Journal headings
"Legal sciences"

Constitutional and municipal lawCivil, business and contract lawCriminal law and criminalisticsLegal aspects of classification and standardizationRostrum of the young scientistCustoms and financial lawIssues of theory and history of lawContent, problems and trends in the development of public lawRelevant issues of private lawRelevant aspects of criminal law, criminal proceedings and criminalisticsLegal proceedings. Prosecutorial and human rights activitiesAll rubrics

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PROBLEMS OF DETERMINING THE COMPETENCE OF LOCAL SELF-GOVERNMENT BODIES

Page:12-17

Release: 2022-3 (34)

DOI: 10.21777/2587-9472-2022-3-12-17

Annotation: The article analyzes the concept of competence of local self-government bodies. The author considers the transformation of this category in the conditions of reforming the institution of local self-government. A comparative analysis of certain provisions of the current Federal Law “On the general principles of the organization of local self-government in the Russian Federation” from October 6, 2003, and the draft law “On the general principles of the organization of local self-government in the unified system of public authority” submitted to the State Duma is carried out. The problems of defining issues of local importance at different stages of the development of legislation on local self-government are considered. Questions are raised about the need for a clear consolidation of the competence of local self-government bodies in order to optimally organize the activities of the entire state apparatus. The conclusion is made about the systemic transformation of local self-government in the Russian Federation, affecting both the territorial organization of local self-government and the procedure for determining the competence of local self-government bodies. The methodological basis of the presented work was: the comparative legal method; formal-legal method; general scientific methods of cognition.

TRANSFORMATION OF DOMESTIC CONSTITUTIONAL LAW: THE POLITICAL SYSTEM OF THE SOVIET UNION AND THE RUSSIAN FEDERATION

Page:13-18

Release: 2022-2 (32)

DOI: 10.21777/2587-9472-2022-2-13-18

Annotation: The article describes the political relations arising during the transition from the Soviet (socialist) to the Russian (democratic) system based on the 1977 USSR Constitution and 1993 RF Constitution. Structural and functional changes in constitutional law in our country led to the fact that the “political space” began to be actively used to commit anti-state actions, in particular, for the spread of Western ideologies and morality. A comparative analysis of the historical and current state of the political system in Russia is provided in the scientific article, as well the formative and meaningful signs of the evolution of the constitutional mechanism are outlined. The author analyzed the constitutional practice on the issue under consideration: the main components of the transformed political system of the Soviet Union and the Russian Federation (sources of power, the head of state, the highest legislative, executive and judicial power, federal structure) are considered, similar (hereditary) features and characteristics of each of them are identified.

EVOLUTION OF SELF-REGULATION INSTITUTION IN RUSSIA

Page:16-22

Release: 2022-2.1 (33)

DOI: 10.21777/2587-9472-2022-2.1-16-22

Annotation: An active development of regulation of economic and legal features of many industry activities occurs at the present, and the activities of self-regulatory organizations are becoming increasingly important. In modern conditions it is not the state that is responsible for the poor-quality work of most firms but self-regulatory organizations endowed with some control and supervisory functions. In this regard study of forming and development of self-regulating organizations in Russia has particular value in rapidly changing market conditions since it allows us to identify the prerequisites for the forming of self-regulation institution, its origin, specificities of action at present as well as to predict its further development. The article discusses the main milestones of the origin and development of self-regulating organizations institution in Russia from ancient times to the present, the main stages of its legal consolidation and regulation. The research uses general scientific, formal and logical methods of cognition. The author comes to the conclusion that analyzed institution has a centuries-old history; the main stages of its genesis are determined by the socio-political conditions of the development of the state.

THE MAIN TRENDS IN THE DEVELOPMENT OF THE BANKING SYSTEM OF THE RUSSIAN FEDERATION AT THE PRESENT STAGE

Page:17-22

Release: 2022-1 (31)

DOI: 10.21777/2587-9472-2022-1-17-22

Annotation: The paper describes the peculiarities of the Russian banking system and analyzes the legislation on the banking system and ways of its possible improvement. The paper analyzes the evolution of legislation on the domestic banking system, constitutional norms on the banking system and the functions of the Central Bank of the Russian Federation, analyzes the concept of “federal bank”, features of the Russian banking system structure at the present stage. The process of recreating commercial banks in the USSR in the late 1980s is analyzed, the content of the norms of the current Constitution of the Russian Federation of December 12, 1993, affecting the legal status of the Bank of Russia, as well as the jurisdiction of the Russian Federation in matters of legal regulation of banking activities. The author concluded that there is a legal conflict between paragraph “g” of Art. 71 of the Constitution of the Russian Federation and the provisions of the Federal Law of 02.12.1990 No. 395-1 “On Banks and Banking”. Thus, a variant of its elimination was proposed by enshrining the definitions of the concept of “federal bank”, which is referred to in Art. 71 of the Constitution of the Russian Federation in the current legislation. Attempts to develop proposals for further improvement of the legislation on the banking system of the Russian Federation are undertaken in the paper.

THE FORM OF THE RUSSIAN STATE: NEW FACETS IN THE CONTEXT OF CONSTITUTIONAL REFORM

Page:18-23

Release: 2022-3 (34)

DOI: 10.21777/2587-9472-2022-3-18-23

Annotation: The political system is a multi-faceted category that has, among other things, a constitutional and legal dimension, due to which constitutional reforms, constitutional transformations, as a rule, generate changes in the political system. The constitutional reform in the Russian Federation in 2020 was no exception, in the course of the reform, all the components of the form of the Russian state have undergone changes. In the history of the Russian state changes in the political system have taken place more than once. Using traditional methodological tools, the article substantiates the conclusion that large-scale textual changes to the Constitution of the Russian Federation did not, however, lead to a radical transformation of the political system in general and the Russian state in particular, which had developed by the beginning of the reform. The main thing in understanding the political and legal essence of the state is not the constitutional consolidation of certain characteristics of the state, but the real mechanisms of power, the interaction of the state with society, citizens.