Journal headings
"Legal sciences"
All rubrics
Release: 2024-4 (44)
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.
ISSUES OF LEGAL REGULATION OF THE QUALITY OF EDUCATION AND THE ORGANIZATION OF ITS ASSESSMENT AT THE PRESENT STAGE
Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-51-58
Keywords: assessment of the quality of education, legal regulation, control and supervisory measures, accreditation indica- tors, accreditation expertise, diagnostic work, expert assessment
Annotation: The article reveals the features of the modern procedure of state regulation of the quality of education in educational institutions in the Russian Federation, in particular within the framework of state accreditation for higher education programs. The article presents the author’s assessments and conclusions based on the analysis of regulatory acts, scientific publications of recent years and the understanding of the experience of expert activity. Special attention is paid to the issue of the correlation between the content of accreditation indicators for higher education, as ap- proved by the regulatory body for the education system, and the legally defined definition of the quality of educa- tion. The mechanism of organizing and conducting diagnostic work, which is currently a key tool for assessing the quality of education, is considered in detail. The advantages of the applied procedure for assessing the quality of training of students are determined, as well as the main disadvantages of the mechanism for conducting diagnostic work at the present time are formulated, which, according to the authors, are primarily associated with insufficient detail of rules and procedures. It is required to develop and approve a number of legal and regulatory documents regulating the procedure for evaluating the results of mastering an educational program when conducting quality control of education by the system regulator. In the text of the article, the Russian Federation is abbreviated as RF.
THE CONCILIARITY OF SOCIETY AND SYMPHONY OF AUTHORITIES IN RUSSIA: TRADITIONALITY, RELEVANCE, INNOVATION
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-55-59
Keywords: state, law, state and public power, symphony of authorities, conciliarity, historical experience, religious traditions
Annotation: The article is devoted to understanding the transformation of the historical concept of the symphony of powers and the religious tradition of conciliarity of society. The successful application of these concepts and traditions is predicted in the reconstruction of their essence (but not forms) as the idea of harmonious cooperation of au- thorities for the sake of the common good, as well as popular unity in the organization of modern civil society and public authority. The basis of such reconstruction is seen to be traditional values and the achievements of scientific and technological progress while ensuring a balance of private, group and common interests. The long history of interaction between society and the authorities of our state makes it possible to assess the posi- tive and negative consequences of using certain approaches in various periods of Russia’s development. It is concluded that effective modernization of public authority is possible only in alliance with civil society, relying on the spiritual, moral and state-legal traditions of Russia using the achievements of world state-legal science and practice, as well as modern technologies.
FALSE TESTIMONY BY WITNESSES AND VICTIMS AS A MEANS OF COUNTERING THE INVESTIGATION OF CRIMES BY THE INVESTIGATIVE BODIES
Release: 2024-4 (44)
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.
THE REASONS AND CONDITIONS FOR THE HOSTAGE-TAKING IN THE DETENTION CENTER
Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-59-64
Keywords: hostage-taking, detention center, correctional institution, crime, violence, suspect, accused4
Annotation: The article discusses the current issues related to criminal violence during the implementation of a preventive measure in the form of detention. One of the most serious crimes that can occur in pre-trial detention centers is undoubtedly taking hostages. This act poses an increased public danger and is associated not only with the forced detention of a person, but also with the use or threat of violence against them, the possibility of illegal escape from detention and the potential for continued criminal activity. Currently, there are 210 pre-trial deten- tion centers and 71 premises operating as pre-trial detention facilities2 located on the territory of each region of the Russian Federation within the penal system. In this regard, the study of this topic is quite relevant, as the commission of such an act not only destabilizes the operations of this correctional facility, but also necessitates the activation of the entire law enforcement apparatus in the region. In the text of the article, the Russian Fed- eration is abbreviated as RF.