constitutional, administrative, financial, land, family and other types of public relations regulated by the norms of the relevant branches of law. Structurally, the legal order reflects the implemented elements of the system of law. In this regard, in the structure of the rule of law, not only sectoral, but also more fractional groups of relations are distinguished, which are regulated by sub-sectors and institutions of law.

The peculiarity of the rule of law as a specific system of social relations is expressed in the fact that it is formed only on the basis of legal norms and, therefore, is protected by the state. Therefore, the rule of law does not cover all the relations that take place in society. A certain part of public life does not need legal regulation. It is within the scope of moral norms, norms of various public organizations and other non-legal normative regulators. In this sense, the rule of law is only an element of the general system of social relations that develops under the influence of normative regulation.

Explanation.

The correct answer must include the following items:

1) Three elements of regulation of public relations are named:

Rules of law;

legal relationship;

Acts of implementation of legal rights and obligations.

2) Answer to the second question:

Source: USE 06/08/2016 in social science. main wave. Option 76. (Part C)

Read the text and complete tasks 21-24.

If law itself is a socio-regulatory system, then it regulates, first of all and mainly, human behavior, how he acts, how he should act. That is why the theory of law traditionally addresses, first of all, the characterization of behavior, developing criteria that would make it possible to evaluate specific behavior. After all, it is behavior that is the result, the result of the realization of the right, and only these assessments can answer the question - whether the behavior meets the legal requirements or, on the contrary, deviates from these requirements, whether it is lawful or illegal ... Thus, the legal interest in behavior is also one of the important directions in the knowledge of law as an integral social institution. At the same time, the theory of law singles out and formulates only that which organically connects behavior with legal influence, with the regulatory nature of law.

In this case, the problem of behavioral motives turns out to be in the first place: whether legal requirements are involved in the formation of these motives, or whether their nature knows other, perhaps deeper layers, causes. Of course, this field of knowledge is not only the theory of law. Here it thoroughly intersects with other sciences, and above all with psychology. The theory of law in this area largely uses modern developments of psychology, especially social psychology.

The modern scientific level of knowledge consistently connects the motives of behavior with interests, defining the latter as objective or subjective needs of the life of subjects of law. There are personal, public, state, national and other interests.

For individuals, interest always forms certain personal attitudes, predispositions, clichés, value orientations, goals, ways to achieve them, and other conscious and emotional aspects of behavior that are especially important to know and take into account in law enforcement.

These attitudes can form various stereotypes of personality behavior. For example, pragmatic ones, when all the behavior of the subject of law is evaluated, “passed through” through the prism of profitability or harmfulness “for oneself”. One of the psychological forms of such behavior is egoism and its extreme manifestations in the form of egocentrism. At the same time, selfishness can form the motives of entrepreneurship, efficiency, careerism (and not only careerism), which in general does not deserve a negative assessment.

In turn, other attitudes can form motives that determine behavior that is useful for the “neighbor”, for society, the so-called altruistic motives. Altruism, like egoism, has different levels and forms of manifestation and is also ultimately determined by conscious or "feeling" interests. One of the ancient altruistic forms is the setting for self-sacrifice to help those who need it in the name of social ideals and goals.

On the one hand, the rule of law is a product of the subjective, conscious-volitional activity of law-making bodies. On the other hand, the rules of law become a natural element of the system of law only. In the case of an objective reflection of the needs of social life, determining the maximum measure of freedom and justice in social relations. Therefore, the norms of law objectively, regardless of the will of the law-making body, are combined into relatively independent groups of norms that regulate these relations. The law-making body cannot, at its own discretion, arbitrarily attribute the rule of law issued by it to one or another branch of law. If the norm is issued to regulate a certain kind public relations, then it is objectively included in the branch of law that regulates these relations.

The legal system is based on a different principle. In its formation, a significant place is occupied by the subjective factor, due to the need for legal practice, the need to take into account the changing forms of human communication...

The system of legislation is a set of sources of law, which are a form of expression of legal norms. Therefore, the law does not exist outside the law. They are related as form and content. It is in legislation (sources of law) that legal norms and their various structural formations receive their real expression, external manifestation. In this sense, the system of law and the system of legislation as a whole coincide.

However, they differ in structural elements and in their content. As noted above, the primary element of the system is the rule of law, which consists of a hypothesis, a disposition, and a sanction. The primary element of the system of legislation is an article of a normative legal act, which does not always contain all three structural elements of a legal norm ... Moreover, the same normative act may contain norms of various branches of law, which are provided with sanctions contained in other normative acts...

The diversity and interrelationship of social relations that arise in various spheres of public life, the need for their effective organization determine the creation in the system of legislation of such structural elements that do not coincide with the system of law. Therefore, branches of law do not always correspond to branches of legislation.

(V.N. Khropanyuk)

Explanation.

The correct answer may contain the following confirmations:

1) the system of law is formed on the basis of the general laws of public life / is not built on

arbitrary discretion of people, but on the basis of objective reality;

2) the rules of law become a natural element of the system of law only in the case of an objective reflection of the needs of public life;

3) the norms of law objectively, regardless of the will of the law-making body, are combined into relatively independent groups of norms.

Classification of legal facts is made on several grounds. Including the nature of the legal consequences, on the basis of will.

According to the nature of the consequences, legal facts are divided into law-forming; law-changing; terminating.

Here it must be borne in mind that the same fact (for example, the purchase and sale of a thing) at the same time in different legal relations can have different consequences. For the seller - the value of the right-terminating fact, for the buyer - the right-forming. Complicated, branched is the division of legal facts on the basis of will. Here, legal facts are primarily divided into events (the legal consequences generated by them do not depend on the will of people - - the birth of a person, a natural elemental phenomenon); actions (the legal consequences generated by them depend on the will of people - contracts, offenses, etc.).

Actions, in turn, are divided into legal and illegal. Moreover, both those and others have subsequent branches, varieties. It is important, for example, to see the features of such a variety of lawful actions as legal acts, i.e. lawful actions aimed at certain legal consequences, such as a contract.

When distinguishing between types of legal facts, the terms “misconduct” and “deeds” should not be confused. Misdemeanors are misconduct(offences), their most dangerous variety is crimes. Actions, on the contrary, are a variety of lawful actions, which, however, unlike legal acts, may not be directed to certain legal consequences, but they lead to such consequences directly by virtue of the rules of law. For example, the discovery of a treasure: whether or not the citizen who found the treasure wanted to receive a reward, the right to it arises directly by virtue of the law.

(S.S. Alekseev)

Explanation.

The correct answer must contain the following elements:

1) the answer to the first question:

A legal fact is a specific life circumstance with which the rule of law connects the emergence, change or termination of legal relations;

Moreover, only the totality of these elements allows us to speak about the presence or absence of a specific offense.

An offense is not so much a legal as a social phenomenon, since the common object of all offenses is social entities, primarily the rule of law. The rule of law as the most general object of an offense characterizes the legal state of social relations, represents the total result, the result of compliance, execution, use and application of legal norms in society. It is clear that any offense to one degree or another weakens the rule of law, knocks out one or another basis from under it, destroys one or another link.

Therefore, any offense causes damage, harms the sustainability, stability of society, personal and public interests, and ultimately the rule of law.

In addition to this general object of the offense, the theory of law singles out the specific object of each offense. It can be the rights and freedoms of a person, his life and health, property and security. These can be property and financial interests of a legal entity, environmental interests, it can also be the sphere of government - the foundations of the constitutional system, the form of government, the political regime, the military sphere, etc. It is important to emphasize that the object of the offense is always personal and public the good that is protected is secured by law. It is the formal moment - the illegality of this or that action (inaction) - that first of all characterizes the offense.

The behavior of the subject of law constitutes the objective side of the offense, that is, those external actions that can be observed, established, evaluated. This objective side, in turn, represents the unity of three elements: unlawful behavior, harm, and a causal relationship between action (inaction) and harm caused ...

The subject of the offense is a capable subject of law: a sane person who has reached a certain age, a citizen of the state or a foreigner who does not have diplomatic immunity or a stateless person.

Age matters. The subject of a crime can only be a person who has reached the age of 16, and for some crimes - 14 years...

Finally, the subjective side. It is characterized by guilt - the mental attitude of the subject to his action (inaction), to its results. Free will, which determines the subject's choice of certain options for behavior, is also manifested in the mental attitude of this subject to his behavior, its results.

Read the text and complete tasks 21-24.

The Constitution combined two basic priorities - the highest status of the rights and freedoms of citizens and a strong state - emphasizing their mutual obligation to respect and protect each other. I am convinced that the constitutional framework must be stable, and above all, this applies to the second chapter of the Constitution, which defines the rights and freedoms of man and citizen. These provisions of the Basic Law are inviolable.

At the same time, life does not stand still, and the constitutional process cannot be regarded as finally completed, dead. Point corrections of other chapters of the Basic Law, coming from law enforcement practice, from life itself, of course, are possible, and sometimes necessary. So, you know, it is proposed to amend the Constitution, on the basis of which the Supreme Court and the Supreme Arbitration Court are merged. Today, in the interpretation of many laws, these courts often diverge, sometimes quite significantly, make different decisions on similar cases, and even on the same ones. As a result, there is legal uncertainty, and sometimes injustice, which affects people. I believe that the association of courts will send judicial practice in a single direction, which means it will strengthen guarantees for the implementation of the most important constitutional principle - the equality of all before the law.

We must support civic activity on the ground, in municipalities, so that people have a real opportunity to take part in the management of their village or city, in solving everyday issues that actually determine the quality of life. Today, the system of local self-government has accumulated a lot of problems. The scope of responsibility and resources of municipalities, unfortunately, as you well know, are not balanced. Hence, there is often a confusion with powers. They are not only blurred, but are constantly being thrown from one level of power to another: from district to region, from settlement to district and back...

I repeat, I consider the most important task... the development of a strong, independent, financially sound local government.

(V. V. Putin)

Explanation.

The correct answer must contain the following elements:

Read the text and complete tasks 21-24.

The classification of branches of Russian law is based on the subject and method of legal regulation.

Environmental law is an independent branch of law, which has its own subject and method.

The subject of environmental law is formed by a specific group of relations that develop in the process of interaction between society and nature (environmental relations). Since this interaction manifests itself in two main forms, we can say that the subject of environmental law is public relations regarding the rational use of natural resources and environmental protection.

The method of legal regulation is a set of methods and means of legal influence on social relations. As you know, legal regulation is carried out using two main methods - administrative-legal (mandatory), which involves relations of power and subordination between subjects, the establishment of mandatory prescriptions and prohibitions, as well as civil law (dispositive), based on the equality of participants in legal relations and freedom their will. Features of the method of the branch of law are due to the nature of regulated relations, the originality of its subject.

Environmental law combines both of these methods. Taking into account the importance of the environmental interests of society, on behalf of which the state acts, the legal regulation of environmental relations is carried out mainly using the administrative-legal method: the competent state bodies adopt regulations that provide for environmental rules that are mandatory for all participants in relations in the field of nature management and protection the natural environment.

according to the materials of the Internet encyclopedia

Explanation.

A correct answer must contain the following elements:

1) definition:

The method of legal regulation is a set of methods and means of legal influence on social relations;

2) Features:

Features of the method of the branch of law are due to the nature of regulated relations, the originality of its subject.

Read the text and complete tasks 21-24.

Public law is such a legal sphere, which is based on state interests, "state affairs", i.e. the very structure and activities of the state as a public authority, regulation of the activities of the state apparatus, officials, public service, criminal prosecution of offenders, criminal and administrative liability, etc. - in a word, institutions built in a "vertical" plane, on the basis of power and subordination, on the principles of subordination, subordination. Accordingly, "public law" has one - and only one - national legal "center", is characterized by imperative prescriptions and prohibitions addressed to subordinates, subject persons; Permissions that are imperative in nature are the prerogative of the ruling subjects.

That is why public law is characterized by a specific legal order - generally speaking, the order of "power - subordination", according to which persons in power have the right to unilaterally and directly, in principle, without any additional decisions of other instances, determine the behavior of other persons ( subordinates, subjects), and, accordingly, the entire system of power-coercive institutions is obliged by force of coercion to ensure the full and precise implementation of orders and commands of power, and "all other" persons - to obey them unconditionally. All other principles of public law follow from this: difference, heterogeneity of the legal status of persons, hierarchy of position and different scope of powers of ruling persons, the presence of their own, “departmental” jurisdiction, lack of orientation towards a decision contentious issues independent court. As democracy develops, these principles are enriched with institutions of a high democratic order (guarantees for citizens, democratic procedures, etc.), but this does not change the very essence, the very nature of public law principles.

Private law expresses the beginning of decentralization, the freedom of individual subjects. Here, the possibility of solving a particular life situation is not only pre-programmed in legal norms to some extent, but is also provided to the participants in the relationship themselves, who determine the solution of the situation themselves, autonomously, by their own will and in their own interests (mainly through contracts). I. Kant wrote that private law is such a right, according to which duty and coercion are based not directly on the law, but on justice and on the freedom of a person to be his own master.

Therefore, in private law, in contrast to public law, “horizontal” relations dominate, based on the legal equality of subjects, coordination of their will and interests. The predominant position in it is occupied by legal permissions. And legal norms in many cases are dispositive in nature, i.e. act on the principle “unless otherwise provided by the contract” - they act only when the parties have not agreed on this issue among themselves.

(S. S. Alekseev)

Explanation.

A correct answer must contain the following elements:

1) the answer to the first question, for example:

Private law, unlike public law, is dominated by "horizontal" relations based on the legal equality of subjects, coordination of their will and interests;

2) the answer to the second question, for example:

Public law is characterized by imperative prescriptions and prohibitions addressed to subordinate, subject persons; permissions that are imperative in nature are the prerogative of ruling subjects, and the legal norms of private law in many cases are of a dispositive nature. They act on the principle “unless otherwise provided by the agreement”, they act only when the parties have not agreed on this issue among themselves.

(An indication only of the peculiarity of the norms of public / private law, without indicating an explanation, does not count.)

Response elements can be presented both in the form of a quotation and in the form of a concise reproduction of the main ideas of the relevant text fragments.

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

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

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

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

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

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

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

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

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

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

State responsibilities:

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

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

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

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

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

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

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

BUT) Humanitarian law in peacetime

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

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

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

B) Humanitarian law in times of armed conflict

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

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

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

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

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

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

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

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

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