Release: 2024-2 (42)

2024-2 (42)
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ADMISSION OF THE MOLDAVIAN PRINCIPALITY TO THE CITIZENSHIP OF THE MOSCOW KINGDOM. HISTORICAL AND LEGAL ANALYSIS

Page:7-15

DOI: 10.21777/2587-9472-2024-2-7-15

Annotation: This article analyzes the events, actions and facts in the history of Kievan Rus, part of which became the territory of the Moldavian Principality, after its formation. These events and facts became the key and the basis of the good relations of the Moldavian Principality and the Moscow Kingdom, which ended with the establishment of the citizenship of the Moscow Kingdom over the Moldavian Principality. The purpose of this study is to form a scientific historical and legal framework proving the objectivity and pattern of such a historical and legal fact. The task of the study is to analyze facts from various sources of domestic, Moldavian and Romanian authors, reflecting the activities of secular and spiritual authorities in the rapprochement of the Moldavian Principality and the Moscow Kingdom in the 17th century. In the course of the study, general scientific and special research methods were used – systemic, analysis and synthesis, logical, historical, interpretation. As a result of the study, it was proved that it was during this period of time that the first normative act in the history of bilateral relations was signed, which established the official citizenship of the Moscow Kingdom over the Moldavian Principality.

INSTITUTE OF MENTORING AS A MECHANISM FOR EDUCATION OF YOUTH OF RUSSIA

Page:16-27

DOI: 10.21777/2587-9472-2024-2-16-27

Annotation: The article outlines the problem faced by humanity in choosing between traditional values and innovations introduced by Western ideologues under the guise of somatic human rights and the role of mentoring in the spiritual revival of humanity. The aim of this article is to develop mechanisms for reforming the institution of Youth Mentoring at the present stage. The subject of the study is the justification of the theory and practice of mentoring from the perspective of the synergetic triad of the educational process: patriotic education, forming of legal consciousness, and instilling traditional universal values and moral norms. Based on the subject of the study, the following tasks were performed: the historical experience of the educational process of Russian youth, laid down by Slavic and Eastern cultures, is analyzed; the differences in the personnel potential of school teachers in Imperial and Soviet Russia are studied; the prerequisites for an imbalance in the school educational system between male and female teachers are revealed; the phenomenology of responsibility is considered through the prism of male education and the forming of legal awareness among young people; the proposals on the form- ing of the legal consciousness of the younger generation at the present stage based on the generalization of the experience of crime prevention in the “16-year Shchelkov period” are formulated; the practical importance of enhancing the human resources of the institute of Mentoring in the educational environment through the return of men to the teaching profession is substantiated; mechanisms for reforming the institute of Mentoring youth are proposed; organizational measures necessary for the implementation of the proposed mechanisms for improving the role of mentoring in practice. The theoretical framework of the conducted research is the socio-axiological approach to examining phenomena of legal reality.

RUSSIA AS THE SUCCESSOR OF THE USSR IN THE FIGHT AGAINST FASCISM: CONSTITUTIONAL AND EXISTENTIAL DETERMINANTS

Page:28-35

DOI: 10.21777/2587-9472-2024-2-28-35

Annotation: The article describes the constitutional and legal foundations of the struggle against fascism in modern Russia as the successor of the USSR. The author substantiates the need to use the definition of fascism given by Soviet scholars, taking into account their existential experience of generations who survived fascist aggression. The article provides a comparative analysis of the approach to defining the concept of fascism by Soviet authors and Western researchers, reveals the differences and reasons that prompted Western researchers to interpret this concept differently. The article substantiates the existential approach, analyzing scientific and legal concepts through the personal experience, values, and worldview of their authors. It reveals the anti-fascist orientation of the norms of the Russian Constitution, enshrining the succession of the USSR, the ideals of ancestors, belief in God, and social solidarity. The conclusion is made about the need for direct constitutional enshrinement of the fight against fascism around the world as Russia’s historical mission. The results of the article are important for the forming of modern Russian constitutionalism and state ideology.

ON THE SPIRITUAL FOUNDATIONS OF STATE SOVEREIGNTY: LEGAL UNDERSTANDING OF FREEDOM OF CONSCIENCE IN MODERN CONSTITUTIONALISM

Page:36-45

DOI: 10.21777/2587-9472-2024-2-36-45

Annotation: The purpose of the article is to analyze the necessity and regularity of the birth of the idea of a moral state through the enhancement of freedom of conscience in modern society. The legal understanding of freedom of conscience is one of the spiritual foundations of state sovereignty. The research methodology includes the methods of historical and legal analysis with an interdisciplinary approach, abstraction and mental modeling, compara- tive legal analysis, and the ascent from the abstract to the concrete. The definition of freedom of conscience and ideological foundations of a moral state is given. It is the moral and ethical foundations of the Constitution that form the socio-cultural line of development of modern civilization. On the example of specific decisions of the European Court of Human Rights, the position of the Council of Europe, it is concluded that the secularism of the European Enlightenment led to an equalization in the representation of Western public consciousness of good and evil, that in Western countries there is a forced moral neutrality of society, giving rise to immorality and permissiveness. The analysis of various aspects of the understanding of freedom of conscience as a basic value, without which the sovereignty of the modern state is impossible, is important for the further development of legal understanding, for teaching the theory of state and law and constitutional law in universities.

THE INSTITUTE OF EVIDENCE AS AN EXAMPLE OF THE INTERACTION OF LEGISLATION ON STATE CONTROL (SUPERVISION) AND LEGISLATION ON ADMINISTRATIVE OFFENSES

Page:46-54

DOI: 10.21777/2587-9472-2024-2-46-54

Annotation: The issues of applying the provisions of the Code of Administrative Offences of the Russian Federation, re- garding the use of the results of activities for the implementation of state control (supervision) and municipal control and the initiation of proceedings on an administrative offense, are increasingly becoming the subject of numerous discussions and publications. Within the framework of this article, the authors analyze individual control and supervisory measures and control and supervisory actions, through which officials of control and supervisory authorities receive and record evidence of violations of mandatory requirements in control and supervisory activities, and their subsequent possibility for use as evidence in cases of administrative offenses. It is concluded that strict compliance with the requirements of legality serves as a guarantee of recognition of the actions and decisions of officials of control and supervisory authorities as legitimate, and the results of control and supervisory measures and control and supervisory actions as appropriate evidence in the proceedings on an administrative offense.

THE CONCILIARITY OF SOCIETY AND SYMPHONY OF AUTHORITIES IN RUSSIA: TRADITIONALITY, RELEVANCE, INNOVATION

Page:55-59

DOI: 10.21777/2587-9472-2024-2-55-59

Annotation: The article is devoted to understanding the transformation of the historical concept of the symphony of powers and the religious tradition of conciliarity of society. The successful application of these concepts and traditions is predicted in the reconstruction of their essence (but not forms) as the idea of harmonious cooperation of au- thorities for the sake of the common good, as well as popular unity in the organization of modern civil society and public authority. The basis of such reconstruction is seen to be traditional values and the achievements of scientific and technological progress while ensuring a balance of private, group and common interests. The long history of interaction between society and the authorities of our state makes it possible to assess the posi- tive and negative consequences of using certain approaches in various periods of Russia’s development. It is concluded that effective modernization of public authority is possible only in alliance with civil society, relying on the spiritual, moral and state-legal traditions of Russia using the achievements of world state-legal science and practice, as well as modern technologies.

INNOVATIONS ON THE LEGAL REGULATION OF BANKING OPERATIONS IN DOMESTIC LEGISLATION

Page:60-65

DOI: 10.21777/2587-9472-2024-2-60-65

Annotation: This article is devoted to the analysis of the current state of the norms of domestic legislation on banks, the banking system of the Russian Federation and banking activities, as well as the identification of the main trends in its development. The article analyzes the amendments and additions made to the current legislation, primar- ily to the provisions of the Federal Law “On Banks and Banking Activities”, which is one of the key regulatory legal acts regulating the functioning of the Russian banking system. The article identifies the main innovations in domestic legislation on banking operations. A number of proposals is also formulated, which is aimed at clarify- ing and supplementing the conceptual apparatus used in this Law, with the aim of further improving the legal regulation of banking operations in Russia. The relevance of the study of innovations in banking legislation is beyond doubt. The explosive growth in the number of banking products offered to the public and legal entities is observed. The increasing debt burden of the population and, as a result, an increase in the total number of bankruptcy procedures for individuals forces the legislator to “hone” the basic definitions of the Law.

PROBLEMS OF LEGAL REGULATION OF AESTHETIC MEDICINE IN RUSSIA

Page:66-75

DOI: 10.21777/2587-9472-2024-2-66-75

Annotation: The purpose of the work is to investigate the regulatory framework of aesthetic medicine. The importance and role of beauty medicine in the life of a modern person are revealed, the legislative regulation of cosmetology and plastic surgery is considered, the most significant contradictions and gaps in the regulatory regulation of relations in the studied branch of medicine are identified, its key problems that require an integrated approach for their solution are identified. The medical nature of cosmetic procedures and plastic surgeries is substantiated, due to their impact on the entire human body and the impact on its health as a whole. Opinions were expressed on Draft Law No. 580179-8 “On Amendments to the Federal Law "On the Basics of Public Health Protection in the Russian Federation"” and Article 1 of the Law of the Russian Federation “On Consumer Protection”. The authors believe that the scientific doctrine of medical law is faced with the task of developing its own concept of aesthetic medicine, as well as finding new approaches to establishing legal regulation in this area. The methodo- logical basis of the research was formed by such methods of scientific research as special-legal, system-structural, logical-theoretical, comparative analysis of the study of socio-legal phenomena in their dialectical development. Proposals have been developed to improve the legal regulation of aesthetic medicine.

SOME PROBLEMS OF THE LEGAL QUALIFICATION OF THE CUSTOMER’S ACTIONS IN THE EXECUTION OF CONTRACTS CONCLUDED TO MEET PUBLIC NEEDS

Page:76-82

DOI: 10.21777/2587-9472-2024-2-76-82

Annotation: The article describes the problems of legal qualification of the actions of customers on the transfer of func- tions for the acceptance of goods supplied under a contract concluded in accordance with the legislation on the contract system in the field of procurement to meet state and municipal needs. The current situation is analyzed taking into account the current law enforcement practice. The author comes to the conclusion that there are objective prerequisites for making changes in the regulation of relations arising during procure- ment for public needs in order to streamline the practice of applying legislation on the contract system, in particular when accepting goods, works, and services. The relevance of the topic of the article is due to the need for a clear delineation of the powers and responsibilities of all participants in the execution of a state contract, both on the part of the customer and on the part of the contractor. Given the close attention of regulatory and supervisory authorities to the full and timely execution of government contracts concluded as a result of procurement procedures, it is extremely important for the customer and the contractor of the state contract to flawlessly accept goods, works or services and complete final settlements within the prescribed period.

FEATURES OF LEGAL REGULATION OF TRADE USING ELECTRONIC PLATFORMS ON THE INTERNET

Page:83-87

DOI: 10.21777/2587-9472-2024-2-83-87

Annotation: The aim of the study is to highlight the problems associated with the features of legal regulation of internet shops as information intermediaries. The article provides a comparative analysis and identifies the features and problems of legal regulation of Internet shops as information intermediaries. The issues of defining the essence of online shops and the need to expand the responsibility of operators of digital platforms for the products sup- plied through their intermediation are raised. New ways of electronic commerce have become firmly established in everyday life, changing the “behavior” of the seller of goods, the intermediary – the online store and the buyer. The rapid, “explosive” growth in the volume of trade of electronic platforms forces the legislator to take into account the social and economic importance of regulating these legal relations. The combination of new technologies for the sale, delivery and acceptance of goods with established norms of civil legislation and, in particular, the federal law “On Consumer Protection” dictates amendments to a number of legislative acts. The methodological basis of the research was formed up of general scientific methods of cognition, formal legal, comparative legal, legal and technical methods. It is concluded that it is necessary to revise the legal regulation of the sales contract, taking into account the features of e-commerce.

PROCEDURAL PROBLEMS OF CONDUCTING AN INTERROGATION THROUGH THE USE OF VIDEO CONFERENCING SYSTEMS DURING THE PRELIMINARY INVESTIGATION

Page:88-92

DOI: 10.21777/2587-9472-2024-2-88-92

Annotation: The article highlights the problematic issues of conducting such an investigative action as interrogation dur ing a preliminary investigation through the use of video conferencing systems. The issues of interrogation have always been and are an urgent topic, because it occupies a special place in the system of investigative actions and there are practically no criminal cases during which interrogations would not be carried out to obtain evi- dentiary information. The author pays attention to the issues of using video conferencing during interrogations conducted with the participation of suspects accused during the preliminary investigation. The rules for the use of remote technologies during interrogation are considered, and also a number of doubts about the possibility of observing the procedural guarantees of participants during interrogation by using video conferencing systems are expressed. The article highlights the difficulties that arise when familiarizing with the protocol of an inter- rogation conducted using a video conferencing system. The author substantiates the conclusions about the need to amend and supplement the criminal procedure law in order to eliminate the identified problems.

THE ASSAULT ON THE NORD STREAM PIPELINE: AN INTERNATIONAL CRIME OF A STATE CHARACTER. Article one

Page:93-101

DOI: 10.21777/2587-9472-2024-2-93-101

Annotation: The article analyzes the nature of the crime within the framework of scientific approaches, as a result of which pipelines laid in the Baltic Sea from the mainland of the Russian Federation to the mainland of the Federal Republic of Germany, known as Nord Stream 1 and Nord Stream 2, were violently damaged; the possibilities of determining the perpetrators of this crime are explored. The concealment of information and its “distortion” by the world media, the silence of one part of the international community and the abstention from assessing this crime by a number of permanent and non-permanent members of the UN Security Council at a meeting held on March 27, 2023, the failure of the international decision to launch the investigation process at the international level, actually show that a multi-level controlled security, intelligence and information operation in the direction of interference (physical, geographical), infrastructural interdependence, interdependence in the field of mass media, the interdependence between the crime and the perpetrators. The investigation shows that this criminal act can be classified as an international State crime, that the crime was committed by an alliance of States organized in the form of a criminal association. The results also show the intention of the perpetrator, under the auspices of the UN Security Council, to exclude the possibility of an independent “criminal investigation”, counting on the “pas- sage of time”, which may interfere with obtaining relevant evidence. Of all the above, the attack on the “Northern Stream” pipelines is a complex crime that has shown the vulnerability of the infrastructure through which goods and services are exchanged across the waters of the seas and oceans, as it does not fall under the sovereignty, which means that they are not under the direct protection of the national jurisdiction of States. The commission of these crimes may threaten not only economic security but also the sovereignty and territorial integrity of States.