Release: 2023-4 (40)
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DOI: 10.21777/2587-9472-2023-4-5-10
Keywords: legal consciousness, legal psychology, legal ideology, legal values, legal culture
Annotation: The purpose of the study is to consider the key foundations of jurisprudence, namely the elements of its structure, taking into account the changed geopolitical, internal political, civilizational and ideological and value conditions for the development of the modern Russian state and law. It is based on the understanding of legal consciousness, which has been developed in Soviet jurisprudence and become classical, as a certain set of ideas and feelings expressing the attitude of people, social communities (nations, people) to the current and desired law. Approaches to the structure of legal consciousness are analyzed, as a result of which prospects for the further development of the doctrine of legal consciousness and the heuristic potential of this complex socio-legal phenomenon are established. The author concludes that for modern Russia it is critically important to comprehensively take into account the sociocultural and theological conditions (factors) as well as legal mentality for the development of legal consciousness. These factors contributed to the forming of a unique legal consciousness of the conciliar Russian society, which in modern conditions nullifies all attempts to “instill” Western models of civil society and the rule of law into the domestic society.
ON THE RIGHT OF PEOPLES TO PEACE IN THE CONTEXT OF THE CRISIS OF INTERNATIONAL LAW. Article two
DOI: 10.21777/2587-9472-2023-4-11-17
Keywords: state, international law, traditional values, Russia, West
Annotation: When analyzing the right of peoples to peace, the issues of continuity of ideas and principles of Roman public law, the reflection of this continuity in the processes of transformation of international law are considered. The significance of such threats to the right of peoples to peace as the paralysis of the usual international legal forms, the planetary scale of the struggle of value priorities, the aggravation of the civilizational confrontation of peoples is argued. In international law there is a real war of meanings. The crisis of international law does not mean a simple failure to comply with its norms, it is expressed in the deformation of the meanings of the previously properly working international legal mutual obligations of states, leading international law into a state of prostration. States and societies based on their original traditional spiritual, moral and religious values are taking the leading positions. It is substantiated that in the new conditions the right of peoples to peace can be realized only on the principles of a multipolar world order.
LIMITS ON THE PERMISSIBILITY OF DISCLOSURE MEDICAL CONFIDENTIALITY
DOI: 10.21777/2587-9472-2023-4-18-24
Keywords: institution of medical secrecy, confidential information, admissibility of disclosure, patient, health care professional
Annotation: The aim of the study is to highlight the problems related to the legal understanding and enforcement of the norms of the institute of medical confidentiality and the limits of admissibility of disclosure of confidential information. The article considers the legal provisions establishing the grounds for disclosure of private information received from patients. The reasons and conditions of contradictions between legal, deontological and ethical components of the current regime of medical secrecy are revealed, which may not only compete with each other, but even mutually exclude each other, as ethically justified confidentiality of medical data on morbidity and treatment of patients may contain a real threat to public and sanitary-epidemiological safety of people who are in ignorance. The issues on the expediency of maintaining a ban on disclosure of confidential medical information of socially significant and state interest are raised. The methodological basis was formed by formal-legal, comparative-legal, legal-technical methods, as well as general scientific methods of cognition. The conclusion is made about the need for further doctrinal and legal development of the institute of medical secrecy, the development of the legal regime of its operation, as well as the improvement on this basis of legislation concerning the limits of admissibility of disclosure of medical secrecy.
COMMUNITY OF COMMON DESTINY FOR MANKIND IN THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA
DOI: 10.21777/2587-9472-2023-4-25-29
Keywords: constitutional law, community of the common destiny of mankind, Communist Party of the People’s Republic of China, common values
Annotation: The concept of a community with a shared destiny for mankind is rooted in the communal thought of the classics of Marxism, and also contains the idea of great harmony of peace in the 5.000-year-old traditional culture of China. The Chinese communists’ relentless pursuit of a community of common destiny for mankind is the internal driving force behind transforming this concept into a constitutional norm. The concept of a community with a shared future for mankind is a set of values that are the legacy and the development of the foreign policy of the Five Principles of Peaceful Coexistence enshrined in the Constitution of the People’s Republic of China. The content of the community of a common destiny for mankind, enshrined in the Constitution of the People’s Republic of China, imposes on the state the obligations and powers to implement the concept of a community of a shared future for mankind. The article reveals how the concept of a community of a common destiny for mankind became part of the Constitution of the People’s Republic of China, what historical documents preceded the constitutional consolidation of this postulate, as well as the significance of this concept for the well-being of the Chinese people, as well as for human progress in general.
HOUSE ARREST: THE CONCEPT AND LEGAL NATURE
DOI: 10.21777/2587-9472-2023-4-30-35
Keywords: criminal process, house arrest, preventive measures, legal nature, criminal procedure relations
Annotation: The return of house arrest to the sphere of criminal procedural activity caused a surge of interest in this measure of restraint on the part of not only law enforcement officers, but also scientists. According to the developers of the Criminal Procedure Code of the Russian Federation, house arrest was conceived as a reasonable alternative to detention: the legal restrictions inherent in it allow achieving similar goals, while, on the one hand, implementing the principle of economy of repression, on the other hand, spending significantly less material and financial costs, rationally using human resources. At the initial stage of application, house arrest was not alien to shortcomings and gaps both in the legal regulation of this measure of procedural coercion (11 amendments and additions were made to Article 107 of the Criminal Procedure Code of the Russian Federation) and repeated attempts by scientists to understand its legal nature more deeply. The authors of this work present their vision of the essence of the considered procedural institution from the standpoint of the theory of law.
THE INFLUENCE OF REGULATIONS ON THE DEVELOPMENT OF LABOR INSTITUTIONS IN THE URALS IN 1935–1940. ATLYAN PENAL COLONY
DOI: 10.21777/2587-9472-2023-4-36-41
Keywords: resolution, correctional labor institutions, labor colony, pupils, minors, educational process
Annotation: Тhis article examines the period of forming and functioning of such correctional institution, as Atlyan labor colony, from the moment of organization to the moment of reorganization. Based on the normative acts presented in chronological order and archival materials launched into scientific circulation for the first time, the author comes to the conclusion that the Atlyan labor colony for minors, since its establishment in 1935 and until 1940, was a place for re-education and training of pupils. It can be stated that in the first half of the 1930s, in certain institutions, with the active assistance of employees working in labor colonies, a differentiated approach to education was introduced. A very significant and effective means of correcting teenage delinquents was patronage (mentoring) from masters – specialists who captivated children with their skills. Thus, the author points to the positive achievements of individual labor colonies in the re-education of juvenile offenders in the early 1930–1940s.
CHINA’S ANTI-CORRUPTION CRIMINAL LEGAL NORMS AND INTERNATIONAL COOPERATION
DOI: 10.21777/2587-9472-2023-4-42-48
Keywords: anti-corruption, UN Convention against Corruption, bribery, international return of fugitive criminals
Annotation: China’s anti-corruption efforts in recent years have been unprecedented. A large number of corrupt individuals have been brought to disciplinary and even criminal responsibility. In 2003, the Chinese Government signed the UN Convention against Corruption, and in 2005, China ratified its accession to the Convention. After the accession, China has begun a series of amendments and improvements to anti-corruption norms. The anti-corruption accusations of Chinese criminal law are characterized by the fact that state officials are the core of the subjects of corruption-related offenses; physical entities and legal entities as subjects also co-exist there; and high pressure is maintained on corruption offenses. In addition to making the necessary changes to national legislation, China has taken appropriate steps to position itself internationally as a country that does not tolerate corrupt behavior by officials. In order to punish and prevent corrupt behaviors, strengthening international cooperation against corruption has become an inevitable choice for China.
SOME ISSUES OF JUDGES DISCIPLINARY RESPONSIBILITY
DOI: 10.21777/2587-9472-2023-4-49-58
Keywords: responsibility of judges, disciplinary offence, principle of independence, early termination of the powers of a judge
Annotation: The article describes the issues of the need to maintain a balance between the operation of the principle of independence of judges and measures of disciplinary responsibility. Attention is paid to the need to clarify the terminology in relation to the responsibility of judges, since it is unique and due to the special status of a judge. An analysis of decisions to bring judges to disciplinary liability led to the conclusion that there is no negative impact of disciplinary liability of judges on their independence, in addition the transfer of powers from the judiciary to the bodies of the judicial community provides a basic guarantee against unjustified prosecution and respect for the principle of judicial independence. It is substantiated that not the responsibility itself, but the nature of the disciplinary offense may contradict the principle of the independence of judges. Positive dynamics in the development of legislation on disciplinary liability of judges is noted. The problem associated with determining the necessary qualities of a candidate for the position of a judge, when deciding on a recommendation as a guarantee against possible violations of the law and the Code of Judicial Ethics, is indicated.