Journal headings
"Legal sciences"
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Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-15-22
Keywords: reforms of the 1860s, abolition of serfdom, zemstvo reform, judicial reform, class equality, military reform, school reform, civil society, civil responsibility
Annotation: The article discusses important aspects of the development of civil society in Russia. The institution of civil so- ciety is an integral attribute of any State governed by the rule of law. However, its formation is conditioned by the emergence of certain prerequisites in the political, social, economic and cultural spheres. In the history of Russia, these prerequisites occurred in the second half of the XIX century as a result of the reforms of Emperor Alexander II, which created the conditions for the forming of civil society. The aim of the author is to analyze the historical course of the country towards the forming of civil society; to consider the reforms of the 1860s in Russia in the context of the occurrence of prerequisites for the forming of civil society; to identify the essence of these prerequisites; to determine the role of reforms for the forming of civil society in Russia. During the study, historical, comparative legal, and formal legal methods were applied. The author concludes that the necessary conditions for the formation of civil society have emerged in the political, social, economic, and cultural spheres in Russia, as well as the emergence of elements of civil society resulting from the reforms of the 1860s.
INSTITUTE OF MENTORING AS A MECHANISM FOR EDUCATION OF YOUTH OF RUSSIA
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-16-27
Keywords: mentoring, traditional values, somatic human rights, the fifth generations of human rights, the younger genera- tion, synergetic triad of the educational process, legal consciousness, crime prevention, patriotic education
Annotation: The article outlines the problem faced by humanity in choosing between traditional values and innovations introduced by Western ideologues under the guise of somatic human rights and the role of mentoring in the spiritual revival of humanity. The aim of this article is to develop mechanisms for reforming the institution of Youth Mentoring at the present stage. The subject of the study is the justification of the theory and practice of mentoring from the perspective of the synergetic triad of the educational process: patriotic education, forming of legal consciousness, and instilling traditional universal values and moral norms. Based on the subject of the study, the following tasks were performed: the historical experience of the educational process of Russian youth, laid down by Slavic and Eastern cultures, is analyzed; the differences in the personnel potential of school teachers in Imperial and Soviet Russia are studied; the prerequisites for an imbalance in the school educational system between male and female teachers are revealed; the phenomenology of responsibility is considered through the prism of male education and the forming of legal awareness among young people; the proposals on the form- ing of the legal consciousness of the younger generation at the present stage based on the generalization of the experience of crime prevention in the “16-year Shchelkov period” are formulated; the practical importance of enhancing the human resources of the institute of Mentoring in the educational environment through the return of men to the teaching profession is substantiated; mechanisms for reforming the institute of Mentoring youth are proposed; organizational measures necessary for the implementation of the proposed mechanisms for improving the role of mentoring in practice. The theoretical framework of the conducted research is the socio-axiological approach to examining phenomena of legal reality.
THE DIGITAL RUBLE AS AN OBJECT OF LEGAL REGULATION IN THE RUSSIAN FEDERATION: THE CONCEPT AND PROSPECTS OF APPLICATION
Release: 2024-4 (44)
DOI: 10.21777/2587-9472-2024-4-20-24
Keywords: digital ruble, digital currency, currency of the Russian Federation, non-cash funds, cryptocurrency, Central Bank of the Russian Federation, settlements, Civil Code, objects of civil rights, property, property rights
Annotation: This article is devoted to the analysis of the concept of the "digital ruble" as an object of public relations regu- lated by the norms of civil, banking and currency legislation of the Russian Federation. The article examines the views of Russian legal scholars on the essence of the digital ruble, the place of the digital ruble in the system of objects of civil rights, and the specifics of calculations using the digital ruble. The conclusion is made about the duality of the legal nature of the digital ruble, which combines the following features: 1) an object of civil rights; 2) the form of the currency of the Russian Federation used for settlements in accordance with the procedure and on the terms provided for by the norms of domestic banking and currency legislation, as well as legislation on the national payment system of Russia. The expediency of legislating the definition of the "digital ruble" in the Federal Law "On Currency Regulation and Currency Control", as well as further improving legislation on the domestic digital currency and the sphere of its use, is emphasized.
TYPES OF REAL ESTATE OWNERS ASSOCIATIONS NOT NAMED IN LEGISLATION: FEATURES OF THE LEGAL STATUS
Release: 2024-1 (41)
DOI: 10.21777/2587-9472-2024-1-20-25
Keywords: certain types of real estate owners’ partnerships, partnership management, organization of the partnership’s activities, consumer cooperatives, real estate objects, legal entities, organizational and legal form
Annotation: The study examines certain types of real estate owners’ partnerships that require deep scientific understanding due to the lack of their special detailed legal regulation. The subject of the research is scholarly works and provisions of the current legislation on real estate owners’ associations. Methods of scientific research: analysis, synthesis, deduction, induction, analogy. The main conclusions are: a partnership of real estate owners is a collective category – it consists of its types, which may or may not be provided for by law; types of real estate owners’ partnerships not specified in legislation will include any type of real estate owners’ partnership that is not the most common (provided for by law), but is specified in the charter of the partnership, as such, based on the specifics of the real estate subject to management; the main criterion for classification as a real estate own- ers’ partnership is the ability to manage the corresponding type of real estate. The author also came to other conclusions. The study of this topic will make it possible to make an additional contribution to the scientific understanding of poorly studied certain types of real estate owners’ partnerships.
POLITICAL AND LEGAL KNOWLEDGE, ITS MORAL FOUNDATIONS, RELIABILITY AND COMPLETENESS AS A CONDITION FOR THE CIVILIZATIONAL SELF-IDENTIFICATION OF RUSSIA
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.