Release: 2023-1 (36)

2023-1 (36)
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Content:

THE GOVERNMENTAL REFORM OF 1775 AND THE CREATION OF THE BUREAUCRATIC APPARATUS OF THE RYAZAN GOVERNORATE

Page:5-11

DOI: 10.21777/2587-9472-2023-1-5-11

Annotation: The article describes the main stages of the genesis of the bureaucratic apparatus in Russia in the XVIII century. The purpose of the author is to highlight the political activities of the Russian government aimed at establishing the structure, organization and activities of local officials in the specified period on the example of the Ryazan Governorate. This topic is relevant in the context of increasing public interest in the effectiveness of the functioning of the state apparatus of Russia and its enhancement. Noteworthy are the events of Peter I and especially Catherine II, which led to the formation of officialdom at the level of governorates and uyezds. On the basis of the material of primary sources, the author considers the creation of the system of local institutions. In conclusion, it is said that the provincial reform of 1775 created the legal basis for the forming of the local bureaucratic apparatus of Russia. This conclusion, in turn, leads to further research interest in order to draw historical parallels and a comparative analysis of the bureaucratic apparatus of Russia of past eras and the present.

ON THE ISSUE OF LEGAL REGULATION OF THE DIGITAL ECONOMY

Page:12-16

DOI: 10.21777/2587-9472-2023-1-12-16

Annotation: The processes of digital transformation of branches and spheres of the domestic economy generate the need for their legal regulation. The article is aimed at a general review of the development of the domestic legislative framework in the field of legal regulation of the digital transformation of the economy. The article considers the approach of creating a legal system for the digital environment as a new branch of law. The authors presented a multi-level system of regulatory and legal framework regulating the process of digitalization of the domestic economy. A generalized characteristic of each of the indicated levels is presented. The directions for the development of legal regulation of ongoing processes, forms of manifestations of a meaningful transformation of law are indicated. A general review of the results achieved in the process of forming the legal regulation of the digital environment has been made. The results of a content analysis of the state of legal support for the digital environment allowed the authors to identify the achievements obtained and note the existing shortcomings and gaps in legislation. As a result, the problems of a legislative framework forming, which regulate the processes of digital transformation of the economy, have been established.

CONSTITUTIONAL AND LEGAL CONSOLIDATION OF TRENDS IN THE DEVELOPMENT OF RELATIONS BETWEEN THE RUSSIAN STATE AND CIVIL SOCIETY IN THE CONTEXT OF THE GLOBAL CRISIS

Page:17-23

DOI: 10.21777/2587-9472-2023-1-17-23

Annotation: The article discusses the constitutional amendments of 2020 as the beginning of a new stage in the development of relations between the Russian state and civil society. The approach is based on the constitutional consolidation of such key priorities as social partnership, economic, political and social solidarity, state support for civil society institutions. The aim of this article is to identify and analyze the main trends that have received constitutional legitimation that determine the relationship between the state and civil society in the context of the global crisis and comprehensive pressure on the Russian Federation and the mechanisms for their implementation. According to the author, the constitutional novel not only specifies the parameters of the social state and reflects the interest of the state in the development of civil society but also consolidates a new model of relations with civil society. At the same time, the state assumes responsibility for increasing the activity and initiative of civil society, its involvement in solving state problems. The author comes to the conclusion about the constitutional consolidation of the dual concept of the social state responsible for social partnership in a broad sense. As a result, the importance of the category of mutual legal obligation of the authorities and society in creating partnerships is substantiated.

SABOTAGE IN MODERN RUSSIA AS A FACTOR AFFECTING THE SECURITY OF THE STATE

Page:24-29

DOI: 10.21777/2587-9472-2023-1-24-29

Annotation: Currently, there is a need to formulate a definition of such an important multidimensional phenomenon in legal science as “sabotage”, taking into account the changes introduced today in the meaning of this concept, as well as the actual differentiation and legal regulation of the elements of crimes listed in Article 281 of the Criminal Code of the Russian Federation, which provides for responsibility for committing sabotage and in Article 285.4 of the Criminal Code of the Russian Federation, which provides for liability for abuse of official powers in the execution of a state defense order, which is fundamentally important for the correct qualification of individual criminal acts, which expresses the relevance of this topic, determined, in particular, by the special military operation currently underway. The authors analyze the historical prerequisites for the emergence of the concept under consideration, analyze the points of view that have developed in legal science and international legislation, and point out the need to implement the concept of sabotage in the Criminal Code of the Russian Federation, taking into account the present day realities. Certain legal aspects of this type of crime and their legal characteristics are considered. The authors formulate a proposal to introduce the concept of “sabotage” into the Criminal Code of the Russian Federation as a qualifying sign of individual criminal acts.

RELEVANT PROBLEMS OF INTERROGATION AND CONFRONTATION BY USING VIDEOCONFERENCING SYSTEMS IN PRE-TRIAL PROCEEDINGS

Page:30-34

DOI: 10.21777/2587-9472-2023-1-30-34

Annotation: The introduction of Article 189.1 of the Criminal Procedure Code of the Russian Federation caused certain difficulties in conducting preliminary investigations, both from a procedural and tactical point of view. The article discusses problematic issues, the possibilities and expediency of conducting an initial interrogation and confrontation by using videoconferencing systems. The article analyzes the possible risks of losing the evidentiary value of testimony obtained during remote interrogation, as well as a possible increase in document flow, an increase in the number of subjects of investigation and a possible increase in the staff of internal affairs bodies. Attention is drawn to the lack of consensus among modern lawyers regarding the effectiveness of interrogation and confrontation through the use of videoconferencing. Special attention is paid to the organization and tactics of investigative actions through the use of videoconferencing with the participation of persons located in different time zones. According to the results of the study, it is proposed to make amendments to Article 189.1 of the Code of Criminal Procedure of the Russian Federation.

ON THE ISSUE OF THE ESSENCE OF A CIVIL CONTRACT AND CONTRACT LAW

Page:35-42

DOI: 10.21777/2587-9472-2023-1-35-42

Annotation: The article is devoted to the analysis of the essence of a civil contract as the main legal fact that generates property relations, as well as the place of contract law in the Russian legal system. The article considers the emergence of legal norms on contracts in domestic law, their evolution, the types of contracts provided for by the norms of Russian law at various stages of its development (Russkaya Pravda, Codes of Laws, the Code of Laws of the Russian Empire, the civil legislation of the USSR), as well as the place of the contract in the system of legal facts that generate, modify and terminate civil legal relations on at the present stage of development of domestic law. The views of legal scholars on the role and place of contracts in the system of legal facts are analyzed, a comparative characteristic of a civil law contract and other types of contracts, the conclusion of which is provided for by legal norms, is presented. The conclusion is made about the correlation of the concepts of “civil law” and “contract law” at the present stage of development of the Russian legal system.

AFFECT AS A CRIMINAL LEGAL CATEGORY

Page:43-48

DOI: 10.21777/2587-9472-2023-1-43-48

Annotation: The aim of the article is the need to conduct a study of affect as a criminal legal category, which is associated with problems in law enforcement practice in the qualification of privileged compositions of murders and causing serious harm to health in the heat of passion. The problems of determining affect lead to errors in the qualification of crimes. The solution of the research tasks predetermined the complex of research methods and the essence of the phenomenon under study. Such a set of methods includes the dialectical method of cognition, the method of analysis and synthesis, a systematic approach that contribute to a comprehensive and substantive study of the issues raised. The scientific novelty of the study is that based on the analysis of the provisions of criminal legislation, as well as the opinions of scientists, a proposal is made to understand affect as a special emotional state of the subject, as well as to consolidate a clearer concept in the disposition of Article 107 of the Criminal Code of the Russian Federation. The scientific and practical significance of the provisions of the article is as a methodological basis for the development and implementation of ways to solve problems that are associated with responsibility for crimes committed in a state of passion.

PROBLEMS OF QUALIFYING THE COMPOSITION OF THE ADMINISTRATIVE OFFENSE PROVIDED FOR PART 1 ARTICLE 20.1 OF THE CODE OF ADMINISTRATIVE OFFENSES OF THE RUSSIAN FEDERATION

Page:49-55

DOI: 10.21777/2587-9472-2023-1-49-55

Annotation: The article deals with the problems of bringing to administrative responsibility for committing petty hooliganism, provided for in Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation. Taking into account the variety of forms of manifestation of petty hooliganism, the problems associated with the presence of many evaluative concepts as part of this administrative offense are revealed. It is noted that currently the concept and content of “obscene language” is not formulated in the legislation, there is no definition of a public place, which allows the law enforcement officer to determine whether the composition of this offense is present in the acts of persons independently, at his own discretion and convictions. The study also revealed other problems associated with this administrative offense, for example, such as the lack of a differentiated approach to sentencing. The study was conducted using scientific sources, judicial practice, as well as the draft Code of Administrative Offenses of the Russian Federation. Based on the analysis, recommendations are made aimed at improving the qualification of the composition of an administrative offense provided for in Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation