Journal headings
"Legal sciences"
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Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-23-35
Keywords: political and legal knowledge, spiritual and moral values, civilizational development of Russia, reliability and completeness of the system of political and legal knowledge, wholesome state, cultural and historical features, sovereignty, national identity
Annotation: The purpose of the study is to assess the place of political and legal knowledge in the modern development of the state and law, to determine the role of its moral foundations, reliability and completeness as conditions for the civi- lizational self-identification of Russia. Using general scientific methods of generalization and analogy, such special legal methods as formal legal, historical and legal, comparative legal, the main components of Russian political and legal knowledge are compared with the political and legal approaches of the West. The need to overcome the established stereotypes of social universalism, economic determinism and secularism inherited from the era of the Great Revolutions in the domestic political and legal knowledge is argued. The struggle for Russian scientific sovereignty should be based on overcoming Eurocentrism as a worldview basis for the humiliation of national self- consciousness and deformations of Russian civilizational development. The reinterpretation of Russian political and legal knowledge involves considering the Soviet Union as an experienced political and legal model of the state of justice and social equality. The conclusion that any constitution is built on the value priorities of society is substanti- ated. The civilizational spiritual and moral features of Russia are incompatible with the worldview principles of the West. Modern Russian political and legal knowledge reflects the results of the cultural and historical development of the multinational people of the Russian Federation and the archetypes inherent in it that have developed over many generations as prototypes of state and legal forms, society’s ideas about justice and the role of law. Political and legal knowledge can be fruitful and effective only if it is harmoniously based on the cultural and historical experience of the people, if it overcomes the moral neutrality of knowledge itself and the practice of statecraft that grows out of it, and if it accepts knowledge of traditional spiritual and moral values as a tuning fork. In the text of the article, the Russian Federation is abbreviated as RF.
ON THE ISSUE OF THE FEATURES OF INTERNATIONAL AND DOMESTIC LAW AS INDEPENDENT LEGAL SYSTEMS
Release: 2024-4 (44)
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.
TRANSFER OF THE RESPONSIBILITY TO PAY CONTRIBUTIONS FOR CAPITAL REPAIRS OF APARTMENT BUILDINGS
Release: 2024-1 (41)
DOI: 10.21777/2587-9472-2024-1-26-31
Keywords: apartment building, major repairs, contributions, burden of maintenance
Annotation: The lack of legislative regulation of the issue of the legitimacy of imposing obligations to pay a contribution for major repairs not only on the owner of residential premises, but also on other persons to whom it is provided on the basis of property and obligations rights is indicated. Contradictory approaches of judicial practice to resolving these disputes are demonstrated. In some cases, courts consider it impossible to transfer such an obligation (for example, in relation to family members of the owner of a residential premises), in others they justify a positive answer to this question by reference to the nature of the emerging right (for example, in relation to holders of the right of operational manage- ment). In disputes related to the transfer of residential premises on the basis of a contract, the idea is formulated about the exclusive nature of the owner’s obligation to pay a contribution for major repairs and the impossibility of its transfer within the framework of contractual relations. It is concluded that in order to resolve the contradictions that have arisen, it is necessary to develop a unified position on the possibility of transferring to third parties the burden of maintaining not only residential premises, but also the common property of an apartment building.
RUSSIA AS THE SUCCESSOR OF THE USSR IN THE FIGHT AGAINST FASCISM: CONSTITUTIONAL AND EXISTENTIAL DETERMINANTS
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-28-35
Keywords: fascism, constitutionalism, existential approach, anti-fascism, succession of the USSR, ideals of ancestors, social solidarity
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.
IMPACT OF LEGAL EDUCATION ON THE PROTECTION OF CONSTITUTIONAL RIGHTS OF CITIZENS
Release: 2024-4 (44)
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.