Release: 2022-2 (32)

2022-2 (32)
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ON SOME ASPECTS OF THE EVOLUTION OF THE ELECTORAL LAW IN RUSSIA

Page:5-12

DOI: 10.21777/2587-9472-2022-2-5-12

Annotation: The article describes the evolution of the electoral law in modern Russia in two main directions: the development of electoral law in terms of ensuring equal opportunities to vote and be elected; the development of electoral law in terms of independent observation of the preparation and conduct of elections. A brief review of the electoral system of the Soviet state in the sphere of the ability of citizens to exercise their active and passive suffrage is given. A number of international normative legal acts, as well as national legislation regulating the right to vote in the country are considered. It is noted that the approach to this institution of electoral law has been updated in the field of independent election monitoring. This is how the legal definition of the term “observer” is given, the scope of his duties and rights is outlined. It is noted that along with the election law, administrative and criminal law were transformed, new types of offenses were introduced. It is concluded that there are three main stages in the evolution of the Russian electoral system, within the framework of which equal opportunities to vote were formed, as well as the creation of election assessments independent of political preferences.

TRANSFORMATION OF DOMESTIC CONSTITUTIONAL LAW: THE POLITICAL SYSTEM OF THE SOVIET UNION AND THE RUSSIAN FEDERATION

Page:13-18

DOI: 10.21777/2587-9472-2022-2-13-18

Annotation: The article describes the political relations arising during the transition from the Soviet (socialist) to the Russian (democratic) system based on the 1977 USSR Constitution and 1993 RF Constitution. Structural and functional changes in constitutional law in our country led to the fact that the “political space” began to be actively used to commit anti-state actions, in particular, for the spread of Western ideologies and morality. A comparative analysis of the historical and current state of the political system in Russia is provided in the scientific article, as well the formative and meaningful signs of the evolution of the constitutional mechanism are outlined. The author analyzed the constitutional practice on the issue under consideration: the main components of the transformed political system of the Soviet Union and the Russian Federation (sources of power, the head of state, the highest legislative, executive and judicial power, federal structure) are considered, similar (hereditary) features and characteristics of each of them are identified.

RETHINKING THE DEFINITION OF ENVIRONMENTAL QUALITY AFTER THE COVID-19 PANDEMIC ON THE EXAMPLE OF REFORMS IN LEGISLATION (EXPERIENCE OF CANADA)

Page:19-25

DOI: 10.21777/2587-9472-2022-2-19-25

Annotation: The COVID-19 pandemic has even had an impact on environmental change. Air pollution, which is classified as one of the biggest environmental problems affecting public health, changed as the pandemic progressed. Evidence has also emerged that polluted air increases the risk of contracting COVID-19 and contributes to an increase in the number of deaths among those infected. Thus, a pattern was found between air quality and the number of cases and deaths. The objective of the study is to briefly review Canada’s experience with environmental rulemaking in a pandemic environment. The aim of the study is to highlight the practical proposals of foreign jurisdiction on the analyzed issue, to reflect the advantages and disadvantages of the received experience. Methodological basis: formal-legal method, comparative-legal method, general scientific methods of knowledge. Rethinking the definition of legislative standards to the quality of the environment is considered in the area of effective and rapid struggle against pandemic in the future and for the sake of decent maintenance of environmental quality, which is the main direction of state policy in the field of environmental protection.

ON THE ISSUE OF THE PRACTICE OF APPLYING THE REGULATIONS OF THE RF CIVIL CODE ON THE ESSENTIAL TERMS OF THE SALE AGREEMENT

Page:26-29

DOI: 10.21777/2587-9472-2022-2-26-29

Annotation: The article analyzes the law enforcement practice on the issue of determining the essential terms of the sale agreement and illustrates the adoption of opposite decisions on similar legal issues by the courts. The authors cite data confirming not so much the importance of scientific discussion on the list of essential terms of the sale agreement in general and its individual varieties in particular, as the urgent need to form the position of the highest court on this issue and its presentation in the relevant acts of the judiciary. In the course of a brief study the authors come to the conclusion that the legal regulation of this issue is not without declarative features in such general legal principles as justice and legality. Precisely this, in turn, confirms the urgent need to form the position of the highest judicial instances on the issue of the list of essential terms of the sale agreement and its presentation in the relevant acts of the judiciary.

ACTIVE REPENTANCE: LEGAL NATURE AND CRIMINAL LAW CHARACTERISTICS

Page:30-36

DOI: 10.21777/2587-9472-2022-2-30-36

Annotation: The article describes the features of exemption from criminal liability due to the active repentance. The relevance of the topic of the article is predetermined by the significance of the institution of exemption from criminal liability in the general mechanism of the implementation of criminal policy, which is based on the principles of justice and humanism. The humanistic foundations of modern criminal policy presuppose the existence of mechanisms for the exemption of guilty persons from criminal liability, but the Russian criminal policy – the existence of alternative measures to bring to justice, including exemption from it, among other things, on the basis of active repentance. The purpose of the article is to identify legislative gaps and problems in the implementation of norms regulating exemption from criminal liability due to active repentance. As a result of the study, proposals were formulated to improve the norms of the Criminal Code of the Russian Federation regulating the grounds for exemption from criminal liability due to active repentance. It is proposed to systematize the norms allowing the application of Part 2 of Article 75 of the Criminal Code of the Russian Federation, but Part 2 of Article 75 of the Criminal Code of the Russian Federation should be supplemented with an indication of mandatory exemption from criminal liability and a list of articles of the Special Part of the Criminal Code containing relevant notes.

SOME FEATURES OF THE LEGAL STATUS OF A PERSON IN RESPECT OF WHOM A PRE-TRIAL AGREEMENT ON COOPERATION IS CONCLUDED

Page:37-40

DOI: 10.21777/2587-9472-2022-2-37-40

Annotation: The article describes the legal status of the suspect (accused), with whom a pre-trial agreement has been concluded on cooperation, since the analysis of the practice of implementing the norms does not give reason to believe that the versatility of the procedural position of the subject in question is fully taken into account. However, his interest in the outcome of the preliminary investigation raises questions about what effect can be achieved, taking into account the changes made to the current legislation. A person must clearly understand in what capacity he will act in a particular criminal case. Therefore, the lack of an opportunity to obtain clarifications regarding his rights, obligations and liability for violation of established requirements may lead to a violation of the rights of other participants in criminal proceedings. The article also pays attention to the consideration of the interdependence of the rights and obligations of the specified person with the legal guarantees of other participants in criminal proceedings and the rationale for the need to resolve a number of legal issues in order to eliminate possible negative consequences of law enforcement activities.

ON REGULATORY CRIMINAL-AND-LEGAL RELATIONS AND ITS ELEMENTS

Page:41-46

DOI: 10.21777/2587-9472-2022-2-41-46

Annotation: The purpose of the work is to study regulatory criminal-and-legal relations and its elements as a debatable category in the theory of criminal law. The relevance of the topic is determined by the presence of different opinions of scientists on the essence and content of regulatory criminal-and-legal relations, their relationship with criminal law relations and criminal liability. During the study of the issue, general scientific and private scientific research methods were used: dialectical, formal-logical, system-structural. The article analyzes the history of the issue of regulatory criminal-and-legal relations recognition in the general theory of law and the theory of criminal law, the contribution of individual scientists to the development of its concept. The article examines the moment of the initial emergence of these legal relations and their connection with the fact of publication and operation of criminal law norms, the characteristics of these legal relations from the point of view of their classification in the theory of law. The elements of the structure of regulatory criminal law relations (object, subjects, content) are considered, their relationship with positive criminal responsibility and criminal law behavior is determined, the author’s opinion on the issues under consideration is expressed.

JUDICIAL REVIEW OF CRIMINAL CASES INITIATED AGAINST MINORS: TRENDS, PROBLEMS AND WAYS TO SOLVE THEM

Page:47-51

DOI: 10.21777/2587-9472-2022-2-47-51

Annotation: This article analyzes the problems of legal proceedings against persons under the age of majority, for several reasons, in particular: motherhood and childhood, the family are under special protection of the state, which is reflected in the basic law of our country, through the prism of the discussion relevant in recent years on the development of juvenile justice, and the development of specialized approaches to consideration of the categories of criminal cases mentioned above. The research objective is a brief review of the experience of conducting proceedings in the selected category of cases. The purpose of the study is to highlight the problems of the legal nature of the case. 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 the mechanism of judicial protection of the rights and legitimate interests of minors envisaged in the criminal procedure legislation needs to be improved, which is possible through moderate reception of positive foreign experience, for example, due to a more detailed and accurate interpretation of the provisions of the norms of the relevant procedural code.