Release: 2021-1 (27)
Keywords: bureaucratic apparatus, Russian bureaucracy, organization of public service, regulation, office work, professional qualification
Annotation: This paper discusses the main stages of the legitimization of the bureaucratic apparatus in Russia in the first half of the XIXth century. The author‘s purpose is to analyze the political measures of the Russian government aimed at modernizing the structure, organization and activities of the bureaucracy at both the central and local levels during this period. This topic is relevant in the context of increasing public interest in the efficiency of the functioning of the state apparatus of Russia and its improvement. The historical experience of the authorities in the organization, regulation, as well as the quantitative and qualitative development of domestic bureaucracy deserves attention. As the main results, the author formulates the requirements for officials that have developed at the legislative level. It is concluded that by the middle of the XIXth century, the bureaucratic apparatus had become one of the main forces in the state and society of Russia.
ON THE RESPONSIBILITIES OF THE SPOUSES: HISTORICAL AND LEGAL COMPREHENSION
Keywords: Marriage, codes, morality, duties of the spouses, family, matrimony, ecclesiastical law
Annotation: The modern approach to the institutions of marriage and family is considered in the context of historical and comparative legal analysis of legislative acts, as well as dogmatic norms of church law. Considerable attention is paid to the responsibilities of spouses as moral and legal regulators of family relations. Based on the traditional meanings and values of marriage, a consistent ethization of the family legislation of Russia is proposed, which will allow avoiding neoliberal tendencies that significantly hamper the development of modern family policy.
CONSTITUTIONAL AND LEGAL STATUS OF THE PROSECUTOR’S OFFICE OF THE RUSSIAN FEDERATION AND THE PROSECUTOR’S OFFICE OF THE PRIDNESTROVIAN MOLDAVIAN REPUBLIC: COMPARATIVE ANALYSIS
Keywords: constitution, prosecutor’s office, rule of law, unrecognized state, authorities, the system of separation of powers
Annotation: The Russian Federation, one of the world powers, and the Pridnestrovian Moldavian Republic, an unrecognized state, in their Constitutions positioned themselves as legal. Such a constitutional norm rather defines the purpose, but not the statement of the development level of the institutions inherent in the rule of law. Article 2 of the Constitution of the Russian Federation and Article 16 of the Constitution of the PMR, which impose on the state the obligation to protect human and civil rights and freedoms, have a direct effect, as do the norms of paragraph 1 of Article 45 of the Constitution of the Russian Federation and Article 45 of the Constitution of the PMR, which enshrine state guarantees for the performance of these duties. To varying degrees, all links of the state mechanism are involved in the mechanism of implementation of these guarantees, but the institute of the Prosecutor’s Office occupies a special place. A comparative characteristic of the constitutional status of the Prosecutor’s office in the Russian Federation and the PMR is given.
THE CONSTITUTION OF RUSSIA AS THE MAIN SOURCE OF ADMINISTRATIVE LAW
Keywords: Constitution, public administration, regulatory legal act, sources of law, administrative law, rule of law, law, bylaw
Annotation: A special source of administrative law is the Constitution of the Russian Federation, which enshrined the system of forms of law in this branch. The paper discusses the positions of scientists who note its hierarchical and multilevel nature. The paper contains an analysis of the principles relevant to administrative law, which determine the aims of improving administrative legislation based on the political and social values of the modern state and society. They lay the foundation for the creation of administrative and public bodies, determine the nature of the relationship between them. The author considers its legal properties, which have an impact on the development of the system of sources of administrative law. The Russian Constitution is a normative legal act that was adopted by popular vote, which has the property of supremacy, has direct effect throughout the country and the highest legal force. The paper contains an analysis of the special order of its protection, revision and amendment.
THE CONSTITUTION OF THE RUSSIAN FEDERATION AS A SOURCE OF FINANCIAL LAW
Keywords: The Constitution of the Russian Federation, financial law, state bank, fiscal policies, budget expenditures, education, economy, healthcare
Annotation: This paper is devoted to the analysis of the financial and budgetary norms of the Constitution of the Russian Federation, the specifics of their practical implementation at the present stage, as well as possible ways to improve the norms of the budget legislation of the Russian Federation in order to implement constitutional provisions more effectively in this area.
THE RISKS OF CREATION AND FUNCTIONING OF ARTIFICIAL INTELLIGENCE IN MEDICINE
Keywords: information law, legal theory, artificial intelligence, legal regulation, health care, medical law, risks and threats
Annotation: Eight types of risks for the functioning of artificial intelligence in medicine were discovered in the study. The problems arising from the use of neural networks in medical systems are considered and solutions are proposed with the help of legal regulation. The aim of the paper is to identify problematic issues arising from the use of artificial intelligence in medicine, and to generalize the emerging risks on their basis, as well as to present possible proposals for their minimization from the point of view of jurisprudence. Formally, legal and judicial comparative methods were used to highlight and systematize problematic issues in the use of artificial intelligence in medicine, as well as to generalize the study of the material. The author analyzes the problems of legal regulation of the use of artificial intelligence technologies and the possible risks of using artificial intelligence in the new digital environment. Various views on the principles of the formation of legal regulation of new technologies in medicine are considered, and universal standards for the development of artificial intelligence programs are studied. The above judgments and generalizations will make it possible to comprehensively systematize the existing modern risks of using artificial intelligence and develop appropriate measures at the micro level, and at the macro level to form a general vector of development of the formation of principles and regulations.
RETROSPECTIVE CRIMINAL LIABILITY: APPROACHES TO UNDERSTANDING
Keywords: retrospective; criminal liability; penalty; security criminal-legal attitude; person having committed the offence, duty
Annotation: The aim of the work is to analyze different approaches to understanding retrospective criminal liability in the general theory of law and the theory of criminal, criminal procedure and criminal enforcement law. The relevance of the topic is determined by the presence of a large number of points of view, opinions of scholars on: the concept, essence and content of retrospective criminal liability, its relationship with the security criminal law relations, as well as the needs of the practice of its implementation. During the study of approaches to the understanding of retrospective criminal liability, general scientific and mid-level research methods were used: dialectical, formal-logical and systemic-structural. On the basis of the general theory of law and the theory of criminal, criminal procedure and criminal enforcement law, the paper explores various approaches of scholars to the concept, content, essence of retrospective criminal liability, its interconnection with the security criminal law relations, and also expresses the author‘s position on the issues under consideration.
THE PROBLEM OF QUALIFICATION OF MURDER OF A NEWBORN CHILD BY THE MOTHER
Keywords: offence, murder, newborn child, psychotraumatic situation, state of mental disorder, sanity, qualification, qualifying actions, intent
Annotation: The paper discusses the problems of qualifying the murder of a newborn child by mother. The inaccuracies that occur in corresponding article of the Criminal Code of the Russian Federation are identified. The ways of improvement of criminal law for the better qualification of this type of offence are suggested.