Journal headings
"Legal sciences"

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.

Annotation: The work is devoted to the problem of erroneous assessment by judges during the consideration of civil cases due to newly discovered circumstances. In the process of litigation, situations often arise when new circumstances appear in the course of the case, which may have a significant impact on the outcome of the claim or court decision. The issue of assessing such newly discovered circumstances is one of the key aspects of legal practice. The inclusion in the case of materials that reveal previously implicit circumstances of the case is often not regulated by the judicial procedure and completely depends on the so-called “internal conviction” of the judge. The purpose of this study is to justify the introduction of a decision-making algorithm into the procedure of civil proceedings in order to reduce the number of unjust decisions in courts of general jurisdiction. Within the framework of this approach, it is proposed to adopt at the legislative level a state program for the implementation of standards of legal proceedings and law enforcement in order to exclude the “inner conviction” factor of a judge in the process of making judicial decisions, which is, in essence, random.

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.