Release: 2022-1 (31)
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DOI: 10.21777/2587-9472-2022-1-5-9
Keywords: funeral business, administrative offenses, crimes, bill, burial, cemetery, funeral services
Annotation: The article describes the problem of transparency of the “funeral” business, ensuring the balance of private and public interests in the burial and maintenance of cemeteries. Abuses in the sphere of the “funeral” business are analyzed, options for solving the problems indicated in the article are proposed. Special attention is paid to the improper activities of local governments in terms of organizing and maintaining burial sites, non-compliance with the rules for the intended use of land. As a result of studying the problems identified by the author, a positive assessment is given of the licensing of funeral services, which should clear the market of illegal participants, help fill the country’s budget and respect the rights and legitimate interests of the family members of the deceased. Based on open information and analysis of the draft Federal Law “On burial and undertaking”, the author proposes to amend the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation, aimed at preventing and suppressing socially dangerous acts in the implementation of entrepreneurial activities in the field of burial and undertaking.
ON THE ISSUE OF REACTUALIZATION OF THE SUFFRAGE OF YOUNG VOTERS IN RUSSIA
DOI: 10.21777/2587-9472-2022-1-10-16
Keywords: elections, young voters, absenteeism, suffrage, civil institutions, election commissions
Annotation: This paper discusses the methods of adjusting the level of affiliation of the young electorate and the reactualization of suffrage for this social group of the Russian population. The aim of the author is to analyze and identify the problems of overcoming political and electoral apathy among voters, in the age category up to 40 years. The topic of scientific research chosen by the author is relevant, due to the continuing high level of absentee reactions in Russian society, still weak percentages of voter turnout, especially for regional or municipal level elections, which calls into question the legitimacy of existing government institutions as a whole. As the main results of the author’s study of the problem, the main behavioral stereotypes in the electoral environment of young voters in Russia are given, forms and methods for reactivating suffrage in this social group are given, recommendations are presented for the effective inclusion of future voters and those who have already become them in the electoral process based on the formed knowledge, experience of interaction with government structures, a built civic position
THE MAIN TRENDS IN THE DEVELOPMENT OF THE BANKING SYSTEM OF THE RUSSIAN FEDERATION AT THE PRESENT STAGE
DOI: 10.21777/2587-9472-2022-1-17-22
Keywords: banking system, credit institution, Bank, shares, authorized capital, capitalization
Annotation: The paper describes the peculiarities of the Russian banking system and analyzes the legislation on the banking system and ways of its possible improvement. The paper analyzes the evolution of legislation on the domestic banking system, constitutional norms on the banking system and the functions of the Central Bank of the Russian Federation, analyzes the concept of “federal bank”, features of the Russian banking system structure at the present stage. The process of recreating commercial banks in the USSR in the late 1980s is analyzed, the content of the norms of the current Constitution of the Russian Federation of December 12, 1993, affecting the legal status of the Bank of Russia, as well as the jurisdiction of the Russian Federation in matters of legal regulation of banking activities. The author concluded that there is a legal conflict between paragraph “g” of Art. 71 of the Constitution of the Russian Federation and the provisions of the Federal Law of 02.12.1990 No. 395-1 “On Banks and Banking”. Thus, a variant of its elimination was proposed by enshrining the definitions of the concept of “federal bank”, which is referred to in Art. 71 of the Constitution of the Russian Federation in the current legislation. Attempts to develop proposals for further improvement of the legislation on the banking system of the Russian Federation are undertaken in the paper.
CORRELATION OF THE UDRP PROCEDURE AND ARBITRATION PROCEEDINGS
DOI: 10.21777/2587-9472-2022-1-23-27
Keywords: UDRP procedure, arbitration, domain disputes, alternative dispute resolution methods
Annotation: The paper analyzes the features of the consideration of domain disputes under the UDRP procedure and the possibility of attributing such proceedings to arbitration. The purpose of the investigation is a brief overview of the experience of conducting proceedings both through UDRP and arbitration courts. The purpose of the investigation is to highlight the problems of the legal nature of the case under the UDRP procedure and arbitration proceedings. The methodological basis of the research was: the formal legal method, the comparative legal method, as well as general scientific methods of cognition. The conducted analysis allows us to conclude that dispute resolution using UDRP does not allow us to consider this mechanism as a kind of arbitration. However, it allows us to conclude that these alternative conflict resolution mechanisms have a number of common features. It is confirmed by the judicial practice cited in the work, especially in light of the fact that disputes over domain disputes will only expand, among other things, due to the constant increase in the volume of the economy in the field of information and communication technologies.
THE USE OF DIGITAL SYSTEMS IN THE ACTIVITIES OF CORRECTIONAL INSTITUTIONS AND PRE-TRIAL DETENTION CENTERS
DOI: 10.21777/2587-9472-2022-1-28-32
Keywords: penal enforcement system, digital systems, correctional institution, remand prison, convict
Annotation: The paper investigates the issues of the implementation of modern digital technologies, technical means necessary to ensure the regime and supervision, security, safety of personnel, convicts, persons in custody, as well as other persons interacting with the system of execution of criminal penalties in the activities of management bodies and institutions of the penal enforcement system of Russia. The study was conducted in the period from 2003 to 2021 in the Moscow oblast, Smolensk oblast, Murmansk oblast, Ryazan oblast, Kalmykia region and Moscow. The purpose of the investigation is to assess the implementation of digital technologies and systems in the activities of institutions and bodies executing criminal penalties, executing a preventive measure in the form of detention, to ensure an appropriate regime, ensuring the safety of convicts, suspects, accused detainees, employees of the penal enforcement system and other persons, the realization of their rights, duties and legitimate interests. The activity of institutions of the penal enforcement system related to the execution of criminal punishment in the form of imprisonment, the execution of a preventive measure in the form of detention, as well as the activities of the Federal Penitentiary Service of the Russian Federation were investigated.
ON SOME PROBLEMS ARISING IN THE ACTIVITIES OF THE BODIES OF PRELIMINARY INVESTIGATION IN THE IMPLEMENTATION OF DETENTION IN ACCORDANCE WITH THE NORMS OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
DOI: 10.21777/2587-9472-2022-1-33-38
Keywords: detention of a suspect, grounds, procedure and terms for detention of a suspect, detention of an accused
Annotation: The paper is devoted to the consideration of the problems of detention of a suspect by the bodies of preliminary investigation and ways of their possible solution. At the same time, the author touches upon problematic issues related to the regulation of the grounds, procedure and terms for the detention of a suspect, improper enforcement of the legality of the implementation of this measure of procedural coercion and maintaining the secrecy of the detention of a suspect. Particular attention is also paid to the study of the issues of detention of the accused, the norms on the direct regulation of which the Code of Criminal Procedure does not contain. The article analyzes the issues of legal regulation of detention and interpretation of norms both in the Soviet Union and at present. The author concludes that it is necessary to regulate the issue of detention of the accused in the current Code of Criminal Procedure of the Russian Federation, which would correspond to the requirement established in Part 1, Art. 1 of the Code of Criminal Procedure of the Russian Federation on the procedure for criminal proceedings on the territory of the Russian Federation, based on the Constitution of the Russian Federation. It is proposed to amend paragraph 1 of part 1 of Art. 91 Code of Criminal Procedure of the Russian Federation.
CRIMINAL-LEGAL CHARACTERISTICS OF THE MURDER OF A NEWBORN CHILD BY A MOTHER
DOI: 10.21777/2587-9472-2022-1-39-47
Keywords: infanticide, newborn, responsibility, traumatic situation, mother’s murder of a newborn child during or after childbirth
Annotation: The Constitution of the Russian Federation guarantees everyone the right to life. Human life is an absolute value that is protected regardless of gender, age, race or other circumstances. Criminal legislation plays a special role in its protection. In fulfilling this role, the Criminal Code of the Russian Federation contains a number of important articles on the protection of life, mainly focused on chapter 16 of the Criminal Code of the Russian Federation. Crimes against the life of children occupy a special place among crimes against the person, since children are among the most vulnerable groups of people. The objective side of the crime under Art. 106 of the Criminal Code of the Russian Federation is characterized by the act, the consequences in the form of the death of a newborn and the causal relationship between the act of the mother and the death of the newborn. The object of the crime is the life of a newborn child. In fact, Art. 106 of the Criminal Code of the Russian Federation provides for three types of murder: murder by the mother of a newborn child during or after childbirth; murder by the mother of a newborn child in a traumatic situation; murder by the mother of a newborn child in a mental disorder that does not exclude sanity.
INTERNATIONAL LEGAL MECHANISMS OF ENSURING THE RIGHT TO EDUCATION
DOI: 10.21777/2587-9472-2022-1-48-54
Keywords: the right to affordable and quality education for all peoples of the world, UNESCO, Covid-19
Annotation: The paper describes the main directions of international legal cooperation in the field of ensuring the right to affordable and high-quality education for all. The problems of ensuring the right to education at the universal level, including those related to changes in the education system caused by the Covid-19 pandemic, have been identified. The purpose of the work, in particular, identification of features of international legal mechanisms for ensuring the right to education, was achieved through the general scientific methods used in the work (dialectical method, methods of analysis, synthesis, induction, deduction) and special scientific methods (legal analysis, comparative legal method). The conclusions formulated in the paper show the need for further improvement of international cooperation between states in the field of providing affordable and high-quality education for all, taking into account the conditions of modern society. The result of the work shows the importance of the right to education for both international and national law, as well as the influence of international education standards on domestic mechanisms for its implementation.