Release: 2024-4 (44)

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DOI: 10.21777/2587-9472-2024-4-7-13
Keywords: family law, marital and family relations, common law, church marriage, Domostroy, regulation of marital and family relations, the place of a woman in the family
Annotation: The article is devoted to topical issues of the forming and development of family law as an independent branch of Russian law. The authors consider the period of the IX–XVIII centuries in the context of the forming of family norms. The relevance of this topic is due to the importance of the family as a fundamental social institution. Much attention is currently being paid to the preservation of the traditional family values of our state. The effective operation of legal norms in this area guarantees the protection of the interests of members of each individual family. Therefore, the purpose of the authors of this article is: to identify the main directions of the development of marital and family relations in this period; to show how the basic norms and institutions that formed domestic family law were formed throughout the history of Russia; to analyze how the studied historical stage influenced the development of Russian family law. During of the study, historical, comparative legal, and formal legal methods were applied. The authors conclude about the natural development of marital and family relations in this period, about the role of the studied norma- tive legal acts in the forming of family law in Russia.
FACTORS INFLUENCING THE LEGAL CONSCIOUSNESS OF A MEDICAL WORKER IN MATTERS OF RESPONSIBILITY FOR AN UNFAVORABLE OUTCOME
DOI: 10.21777/2587-9472-2024-4-14-19
Keywords: medical worker, legal consciousness, information, bioethics, responsibility, adverse outcome, legal culture
Annotation: The article examines the prerequisites for the forming of professional legal awareness of medical workers and doctors, in particular, as legally significant entities making decisions that affect the life and health of patients. The author draws attention to the general trends in the forming of legal awareness in Russia, in particular, such trends among young people and young people in universities. The researcher critically evaluates the results of the study of the educational process in relation to schoolchildren and applicants, pointing out the dubiousness of the indicators of knowledge growth, since the level of the required material and its depth are not taken into account, the narrow focus of preparation for admission to the university only in the assigned subjects and the lack of figures reflecting the general education of applicants are not taken into account. The issue is raised that all these trends and factors, in a particular case, affect the level of legal awareness and legal culture: both in society as a whole and in professional communities, in particular. Having such a basis, the professional con- sciousness of a medical worker is undoubtedly distorted. A system of medical bioethics measures is proposed by the author to influence the doctor’s professional legal consciousness.
THE DIGITAL RUBLE AS AN OBJECT OF LEGAL REGULATION IN THE RUSSIAN FEDERATION: THE CONCEPT AND PROSPECTS OF APPLICATION
DOI: 10.21777/2587-9472-2024-4-20-24
Keywords: digital ruble, digital currency, currency of the Russian Federation, non-cash funds, cryptocurrency, Central Bank of the Russian Federation, settlements, Civil Code, objects of civil rights, property, property rights
Annotation: This article is devoted to the analysis of the concept of the "digital ruble" as an object of public relations regu- lated by the norms of civil, banking and currency legislation of the Russian Federation. The article examines the views of Russian legal scholars on the essence of the digital ruble, the place of the digital ruble in the system of objects of civil rights, and the specifics of calculations using the digital ruble. The conclusion is made about the duality of the legal nature of the digital ruble, which combines the following features: 1) an object of civil rights; 2) the form of the currency of the Russian Federation used for settlements in accordance with the procedure and on the terms provided for by the norms of domestic banking and currency legislation, as well as legislation on the national payment system of Russia. The expediency of legislating the definition of the "digital ruble" in the Federal Law "On Currency Regulation and Currency Control", as well as further improving legislation on the domestic digital currency and the sphere of its use, is emphasized.
ON THE ISSUE OF THE FEATURES OF INTERNATIONAL AND DOMESTIC LAW AS INDEPENDENT LEGAL SYSTEMS
DOI: 10.21777/2587-9472-2024-4-25-31
Keywords: International law, domestic law, comparative legal analysis, features, subject of international law, subjects of international law, sources of international law, principles of international law, legal system
Annotation: The article describes the features of international and domestic law as independent legal systems. The author studies the constructive features of both legal systems and proves the independence of two legal phenomena: the legal system of international law and the domestic (national) legal system. The author proposes a system of ten criteria by which it is possible to conduct a comparative analysis and differentiate international and national law. The article emphasizes the significant substantive and functional consistency of both variants of legal systems, which ensures the effective development of both national and international law. The comparative legal method in its functional version became the main one for the preparation of the article. Based on the results of the study, the author states that there are significant constructive differences between national and international law, which allow us to speak about their independence. At the same time, the study demonstrates that they are also characterized by substantive and functional consistency.
IMPACT OF LEGAL EDUCATION ON THE PROTECTION OF CONSTITUTIONAL RIGHTS OF CITIZENS
DOI: 10.21777/2587-9472-2024-4-32-37
Keywords: Legal education, Constitutional rights, Civil society, Legal culture, Legal literacy, Legal education, Constitu- tional legal awareness
Annotation: The article analyzes the impact of legal education on the protection of constitutional rights of citizens. The article examines the main factors contributing to the growth of legal literacy of the population and effective defense of constitutional rights by citizens. The author analyzes the correlation between the level of legal culture of citizens and their ability to protect their rights. The problem of the insufficient level of education of the population in mod- ern society comes to the fore, especially when forming a development strategy. The importance of legal education as a tool for improving legal culture creates the need to analyze the current state of society. The relevance of the research topic is due to the identification of the degree of influence and effectiveness of legal education on the protection of constitutional rights. In the context of the article the relationship between the level of legal culture and the actions of citizens in accordance with the algorithm of realization and protection of their rights is inves- tigated. It is important to note that the given examples demonstrate how the increasing level of legal awareness affects the quality of life of society. The above statistical data allow us to identify trends in the legal interest of citizens and assess the dynamics of their involvement in the protection of their legitimate interests. A process of integration of modern technologies into the process of legal information of the population is observed. The study of the results of the work of the Constitutional Court for a certain period of time allowed us to verify the close relationship between the processes of legal education and the level of observance of constitutional rights of citizens.
SAVINGS OF THE MANAGING ORGANIZATION WHEN CARRYING OUT ACTIVITIES ON THE MANAGEMENT OF APARTMENT BUILDINGS
DOI: 10.21777/2587-9472-2024-4-38-44
Keywords: managing company, savings, contractor savings, apartment building, management agreement, abuse of rights, work and services
Annotation: Two approaches that have been formed in judicial practice on the issue of the right of the managing company to save when implementing activities on the management of apartment buildings are distin- guished. Their polarity is noted: the first is based on the need to apply the norms of civil legislation and the understanding of the contractor’s savings developed by judicial practice, the second – on the special nature of management relations, which requires the forming of a special approach to resolving disputes on the savings of managing organizations. Arguments are given against the mechanical use of the rules on the contractor’s savings to the savings of managing organizations. Negative trends as- sociated with the possible abuse of rights by managing companies in resolving disputes based on the second approach are demonstrated. The conclusion is made about the need to find a balance between the existing polar points of view, which, on the one hand, would not lead to possible abuses on the part of managing companies, and, on the other hand, would not deprive managing companies of the opportunity to justify the existence of savings. In the text of the article, the Russian Federation is abbreviated as RF.
INFLUENCE OF FAMILY ON THE REALIZATION OF ELECTORAL RIGHTS OF CITIZENS IN RUSSIA
DOI: 10.21777/2587-9472-2024-4-45-50
Keywords: family, candidate’s image, election campaign, active and passive suffrage, candidate’s marital status, elections, community of views and interests of the family
Annotation: The article describes the issues of the importance of family in the aspect of the implementation of active and passive electoral rights. The purpose of the article is to highlight the influence of the family and family status of the candidate on the forming of his image, taking into account the family when filing an application for consent to run, the use of family nomination as one of the election technologies, family values as a necessary component for the forming of political party programs, as well as taking into account family traditions to combat youth absenteeism in the electoral process. As an improvement of the legal regulation of the process of nominating a candidate for elections, it seems necessary to supplement the application for consent to run with information about the presence of a spouse and minor children of the candidate. The methods of the study are formal logic, historical analysis and a systems approach. The article concludes that the family and family values significantly influence all participants in the electoral process from election organizers and candidates to voters.
PRODUCTION AND CONSUMPTION WASTE AS AN OBJECT OF ENVIRONMENTAL AND CIVIL LEGAL RELATIONS
DOI: 10.21777/2587-9472-2024-4-51-58
Keywords: Civil Code; production and consumption waste; ownership; disposal; burial; legal relationship; environmental legislation
Annotation: The object of the study is social relations arising in the field of waste management of production and consump- tion as objects of environmental and civil relations. The purpose of the article is to investigate and clarify the scope of the norms of environmental and civil legislation in relation to the field of waste management of produc- tion and consumption. During the research, the dialectical method of scientific cognition was used, as well as a number of private scientific methods: logical, system analysis, etc. The authors of the article consider the issues of ownership of production and consumption waste, as well as contracts in force in the field of waste manage- ment; analyze the norms of environmental and civil law governing such relations. In practical terms, the problem of the obligation to conclude a contract for the provision of solid municipal waste management services with a regional operator is investigated. The absence of negative legal consequences for owners of non-residential premises who evade the conclusion of such a contract has been revealed, and liability measures are proposed to correct this situation. The analysis of the reasons for the inefficiency of environmental legislation in the field of handling certain categories of waste is carried out, recommendations are made on making a number of changes to environmental legislation. In the text of the article, the Russian Federation is abbreviated as RF.
FALSE TESTIMONY BY WITNESSES AND VICTIMS AS A MEANS OF COUNTERING THE INVESTIGATION OF CRIMES BY THE INVESTIGATIVE BODIES
DOI: 10.21777/2587-9472-2024-4-59-64
Keywords: false testimony, сounteracting the investigation of crimes, witness, victim, body of inquiry, threat of murder, beatings
Annotation: The current issues related to the false testimony by witnesses and victims as the most common way to counteract the investigation of crimes are considered. The concept of “false testimony” (“perjury”) is analyzed in relation to the forms of counteraction to the investigation, the essence of false testimony through the prism of witness immunity is revealed and the related issues are identified. The typical motives of counteraction in relation to the investigation of certain crimes, the preliminary investigation of which is not necessary, are highlighted, while the psychological component of the motivation of victims and witnesses is highlighted. Using the example of a specific criminal case initiated by the body of inquiry on the grounds of Part 1 of Article 119 of the Criminal Code of the Russian Federation, the mechanism of the considered method of counteraction is revealed. In this regard, a key problem is identified related to the need to strengthen the evidence base in criminal cases, investigative bodies of inquiry. On the basis of the above, a conclusion is formulated on the directions for ensuring effective identification and overcoming opposition to investigations in cases of this kind. In the text of the article, the Russian Federation is abbreviated as RF.
FEMALE CRIMINALITY: CURRENT TRENDS
DOI: 10.21777/2587-9472-2024-4-65-71
Keywords: Female criminality, gender, masculinization of women, female violent crime, classification of crimes, general and strict regime correctional colonies for women, serious crimes, execution of punishment
Annotation: Over the past more than 10 years, there has been an annual decrease in the number of convicts serving sentences of imprisonment. Moreover, a decrease is observed in all categories of convicts, regardless of their gender and age. This is undoubtedly a positive trend, given the rather modest possibilities of correctional institutions for the correction of persons held in them. However, with a general decline in the number, criminal statistics indicate a continuing trend of an increase in the share of female crime both in the total volume of recorded crimes and in the number of convicts serving imprisonment. The authors of the article, among the social reasons for this negative phenomenon, pay attention to such a growing social and gender-psychological phenomenon as female masculinity, which increasingly affects the choice of violence by the weaker sex as a way to resolve conflicts. According to the authors, the time-tested classification of women into categories depending on the severity of the committed act and the recurrence of crimes should be restored. Thus, it will be possible not only to prevent criminal infection of women serving imprisonment for the first time (70 %), but also to contribute to the realiza- tion of such a goal of punishment as the restoration of social justice at the stage of execution of punishment. In its most general form, it can be formulated as: “Different for what has been done”. In the text of the article, the Russian Federation is abbreviated as RF.
USE OF THE EXPERT’S CATEGORICAL AND PROBABILISTIC CONCLUSIONS AS EVIDENCE BY THE COURT OF FIRST INSTANCE
DOI: 10.21777/2587-9472-2024-4-72-77
Keywords: expert opinion, expert conclusions, probabilistic conclusions, categorical conclusions, assumptions, relevance, admissibility, sufficiency, judicial practice
Annotation: The article examines aspects of research, assessment and use of expert opinions at the trial stage, which have categorical and probabilistic conclusions. The authors indicate that at various stages of criminal procedural activity, the legislator has approached the use of probabilistic conclusions in judicial practice differently. The views of theorists and practitioners do not have an unambiguous approach to this issue. The case law demonstrates that probabilistic conclusions can be used in criminal evidence. However, they ac- quire evidentiary value only if the general requirements of relevance, admissibility and reliability are met, as well as taking into account the special requirement of scientific validity and in conjunction with other evidence. The point of view on the inadmissibility of a probabilistic expert conclusion as evidence in a court verdict will remain dominant for a long time. At the same time, there will be an excessive focus on categorical judgments that do not always reflect the reality and validity of the conclusions made. It seems that in such a situation, the legislator is obliged to clearly determine the admissibility or inadmissibility of an expert’s probabilistic conclu- sion as evidence in a court verdict. In the text of the article, the Russian Federation is abbreviated as RF.
THE FORMING OF LAW ENFORCEMENT PRACTICE ON THE PROTECTION OF PERSONAL DATA
DOI: 10.21777/2587-9472-2024-4-78-82
Keywords: personal data, operator, security, data protection, personal data leakage, practice, responsibility
Annotation: Currently, the importance of regulating relations related to the processing of personal data is beyond doubt: bills are considered at the legislative level, regulations are adopted, the Federal Service for Supervision of Communica- tions, Information Technology and Mass Media systematically provides thematic explanations, and personal data operators, in turn, take the necessary measures to protect them. At the same time, in practice, difficulties arise in ensuring the necessary level of security of personal data, interpretation and application of individual provisions of the legislation in the field of personal data. The article attempts to analyze the existing judicial practice on the application of individual provisions of the Federal Law “On Personal Data”. The author concludes that law enforcement agencies should be focused on developing approaches supported by reasoned conclusions regarding the consideration of cases on bringing personal data operators to responsibility for violating relevant provisions of legislation in the field of personal data. In the text of the article, the Russian Federation is abbreviated as RF.