Journal headings
"Legal sciences"

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.

Annotation: The relevance of the article is due to the lack of uniform ideas about the pension provision model corresponding to modern realities. Russia is facing the same problems in the pension sector as all economically developed countries. The completed demographic transition has led to a qualitative transformation of the age structure of the population, a significant increase in the number of elderly citizens combined with a decrease in the proportion of able-bodied citizens. The model of the pension system of our country, which has retained the features of the Soviet distribution system, requires a conceptual revision today. The author’s view on the resolution of theoretical problems is presented, conclusions are formulated about the vector of development of pension provision, the subject of the study is domestic and foreign scientific research devoted to the prospects of the pension provision model. The purpose of the study is related to the development of an up-to-date vision of the pension provision model. The conclusions stated concern the need to develop a new social contract of generations that can set the vector of development of the pension provision model for the future decades, ensuring the predictability of state social policy and, as a consequence, the prevention of social conflicts.

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.

Annotation: International norms contain a ban on the development, production and use of various types of weapons of mass destruction. The intensive development of new technologies suggests the possibility of creating super-new types of weapons, such as bacteriological and genetic weapons as its variety. The purpose of the study is to determine the relevance of fixing a ban on the development, production, use and storage of genetic weapons by separate legal norms (international, regional, national). The authors studied the possibilities of modern genomic research (the experience of the Russian Federation and the United States in this area were considered separately), analyzed the potential use of bacteriological weapons, characterizes bioterrorism, and determines ways to combat this crime using the funds of international organizations. During the study formal-legal, comparative-legal research methods were used. On the basis of scientific analysis the conclusion has been made that there are threats to the development, production and use of genetic (ethnic) weapons, since they are of a closed nature, but at the present time there is no possibility of creating this type of weapon. It has been summarized that the inexpediency of adopting separate legal norms prohibiting the development, production, use and storage of genetic weapons.

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.