Release: 2022-3 (34)

2022-3 (34)
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Content:

SUSTAINABLE DEVELOPMENT AS A CIVILIZATION OF MIND AND THE EURASIAN PROJECT

Page:5-11

DOI: 10.21777/2587-9472-2022-3-5-11

Annotation: The purpose of this article is to reveal the fundamental importance of the forming of the idea of sustainable development as a worldview and paradigm of enduring cultural value. This does not mean underestimating the practical problems that need to be solved. However, if you start with them without creating a solid conceptual foundation, the idea of sustainability can repeat the fate of many bright ideas, the implementation of which began with great enthusiasm and ended in disappointment with dire consequences. This means that we must begin with the creation of a stable consonance of the spirit of the revolution with the revolution of the spirit. The Eurasian project provides an excellent opportunity for this. Sustainable development includes not only the economy, ecology and just society, but also spirituality, which raises responsibility to a sustainable moral imperative. The only possible perspective for Europe is substantiated – the creation of a humanistic civilization as a model, functioning as a fatherland of nations. The main aspects of sustainable development are economic, environmental, social and spiritual ones. Sustainability cannot be achieved at all if one of these aspects is neglected.

PROBLEMS OF DETERMINING THE COMPETENCE OF LOCAL SELF-GOVERNMENT BODIES

Page:12-17

DOI: 10.21777/2587-9472-2022-3-12-17

Annotation: The article analyzes the concept of competence of local self-government bodies. The author considers the transformation of this category in the conditions of reforming the institution of local self-government. A comparative analysis of certain provisions of the current Federal Law “On the general principles of the organization of local self-government in the Russian Federation” from October 6, 2003, and the draft law “On the general principles of the organization of local self-government in the unified system of public authority” submitted to the State Duma is carried out. The problems of defining issues of local importance at different stages of the development of legislation on local self-government are considered. Questions are raised about the need for a clear consolidation of the competence of local self-government bodies in order to optimally organize the activities of the entire state apparatus. The conclusion is made about the systemic transformation of local self-government in the Russian Federation, affecting both the territorial organization of local self-government and the procedure for determining the competence of local self-government bodies. The methodological basis of the presented work was: the comparative legal method; formal-legal method; general scientific methods of cognition.

THE FORM OF THE RUSSIAN STATE: NEW FACETS IN THE CONTEXT OF CONSTITUTIONAL REFORM

Page:18-23

DOI: 10.21777/2587-9472-2022-3-18-23

Annotation: The political system is a multi-faceted category that has, among other things, a constitutional and legal dimension, due to which constitutional reforms, constitutional transformations, as a rule, generate changes in the political system. The constitutional reform in the Russian Federation in 2020 was no exception, in the course of the reform, all the components of the form of the Russian state have undergone changes. In the history of the Russian state changes in the political system have taken place more than once. Using traditional methodological tools, the article substantiates the conclusion that large-scale textual changes to the Constitution of the Russian Federation did not, however, lead to a radical transformation of the political system in general and the Russian state in particular, which had developed by the beginning of the reform. The main thing in understanding the political and legal essence of the state is not the constitutional consolidation of certain characteristics of the state, but the real mechanisms of power, the interaction of the state with society, citizens.

TO THE QUESTION OF THE CONCEPT OF "POLITICAL SYSTEM"

Page:24-30

DOI: 10.21777/2587-9472-2022-3-24-30

Annotation: The interest and relevance of this problem is due to the constant increase in the strengthening of the politicization of society, the broad involvement of the population in it. The focus here is on the political system, where the initial understanding, characteristics for it is its definition, concept. In this regard, the main purpose of the report is an attempt to develop such a definition, as well as a description of the constitutional regulation of issues of the political system. It shall be noted that it is very difficult to offer one universal such here. This is due to the versatility, the multidimensional nature of the political system of a particular country. In our opinion, the axes of its definition are based on politics, that it is defined by certain institutions. Two types are named: structural and regulatory. Hence, the definition of a political system is proposed – a set of diverse and at the same time dynamically connected structural and regulatory institutions through which power is exercised in the state. First of all, three main research methods were used: dogmatic, historical and comparative.

DIGITAL AND ANALOGUE COPYRIGHT LAW: ARE THE PRINCIPLES DIFFERENT?

Page:31-37

DOI: 10.21777/2587-9472-2022-3-31-37

Annotation: Copyright law is based on certain principles (fundamental ideas). The issue on the relevance of the principles of analogue copyright law in the digital age is debatable. The purpose of this article is to identify and conceptualize the principles of copyright law in the analogue and digital eras. The author of the article analyzes five such principles: the principle of protection of a works form; the principle of automatic copyright protection; the principle “the author is a individual who created the work”; the principle of recognition of the inalienable moral rights of the author; the principle of a closed list of cases of free use of a work. It was concluded that these principles are the same for digital and analogue copyright. At the same time, specific transformations are gradually brewing within each of the principles in the digital age. For example, the principle of automatic copyright protection seems irrelevant and ineffective today. The study used general scientific, formal-logical methods of cognition.

SOME ASPECTS OF COMPARATIVE LAW RESEARCH IN PRIVATE INTERNATIONAL LAW

Page:38-42

DOI: 10.21777/2587-9472-2022-3-38-42

Annotation: The article is devoted to the study of the connection between two legal sciences: comparative law and private international law. The author shows the systemic interaction of both sciences. Their intersection is observed: in the general history at the initial stage of their forming and development; in the use of the comparative legal method as one of the central methodological tools for adapting the norms of international law to regulate civil law relations with the participation of a foreign element; in the active role of the norms of international public law on the issues of civil law cooperation of states in the process of unification of the norms of PIL; in the case of litigation of a dispute involving a foreign element and the court resorts to the comparative legal method as a tool that allows correctly identifying the applicable elements of foreign law. On the other hand, PIL creates ample opportunities for comparative legal analysis, supplying researchers with "primary material" of real life situations from various legal systems.

THE CONCEPT OF A SELF-REGULATORY ORGANIZATION AND ITS PLACE IN THE SYSTEM OF NON-PROFIT LEGAL ENTITIES

Page:43-49

DOI: 10.21777/2587-9472-2022-3-43-49

Annotation: In modern civil turnover non-profit organizations have a number of important functions, including solving problems that the state system cannot cope with. In this regard one of the main trends of the institution of legal entities in Russian Federation is the transfer of non-profit organizations’ activities from the scope of private law regulation to the sphere of public law. At the same time most of the self-regulatory organizations are created and function precisely as non-profit legal entities. The article describes the features of the concept of self-regulation and selfregulating organization, its main features and functions as a non-profit corporate legal entity. The research uses general scientific, formal and logical methods of cognition. The author comes to the conclusion that self-regulation institution has an inter-branch legal nature being an element of the method of public relation regulation in civil law and also functions within certain public legal boundaries. The legal definition of a self-regulating organization makes it possible to consider it as a non-profit legal entity with the main characteristics of a corporation.

THE MAIN PROPRIETARY METHODS OF PROTECTING CIVIL RIGHTS

Page:50-57

DOI: 10.21777/2587-9472-2022-3-50-57

Annotation: The relevance of this article is due to the lack of unity of approaches in the scientific doctrine in relation to proprietary methods of protection. The imperfection of the current legislation and law enforcement practice necessitates a new scientific understanding of the civil law categories of property law. In this regard, this article presents the author’s view on the resolution of theoretical problems related to the stated topic. The subject of the research is normative legal acts, law enforcement practice and scientific concepts related to the main proprietary legal methods of protecting civil rights. The aim is to form an integrated approach to the understanding of property law methods of protection. The research methodology involves the use of both general scientific (analysis, classification, analogy) and private scientific methods of cognition (system-structural, method of interpretation, modeling). The article gives a procedural description of the two main proprietary legal methods of protection – vindication and negatory claims, including by analyzing the elements of these claims. The conclusions relate to the need to form a unified legislative concept on proprietary methods of protection, to determine the legal nature of the requirement to release property from arrest, as well as the conditions for the effectiveness of the use of various proprietary methods of protection.