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

All rubrics

ON THE LEGAL CULTURE IN THE RUSSIAN FEDERATION

Page:5-11

Release: 2024-1 (41)

DOI: 10.21777/2587-9472-2024-1-5-11

Annotation: The article analyzes the state of the legal culture of the Russian Federation in the modern period. It also dis- cusses the main terminological features related to the definition of the concept of legal culture and the structural elements included in it. In addition, the problems associated with the insufficiently high level of legal culture among citizens of the Russian Federation in modern realities are identified and analyzed. The data of sociological surveys of young people about public institutions that have the most influence on the growth of the legal culture of society are presented. The article emphasizes that in the processes of interaction between the state and soci- ety, the modernization of the legal policy of the state – the use of information technologies – contributes to the improvement of the level of legal culture of the Russian population. Such an “electronic State” extends not only to the sphere of public administration, but also covers public relations. Further in the article the current state of the legal culture of the Russian population are revealed, and ways to solve the problem of not having a sufficient level of its development are identified. Based on the conducted work, a conclusion was also made that charac- terizes the relevance and importance of improving the legal culture for the further development of the country.

ON THE ISSUE OF THE DEVELOPMENT OF TYPES OF RESPONSIBILITY FOR THE ACTIONS OF INDIVIDUALS AND LEGAL ENTITIES IN THE INFORMATIONAL SPACE

Page:7-14

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-7-14

Annotation: The paper describes the normative provisions that have appeared in Russian information regulations in recent years and are characterized by a special range of subjects, grounds, sources and content of responsibility measures. The analysis of such regulatory frameworks made it possible to reveal a new approach to legal regulation, which takes into account the economic and technical nature of Cyberspace. Due to this, we assess the effectiveness of information and legal measures to be higher than that of classical types of legal responsibility in cross-border and anonymous cyberspace. Along with the application of measures by public authorities to influence information legal relations subjects, we have also noted the practice of business entities applying such measures, in particular, individuals who own or manage digital platforms. This allows us to establish the possibility of categorizing contractual information and legal responsibility. At the same time, the wide range of subjects involved in relations developing in cyberspace, along with a num- ber of other pressing issues in information law, contribute to inconsistencies in the application of information and legal measures. We consider this circumstance as an additional argument in favor of the codification of information legislation.

ADMISSION OF THE MOLDAVIAN PRINCIPALITY TO THE CITIZENSHIP OF THE MOSCOW KINGDOM. HISTORICAL AND LEGAL ANALYSIS

Page:7-15

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-7-15

Annotation: This article analyzes the events, actions and facts in the history of Kievan Rus, part of which became the territory of the Moldavian Principality, after its formation. These events and facts became the key and the basis of the good relations of the Moldavian Principality and the Moscow Kingdom, which ended with the establishment of the citizenship of the Moscow Kingdom over the Moldavian Principality. The purpose of this study is to form a scientific historical and legal framework proving the objectivity and pattern of such a historical and legal fact. The task of the study is to analyze facts from various sources of domestic, Moldavian and Romanian authors, reflecting the activities of secular and spiritual authorities in the rapprochement of the Moldavian Principality and the Moscow Kingdom in the 17th century. In the course of the study, general scientific and special research methods were used – systemic, analysis and synthesis, logical, historical, interpretation. As a result of the study, it was proved that it was during this period of time that the first normative act in the history of bilateral relations was signed, which established the official citizenship of the Moscow Kingdom over the Moldavian Principality.

LEGAL REGULATION OF THE PROTECTION OF PERSONAL HUMAN RIGHTS WHEN USING ARTIFICIAL INTELLIGENCE TECHNOLOGIES

Page:12-19

Release: 2024-1 (41)

DOI: 10.21777/2587-9472-2024-1-12-19

Annotation: The article describes the features of legal regulation of the use of programs with artificial intelligence to ensure security and control of society using the example of the Russian Federation, the EU and the UK. The issue of the relationship between the use of person tracking systems using personal identification methods and the im- plementation of the right to privacy of a person’s personal life was considered in the research separately. The relevance of this topic is due to the rapid development of information technology in the world. Scientific novelty is determined by the comparative short history of legal relations arising from the development, use and control of the use of artificial intelligence by individuals and legal entities, as well as states. The common methods of protecting the legitimate rights and interests of participants in legal relations, developed over the centuries by states, have little applicability due to the use of artificial intelligence capabilities without taking into account territorial borders.

THE FORMING OF ELEMENTS OF CIVIL SOCIETY IN RUSSIA AS A RESULT OF THE REFORMS OF THE 1860s

Page:15-22

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-15-22

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

Page:16-27

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-16-27

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.

TYPES OF REAL ESTATE OWNERS ASSOCIATIONS NOT NAMED IN LEGISLATION: FEATURES OF THE LEGAL STATUS

Page:20-25

Release: 2024-1 (41)

DOI: 10.21777/2587-9472-2024-1-20-25

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

Page:23-35

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-23-35

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.

TRANSFER OF THE RESPONSIBILITY TO PAY CONTRIBUTIONS FOR CAPITAL REPAIRS OF APARTMENT BUILDINGS

Page:26-31

Release: 2024-1 (41)

DOI: 10.21777/2587-9472-2024-1-26-31

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

Page:28-35

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-28-35

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.

ON THE ISSUE OF THE IMPORTANCE OF THE METHODOLOGY OF THE SCIENCE OF CRIMINAL EXECUTIVE LAW

Page:32-35

Release: 2024-1 (41)

DOI: 10.21777/2587-9472-2024-1-32-35

Annotation: The subject of the research is the concept and significance of the methodology of the science of criminal justice, its role in the activities of the penal system, the training of specialists for institutions and bodies executing pun- ishment. The purpose of the work is to study issues of methodology of the science of penal law. When studying the problem, dialectical, formal-logical, system-structural methods were used. The article describes the views of scientists on the methodological foundations of the science of penal law, and examines certain aspects of its significance for theory and practice. Dialectical and historical materialism form the basis of the methodology of the science under consideration; private scientific and special methods of cognition are also used. It is con- cluded that the training of highly qualified specialists for the penal system, other state and non-state (private) organizations involves studying the methodology of special sciences in the specialization (profile) of training, the methodology of the science of criminal justice contributes to the implementation of theoretical knowledge in practical activities in the field of execution of punishments and other areas of life.

ON THE ISSUE OF LEGAL PROTECTION OF INTANGIBLE CULTURAL OBJECTS IN THE RUSSIAN FEDERATION

Page:36-43

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-36-43

Annotation: The article is devoted to the problems of legal protection of the intangible ethno-cultural heritage of the Rus- sian Federation. The analysis of the current situation of protection of these facilities in Russia is preceded by a review of international acts of similar content. Several possible ways to apply forces to improve the protection of intangible cultural assets are outlined. First, this is a wider representation of Russian culture in the international arena. Second, elimination of the conflict in modern Russian law and law enforcement practice, which arose due to the incomplete change of the name of the object of protection. Third, strict compliance with the requirements of Article 6 of the Federal Law «On Intangible Ethnocultural Heritage Of the Russian Federation», which provides for the division of objects of intangible ethnocultural heritage into three categories: federal, regional and local (municipal) significance. Therefore, the federal register should include only those objects that really represent a special historical, cultural and scientific value for the history and culture of the Russian Federation. Fourth, it is to clarify the list of objects of intangible ethno-cultural heritage. It was recommended to include traditional symbols, as well as to emphasize their cultural-historical, spiritual and moral value in the laws on state symbols. In the text of the article, the Russian Federation is abbreviated as RF.

ON THE SPIRITUAL FOUNDATIONS OF STATE SOVEREIGNTY: LEGAL UNDERSTANDING OF FREEDOM OF CONSCIENCE IN MODERN CONSTITUTIONALISM

Page:36-45

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-36-45

Annotation: The purpose of the article is to analyze the necessity and regularity of the birth of the idea of a moral state through the enhancement of freedom of conscience in modern society. The legal understanding of freedom of conscience is one of the spiritual foundations of state sovereignty. The research methodology includes the methods of historical and legal analysis with an interdisciplinary approach, abstraction and mental modeling, compara- tive legal analysis, and the ascent from the abstract to the concrete. The definition of freedom of conscience and ideological foundations of a moral state is given. It is the moral and ethical foundations of the Constitution that form the socio-cultural line of development of modern civilization. On the example of specific decisions of the European Court of Human Rights, the position of the Council of Europe, it is concluded that the secularism of the European Enlightenment led to an equalization in the representation of Western public consciousness of good and evil, that in Western countries there is a forced moral neutrality of society, giving rise to immorality and permissiveness. The analysis of various aspects of the understanding of freedom of conscience as a basic value, without which the sovereignty of the modern state is impossible, is important for the further development of legal understanding, for teaching the theory of state and law and constitutional law in universities.

FEATURES OF PRACTICAL TRAINING ON FORENSIC TECHNOLOGY IN THE CONDITIONS OF EDUCATIONAL AUDIENCE

Page:36-41

Release: 2024-1 (41)

DOI: 10.21777/2587-9472-2024-1-36-41

Annotation: The current issues of conducting practical classes in the form of a business game with students of the Faculty of Law on the topics of the section “Forensic technology” of the discipline “Criminalistics” are considered. The opinions of various authors on the practice-oriented teaching of the discipline “Criminalistics”, including the use of active teaching methods (business games) during practical classes, are given. The content of the stages of the business game organized in the conditions of the classroom is revealed; the main differences between practical tasks in the section “Forensic technology” from tasks in other sections of сriminalistics are highlighted. Recom- mendations are given on the use of technical means during practical training; an overview of the most in-demand set of technical means, the unified suitcase “Criminalist” is given. The expediency of using a forensic suitcase in its extended configuration is justified not only when conducting classes on topics involving direct work with traces of a crime, but also as part of the study of the topic “Forensic photography and video recording”. The conclusion is made about the importance of teaching the discipline “Criminalistics” for law students.

THE RIGHT OF THE CLAIMANT TO APPEAL THE RULING ON THE CANCELLATION OF THE COURT ORDER

Page:42-46

Release: 2024-1 (41)

DOI: 10.21777/2587-9472-2024-1-42-46

Annotation: The article examines the legal positions of the Constitutional Court, justifying the right of the claimant to appeal the ruling on the cancellation of the court order due to the absence of valid reasons for the debtor to skip the deadline for filing objections, as well as the provisions of the draft law, consolidating the results of constitutional control in the system of legal norms. The purpose of the study is to evaluate the developed novels based on an analysis of the conceptual foundations of writ proceedings. According to the author, the key idea characterizing writ proceedings is the presumption of indisputability of the claimant’s claims, which determines ways to simplify and accelerate the form of protection of rights under consideration, including through truncation of adversarial proceedings and the issuance of judicial acts in absentia. At the same time, guarantees of the rights of the parties to the proceedings, ensuring procedural equality and protection against abuse of rights, are of particular impor- tance. The author concludes that the right of the claimant to appeal against the decision to set aside the judgment based on the debtor’s defenses raised outside the time limit should be stated in the text. As a result of the study, the importance of the legislative formalization of the legal provisions of the Constitutional Court, which establish guarantees of the rights of the claimant in writ proceedings and are not related to the unconstitutionality of the legal norm, is substantiated.

LEGAL REGULATION OF INTER-BUDGETARY RELATIONS OF REGIONAL DEVELOPMENT ON THE EXAMPLE OF THE BRYANSK REGION

Page:44-50

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-44-50

Annotation: The article examines the legal regulation of inter-budgetary relations at the regional level in modern conditions. The purpose of the study is to develop mechanisms for the legal regulation of inter-budgetary relations that en- sure the development of regions by securing sources on a long-term basis for the implementation of measures to achieve national territorial development goals. The subject of the study is the substantiation of the mechanisms of legal regulation of inter-budgetary relations for the development of regions and the achievement of established national goals. Based on the topic of the research, the following tasks were completed: analysis of the regional experience of forming the legal framework for regulating inter-budgetary relations at the regional level; con- sideration of the methods of budget law governing inter-budgetary relations; formulation of a proposal for the creation of mechanisms for legal regulation of inter-budgetary relations at this stage. The research uses general scientific and special methods, in particular systematic, logical, as well as methods of analysis, synthesis, interpretation. As a result of our research, we have found that the establishment of legal mecha- nisms for inter-budgetary regulation of the allocation of funds from the consolidated budget of regions, taking into account the expenses of municipalities for implementing territorial development measures under state programs and regional projects using targeted indicators, leads to a balanced local budget and contributes to achieving national regional development objectives. In the text of the article, the Russian Federation is abbreviated as RF.

THE INSTITUTE OF EVIDENCE AS AN EXAMPLE OF THE INTERACTION OF LEGISLATION ON STATE CONTROL (SUPERVISION) AND LEGISLATION ON ADMINISTRATIVE OFFENSES

Page:46-54

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-46-54

Annotation: The issues of applying the provisions of the Code of Administrative Offences of the Russian Federation, re- garding the use of the results of activities for the implementation of state control (supervision) and municipal control and the initiation of proceedings on an administrative offense, are increasingly becoming the subject of numerous discussions and publications. Within the framework of this article, the authors analyze individual control and supervisory measures and control and supervisory actions, through which officials of control and supervisory authorities receive and record evidence of violations of mandatory requirements in control and supervisory activities, and their subsequent possibility for use as evidence in cases of administrative offenses. It is concluded that strict compliance with the requirements of legality serves as a guarantee of recognition of the actions and decisions of officials of control and supervisory authorities as legitimate, and the results of control and supervisory measures and control and supervisory actions as appropriate evidence in the proceedings on an administrative offense.

FEATURES OF THE SEIZURE OF AGRICULTURAL LAND IN CASE OF IMPROPER USE OF LAND

Page:47-51

Release: 2024-1 (41)

DOI: 10.21777/2587-9472-2024-1-47-51

Annotation: The relevance of the topic under consideration lies in the desire to neutralize some of the problems that arise when agricultural land is seized in case of improper use of land. The purpose of the study is to study a number of features of the seizure of agricultural land in case of improper use of land that require legislative regulation. Particular attention is paid to the problems of legislative application in the process of seizure of these land plots. The article analyzes the regulatory framework governing the procedure for termination of rights to land plots, as well as the exercise of the powers of state land supervision in this area of activity. Some features that have negative consequences both for agricultural land and for the owners of these plots were studied. Recommenda- tions and possible ways of resolving the existing problematic situations are given, namely, amendments to the regulation of the term and procedure for the seizure of agricultural land in case of improper use of land. The article uses the formal legal method, general scientific methods of cognition.

ISSUES OF LEGAL REGULATION OF THE QUALITY OF EDUCATION AND THE ORGANIZATION OF ITS ASSESSMENT AT THE PRESENT STAGE

Page:51-58

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-51-58

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

Page:55-59

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-55-59

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.

THE REASONS AND CONDITIONS FOR THE HOSTAGE-TAKING IN THE DETENTION CENTER

Page:59-64

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-59-64

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.

INNOVATIONS ON THE LEGAL REGULATION OF BANKING OPERATIONS IN DOMESTIC LEGISLATION

Page:60-65

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-60-65

Annotation: This article is devoted to the analysis of the current state of the norms of domestic legislation on banks, the banking system of the Russian Federation and banking activities, as well as the identification of the main trends in its development. The article analyzes the amendments and additions made to the current legislation, primar- ily to the provisions of the Federal Law “On Banks and Banking Activities”, which is one of the key regulatory legal acts regulating the functioning of the Russian banking system. The article identifies the main innovations in domestic legislation on banking operations. A number of proposals is also formulated, which is aimed at clarify- ing and supplementing the conceptual apparatus used in this Law, with the aim of further improving the legal regulation of banking operations in Russia. The relevance of the study of innovations in banking legislation is beyond doubt. The explosive growth in the number of banking products offered to the public and legal entities is observed. The increasing debt burden of the population and, as a result, an increase in the total number of bankruptcy procedures for individuals forces the legislator to “hone” the basic definitions of the Law.

LAW ENFORCEMENT PRACTICE OF ORDERING FORENSIC EXAMINATIONS DURING A JUDICIAL INVESTIGATION IN CRIMINAL PROCEEDINGS

Page:65-72

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-65-72

Annotation: The trial is the central stage of the criminal proceedings, during which all the evidence gathered during the investigation of the criminal case is examined. Quite often, forensic examinations that were carried out during the preliminary investigation are subject to thorough investigation. In the course of judicial proceedings, situations may arise where the court identifies inconsistencies in the con- clusions and research part of an examination, inconsistencies between the findings of multiple examinations, expert incompetence, and other issues that affect the thoroughness and clarity of a forensic investigation, and ultimately its objectivity. In such a situation, in order to determine the truth in a case, it is necessary to conduct additional, repeated forensic examinations as part of the trial process. The authors analyzed the judicial practice of appointing various types of forensic examinations in judicial investiga- tions. This made it possible to identify violations committed during the examinations in the course of the prelimi- nary investigation, and, therefore, to summarize the grounds for the appointment of forensic examinations within the framework of a judicial investigation. In the text of the article, the Russian Federation is abbreviated as RF.

PROBLEMS OF LEGAL REGULATION OF AESTHETIC MEDICINE IN RUSSIA

Page:66-75

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-66-75

Annotation: The purpose of the work is to investigate the regulatory framework of aesthetic medicine. The importance and role of beauty medicine in the life of a modern person are revealed, the legislative regulation of cosmetology and plastic surgery is considered, the most significant contradictions and gaps in the regulatory regulation of relations in the studied branch of medicine are identified, its key problems that require an integrated approach for their solution are identified. The medical nature of cosmetic procedures and plastic surgeries is substantiated, due to their impact on the entire human body and the impact on its health as a whole. Opinions were expressed on Draft Law No. 580179-8 “On Amendments to the Federal Law "On the Basics of Public Health Protection in the Russian Federation"” and Article 1 of the Law of the Russian Federation “On Consumer Protection”. The authors believe that the scientific doctrine of medical law is faced with the task of developing its own concept of aesthetic medicine, as well as finding new approaches to establishing legal regulation in this area. The methodo- logical basis of the research was formed by such methods of scientific research as special-legal, system-structural, logical-theoretical, comparative analysis of the study of socio-legal phenomena in their dialectical development. Proposals have been developed to improve the legal regulation of aesthetic medicine.

PROBLEMATIC ASPECTS OF THE STRUGGLE AGAINST BRIBERY OF OFFICIALS

Page:73-78

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-73-78

Annotation: Bribery as a form of criminal behavior associated with the activities of government bodies creates a system of illegal advantages in access to power, material resources and benefits, thus excluding free market competition, violating the principles of democracy and social justice in society. The article analyzes the current state of the struggle against bribery. The official statistical data of the Judicial Department and the Ministry of Internal Affairs of Russia on the state of corruption crime confirm the relevance of this issue. The increase in the number of crimes related to bribery and mediation in bribery may indicate, on the one hand, the active work of law enforcement agencies in identifying and increasing the detection of these crimes. However, it may also indicate the insufficient, weak, and ineffective preventive work of regulatory agencies. The article distinguishes between the concepts of “corruption”, “bribery”, “tampering”, reveals the methods of bribery. Problematic issues are raised regarding the distinction between bribery and related offenses, determining the subject of a bribe. Legal and other means of combating bribery are indicated. In the text of the article, the Russian Federation is abbreviated as RF.

SOME PROBLEMS OF THE LEGAL QUALIFICATION OF THE CUSTOMER’S ACTIONS IN THE EXECUTION OF CONTRACTS CONCLUDED TO MEET PUBLIC NEEDS

Page:76-82

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-76-82

Annotation: The article describes the problems of legal qualification of the actions of customers on the transfer of func- tions for the acceptance of goods supplied under a contract concluded in accordance with the legislation on the contract system in the field of procurement to meet state and municipal needs. The current situation is analyzed taking into account the current law enforcement practice. The author comes to the conclusion that there are objective prerequisites for making changes in the regulation of relations arising during procure- ment for public needs in order to streamline the practice of applying legislation on the contract system, in particular when accepting goods, works, and services. The relevance of the topic of the article is due to the need for a clear delineation of the powers and responsibilities of all participants in the execution of a state contract, both on the part of the customer and on the part of the contractor. Given the close attention of regulatory and supervisory authorities to the full and timely execution of government contracts concluded as a result of procurement procedures, it is extremely important for the customer and the contractor of the state contract to flawlessly accept goods, works or services and complete final settlements within the prescribed period.

SUBJECTIVE SIGNS OF ENCROACHMENT ON THE LIFE OF A LAW ENFORCEMENT OFFICER

Page:79-84

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-79-84

Annotation: The article examines the subjective signs of an encroachment on the life of a law enforcement officer, since the number of such acts is currently increasing, and therefore this topic is very relevant. The subject of the study is a criminal law norm that provides for liability for an encroachment on the life of a law enforcement officer. The purpose of the study is to substantiate proposals for improving legislation based on an analysis of the characteristics of the subject and the subjective side of the crime provided for in Art. 317 of the Criminal Code of the Russian Federation. The content of the article discusses examples from law enforcement practice on the qualification of this crime, taking into account the subjective characteristics of the crime and in accordance with judicial interpretation. The following methods were used during the research: formal logical, comparative legal, as well as analysis, synthesis, and deduction. The novelty of the study lies in the fact that the authors made proposals to change the current criminal legislation of the Russian Federation in order to more accurately qualify the considered act. In the text of the article, the Russian Federation is abbreviated as RF.

FEATURES OF LEGAL REGULATION OF TRADE USING ELECTRONIC PLATFORMS ON THE INTERNET

Page:83-87

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-83-87

Annotation: The aim of the study is to highlight the problems associated with the features of legal regulation of internet shops as information intermediaries. The article provides a comparative analysis and identifies the features and problems of legal regulation of Internet shops as information intermediaries. The issues of defining the essence of online shops and the need to expand the responsibility of operators of digital platforms for the products sup- plied through their intermediation are raised. New ways of electronic commerce have become firmly established in everyday life, changing the “behavior” of the seller of goods, the intermediary – the online store and the buyer. The rapid, “explosive” growth in the volume of trade of electronic platforms forces the legislator to take into account the social and economic importance of regulating these legal relations. The combination of new technologies for the sale, delivery and acceptance of goods with established norms of civil legislation and, in particular, the federal law “On Consumer Protection” dictates amendments to a number of legislative acts. The methodological basis of the research was formed up of general scientific methods of cognition, formal legal, comparative legal, legal and technical methods. It is concluded that it is necessary to revise the legal regulation of the sales contract, taking into account the features of e-commerce.

ASSAULT ON THE NORD STREAM PIPELINE: AN INTERNATIONAL CRIME OF A STATE CHARACTER. Article two

Page:85-93

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-85-93

Annotation: In the article, within the framework of scientific approaches, the corpus delicti was analyzed, as a result of which the Nord Stream 1 and Nord Stream 2 pipelines were violently damaged. The possibilities of determining the perpetrators of this crime were explored. The concealment of information and its distortion by the world media, the silence of some members of the international community, and the refraining of some permanent and nonpermanent members of the UN Security Council from assessing this crime, as well as the failure of international decision-makers to launch an investigation at the international level, all indicate that there are attempts to create physical and geographical obstacles to the disclosure and investigation of these crimes. The study shows that this crime can be classified as a complex offense that has exposed the vulnerability of the infrastructure used to exchange goods and services through the waters of the seas and oceans. It is not covered by the direct protection of national jurisdiction, as it falls outside the sovereignty of States. The commission of such crimes can threaten not only the economic security of countries, but also their sovereignty and territorial integrity.

PROCEDURAL PROBLEMS OF CONDUCTING AN INTERROGATION THROUGH THE USE OF VIDEO CONFERENCING SYSTEMS DURING THE PRELIMINARY INVESTIGATION

Page:88-92

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-88-92

Annotation: The article highlights the problematic issues of conducting such an investigative action as interrogation dur ing a preliminary investigation through the use of video conferencing systems. The issues of interrogation have always been and are an urgent topic, because it occupies a special place in the system of investigative actions and there are practically no criminal cases during which interrogations would not be carried out to obtain evi- dentiary information. The author pays attention to the issues of using video conferencing during interrogations conducted with the participation of suspects accused during the preliminary investigation. The rules for the use of remote technologies during interrogation are considered, and also a number of doubts about the possibility of observing the procedural guarantees of participants during interrogation by using video conferencing systems are expressed. The article highlights the difficulties that arise when familiarizing with the protocol of an inter- rogation conducted using a video conferencing system. The author substantiates the conclusions about the need to amend and supplement the criminal procedure law in order to eliminate the identified problems.

THE ASSAULT ON THE NORD STREAM PIPELINE: AN INTERNATIONAL CRIME OF A STATE CHARACTER. Article one

Page:93-101

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-93-101

Annotation: The article analyzes the nature of the crime within the framework of scientific approaches, as a result of which pipelines laid in the Baltic Sea from the mainland of the Russian Federation to the mainland of the Federal Republic of Germany, known as Nord Stream 1 and Nord Stream 2, were violently damaged; the possibilities of determining the perpetrators of this crime are explored. The concealment of information and its “distortion” by the world media, the silence of one part of the international community and the abstention from assessing this crime by a number of permanent and non-permanent members of the UN Security Council at a meeting held on March 27, 2023, the failure of the international decision to launch the investigation process at the international level, actually show that a multi-level controlled security, intelligence and information operation in the direction of interference (physical, geographical), infrastructural interdependence, interdependence in the field of mass media, the interdependence between the crime and the perpetrators. The investigation shows that this criminal act can be classified as an international State crime, that the crime was committed by an alliance of States organized in the form of a criminal association. The results also show the intention of the perpetrator, under the auspices of the UN Security Council, to exclude the possibility of an independent “criminal investigation”, counting on the “pas- sage of time”, which may interfere with obtaining relevant evidence. Of all the above, the attack on the “Northern Stream” pipelines is a complex crime that has shown the vulnerability of the infrastructure through which goods and services are exchanged across the waters of the seas and oceans, as it does not fall under the sovereignty, which means that they are not under the direct protection of the national jurisdiction of States. The commission of these crimes may threaten not only economic security but also the sovereignty and territorial integrity of States.

APPLICATION OF GENERAL AND SPECIAL RULES TO INVALIDATION OF STATE AND MUNICIPAL CONTRACTS

Page:94-101

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-94-101

Annotation: The procurement of goods, works and services for state and municipal needs affects the interests of a wide range of people. The article discusses ways to invalidate state and municipal contracts due to violations of procure- ment rules. The analysis of approaches to the recognition of state and municipal contracts as invalid is carried out by comparing the application of legislation in the field of procurement of goods, works and services and the norms of the Civil Code of the Russian Federation. The issue of improving legislation in the field of procurement of goods, works and services is raised in terms of including special grounds for invalidation of contracts. The author considers the established judicial practice based on general provisions on the invalidity of transactions, including approaches to invalidation of trades. Due to the fact that the implementation of state and municipal procurement affects a wide range of people, the author considers the issues of the application of restitution and convalidation of transactions. In the text of the article, the Russian Federation is abbreviated as RF.

STRUCTURE OF THE RUSSIAN NATIONAL LEGAL CONSCIOUSNESS IN CONDITIONS OF THE SEARCH FOR CIVILIZATIONAL LANDMARKS

Page:5-10

Release: 2023-4 (40)

DOI: 10.21777/2587-9472-2023-4-5-10

Annotation: The purpose of the study is to consider the key foundations of jurisprudence, namely the elements of its structure, taking into account the changed geopolitical, internal political, civilizational and ideological and value conditions for the development of the modern Russian state and law. It is based on the understanding of legal consciousness, which has been developed in Soviet jurisprudence and become classical, as a certain set of ideas and feelings expressing the attitude of people, social communities (nations, people) to the current and desired law. Approaches to the structure of legal consciousness are analyzed, as a result of which prospects for the further development of the doctrine of legal consciousness and the heuristic potential of this complex socio-legal phenomenon are established. The author concludes that for modern Russia it is critically important to comprehensively take into account the sociocultural and theological conditions (factors) as well as legal mentality for the development of legal consciousness. These factors contributed to the forming of a unique legal consciousness of the conciliar Russian society, which in modern conditions nullifies all attempts to “instill” Western models of civil society and the rule of law into the domestic society.

PROBLEMS OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE IN THE FIELD OF JURISPRUDENCE

Page:5-10

Release: 2023-3 (39)

DOI: 10.21777/2587-9472-2023-3-5-10

Annotation: The article is devoted to topical issues of application of artificial intelligence technologies in the field of jurisprudence. In the modern world the technologies underlying artificial intelligence are beginning to play an increasingly prominent role in the process of digital transformation that is developing today in all areas of human life, including the field of law. The development and use of artificial intelligence technologies affects both the area of private and public law. It is extremely important to timely identify and legally resolve the possible risks and threats of the use of artificial intelligence technology, to prevent adverse consequences for an indefinite circle of persons in case of their unauthorized use. The purpose of the article is to identify areas of legal regulation of artificial intelligence in the field of jurisprudence, analyze gaps in the field of current legislation, as well as make proposals for optimizing the legal framework for the use of artificial intelligence. The article concludes about the natural development of the social process towards the use of artificial intelligence, due to the digital transformation of all socio-economic systems of society, reveals the risks of possible adverse consequences as a result of the uncontrolled use of artificial intelligence technologies, notes the need for legislative development of the use of artificial intelligence in the field of jurisprudence.

HISTORICAL AND POLITICAL ANALYSIS OF THE INTERACTION OF CULTURAL HERITAGE AND THE POLITICAL SPHERE OF RUSSIAN SOCIETY

Page:5-11

Release: 2023-2 (38)

DOI: 10.21777/2587-9472-2023-2-5-11

Annotation: The article examines the causal relationships of the impact of culture as a phenomenon and system on the emergence and evolution of new institutions in the political sphere of public relations. The author studies the cultural phenomenon, the laws by which it is created by society, acquires certain independent properties, adapts to a particular historical moment of time and space. The basis for case-crossover analysis of cultural changes that took place in Russia at a certain stage of development is the period of the late 19th and early 20th century, the experience of the Ryazan governorate in creating new political traditions and the forming of people’s representation in the State Duma of Russia. The author gives an assessment of the transactional impact of the accumulated experience of political phenomena of the initial stage of the development of forms of democracy on the present state and the implementation of this principle in the Russian state. Conclusions are formulated about the role of cultural heritage in the effective functioning of existing social institutions and governance mechanisms of the state.

THE GOVERNMENTAL REFORM OF 1775 AND THE CREATION OF THE BUREAUCRATIC APPARATUS OF THE RYAZAN GOVERNORATE

Page:5-11

Release: 2023-1 (36)

DOI: 10.21777/2587-9472-2023-1-5-11

Annotation: The article describes the main stages of the genesis of the bureaucratic apparatus in Russia in the XVIII century. The purpose of the author is to highlight the political activities of the Russian government aimed at establishing the structure, organization and activities of local officials in the specified period on the example of the Ryazan Governorate. This topic is relevant in the context of increasing public interest in the effectiveness of the functioning of the state apparatus of Russia and its enhancement. Noteworthy are the events of Peter I and especially Catherine II, which led to the formation of officialdom at the level of governorates and uyezds. On the basis of the material of primary sources, the author considers the creation of the system of local institutions. In conclusion, it is said that the provincial reform of 1775 created the legal basis for the forming of the local bureaucratic apparatus of Russia. This conclusion, in turn, leads to further research interest in order to draw historical parallels and a comparative analysis of the bureaucratic apparatus of Russia of past eras and the present.

ILLEGAL INTEREST AS AN ELEMENT OF QUALIFICATION OF ABUSE OF RIGHT

Page:7-11

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-7-11

Annotation: The article is devoted to the definition of the concept of illegal interest and its role in qualifying the abuse of the right. The coverage of legitimate interest in legislation and judicial practice is considered. It is noted, that the legislator pays quite a lot of attention to the protection of legitimate interests in many legal acts, but does not give it legislative consolidation. The interpretation of this definition by the courts has a different character and does not always coincide. At the same time, illicit interest is a criterion for determining the most important legal category of abuse of the right. The presence of an unlawful interest of a person indicates his/her intention to violate the rights of other persons or bad faith behavior expressed in an indifferent attitude to the violation of the rights of participants in legal relations. The article also identified the distinctive features of a legitimate interest and defined the boundaries of its determination by the courts. Based on the results, a definition of abuse of the right is drawn up, which emphasizes the role of illegal interest in this legal category.

ON THE RIGHT OF PEOPLES TO PEACE IN THE CONTEXT OF THE CRISIS OF INTERNATIONAL LAW. Article two

Page:11-17

Release: 2023-4 (40)

DOI: 10.21777/2587-9472-2023-4-11-17

Annotation: When analyzing the right of peoples to peace, the issues of continuity of ideas and principles of Roman public law, the reflection of this continuity in the processes of transformation of international law are considered. The significance of such threats to the right of peoples to peace as the paralysis of the usual international legal forms, the planetary scale of the struggle of value priorities, the aggravation of the civilizational confrontation of peoples is argued. In international law there is a real war of meanings. The crisis of international law does not mean a simple failure to comply with its norms, it is expressed in the deformation of the meanings of the previously properly working international legal mutual obligations of states, leading international law into a state of prostration. States and societies based on their original traditional spiritual, moral and religious values are taking the leading positions. It is substantiated that in the new conditions the right of peoples to peace can be realized only on the principles of a multipolar world order.

ON THE RIGHT OF PEOPLES TO PEACE IN THE CONTEXT OF THE CRISIS OF INTERNATIONAL LAW. Article one

Page:11-16

Release: 2023-3 (39)

DOI: 10.21777/2587-9472-2023-3-11-16

Annotation: When analyzing the right of peoples to peace, the issues of continuity of ideas and principles of Roman public law, the reflection of this continuity in the processes of transformation of international law are considered. The significance of such threats to the right of peoples to peace as the paralysis of the usual international legal forms, the planetary scale of the struggle of value priorities, the aggravation of the civilizational confrontation of peoples is argued. In international law there is a real war of senses. The crisis of international law does not mean a simple failure to comply with its norms, it is expressed in the deformation of the meanings of the previously properly working international legal mutual obligations of states, leading international law into a state of prostration. States and societies based on their original traditional spiritual, moral and religious values are taking the leading positions. It is substantiated that in the new conditions the right of peoples to peace can be realized only on the principles of a multipolar world order.

THE PLACE OF LEGAL EDUCATION IN CIVILIZATIONAL CULTURE

Page:12-18

Release: 2023-2 (38)

DOI: 10.21777/2587-9472-2023-2-12-18

Annotation: The purpose of the study is to assess the place of legal education in the civilizational culture of our time, to determine the role of cultural and historical types in legal education. It is based on the consideration of culture as a set of values, customs and traditions of society, a body of knowledge acquired overtime, without which a particular set of people cannot be reproduced and exist. The importance of the theocentric construction of culture is argued. Legal education reflects and consolidates the features of the civilizational culture of the people, aims to lay in lawyers and in society as a whole an understanding of jurisprudence as a set of legal principles, rules and norms of proper behavior, consideration of the state as a political and legal form of self-organization of society. Education is considered as an indicator of civilizational culture, the defects of which adversely affect all aspects of society, capable of deforming the culture itself. Ensuring the continuity of the political and legal ideals of each nation, it contributes to the preservation of the cultural identity of peoples, their archetypes, reflects and protects the diversity of the civilizational development of mankind.

THE IMPROVEMENT OF THE MECHANISM FOR IMPLEMENTING AN ACCESSIBLE ENVIRONMENT FOR THE DISABLED ON THE EXAMPLE OF RUSSIAN AND FOREIGN LEGISLATION

Page:12-17

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-12-17

Annotation: The subject of scientific study in the article is a set of norms of Russian legislation that determine the mechanism for implementing an accessible environment for the disabled. The purpose of this work is a comprehensive study of the existing mechanism for implementing an accessible environment for the disabled, taking into account domestic and foreign experience. The work uses methods of comparative analysis, comparative legal research and characteristics, methods of dialectical analysis, methods of philosophical and philosophical-legal analysis, dispositive and imperative methods, the method of legal regulation. Based on the results of the work carried out, the conclusion is substantiated that the legal regulation of public relations with the participation of persons with disabilities is an important tool for achieving a balance between public power and individual freedom in modern states. The results of the work can be applied both in theory and in practice, as they indicate further directions for improving and developing the mechanism for implementing an accessible environment for people with disabilities.

ON THE ISSUE OF LEGAL REGULATION OF THE DIGITAL ECONOMY

Page:12-16

Release: 2023-1 (36)

DOI: 10.21777/2587-9472-2023-1-12-16

Annotation: The processes of digital transformation of branches and spheres of the domestic economy generate the need for their legal regulation. The article is aimed at a general review of the development of the domestic legislative framework in the field of legal regulation of the digital transformation of the economy. The article considers the approach of creating a legal system for the digital environment as a new branch of law. The authors presented a multi-level system of regulatory and legal framework regulating the process of digitalization of the domestic economy. A generalized characteristic of each of the indicated levels is presented. The directions for the development of legal regulation of ongoing processes, forms of manifestations of a meaningful transformation of law are indicated. A general review of the results achieved in the process of forming the legal regulation of the digital environment has been made. The results of a content analysis of the state of legal support for the digital environment allowed the authors to identify the achievements obtained and note the existing shortcomings and gaps in legislation. As a result, the problems of a legislative framework forming, which regulate the processes of digital transformation of the economy, have been established.

ANALYSIS OF FOREIGN MODELS OF SOCIAL POLICY ON THE EXAMPLE OF THE SWEDISH MODEL

Page:17-24

Release: 2023-3 (39)

DOI: 10.21777/2587-9472-2023-3-17-24

Annotation: The purpose of this article is to systematize scientific ideas about the classification of social policy models of foreign countries and analyze the features of the Swedish model. A comparative legal method based on the study of advanced foreign experience and its rethinking is used in the article. Various types of social policy models are discussed, each of which has its own characteristic features. Social-democratic (Scandinavian), conservative (continental European, institutional), liberal (American-British) and catholic models are highlighted among them. Particular attention is paid to the study of the Swedish model of social policy, which belongs to the Scandinavian type. The author describes its features, structure and advantages. An analysis of the current reform processes that take place within the framework of this model is made. It is concluded that the Swedish model of social policy can be considered as one of the options for implementation in the Russian economy. Its relevance and significance in the modern world are emphasized and its potential for solving social problems is highlighted.

LIMITS ON THE PERMISSIBILITY OF DISCLOSURE MEDICAL CONFIDENTIALITY

Page:18-24

Release: 2023-4 (40)

DOI: 10.21777/2587-9472-2023-4-18-24

Annotation: The aim of the study is to highlight the problems related to the legal understanding and enforcement of the norms of the institute of medical confidentiality and the limits of admissibility of disclosure of confidential information. The article considers the legal provisions establishing the grounds for disclosure of private information received from patients. The reasons and conditions of contradictions between legal, deontological and ethical components of the current regime of medical secrecy are revealed, which may not only compete with each other, but even mutually exclude each other, as ethically justified confidentiality of medical data on morbidity and treatment of patients may contain a real threat to public and sanitary-epidemiological safety of people who are in ignorance. The issues on the expediency of maintaining a ban on disclosure of confidential medical information of socially significant and state interest are raised. The methodological basis was formed by formal-legal, comparative-legal, legal-technical methods, as well as general scientific methods of cognition. The conclusion is made about the need for further doctrinal and legal development of the institute of medical secrecy, the development of the legal regime of its operation, as well as the improvement on this basis of legislation concerning the limits of admissibility of disclosure of medical secrecy.

PROSPECTS OF THE PENSION MODEL IN MODERN RUSSIAN REALITIES

Page:18-25

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-18-25

Annotation: The relevance of the article is due to the lack of uniform ideas about the pension provision model corresponding to modern realities. Russia is facing the same problems in the pension sector as all economically developed countries. The completed demographic transition has led to a qualitative transformation of the age structure of the population, a significant increase in the number of elderly citizens combined with a decrease in the proportion of able-bodied citizens. The model of the pension system of our country, which has retained the features of the Soviet distribution system, requires a conceptual revision today. The author’s view on the resolution of theoretical problems is presented, conclusions are formulated about the vector of development of pension provision, the subject of the study is domestic and foreign scientific research devoted to the prospects of the pension provision model. The purpose of the study is related to the development of an up-to-date vision of the pension provision model. The conclusions stated concern the need to develop a new social contract of generations that can set the vector of development of the pension provision model for the future decades, ensuring the predictability of state social policy and, as a consequence, the prevention of social conflicts.

CONSTITUTIONAL AND LEGAL CONSOLIDATION OF TRENDS IN THE DEVELOPMENT OF RELATIONS BETWEEN THE RUSSIAN STATE AND CIVIL SOCIETY IN THE CONTEXT OF THE GLOBAL CRISIS

Page:17-23

Release: 2023-1 (36)

DOI: 10.21777/2587-9472-2023-1-17-23

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.

GENETIC WEAPONS: POSSIBILITY AND REALITY

Page:19-23

Release: 2023-2 (38)

DOI: 10.21777/2587-9472-2023-2-19-23

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.

SABOTAGE IN MODERN RUSSIA AS A FACTOR AFFECTING THE SECURITY OF THE STATE

Page:24-29

Release: 2023-1 (36)

DOI: 10.21777/2587-9472-2023-1-24-29

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.

ON THE ISSUE OF ASSESSING THE CIRCUMSTANCES IN CASES OF NEWLY DISCOVERED CIRCUMSTANCES

Page:24-29

Release: 2023-2 (38)

DOI: 10.21777/2587-9472-2023-2-24-29

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.

COMMUNITY OF COMMON DESTINY FOR MANKIND IN THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA

Page:25-29

Release: 2023-4 (40)

DOI: 10.21777/2587-9472-2023-4-25-29

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.

MODERN MEASURES TO COUNTER THE SANCTIONS PRESSURE ON THE RUSSIAN ECONOMY: LEGAL ASPECT

Page:25-30

Release: 2023-3 (39)

DOI: 10.21777/2587-9472-2023-3-25-30

Annotation: The article discusses current issues devoted to the analysis of measures to counter international sanctions and restrictions imposed by unfriendly states against Russia. Special attention is paid to such sectors of the economy of the Russian Federation as oil industry, electric power industry, metallurgy, transport sector, banking sector, etc. The proposed measures vary depending on the sector of the economy and cover different areas – from the adoption of regulations (both laws and by-laws) to the government support to specific market participants. In the context of the modern confrontation between Russia and the West, a reorientation of domestic business towards countries of Asian origin, as well as strengthening international cooperation within the EAEU, seems justified. It is believed that the proposals made to improve legislation can be effective means of countering the restrictive measures of the international community and can neutralize the adverse impact of sanctions policies pursued by foreign countries on the Russian economy.

ORGANIZATION OF MUNICIPAL FINANCIAL CONTROL

Page:26-32

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-26-32

Annotation: The article contains an analysis of the municipal government reform in the regions of the Russian Federation, including issues of the organization of municipal external financial control in the subjects of the Russian Federation. It is known that the procedure for creating an effective mechanism for the work of the municipal government is not possible without an effective system of financial control at the municipal level. Basing on the example of the Chuvash Republic, we have justified the need for a transition from a two-level system of local government to a one-level system. At the same time, arguments are given in favor of transferring the authority to conduct municipal external financial control from the control and accounting bodies of the Ministry of Defense to the control and accounting bodies of the subjects of the Russian Federation. The above actions should practically contribute to compliance with the basic principles within the framework of financial external control. First of all, positive changes will occur in relation to the principle of independence, and therefore the effectiveness and objectivity of such control will be justified.

HOUSE ARREST: THE CONCEPT AND LEGAL NATURE

Page:30-35

Release: 2023-4 (40)

DOI: 10.21777/2587-9472-2023-4-30-35

Annotation: The return of house arrest to the sphere of criminal procedural activity caused a surge of interest in this measure of restraint on the part of not only law enforcement officers, but also scientists. According to the developers of the Criminal Procedure Code of the Russian Federation, house arrest was conceived as a reasonable alternative to detention: the legal restrictions inherent in it allow achieving similar goals, while, on the one hand, implementing the principle of economy of repression, on the other hand, spending significantly less material and financial costs, rationally using human resources. At the initial stage of application, house arrest was not alien to shortcomings and gaps both in the legal regulation of this measure of procedural coercion (11 amendments and additions were made to Article 107 of the Criminal Procedure Code of the Russian Federation) and repeated attempts by scientists to understand its legal nature more deeply. The authors of this work present their vision of the essence of the considered procedural institution from the standpoint of the theory of law.

PROBLEMS AND PROSPECTS OF IMPLEMENTATION OF DIGITALIZATION IN MODERN CIVIL LAW

Page:30-35

Release: 2023-2 (38)

DOI: 10.21777/2587-9472-2023-2-30-35

Annotation: The article is devoted to relevant issues of the implementation of digital technologies in the field of jurisprudence. The modern movement of society towards digitalization involves an increasing number of social relations into its orbit – from science and education to economics and law. The development of digital technologies affects both the field of private and public law, which requires a serious analysis of the key factors of the introduction of digital technologies in the field of civil law. The purpose of this article is: to identify the legal understanding of the concept of digital technologies in general, and artificial intelligence in particular; to analyze the advantages and risks of using digital technologies in civil law; to make proposals for improving the implementation of digital technologies in the field of jurisprudence. The authors conclude that there is a need for legislative regulation of the use of digital technologies in public systems and propose the introduction of experimental legal regimes, which can become the tools that in the future can show their effectiveness in solving the problem of innovative and safe implementation of digital technologies in civil law.

RELEVANT PROBLEMS OF INTERROGATION AND CONFRONTATION BY USING VIDEOCONFERENCING SYSTEMS IN PRE-TRIAL PROCEEDINGS

Page:30-34

Release: 2023-1 (36)

DOI: 10.21777/2587-9472-2023-1-30-34

Annotation: The introduction of Article 189.1 of the Criminal Procedure Code of the Russian Federation caused certain difficulties in conducting preliminary investigations, both from a procedural and tactical point of view. The article discusses problematic issues, the possibilities and expediency of conducting an initial interrogation and confrontation by using videoconferencing systems. The article analyzes the possible risks of losing the evidentiary value of testimony obtained during remote interrogation, as well as a possible increase in document flow, an increase in the number of subjects of investigation and a possible increase in the staff of internal affairs bodies. Attention is drawn to the lack of consensus among modern lawyers regarding the effectiveness of interrogation and confrontation through the use of videoconferencing. Special attention is paid to the organization and tactics of investigative actions through the use of videoconferencing with the participation of persons located in different time zones. According to the results of the study, it is proposed to make amendments to Article 189.1 of the Code of Criminal Procedure of the Russian Federation.

EXECUTIVE IMMUNITY IN THE EVENT OF A DEBTOR’S BANKRUPTCY

Page:31-38

Release: 2023-3 (39)

DOI: 10.21777/2587-9472-2023-3-31-38

Annotation: The relevance of this article is due to the fact that there are problems with the seizure of property from the bankruptcy estate in bankruptcy cases, if such property is protected by executive immunity. The article reveals the issue of changing the law enforcement practice in relation to executive immunity. The actual judicial and practical changes in the sale of the debtor’s only housing as part of the insolvency (bankruptcy) procedure were studied. The nature of property immunity in case of bankruptcy of the debtor and the establishment of the limits of such immunity are investigated. In order to achieve the goal of the article the following tasks are outlined: to understand the concept of “enforcement immunity”, to determine the qualifying features, to determine the operation of this institution and compare it in the bankruptcy procedure with enforcement proceedings, to consider the limits of executive immunity, having studied in more detail the Resolution of the Constitutional Court of the Russian Federation dated April 26 2021 No. 15-P, as well as to determine the specifics of the sale of property that falls under executive immunity. General and specific methods of cognition were used during the investigation.

REFUTATION OF DEFAMATORY INFORMATION AS ONE OF THE METHODS OF LEGAL PROTECTION OF BUSINESS REPUTATION: CONDITIONS OF APPLICATION

Page:33-37

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-33-37

Annotation: Due to the rapid development of information and communication links and the active entry of Russian corporations into international markets, the issues of protection of intangible benefits are increasingly becoming the object of legal science research. One of the objects of non-property rights is business reputation, as well as ways of its legal protection. The analysis of judicial practice shows the importance of considering regulatory issues in the field of business reputation protection, since the application of current legislation in the field of business reputation protection often faces certain problems. According to the norms of civil legislation, one of the methods of protecting business reputation is protection by refuting defamatory information. The article discusses the necessary and sufficient conditions for the application of protection of business reputation by refuting the defamatory information of the applicant. As a result, it is shown that the use of protection of business reputation by refuting defamatory information is possible only if all three conditions defined by the norms of civil law.

ON THE ISSUE OF THE ESSENCE OF A CIVIL CONTRACT AND CONTRACT LAW

Page:35-42

Release: 2023-1 (36)

DOI: 10.21777/2587-9472-2023-1-35-42

Annotation: The article is devoted to the analysis of the essence of a civil contract as the main legal fact that generates property relations, as well as the place of contract law in the Russian legal system. The article considers the emergence of legal norms on contracts in domestic law, their evolution, the types of contracts provided for by the norms of Russian law at various stages of its development (Russkaya Pravda, Codes of Laws, the Code of Laws of the Russian Empire, the civil legislation of the USSR), as well as the place of the contract in the system of legal facts that generate, modify and terminate civil legal relations on at the present stage of development of domestic law. The views of legal scholars on the role and place of contracts in the system of legal facts are analyzed, a comparative characteristic of a civil law contract and other types of contracts, the conclusion of which is provided for by legal norms, is presented. The conclusion is made about the correlation of the concepts of “civil law” and “contract law” at the present stage of development of the Russian legal system.

THE INFLUENCE OF REGULATIONS ON THE DEVELOPMENT OF LABOR INSTITUTIONS IN THE URALS IN 1935–1940. ATLYAN PENAL COLONY

Page:36-41

Release: 2023-4 (40)

DOI: 10.21777/2587-9472-2023-4-36-41

Annotation: Тhis article examines the period of forming and functioning of such correctional institution, as Atlyan labor colony, from the moment of organization to the moment of reorganization. Based on the normative acts presented in chronological order and archival materials launched into scientific circulation for the first time, the author comes to the conclusion that the Atlyan labor colony for minors, since its establishment in 1935 and until 1940, was a place for re-education and training of pupils. It can be stated that in the first half of the 1930s, in certain institutions, with the active assistance of employees working in labor colonies, a differentiated approach to education was introduced. A very significant and effective means of correcting teenage delinquents was patronage (mentoring) from masters – specialists who captivated children with their skills. Thus, the author points to the positive achievements of individual labor colonies in the re-education of juvenile offenders in the early 1930–1940s.

THE INSTITUTION OF MEDIATION AS A STABILIZER OF PUBLIC RELATIONS

Page:36-42

Release: 2023-2 (38)

DOI: 10.21777/2587-9472-2023-2-36-42

Annotation: The article analyzes the institution of the mediation procedure in the Russian Federation, as well as in foreign countries, identifies its positive and negative aspects, as well as the problems of legal regulation of the named institution, both in the organizational and procedural context. Despite the long and ornate path of development of this dispute resolution mechanism autonomous from the state, its unpopularity is primarily due to more attractive conditions for litigants to apply to classical institutions for the protection of violated rights. At the same time the state is interested in the development of non-state forms of conflict resolution, in particular in mediation, including due to their low implementation cost for the state, compared to the judicial system, but this criterion should not affect the quality of the final “product”, which also seems to be a certain problem for the successful use of mediation in Russia. In the course of the study relevant conclusions are substituted and further improvement of the institution of mediation is proposed.

THE CORRELATION OF THE CONCEPTS OF "INSOLVENCY" AND "BANKRUPTCY"

Page:38-43

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-38-43

Annotation: The article presents the result of a study of the legal meaning of such terms as “insolvency” and “bankruptcy” on the basis of existing approaches formulated in the scientific and legal doctrine, namely: the traditional approach (distinguishing the concepts of “insolvency” and “bankruptcy” and referring them to different legal areas); the approach according to which these concepts are interconnected and correlated as a cause (insolvency) and a consequence (bankruptcy); the legislative approach. A comparative analysis of the definitions of the thesaurus under study is carried out according to the scientific and theoretical position of specialists and researchers in the field of domestic law. The issue is raised on the expediency of differentiating the concepts of “insolvency” and “bankruptcy” in relation to legal practice. The methodology of analysis includes several preferential research methods, namely: comparative, historical, dogmatic. Based on the analyzed theoretical knowledge, as well as using those as the main argument, a conclusion was stated that accumulates modern approaches to the definition and differentiation of the terms “insolvency” and “bankruptcy”.

THE STATE AND DYNAMICS OF VIOLATIONS OF THE INVIOLABILITY OF THE HOUSING IN RUSSIA

Page:39-45

Release: 2023-3 (39)

DOI: 10.21777/2587-9472-2023-3-39-45

Annotation: The article, based on statistical data from the GIAC of the Ministry of Internal Affairs of Russia and the Judicial Department of the Supreme Court of the Russian Federation, analyzes the state and dynamics of crimes that violate the inviolability of the housing. There has been a positive trend towards a decrease in the number of convicts since 2018. At the same time the share of the crimes under consideration in the total number of crimes under Chapter 19 of the Criminal Code of the Russian Federation remains significant. Typical personality portraits of criminals committing criminal acts both according to the main and qualified elements of the crime are described. Persons brought to justice often do not believe that they are committing a crime because they invade someone else’s home during domestic quarrels, as well as for other, as it seems to them, “valid” reasons. The most of crimes are committed in a state of intoxication. Factors that make it difficult to bring a violator to justice under Part 3 of Article 139 of the Criminal Code of the Russian Federation: qualification features, active counteraction of a suspect (accused).

CHINA’S ANTI-CORRUPTION CRIMINAL LEGAL NORMS AND INTERNATIONAL COOPERATION

Page:42-48

Release: 2023-4 (40)

DOI: 10.21777/2587-9472-2023-4-42-48

Annotation: China’s anti-corruption efforts in recent years have been unprecedented. A large number of corrupt individuals have been brought to disciplinary and even criminal responsibility. In 2003, the Chinese Government signed the UN Convention against Corruption, and in 2005, China ratified its accession to the Convention. After the accession, China has begun a series of amendments and improvements to anti-corruption norms. The anti-corruption accusations of Chinese criminal law are characterized by the fact that state officials are the core of the subjects of corruption-related offenses; physical entities and legal entities as subjects also co-exist there; and high pressure is maintained on corruption offenses. In addition to making the necessary changes to national legislation, China has taken appropriate steps to position itself internationally as a country that does not tolerate corrupt behavior by officials. In order to punish and prevent corrupt behaviors, strengthening international cooperation against corruption has become an inevitable choice for China.

PROHIBITION OF CERTAIN ACTIONS AS A PREVENTIVE MEASURE

Page:43-48

Release: 2023-2 (38)

DOI: 10.21777/2587-9472-2023-2-43-48

Annotation: The article is devoted to the consideration of the essence and legal nature of the legislative novelty of Russian law – the prohibition of certain actions. The author of the article refers to related categories and other preventive measures implemented in criminal practice. In addition the article contains an analysis of the problematic aspects of the application of the considered preventive measure. Among the problems identified are the problem of monitoring the fulfillment of the conditions of the ban, the expediency of a ban on the use of the Internet information and telecommunications network, duplication of the rules governing house arrest and a ban on leaving the place of residence, and so on. An assessment is given of the correlation of this preventive measure with the constitutional principle of proportionality of the restriction of the rights and freedom of a person and a citizen. Nevertheless, despite the shortcomings identified, the emergence in the domestic criminal procedure law of such a measure of restraint as “prohibition of certain actions” is considered by the author as a natural step towards the humanization of criminal procedure legislation and increasing the efficiency of legal proceedings.

AFFECT AS A CRIMINAL LEGAL CATEGORY

Page:43-48

Release: 2023-1 (36)

DOI: 10.21777/2587-9472-2023-1-43-48

Annotation: The aim of the article is the need to conduct a study of affect as a criminal legal category, which is associated with problems in law enforcement practice in the qualification of privileged compositions of murders and causing serious harm to health in the heat of passion. The problems of determining affect lead to errors in the qualification of crimes. The solution of the research tasks predetermined the complex of research methods and the essence of the phenomenon under study. Such a set of methods includes the dialectical method of cognition, the method of analysis and synthesis, a systematic approach that contribute to a comprehensive and substantive study of the issues raised. The scientific novelty of the study is that based on the analysis of the provisions of criminal legislation, as well as the opinions of scientists, a proposal is made to understand affect as a special emotional state of the subject, as well as to consolidate a clearer concept in the disposition of Article 107 of the Criminal Code of the Russian Federation. The scientific and practical significance of the provisions of the article is as a methodological basis for the development and implementation of ways to solve problems that are associated with responsibility for crimes committed in a state of passion.

COMPARATIVE LEGAL ANALYSIS OF GENERAL PARTNERSHIPS IN THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES

Page:44-48

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-44-48

Annotation: This article discusses the issues of legal regulation of the process of the legal status of general economic partnerships in the Russian legal field and in foreign countries. The legal nature of economic partnerships is revealed, as well as their distinctive features are highlighted. One of the most promising and interesting tasks for legal theory and significant for the development of the Russian economy is the study of the legal structures of forms of entrepreneurship in foreign countries and the possibility of using this experience to improve the relevant norms of Russian civil legislation. Based on such grounds, a comparative legal analysis of the legal regulation of general partnerships in the Russian Federation and foreign countries was carried out, considering their common features and significant differences. The results of the analysis show that it is possible to identify certain significant problems that are associated with the omission of the legislator in the process of transforming such a form of organization as a partnership, which in turn creates obstacles to conducting economic activities within this form of organization.

ON SOME FEATURES OF THE MANIFESTATION OF VIOLENCE BY FOREIGNERS IN CUSTODY

Page:46-51

Release: 2023-3 (39)

DOI: 10.21777/2587-9472-2023-3-46-51

Annotation: The problem of manifestation of violence at all times is a problem in the development of society. In places of isolation of potential criminals the manifestation of violence is a significant problem in the functioning of these institutions in accordance with the law and interferes with their full performance of the tasks assigned to them. This work is devoted to the problems of manifestation of violence and the issues of their prevention by foreign citizens in custody. The relevance of the study is caused by the ever-increasing number of migrants arriving in our country, which negatively affects their commission of crimes with the use of violence, including while in detention. The paper analyzes the features of foreign citizens held in custody, examines the types of conflict situations that arise with their participation during the period of detention in a pre-trial detention centers. The study was conducted in pre-trial detention centers located on the territory of the Moscow Oblast in the period 2022–2023 (first quarter) years.

SOME ISSUES OF JUDGES DISCIPLINARY RESPONSIBILITY

Page:49-58

Release: 2023-4 (40)

DOI: 10.21777/2587-9472-2023-4-49-58

Annotation: The article describes the issues of the need to maintain a balance between the operation of the principle of independence of judges and measures of disciplinary responsibility. Attention is paid to the need to clarify the terminology in relation to the responsibility of judges, since it is unique and due to the special status of a judge. An analysis of decisions to bring judges to disciplinary liability led to the conclusion that there is no negative impact of disciplinary liability of judges on their independence, in addition the transfer of powers from the judiciary to the bodies of the judicial community provides a basic guarantee against unjustified prosecution and respect for the principle of judicial independence. It is substantiated that not the responsibility itself, but the nature of the disciplinary offense may contradict the principle of the independence of judges. Positive dynamics in the development of legislation on disciplinary liability of judges is noted. The problem associated with determining the necessary qualities of a candidate for the position of a judge, when deciding on a recommendation as a guarantee against possible violations of the law and the Code of Judicial Ethics, is indicated.

SOME PROBLEMS ASSOCIATED WITH JURY PROCEEDINGS AND THEIR PROSPECTIVE SOLUTIONS

Page:49-53

Release: 2023-2 (38)

DOI: 10.21777/2587-9472-2023-2-49-53

Annotation: Over the past 10 years, the institution of jurors in Russia has undergone significant changes. According to the Judicial Department at the Supreme Court of the Russian Federation, in 2022 courts of general jurisdiction with the participation of jurors considered 1096 criminal cases. The article highlights the problems of proceedings in court with the participation of jurors and also explores possible ways to solve these problems by amending the criminal procedure legislation. The purpose of the study is to highlight the problems of a theoretical, organizational, legal and law enforcement nature related to the production of a criminal case in court with the participation of jurors, to suggest promising ways to solve these problems. The methodological basis of the study was the formal legal method, comparative legal method, as well as general scientific methods of cognition.

SOME ASPECTS OF RECOVERY OF ALIMONY IN ENFORCEMENT PROCEEDINGS

Page:49-56

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-49-56

Annotation: The relevance of the topic under consideration lies in the desire to neutralize some of the problems that arise when collecting debts on alimony obligations, due to the increasing total debt and an increase in the number of enforcement proceedings for the recovery of alimony. The tasks of the study are a brief overview of the legislative regulation of the assignment of alimony and the process of their recovery, identification of problematic aspects on this topic. The purpose of the study is to highlight the problematic aspects of the forced recovery of alimony, with suggestions for their possible elimination. Methodological basis: formal legal method, comparative legal method, as well as general scientific methods of cognition. The article discusses some of the problems that arise when collecting debts on alimony obligations. The regulatory framework governing the procedure for paying alimony, as well as the procedure for the activities of the Federal Bailiff Service of Russia in this area is analyzed. Some factors that have both positive and negative impact on the recovery were studied. Recommendations and possible ways of resolving the existing problematic situations are given, namely, amendments to the current legislation in order to tighten the regime of entry into the territory of the Russian Federation of persons who are debtors of alimony obligations.

PROBLEMS OF QUALIFYING THE COMPOSITION OF THE ADMINISTRATIVE OFFENSE PROVIDED FOR PART 1 ARTICLE 20.1 OF THE CODE OF ADMINISTRATIVE OFFENSES OF THE RUSSIAN FEDERATION

Page:49-55

Release: 2023-1 (36)

DOI: 10.21777/2587-9472-2023-1-49-55

Annotation: The article deals with the problems of bringing to administrative responsibility for committing petty hooliganism, provided for in Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation. Taking into account the variety of forms of manifestation of petty hooliganism, the problems associated with the presence of many evaluative concepts as part of this administrative offense are revealed. It is noted that currently the concept and content of “obscene language” is not formulated in the legislation, there is no definition of a public place, which allows the law enforcement officer to determine whether the composition of this offense is present in the acts of persons independently, at his own discretion and convictions. The study also revealed other problems associated with this administrative offense, for example, such as the lack of a differentiated approach to sentencing. The study was conducted using scientific sources, judicial practice, as well as the draft Code of Administrative Offenses of the Russian Federation. Based on the analysis, recommendations are made aimed at improving the qualification of the composition of an administrative offense provided for in Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation

SUBJECTS OF CIVIL PROCEDURAL LEGAL RELATIONS: TRADITIONS AND INNOVATIONS

Page:52-57

Release: 2023-3 (39)

DOI: 10.21777/2587-9472-2023-3-52-57

Annotation: The article is devoted to the need to preserve fundamental approaches to the problem of subjects of civil proceedings based on the nature and presence of legal interest, but with the necessary rethinking of the current state of legislation and the needs of practice. The issue on the subjects of civil proceedings is of decisive importance for effective judicial protection. The insufficiency of legal regulation of persons participating in the case is shown. The definition of the parties given in the theory back in the last century does not correspond to the current state of practice, especially in cases where the subject of judicial protection is the rights and interests of minors, whose status is not at all defined in the law. The necessity of clarifying the status and name of the person acting in the interests of the group when filing a class action is substantiated. Attention is drawn to the fact that the Code of Civil Procedure of the Russian Federation does not single out a group of subjects that contribute to the administration of justice. On the basis of new approaches to the problem of legal interest, arguments are given in favor of changing the status of a representative in court. The article aims to identify the most problematic moments in the legal regulation of subjects of civil procedural legal relations in order to improve judicial protection.

DELIBERATIONS OF THE PARTIES AND LAST WORDS OF THE DEFENDANT IN COURT

Page:57-61

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-57-61

Annotation: The subject of the study – the norms of law, provisions of literature on the pleadings and the last word of the defendant. The purpose of the study is to identify the theoretical and legal features of the parties’ pleadings and the last word of the defendant. General scientific and special methods of scientific knowledge form the methodological basis of the research. Conclusions on the article are: the debate of the parties is formed from the speeches of the prosecutor and the defender; the issue on the order of speech is resolved by the court, but the prosecutor is always the first, and the defendant, his defender, is the last; at the stage of the debate of the parties, inadmissible evidence and those not presented in court proceedings cannot be mentioned. In this regard, Part 5 of Article 292 of the Code of Criminal Procedure of the Russian Federation should specify that the presiding judge has the right to stop persons participating in the debate, including in cases when they cite evidence not considered at the court session. The defendant (his/her defender) has the right of the last remark. Following the debate of the parties, the defendant may exercise the right to the last word. At this stage, he/she cannot be asked questions, nor is the duration limited.

SPECIFICITIES OF THE QUALIFICATION OF A MURDER COMMITTED IN A STATE OF AFFECT

Page:62-66

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-62-66

Annotation: The article discusses some features of the qualification of murder committed in a state of affect. The main objective and subjective features of this composition are considered, which serve to qualify the act in question in accordance with the criminal law norm. The scientific novelty of the article lies in the characterization of affect as a special feature of the corpus delicti. The establishment of this feature is particularly relevant due to the fact that affect is a mitigating circumstance provided for by the disposition of Article 107 of the Criminal Code of the Russian Federation. In the course of the research, both general scientific and private methods of cognition were used. The scientific and practical significance of the article lies in the possibility of using the main provisions of the study in the qualification of the considered corpus delicti and in the further development of the problems of criminal prosecution for murder in a state of affect.

CRIMINAL PROCEDURE FUNCTION: CONCEPT AND CONTENT

Page:67-71

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-67-71

Annotation: The subject of research in this article is the criminal procedure function, its concept and content. The main purpose of the study is the analysis of such a category of criminal procedural law as a criminal and procedural function. In order to achieve this goal, it seems necessary to identify the historical stages of the forming and development of the institution of criminal procedural function, the approaches of legal doctrine to the definition of the concept and content of the criminal procedural function, the essential characteristics of the institution under study, allowing to distinguish it from other criminal legal phenomena. The author’s judgments regarding the definition of the content and concept of criminal procedural function are substantiated. Various methods of cognition were used, including the historical method, the method of analysis and synthesis. In the course of the study the author comes to the conclusion that the content of the criminal procedure function and its inherent features are determined differently by scholars on legal procedure, which remains relevant from the point of view of modern legal doctrine.

ON THE ISSUE OF THE EVOLUTION OF THE INSTITUTE OF COMPENSATION FOR DAMAGES IN THE STATUTES OF RUSSIA

Page:5-10

Release: 2022-4 (35)

DOI: 10.21777/2587-9472-2022-4-5-10

Annotation: The article analyzes the provisions of the most significant, from a historical point of view, statutes regulating the relations that developed in connection with the violation of law and order and, as a consequence, causing losses. The study of the transformational features of the relations of harm caused by evolutionary processes is carried out. In the course of a brief study the authors come to the conclusion that the regulation of damages was ensured by fixing appropriate measures of adverse impact on the violator in various acts of authorities, but only in the second half of the XIX century this institution began to acquire the features of a truly legal one. These conclusions, in turn, determine further research interest in order to conduct scientific parallels and comparative analyses of the category under study in the framework of subsequent epochs, including modernity. It allows us to form ideas about the specificities of the evolution of legislative thought regarding the institution of compensation for damages with an explanation of the grounds for establishing a legal regime for damages at the present stage of development of Russian society and the state.

THE PRINCIPLE OF RESPECT FOR THE HONOR AND DIGNITY OF THE INDIVIDUAL IN CONJUNCTION WITH OTHER PRINCIPLES IN CRIMINAL PROCEEDINGS

Page:5-10

Release: 2022-2.1 (33)

DOI: 10.21777/2587-9472-2022-2.1-5-10

Annotation: The article presents the legal regulation of the requirement of respect for the honor and dignity of the individual in the criminal process of the Russian Federation. The consequences of violation of the principle of respect for the honor and dignity of the individual in criminal proceedings are considered. The problem of human rights protection for the current legislation is revealed. The subject of the study is the legal norms regulating the principle of respect for the honor and dignity of the individual. The purpose of the work, which was the identification of the features of the consequences of violating the principle of respect for the honor and dignity of the individual in criminal proceedings, was achieved through the general scientific methods used in the work (dialectical method, methods of analysis, synthesis, induction, deduction) and private scientific methods (legal analysis, comparative legal method). The conclusions formulated in the paper show the need for further improvement of legislation in the field of regulating the requirements of respect for the honor and dignity of the individual in the criminal procedure of the Russian Federation. The result of the work shows the importance of respect for the honor and dignity of the individual in the criminal procedure of the Russian Federation.

SUSTAINABLE DEVELOPMENT AS A CIVILIZATION OF MIND AND THE EURASIAN PROJECT

Page:5-11

Release: 2022-3 (34)

DOI: 10.21777/2587-9472-2022-3-5-11

Annotation: The purpose of this article is to reveal the fundamental importance of the forming of the idea of sustainable development as a worldview and paradigm of enduring cultural value. This does not mean underestimating the practical problems that need to be solved. However, if you start with them without creating a solid conceptual foundation, the idea of sustainability can repeat the fate of many bright ideas, the implementation of which began with great enthusiasm and ended in disappointment with dire consequences. This means that we must begin with the creation of a stable consonance of the spirit of the revolution with the revolution of the spirit. The Eurasian project provides an excellent opportunity for this. Sustainable development includes not only the economy, ecology and just society, but also spirituality, which raises responsibility to a sustainable moral imperative. The only possible perspective for Europe is substantiated – the creation of a humanistic civilization as a model, functioning as a fatherland of nations. The main aspects of sustainable development are economic, environmental, social and spiritual ones. Sustainability cannot be achieved at all if one of these aspects is neglected.

ON SOME ASPECTS OF THE EVOLUTION OF THE ELECTORAL LAW IN RUSSIA

Page:5-12

Release: 2022-2 (32)

DOI: 10.21777/2587-9472-2022-2-5-12

Annotation: The article describes the evolution of the electoral law in modern Russia in two main directions: the development of electoral law in terms of ensuring equal opportunities to vote and be elected; the development of electoral law in terms of independent observation of the preparation and conduct of elections. A brief review of the electoral system of the Soviet state in the sphere of the ability of citizens to exercise their active and passive suffrage is given. A number of international normative legal acts, as well as national legislation regulating the right to vote in the country are considered. It is noted that the approach to this institution of electoral law has been updated in the field of independent election monitoring. This is how the legal definition of the term “observer” is given, the scope of his duties and rights is outlined. It is noted that along with the election law, administrative and criminal law were transformed, new types of offenses were introduced. It is concluded that there are three main stages in the evolution of the Russian electoral system, within the framework of which equal opportunities to vote were formed, as well as the creation of election assessments independent of political preferences.

DIRECTIONS OF MODERNIZATION OF LEGISLATION (ADMINISTRATIVE AND CRIMINAL) IN CONNECTION WITH THE DEVELOPMENT OF A NEW VERSION OF THE FEDERAL LAW "ON BURIAL AND UNDERTAKING"

Page:5-9

Release: 2022-1 (31)

DOI: 10.21777/2587-9472-2022-1-5-9

Annotation: The article describes the problem of transparency of the “funeral” business, ensuring the balance of private and public interests in the burial and maintenance of cemeteries. Abuses in the sphere of the “funeral” business are analyzed, options for solving the problems indicated in the article are proposed. Special attention is paid to the improper activities of local governments in terms of organizing and maintaining burial sites, non-compliance with the rules for the intended use of land. As a result of studying the problems identified by the author, a positive assessment is given of the licensing of funeral services, which should clear the market of illegal participants, help fill the country’s budget and respect the rights and legitimate interests of the family members of the deceased. Based on open information and analysis of the draft Federal Law “On burial and undertaking”, the author proposes to amend the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation, aimed at preventing and suppressing socially dangerous acts in the implementation of entrepreneurial activities in the field of burial and undertaking.

ON THE ISSUE OF REACTUALIZATION OF THE SUFFRAGE OF YOUNG VOTERS IN RUSSIA

Page:10-16

Release: 2022-1 (31)

DOI: 10.21777/2587-9472-2022-1-10-16

Annotation: This paper discusses the methods of adjusting the level of affiliation of the young electorate and the reactualization of suffrage for this social group of the Russian population. The aim of the author is to analyze and identify the problems of overcoming political and electoral apathy among voters, in the age category up to 40 years. The topic of scientific research chosen by the author is relevant, due to the continuing high level of absentee reactions in Russian society, still weak percentages of voter turnout, especially for regional or municipal level elections, which calls into question the legitimacy of existing government institutions as a whole. As the main results of the author’s study of the problem, the main behavioral stereotypes in the electoral environment of young voters in Russia are given, forms and methods for reactivating suffrage in this social group are given, recommendations are presented for the effective inclusion of future voters and those who have already become them in the electoral process based on the formed knowledge, experience of interaction with government structures, a built civic position

THE ROLE OF THE COMMISSION IN THE EUROPEAN COMMUNITY SYSTEM IN THE SECOND HALF OF THE TWENTIETH CENTURY

Page:11-19

Release: 2022-4 (35)

DOI: 10.21777/2587-9472-2022-4-11-19

Annotation: The article describes the history of the creation and evolution of the institution of the Commission of the European Community (Community) in the second half of the XX century. Since the beginning of Western European integration this structure has played one of the key roles in the Community and continues to play now within the framework of the European Union. The relevance of the topic is justified by the interest in the European Union as a whole as the most successful regional integration association at the moment, claiming to be one of the centers of the multipolar world. The main aim of the article is to identify the functions, place and role of the Commission in the European Community. Document analysis, narrative, historical and chronological methods were used as key methods of work. The article provides an overview of the key powers of the Commission, shows their changes under the influence of the process of development of Western European integration. Attention is paid to the presentation of the Commission as a supranational body. The article analyzes the provisions of the fundamental treaties of the European Community: Paris, Rome, Brussels and the Single European Act. Conclusions about the powers and significance of the Commission within the framework of the integration association are made on their basis.

LEGAL REGULATION AND PROBLEMS OF PROVIDING STATE AND MUNICIPAL SERVICES TO CITIZENS (ON THE EXAMPLE OF BUDGETARY LEGAL RELATIONS)

Page:11-15

Release: 2022-2.1 (33)

DOI: 10.21777/2587-9472-2022-2.1-11-15

Annotation: The subject of the research in this article is the consideration of issues of providing state and municipal services to citizens. The purpose of the work is to study the legal regulation and problems of providing state and municipal services to citizens. The following methods were used during the research: methods of observation, description and comparison. General scientific and special methods made it possible to build a system of arguments on the basis of which the author came to scientifically based conclusions. The results of the work are presented in the conclusion. The scope of the results: administrative and municipal law, provision of state and municipal services to citizens. The following conclusions were made as a result of the research: an individual (citizen) is proposed to be understood as a citizen who has civil legal capacity, the content of which implies, among other things, the right to engage in entrepreneurial) and any other activity not prohibited by law, which leads to the fact that an individual can produce goods, perform work and provide services and receive funds from the budget for this. In our opinion, it is obvious that the transformation of the budgetary and legal status of individuals occurs when they enter into budgetary legal relations in the cases and under the conditions provided for by the budget legislation of the Russian Federation.

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.

RETHINKING THE DEFINITION OF ENVIRONMENTAL QUALITY AFTER THE COVID-19 PANDEMIC ON THE EXAMPLE OF REFORMS IN LEGISLATION (EXPERIENCE OF CANADA)

Page:19-25

Release: 2022-2 (32)

DOI: 10.21777/2587-9472-2022-2-19-25

Annotation: The COVID-19 pandemic has even had an impact on environmental change. Air pollution, which is classified as one of the biggest environmental problems affecting public health, changed as the pandemic progressed. Evidence has also emerged that polluted air increases the risk of contracting COVID-19 and contributes to an increase in the number of deaths among those infected. Thus, a pattern was found between air quality and the number of cases and deaths. The objective of the study is to briefly review Canada’s experience with environmental rulemaking in a pandemic environment. The aim of the study is to highlight the practical proposals of foreign jurisdiction on the analyzed issue, to reflect the advantages and disadvantages of the received experience. Methodological basis: formal-legal method, comparative-legal method, general scientific methods of knowledge. Rethinking the definition of legislative standards to the quality of the environment is considered in the area of effective and rapid struggle against pandemic in the future and for the sake of decent maintenance of environmental quality, which is the main direction of state policy in the field of environmental protection.

PROBLEMS OF LEGAL REGULATION OF CONSIDERATION OF CITIZENS’ APPEALS IN THE ELECTORAL LEGISLATION OF THE RUSSIAN FEDERATION

Page:20-25

Release: 2022-4 (35)

DOI: 10.21777/2587-9472-2022-4-20-25

Annotation: The subject of this study is the problem of legal regulation of the procedure for considering citizens’ appeals received by state authorities, local governments and election commissions on issues related to holding elections and exercising the electoral rights of citizens. For this purpose an analysis of the electoral legislation, legislation on the procedure for considering citizens’ appeals is carried out, their basic concepts, principles and methods of regulation are compared. As a result, conclusions are made about the main problems of the current legislation in the subject area and proposals for their elimination are proposed. The results of the study can be used both to improve legislation and to organize work on considering citizens’ appeals by election commissions of various levels, state authorities and local self-government. The legal regulation of the procedure for considering citizens’ appeals related to the exercise of electoral rights has a complex legal regulation that requires adjustments in order to improve the law enforcement process.

PREVENTION OF CORRUPT BEHAVIOR OF STATE CIVIL SERVANTS

Page:23-28

Release: 2022-2.1 (33)

DOI: 10.21777/2587-9472-2022-2.1-23-28

Annotation: The problem of corruption, especially in our country, is one of the most widespread and discussed in public circles. The origins of its formation originate from the time of the formation of the Old Russian state and the operation of the institute of “feedings”. The article discusses the conditions and grounds for preventing the manifestation of corrupt behavior by civil servants, which may affect the quality and objectivity of their managerial decisions and the performance of official duties. Such concepts as personal interest and conflict of interests are considered separately, which directly affect the state of corruption in the behavior of civil servants. The article also highlights the problems of implementing measures to prevent corrupt behavior of state civil servants and develops measures to resolve them. This will allow us both to solve the problems of the manifestation of the action of corruption-causing factors in the activities of public civil servants, and to increase the effectiveness of the fight against manifestations of corruption offenses in official activities.

CORRELATION OF THE UDRP PROCEDURE AND ARBITRATION PROCEEDINGS

Page:23-27

Release: 2022-1 (31)

DOI: 10.21777/2587-9472-2022-1-23-27

Annotation: The paper analyzes the features of the consideration of domain disputes under the UDRP procedure and the possibility of attributing such proceedings to arbitration. The purpose of the investigation is a brief overview of the experience of conducting proceedings both through UDRP and arbitration courts. The purpose of the investigation is to highlight the problems of the legal nature of the case under the UDRP procedure and arbitration proceedings. The methodological basis of the research was: the formal legal method, the comparative legal method, as well as general scientific methods of cognition. The conducted analysis allows us to conclude that dispute resolution using UDRP does not allow us to consider this mechanism as a kind of arbitration. However, it allows us to conclude that these alternative conflict resolution mechanisms have a number of common features. It is confirmed by the judicial practice cited in the work, especially in light of the fact that disputes over domain disputes will only expand, among other things, due to the constant increase in the volume of the economy in the field of information and communication technologies.

TO THE QUESTION OF THE CONCEPT OF "POLITICAL SYSTEM"

Page:24-30

Release: 2022-3 (34)

DOI: 10.21777/2587-9472-2022-3-24-30

Annotation: The interest and relevance of this problem is due to the constant increase in the strengthening of the politicization of society, the broad involvement of the population in it. The focus here is on the political system, where the initial understanding, characteristics for it is its definition, concept. In this regard, the main purpose of the report is an attempt to develop such a definition, as well as a description of the constitutional regulation of issues of the political system. It shall be noted that it is very difficult to offer one universal such here. This is due to the versatility, the multidimensional nature of the political system of a particular country. In our opinion, the axes of its definition are based on politics, that it is defined by certain institutions. Two types are named: structural and regulatory. Hence, the definition of a political system is proposed – a set of diverse and at the same time dynamically connected structural and regulatory institutions through which power is exercised in the state. First of all, three main research methods were used: dogmatic, historical and comparative.

EVIDENCE USED TO SUBSTANTIATE THE POSITION ON THE CLASSIFICATION OF GOODS FOR CUSTOMS PURPOSES

Page:26-33

Release: 2022-4 (35)

DOI: 10.21777/2587-9472-2022-4-26-33

Annotation: The article discusses the specificities of proving classification disputes arising between declarants and customs authorities. The author indicates the most common errors that arise in the process of identification and classification of goods for customs purposes. As an empirical material, the author examines current judicial practice, during the analysis of which it is concluded that the parties to the trial are not always ready to substantiate their position on the choice of the classification code of the goods. Various materials may be cited as evidence, but each evidence individually is not decisive, none of the evidence has a pre-established force for the court and is subject to evaluation in conjunction with other evidence. In this regard, the author provides several practical recommendations on the list of evidence that can be used when the parties justify their position on the issue of attributing goods to a specific commodity item.

ON THE ISSUE OF THE PRACTICE OF APPLYING THE REGULATIONS OF THE RF CIVIL CODE ON THE ESSENTIAL TERMS OF THE SALE AGREEMENT

Page:26-29

Release: 2022-2 (32)

DOI: 10.21777/2587-9472-2022-2-26-29

Annotation: The article analyzes the law enforcement practice on the issue of determining the essential terms of the sale agreement and illustrates the adoption of opposite decisions on similar legal issues by the courts. The authors cite data confirming not so much the importance of scientific discussion on the list of essential terms of the sale agreement in general and its individual varieties in particular, as the urgent need to form the position of the highest court on this issue and its presentation in the relevant acts of the judiciary. In the course of a brief study the authors come to the conclusion that the legal regulation of this issue is not without declarative features in such general legal principles as justice and legality. Precisely this, in turn, confirms the urgent need to form the position of the highest judicial instances on the issue of the list of essential terms of the sale agreement and its presentation in the relevant acts of the judiciary.

THE USE OF DIGITAL SYSTEMS IN THE ACTIVITIES OF CORRECTIONAL INSTITUTIONS AND PRE-TRIAL DETENTION CENTERS

Page:28-32

Release: 2022-1 (31)

DOI: 10.21777/2587-9472-2022-1-28-32

Annotation: The paper investigates the issues of the implementation of modern digital technologies, technical means necessary to ensure the regime and supervision, security, safety of personnel, convicts, persons in custody, as well as other persons interacting with the system of execution of criminal penalties in the activities of management bodies and institutions of the penal enforcement system of Russia. The study was conducted in the period from 2003 to 2021 in the Moscow oblast, Smolensk oblast, Murmansk oblast, Ryazan oblast, Kalmykia region and Moscow. The purpose of the investigation is to assess the implementation of digital technologies and systems in the activities of institutions and bodies executing criminal penalties, executing a preventive measure in the form of detention, to ensure an appropriate regime, ensuring the safety of convicts, suspects, accused detainees, employees of the penal enforcement system and other persons, the realization of their rights, duties and legitimate interests. The activity of institutions of the penal enforcement system related to the execution of criminal punishment in the form of imprisonment, the execution of a preventive measure in the form of detention, as well as the activities of the Federal Penitentiary Service of the Russian Federation were investigated.

CONSUMER PROTECTION AND SOME ASPECTS OF ADMINISTRATIVE RESPONSIBILITY IN THE FIELD OF ADVERTISING

Page:29-33

Release: 2022-2.1 (33)

DOI: 10.21777/2587-9472-2022-2.1-29-33

Annotation: Advertising is an integral part of modernity. The article describes the problematic issues of legal regulation of consumer protection in the field of advertising, as well as administrative responsibility in the proposed area. The problems of advertising alcoholic and non-alcoholic products have been studied, including those, which arise when the advertising is made by bloggers. Various positions of lawyers are presented and analyzed. The problem of illegal inaction of public authorities is highlighted. In this regard, an analysis of the powers of public authorities in the field of advertising is given. In addition, the emphasis is on studying the “insignificance” of an offense in the field of advertising. The circumstances of insignificance are highlighted, the opinions of scientists are given, and judicial practice in the proposed area is also investigated. The issue of the possibility of sending advertising by electronic means is considered. Based on the analysis, the relevant conclusions were made and prospects for the development of the above-mentioned legal relations were proposed. The main proposals include: increasing the fine for bloggers; reduction in the level of advertising of non-alcoholic products and others. It also highlights the need to pay attention to combating corruption in the field of advertising circulation.

ACTIVE REPENTANCE: LEGAL NATURE AND CRIMINAL LAW CHARACTERISTICS

Page:30-36

Release: 2022-2 (32)

DOI: 10.21777/2587-9472-2022-2-30-36

Annotation: The article describes the features of exemption from criminal liability due to the active repentance. The relevance of the topic of the article is predetermined by the significance of the institution of exemption from criminal liability in the general mechanism of the implementation of criminal policy, which is based on the principles of justice and humanism. The humanistic foundations of modern criminal policy presuppose the existence of mechanisms for the exemption of guilty persons from criminal liability, but the Russian criminal policy – the existence of alternative measures to bring to justice, including exemption from it, among other things, on the basis of active repentance. The purpose of the article is to identify legislative gaps and problems in the implementation of norms regulating exemption from criminal liability due to active repentance. As a result of the study, proposals were formulated to improve the norms of the Criminal Code of the Russian Federation regulating the grounds for exemption from criminal liability due to active repentance. It is proposed to systematize the norms allowing the application of Part 2 of Article 75 of the Criminal Code of the Russian Federation, but Part 2 of Article 75 of the Criminal Code of the Russian Federation should be supplemented with an indication of mandatory exemption from criminal liability and a list of articles of the Special Part of the Criminal Code containing relevant notes.

DIGITAL AND ANALOGUE COPYRIGHT LAW: ARE THE PRINCIPLES DIFFERENT?

Page:31-37

Release: 2022-3 (34)

DOI: 10.21777/2587-9472-2022-3-31-37

Annotation: Copyright law is based on certain principles (fundamental ideas). The issue on the relevance of the principles of analogue copyright law in the digital age is debatable. The purpose of this article is to identify and conceptualize the principles of copyright law in the analogue and digital eras. The author of the article analyzes five such principles: the principle of protection of a works form; the principle of automatic copyright protection; the principle “the author is a individual who created the work”; the principle of recognition of the inalienable moral rights of the author; the principle of a closed list of cases of free use of a work. It was concluded that these principles are the same for digital and analogue copyright. At the same time, specific transformations are gradually brewing within each of the principles in the digital age. For example, the principle of automatic copyright protection seems irrelevant and ineffective today. The study used general scientific, formal-logical methods of cognition.

ON SOME PROBLEMS ARISING IN THE ACTIVITIES OF THE BODIES OF PRELIMINARY INVESTIGATION IN THE IMPLEMENTATION OF DETENTION IN ACCORDANCE WITH THE NORMS OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION

Page:33-38

Release: 2022-1 (31)

DOI: 10.21777/2587-9472-2022-1-33-38

Annotation: The paper is devoted to the consideration of the problems of detention of a suspect by the bodies of preliminary investigation and ways of their possible solution. At the same time, the author touches upon problematic issues related to the regulation of the grounds, procedure and terms for the detention of a suspect, improper enforcement of the legality of the implementation of this measure of procedural coercion and maintaining the secrecy of the detention of a suspect. Particular attention is also paid to the study of the issues of detention of the accused, the norms on the direct regulation of which the Code of Criminal Procedure does not contain. The article analyzes the issues of legal regulation of detention and interpretation of norms both in the Soviet Union and at present. The author concludes that it is necessary to regulate the issue of detention of the accused in the current Code of Criminal Procedure of the Russian Federation, which would correspond to the requirement established in Part 1, Art. 1 of the Code of Criminal Procedure of the Russian Federation on the procedure for criminal proceedings on the territory of the Russian Federation, based on the Constitution of the Russian Federation. It is proposed to amend paragraph 1 of part 1 of Art. 91 Code of Criminal Procedure of the Russian Federation.

ON THE PROBLEM OF THE STAGE OF THE SENTENCE EXECUTION

Page:34-39

Release: 2022-4 (35)

DOI: 10.21777/2587-9472-2022-4-34-39

Annotation: Over the past 30 years, the problem of stages of criminal proceedings has been actively discussed in the scientific literature. The range of opinions in the discussion is significant, but most of all in the system of stages, the need to preserve the stage of execution of the sentence is questioned. Both in the previous and in the current Code of Criminal Procedure of the Russian Federation, the legislator did not consider it necessary to normalize the concept and types of stages of the criminal process, which largely determines the debatable nature of the problem. The overwhelming majority of researchers who do not support the established position on the execution of a sentence as one of the stages of the criminal process, focus on its features that are not characteristic of other stages. At the same time, beyond the scope of study, as a rule, there remains the general issue that unites all stages into a system – the subject of the branch and the legal relations that develop in the process of implementing the goals of criminal proceedings. The conducted research allows us to confidently confirm the correctness of the traditional scientific approach, according to which the execution of a sentence is the final stage of the criminal process. The authors consider it necessary to fix the definition of the stage of criminal proceedings in the Code of Criminal Procedure of the Russian Federation and list their types.

FIGHT AGAINST CORRUPTION IN THE PUBLIC SERVICE SYSTEM OF THE RUSSIAN FEDERATION

Page:34-38

Release: 2022-2.1 (33)

DOI: 10.21777/2587-9472-2022-2.1-34-38

Annotation: The article is devoted to the fight against corruption in the public service system of the Russian Federation. The purpose of the work is to analyze the problems of combating corruption in the public service system of the Russian Federation and propose ways to solve them. Research methods include analysis, synthesis, formal and legal methods. The results of the work consist in the fact that the author formulated the moral principles that employees should be guided by in their activities in order to prevent corruption, and also suggested ways to improve the current legislation. The scope of the results application is legal relations in the field of combating corruption in the public service system of the Russian Federation. Despite a fairly extensive range of regulatory legal acts in the public civil service system, they contain a number of gaps and contradictions that need to be worked out. In order to solve the problem of corruption, the use of mechanisms for the prevention of corruption manifestations is effective. In addition, the adjustment of legislative provisions is required. The administrative and criminal legislation should define the composition of corruption administrative offenses and crimes, and criminal liability should be associated with the repeated commission of a similar offense.

SOME FEATURES OF THE LEGAL STATUS OF A PERSON IN RESPECT OF WHOM A PRE-TRIAL AGREEMENT ON COOPERATION IS CONCLUDED

Page:37-40

Release: 2022-2 (32)

DOI: 10.21777/2587-9472-2022-2-37-40

Annotation: The article describes the legal status of the suspect (accused), with whom a pre-trial agreement has been concluded on cooperation, since the analysis of the practice of implementing the norms does not give reason to believe that the versatility of the procedural position of the subject in question is fully taken into account. However, his interest in the outcome of the preliminary investigation raises questions about what effect can be achieved, taking into account the changes made to the current legislation. A person must clearly understand in what capacity he will act in a particular criminal case. Therefore, the lack of an opportunity to obtain clarifications regarding his rights, obligations and liability for violation of established requirements may lead to a violation of the rights of other participants in criminal proceedings. The article also pays attention to the consideration of the interdependence of the rights and obligations of the specified person with the legal guarantees of other participants in criminal proceedings and the rationale for the need to resolve a number of legal issues in order to eliminate possible negative consequences of law enforcement activities.

SOME ASPECTS OF COMPARATIVE LAW RESEARCH IN PRIVATE INTERNATIONAL LAW

Page:38-42

Release: 2022-3 (34)

DOI: 10.21777/2587-9472-2022-3-38-42

Annotation: The article is devoted to the study of the connection between two legal sciences: comparative law and private international law. The author shows the systemic interaction of both sciences. Their intersection is observed: in the general history at the initial stage of their forming and development; in the use of the comparative legal method as one of the central methodological tools for adapting the norms of international law to regulate civil law relations with the participation of a foreign element; in the active role of the norms of international public law on the issues of civil law cooperation of states in the process of unification of the norms of PIL; in the case of litigation of a dispute involving a foreign element and the court resorts to the comparative legal method as a tool that allows correctly identifying the applicable elements of foreign law. On the other hand, PIL creates ample opportunities for comparative legal analysis, supplying researchers with "primary material" of real life situations from various legal systems.

LEGAL ASPECTS OF ARTIFICIAL INTELLIGENCE

Page:39-43

Release: 2022-2.1 (33)

DOI: 10.21777/2587-9472-2022-2.1-39-43

Annotation: The article is devoted to consideration features of artificial intelligence, its place in modern scientific sphere, resolution of disputes about the prospects and risks of its wider application. The rapid development of artificial intelligence has led to the urgent need to expand the boundaries of legal regulation and identify ways to resolve copyright issues for works created by artificial intelligence. In this regard, it is relevant to explore the definition of artificial intelligence, as well as the legal risks of its use and ways to overcome them. Today Russia has significant competitive advantages in the field of digital technologies and the legal dissemination of artificial intelligence, including due to the strong natural science school of the country, the availability of basic physical and mathematical education and competencies in the field of programming. The task of the domestic jurisprudence is to promote timely regulatory support, proper and legal registration of AI-technologies. The practical significance of the research lies in the search for optimal legal regulation of artificial intelligence, which will facilitate the unhindered introduction of the latest technologies capable of performing legally significant actions independent of a human.

CRIMINAL-LEGAL CHARACTERISTICS OF THE MURDER OF A NEWBORN CHILD BY A MOTHER

Page:39-47

Release: 2022-1 (31)

DOI: 10.21777/2587-9472-2022-1-39-47

Annotation: The Constitution of the Russian Federation guarantees everyone the right to life. Human life is an absolute value that is protected regardless of gender, age, race or other circumstances. Criminal legislation plays a special role in its protection. In fulfilling this role, the Criminal Code of the Russian Federation contains a number of important articles on the protection of life, mainly focused on chapter 16 of the Criminal Code of the Russian Federation. Crimes against the life of children occupy a special place among crimes against the person, since children are among the most vulnerable groups of people. The objective side of the crime under Art. 106 of the Criminal Code of the Russian Federation is characterized by the act, the consequences in the form of the death of a newborn and the causal relationship between the act of the mother and the death of the newborn. The object of the crime is the life of a newborn child. In fact, Art. 106 of the Criminal Code of the Russian Federation provides for three types of murder: murder by the mother of a newborn child during or after childbirth; murder by the mother of a newborn child in a traumatic situation; murder by the mother of a newborn child in a mental disorder that does not exclude sanity.

ANALYSIS OF LAW ENFORCEMENT PRACTICE OF COLLECTING AND CONFIRMING EVIDENCE IN EXTREMIIST CRIMINAL CASES

Page:40-45

Release: 2022-4 (35)

DOI: 10.21777/2587-9472-2022-4-40-45

Annotation: The legislator pays considerable attention to the suppression, disclosure, investigation and prevention of extremist crimes. Therefore, the struggle against crimes of this category is an important direction in the fight against crime, both on the part of law enforcement agencies and the state as a whole. The article analyzes the reasons for initiating a criminal case. It is noted that the reasons for initiating a criminal case of an extremist orientation are operational-search activities carried out by operational units, reports from tax authorities, information received directly from persons involved in other crimes. The procedural features of conducting individual investigative actions are investigated. It is emphasized that the conduct of investigative actions in this category of criminal cases is mainly associated with the seizure of information from electronic devices. The seized information is subsequently the subject of various forensic examinations. The author identifies some shortcomings in law enforcement practice for recording information in electronic form, as well as shortcomings and errors in the appointment of forensic examinations. Possible ways of resolving procedural problems are indicated.

ON REGULATORY CRIMINAL-AND-LEGAL RELATIONS AND ITS ELEMENTS

Page:41-46

Release: 2022-2 (32)

DOI: 10.21777/2587-9472-2022-2-41-46

Annotation: The purpose of the work is to study regulatory criminal-and-legal relations and its elements as a debatable category in the theory of criminal law. The relevance of the topic is determined by the presence of different opinions of scientists on the essence and content of regulatory criminal-and-legal relations, their relationship with criminal law relations and criminal liability. During the study of the issue, general scientific and private scientific research methods were used: dialectical, formal-logical, system-structural. The article analyzes the history of the issue of regulatory criminal-and-legal relations recognition in the general theory of law and the theory of criminal law, the contribution of individual scientists to the development of its concept. The article examines the moment of the initial emergence of these legal relations and their connection with the fact of publication and operation of criminal law norms, the characteristics of these legal relations from the point of view of their classification in the theory of law. The elements of the structure of regulatory criminal law relations (object, subjects, content) are considered, their relationship with positive criminal responsibility and criminal law behavior is determined, the author’s opinion on the issues under consideration is expressed.

THE CONCEPT OF A SELF-REGULATORY ORGANIZATION AND ITS PLACE IN THE SYSTEM OF NON-PROFIT LEGAL ENTITIES

Page:43-49

Release: 2022-3 (34)

DOI: 10.21777/2587-9472-2022-3-43-49

Annotation: In modern civil turnover non-profit organizations have a number of important functions, including solving problems that the state system cannot cope with. In this regard one of the main trends of the institution of legal entities in Russian Federation is the transfer of non-profit organizations’ activities from the scope of private law regulation to the sphere of public law. At the same time most of the self-regulatory organizations are created and function precisely as non-profit legal entities. The article describes the features of the concept of self-regulation and selfregulating organization, its main features and functions as a non-profit corporate legal entity. The research uses general scientific, formal and logical methods of cognition. The author comes to the conclusion that self-regulation institution has an inter-branch legal nature being an element of the method of public relation regulation in civil law and also functions within certain public legal boundaries. The legal definition of a self-regulating organization makes it possible to consider it as a non-profit legal entity with the main characteristics of a corporation.

MONITORING AS A NECESSARY PART OF THE BANKRUPTCY PROCEDURE AND THE INCOMPLETENESS OF THE RESTRUCTURING PROCEDURE OF SMALL AND MEDIUM-SIZED BUSINESSES

Page:44-50

Release: 2022-2.1 (33)

DOI: 10.21777/2587-9472-2022-2.1-44-50

Annotation: The experience of Russia shows that those enterprises that have entered the bankruptcy procedure, as a rule, cease their activities. At the same time, it should be noted that various methods exist abroad and are more actively used to prevent a company from being brought to bankruptcy. For example, in Western Europe, about 75 % of “problem” enterprises restore their solvency before the start of the litigation process. In the event that bankruptcy is inevitable, this procedure considered as a judicial way of restructuring the business of debtor organizations. The article shows that the choice of a system of entry into the bankruptcy procedure, different from the national models used, through the monitoring procedure is justified and has as a basis not only a formal legal aspect, which the Constitutional Court of the Russian Federation pointed out in its ruling, but also a deep economic sense based on the political economy of K. Marx, on principles of capital forming and its turnover. The methodological basis was formed by formal-legal, comparative-legal methods. The article proposes one of the possible ways to restore the activities of a limited category of enterprises belonging to small and medium-sized businesses.

PERFORMANCE OF AN OBLIGATION BY A THIRD PARTY AS A BASIS FOR ITS TERMINATION

Page:46-51

Release: 2022-4 (35)

DOI: 10.21777/2587-9472-2022-4-46-51

Annotation: The performance of obligations by a third party often leads to practical problems and fails to adequately protect the rights of its participants. The purpose of the article is to find the most effective criteria for distinguishing obligations performed by a third party, as well as possible options for their subsequent action in connection with this circumstance. The methodological basis of the article is a set of dialectical and systematic research methods, as well as a teleological approach, according to which third parties perform obligations for the debtor, which affects their termination in different ways. The classification of these obligations on various grounds is given on the example of subrogation claims, a surety agreement and a property insurance contract. The author’s position regarding third parties as participants in obligations that do not have an independent claim, but carry the function of performing the obligation, is reasoned. The proposals to improve individual articles of civil legislation, allowing to eliminate gaps in legal regulation, are made.

JUDICIAL REVIEW OF CRIMINAL CASES INITIATED AGAINST MINORS: TRENDS, PROBLEMS AND WAYS TO SOLVE THEM

Page:47-51

Release: 2022-2 (32)

DOI: 10.21777/2587-9472-2022-2-47-51

Annotation: This article analyzes the problems of legal proceedings against persons under the age of majority, for several reasons, in particular: motherhood and childhood, the family are under special protection of the state, which is reflected in the basic law of our country, through the prism of the discussion relevant in recent years on the development of juvenile justice, and the development of specialized approaches to consideration of the categories of criminal cases mentioned above. The research objective is a brief review of the experience of conducting proceedings in the selected category of cases. The purpose of the study is to highlight the problems of the legal nature of the case. The methodological basis of the research was: the formal legal method, the comparative legal method, as well as general scientific methods of cognition. The conducted analysis allows us to conclude that the mechanism of judicial protection of the rights and legitimate interests of minors envisaged in the criminal procedure legislation needs to be improved, which is possible through moderate reception of positive foreign experience, for example, due to a more detailed and accurate interpretation of the provisions of the norms of the relevant procedural code.

INTERNATIONAL LEGAL MECHANISMS OF ENSURING THE RIGHT TO EDUCATION

Page:48-54

Release: 2022-1 (31)

DOI: 10.21777/2587-9472-2022-1-48-54

Annotation: The paper describes the main directions of international legal cooperation in the field of ensuring the right to affordable and high-quality education for all. The problems of ensuring the right to education at the universal level, including those related to changes in the education system caused by the Covid-19 pandemic, have been identified. The purpose of the work, in particular, identification of features of international legal mechanisms for ensuring the right to education, was achieved through the general scientific methods used in the work (dialectical method, methods of analysis, synthesis, induction, deduction) and special scientific methods (legal analysis, comparative legal method). The conclusions formulated in the paper show the need for further improvement of international cooperation between states in the field of providing affordable and high-quality education for all, taking into account the conditions of modern society. The result of the work shows the importance of the right to education for both international and national law, as well as the influence of international education standards on domestic mechanisms for its implementation.

THE MAIN PROPRIETARY METHODS OF PROTECTING CIVIL RIGHTS

Page:50-57

Release: 2022-3 (34)

DOI: 10.21777/2587-9472-2022-3-50-57

Annotation: The relevance of this article is due to the lack of unity of approaches in the scientific doctrine in relation to proprietary methods of protection. The imperfection of the current legislation and law enforcement practice necessitates a new scientific understanding of the civil law categories of property law. In this regard, this article presents the author’s view on the resolution of theoretical problems related to the stated topic. The subject of the research is normative legal acts, law enforcement practice and scientific concepts related to the main proprietary legal methods of protecting civil rights. The aim is to form an integrated approach to the understanding of property law methods of protection. The research methodology involves the use of both general scientific (analysis, classification, analogy) and private scientific methods of cognition (system-structural, method of interpretation, modeling). The article gives a procedural description of the two main proprietary legal methods of protection – vindication and negatory claims, including by analyzing the elements of these claims. The conclusions relate to the need to form a unified legislative concept on proprietary methods of protection, to determine the legal nature of the requirement to release property from arrest, as well as the conditions for the effectiveness of the use of various proprietary methods of protection.

ON THE WAY TO REDUCE THE BURDEN ON THE LEGISLATIVE BODY OF RUSSIA

Page:51-56

Release: 2022-2.1 (33)

DOI: 10.21777/2587-9472-2022-2.1-51-56

Annotation: The study object of this article is the burden on the legislature of Russia, and the subject of research is to find the way to reduce it. The purpose of the work is to consider the statutory instruments of corporate bodies as the source of law, in order to cope with the burden on the legislature of Russia. The following basic methods were applied in order to achieve this goal: statistical analysis and comparative law analysis. The statistics from official government resources have been used for the analysis, the opinions of various scientists on specific problems and related issues have been studied. The result of the research shows that there is a tendency to constantly increase the amount laws and a constant novelization of legislation also exists. Furthermore, in the course of the study, a negative reaction of society to the phenomena mentioned above has been revealed. Recognition of statutory documents of legal entities as normative legal can be considered as a way to solve the problem. The proposed method will in theory give a number of positive consequences, such as the promotion of the trend of self-regulation of organizations. As a consequence it will give a more trusting relationship between legal entities and legislative and judicial authorities. As a result of the research, it can be considered that the proposed idea deserves more detailed consideration and further development.

VIDEOCONFERENCING AND ITS INFLUENCE IN PROVING IN ARBITRATION AND CIVIL PROCEEDINGS

Page:52-56

Release: 2022-4 (35)

DOI: 10.21777/2587-9472-2022-4-52-56

Annotation: The subject of study in the article is a set of norms of civil, arbitration procedural legislation governing the use of videoconferencing in a trial. The aim of the work is a comprehensive study of the legal norms that characterize the appointment and conduct of a trial in arbitration and civil proceedings in the mode of videoconferencing. The methods of comparative analysis, comparative legal research and characteristics, methods of dialectical analysis, methods of philosophical and philosophical-legal analysis and other methods of scientific knowledge are used in the work. According to the results of the conducted work it was found that the definition of the concept of videoconferencing goes beyond the limits of legal and procedural regulation, is a supra-legal and supra-procedural phenomenon, associated with reasons of force majeure and extraordinary nature. The results of the work can be applied both in the theoretical and practical areas of application and purpose of the videoconferencing, are of interest for the doctrinal interpretation of the arbitration process as a science.

DIGITALIZATION AS A NEW CONDUIT BETWEEN THE PERSONS INVOLVED IN THE CASE (ON THE EXPERIENCE OF AUSTRALIA AND CHINA)

Page:57-62

Release: 2022-2.1 (33)

DOI: 10.21777/2587-9472-2022-2.1-57-62

Annotation: The potential of the analogy of law, which made it possible to find new forms and methods of interaction with litigants, was actively developing in the conditions of the pandemic. The article reveals some problems of the functioning of the judicial systems of the studied countries in order to highlight the advantages and disadvantages of this experience. The task of the study is a brief review of the experience of civil proceedings in the context of a pandemic on the example of Australia and China, consideration of certain aspects of the digitalization of justice. The purpose of the study is to highlight the practical proposals of foreign jurisdictions to increase the accessibility of justice, to reflect the advantages and disadvantages of the experience gained in modernizing approaches to the use of information technology. Methodological basis is the formal legal method, comparative legal method, as well as general scientific methods of cognition. The analysis of foreign experience of working in a crisis situation allows us to formulate ideas for the future, highlighted by the conditions of the pandemic and requiring public discussion. It is significant that a number of mechanisms of the two independent systems proposed for implementation have common fundamental features: the transition to the active use of videoconferencing, including with parties located abroad, the availability of mechanisms for suspending procedural deadlines during the pandemic.

WESTERN AND BYZANTINE INFLUENCE IN MEDIEVAL SERBIA AND BOSNIA

Page:5-10

Release: 2021-4 (30)

DOI: 10.21777/2587-9472-2021-4-5-10

Annotation: Medieval Serbia and Bosnia were in direct contact with Western Europe and Byzantium. Bosnia was part of Rascia (Serbia) until the middle of the 10th century, and since then it has embarked on the path of independent development. At that time, Bosnia was under Byzantine domination, and later, by virtue of Hungary, Western influence prevailed. Both Western and Byzantine influences are visible in medieval Serbia. Since the time of Stefan Nemanja and his son Sava (Saint Sava), Byzantine influence has prevailed. The dual, Western and Byzantine influences on medieval Serbia and Bosnia will be presented through the analysis of four issues: state system, social organization, the penal system and the spiritual (ecclesiastical) area.

THE RIGHT TO STAND FOR THE POSITION OF A PUBLIC OFFICIAL IN THE CONDITIONS OF DIGITALIZATION

Page:5-11

Release: 2021-2 (28)

DOI: 10.21777/2587-9472-2021-2-5-11

Annotation: The article describes the legal risks of digitalization of the work of public officials, identifies the types of public service subject to digitalization, gives the concept of civil service, investigates the introduction of digital technologies into the procedure for candidates appointments. The author concludes that it is necessary to improve legislation based solely on the specifics of professional official activities and the status of public officials engaged in official activities. It is concluded that digitalization transforms decision-making processes, the introduction of “digital government” technology, the provision of civil services through Internet platforms and the digitalization of lawmaking.

LEGITIMIZATION OF THE BUREAUCRATIC APPARATUS OF RUSSIA IN THE FIRST HALF OF THE XIXth CENTURY

Page:5-12

Release: 2021-1 (27)

DOI: 10.21777/2587-9472-2021-1-5-12

Annotation: This paper discusses the main stages of the legitimization of the bureaucratic apparatus in Russia in the first half of the XIXth century. The author‘s purpose is to analyze the political measures of the Russian government aimed at modernizing the structure, organization and activities of the bureaucracy at both the central and local levels during this period. This topic is relevant in the context of increasing public interest in the efficiency of the functioning of the state apparatus of Russia and its improvement. The historical experience of the authorities in the organization, regulation, as well as the quantitative and qualitative development of domestic bureaucracy deserves attention. As the main results, the author formulates the requirements for officials that have developed at the legislative level. It is concluded that by the middle of the XIXth century, the bureaucratic apparatus had become one of the main forces in the state and society of Russia.

THE STATE ASSEMBLY AFTER THE BATTLE OF KOSOVO IN 1389: SERBIA AT THE CROSSROADS

Page:11-15

Release: 2021-4 (30)

DOI: 10.21777/2587-9472-2021-4-11-15

Annotation: The article discusses the session of the State Assembly (Sabor) held in 1389, after the battle of Kosovo, the death of Prince Lazar and great losses. The Assembly, headed by Princess Milica, who ruled in the name of the underage Prince Stefan, decided to subjugate the country to Sultan Bayazid and to let him marry Princess Olivera, Stefan’s sister. The author analyzes the few available sources that mention this Assembly, and the significance of its decisions.

WHAT IS THE PRINCIPLE OF CONSTITUTIONALISM IN RUSSIA?

Page:12-16

Release: 2021-2 (28)

DOI: 10.21777/2587-9472-2021-2-12-16

Annotation: One of the important resources for the sustainability of all political regimes is legitimacy. According to the general theory of legitimacy, the reasons and conditions for placing trust in the society of the dominant political class for finding it in power are explained, using the available symbolic, moral and legal tools to guarantee self-legitimation. If we talk about modern states governed by the rule of law, then the basis of legitimacy is usually associated with the national supreme law – the constitution, that is, its fundamental values, principles and norms, just like the approval of them by society regarding their application by state institutions and officials. Each significant revision of the main state at the same time means both a challenge to the previously established legitimacy and an attempt to “make a new constructor”. The nationwide vote on amendments to the Constitution, held from June 25 to July 1, 2020, revealed that the public’s credit of the current concept of public administration and personally to the head of state during the previous presidential elections has been proven.

ON THE RESPONSIBILITIES OF THE SPOUSES: HISTORICAL AND LEGAL COMPREHENSION

Page:13-16

Release: 2021-1 (27)

DOI: 10.21777/2587-9472-2021-1-13-16

Annotation: The modern approach to the institutions of marriage and family is considered in the context of historical and comparative legal analysis of legislative acts, as well as dogmatic norms of church law. Considerable attention is paid to the responsibilities of spouses as moral and legal regulators of family relations. Based on the traditional meanings and values of marriage, a consistent ethization of the family legislation of Russia is proposed, which will allow avoiding neoliberal tendencies that significantly hamper the development of modern family policy.

LEGAL ASPECTS OF SUPPORTING YOUNG SCIENTISTS IN THE RUSSIAN FEDERATION

Page:16-24

Release: 2021-4 (30)

DOI: 10.21777/2587-9472-2021-4-16-24

Annotation: Science in the Russian Federation is included in the main national priorities, therefore maximum attention is required to the state of science as a whole and to improve the level of its attractiveness. The main goals for the near future are import substitution, reducing dependence on the supply of innovative equipment, raw materials and materials from abroad, achieving the level of world scientific leaders, as well as reducing the outflow of scientists. This can be achieved, among other things, by increasing the attractiveness of science for young professionals. The article provides an analysis of the legal framework for supporting young scientists in the Russian Federation, assesses its structure and ways of further improvement.

FEATURES OF THE IMPLEMENTATION OF THE STATE’S DEFENSE FUNCTION IN THE USSR AND THE RUSSIAN FEDERATION: HISTORICAL ASPECT AND CURRENT STATE

Page:17-23

Release: 2021-2 (28)

DOI: 10.21777/2587-9472-2021-2-17-23

Annotation: This article is devoted to the analysis of the function of state defense against external aggression at the present stage of state and legal development, the views of legal scholars on the content of this external function of the state and the form of its implementation, the reflection of the function of state defense in the Constitution of the Russian Federation and the current military doctrine of the Russian Federation. The article also describes the features of the structure of the military-industrial complex of the USSR, in particular, during the Great Patriotic War, and modern Russia, suggests possible ways to improve the effectiveness of the implementation of the external function of the state.

CONSTITUTIONAL AND LEGAL STATUS OF THE PROSECUTOR’S OFFICE OF THE RUSSIAN FEDERATION AND THE PROSECUTOR’S OFFICE OF THE PRIDNESTROVIAN MOLDAVIAN REPUBLIC: COMPARATIVE ANALYSIS

Page:17-21

Release: 2021-1 (27)

DOI: 10.21777/2587-9472-2021-1-17-21

Annotation: The Russian Federation, one of the world powers, and the Pridnestrovian Moldavian Republic, an unrecognized state, in their Constitutions positioned themselves as legal. Such a constitutional norm rather defines the purpose, but not the statement of the development level of the institutions inherent in the rule of law. Article 2 of the Constitution of the Russian Federation and Article 16 of the Constitution of the PMR, which impose on the state the obligation to protect human and civil rights and freedoms, have a direct effect, as do the norms of paragraph 1 of Article 45 of the Constitution of the Russian Federation and Article 45 of the Constitution of the PMR, which enshrine state guarantees for the performance of these duties. To varying degrees, all links of the state mechanism are involved in the mechanism of implementation of these guarantees, but the institute of the Prosecutor’s Office occupies a special place. A comparative characteristic of the constitutional status of the Prosecutor’s office in the Russian Federation and the PMR is given.

THE CONSTITUTION OF RUSSIA AS THE MAIN SOURCE OF ADMINISTRATIVE LAW

Page:22-27

Release: 2021-1 (27)

DOI: 10.21777/2587-9472-2021-1-22-27

Annotation: A special source of administrative law is the Constitution of the Russian Federation, which enshrined the system of forms of law in this branch. The paper discusses the positions of scientists who note its hierarchical and multilevel nature. The paper contains an analysis of the principles relevant to administrative law, which determine the aims of improving administrative legislation based on the political and social values of the modern state and society. They lay the foundation for the creation of administrative and public bodies, determine the nature of the relationship between them. The author considers its legal properties, which have an impact on the development of the system of sources of administrative law. The Russian Constitution is a normative legal act that was adopted by popular vote, which has the property of supremacy, has direct effect throughout the country and the highest legal force. The paper contains an analysis of the special order of its protection, revision and amendment.

THE ROLE AND SIGNIFICANCE OF NOTES AND EXPLANATIONS TO THE UNIFIED COMMODITY NOMENCLATURE OF FOREIGN ECONOMIC ACTIVITY OF THE EURASIAN ECONOMIC UNION

Page:24-29

Release: 2021-2 (28)

DOI: 10.21777/2587-9472-2021-2-24-29

Annotation: The article describes some aspects of the process of classifying goods for customs purposes, which do not lose their relevance due to the relationship between the classification code and the size of the customs duty rate. The author indicates the most common problems that arise in the process of determining the classification code. The purpose and principle of using the texts of Notes and Explanations to the Unified Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union are illustrated with specific examples as explanatory publications. Judicial practice on the use of these auxiliary tools and the accounting of decisions of the Eurasian Economic Commission is also analyzed. Classification disputes, along with disputes over the determination of the customs value of goods, are the most widespread in customs practice, therefore, the correct approach to the classification process will help to avoid disputes, as well as time and financial costs in the implementation of foreign trade activities. In this regard, the author provides several practical recommendations on the classification of goods that should be taken into account by participants in foreign economic activity before the declaration.

REFORM OF CONTROL AND SUPERVISION ACTIVITY AS A VECTOR OF TRANSFORMATION OF PUBLIC AND LEGAL REGULATION IN THE FIELD OF STATE AND MUNICIPAL GOVERNANCE

Page:25-35

Release: 2021-4 (30)

DOI: 10.21777/2587-9472-2021-4-25-35

Annotation: Large-scale constitutional transformations caused by the introduction of constitutional amendments to the Basic Law of the State – the Constitution of the Russian Federation (in total, 206 amendments were made, which imply the adoption of 98 federal laws) largely predetermined the scale and pace of the processes of transformation of public law regulation in the sphere of state and municipal administration, including in the field of state and municipal control (Articles 103.1, 107, 108, 125, 131–133, etc.) of the Constitution of the Russian Federation. The article examines the content of the reform of control and supervisory activities as one of the key directions in the transformation of public law regulation in the spheres of state and municipal administration. The basic concepts are given, the state is revealed and the problems and prospects of the control and supervisory activity are determined.

THE CONSTITUTION OF THE RUSSIAN FEDERATION AS A SOURCE OF FINANCIAL LAW

Page:28-32

Release: 2021-1 (27)

DOI: 10.21777/2587-9472-2021-1-28-32

Annotation: This paper is devoted to the analysis of the financial and budgetary norms of the Constitution of the Russian Federation, the specifics of their practical implementation at the present stage, as well as possible ways to improve the norms of the budget legislation of the Russian Federation in order to implement constitutional provisions more effectively in this area.

INFORMATION AND EDUCATIONAL ENVIRONMENT IN THE TRAINING OF LAWYERS

Page:30-34

Release: 2021-2 (28)

DOI: 10.21777/2587-9472-2021-2-30-34

Annotation: The article discusses issues related to the introduction of information and educational technologies into the educational process of higher education. It is noted that new digital technologies create an information and educational environment that firmly occupies its rightful place in the higher education system of the Russian Federation. The characteristic of the concept of “information and educational environment” is given, the possibilities of this tool in the educational process of the university are analyzed. The advantages of using e-learning in the educational activities of the university are highlighted. The concept of “information and educational resources” and their role in the formation of the information and educational environment of the university is revealed. The variants of effective use of the information and educational environment for the educational process of the university are proposed. The author infers about the effectiveness of the electronic educational environment, which is able to cover not only the main educational process of the university, but allows you to create a modern digital university.

THE RISKS OF CREATION AND FUNCTIONING OF ARTIFICIAL INTELLIGENCE IN MEDICINE

Page:33-40

Release: 2021-1 (27)

DOI: 10.21777/2587-9472-2021-1-33-40

Annotation: Eight types of risks for the functioning of artificial intelligence in medicine were discovered in the study. The problems arising from the use of neural networks in medical systems are considered and solutions are proposed with the help of legal regulation. The aim of the paper is to identify problematic issues arising from the use of artificial intelligence in medicine, and to generalize the emerging risks on their basis, as well as to present possible proposals for their minimization from the point of view of jurisprudence. Formally, legal and judicial comparative methods were used to highlight and systematize problematic issues in the use of artificial intelligence in medicine, as well as to generalize the study of the material. The author analyzes the problems of legal regulation of the use of artificial intelligence technologies and the possible risks of using artificial intelligence in the new digital environment. Various views on the principles of the formation of legal regulation of new technologies in medicine are considered, and universal standards for the development of artificial intelligence programs are studied. The above judgments and generalizations will make it possible to comprehensively systematize the existing modern risks of using artificial intelligence and develop appropriate measures at the micro level, and at the macro level to form a general vector of development of the formation of principles and regulations.

THE USE OF ARTIFICIAL INTELLIGENCE AND INFORMATION TECHNOLOGY DURING THE INVESTIGATION OF CRIMINAL CASES

Page:35-40

Release: 2021-2 (28)

DOI: 10.21777/2587-9472-2021-2-35-40

Annotation: The article analyzes the area of information technologies and artificial intelligence use, which can be implemented during the crimes, methods of investigating a criminal case, tactics of conducting investigative actions, as well as when securing evidence in the framework of a criminal investigation. This research area is promising, since with proper and procedurally competent use of them, it is possible to increase the level of disclosure significantly and, therefore, speed up and improve the quality of the investigation of criminal cases, which will certainly guarantee compliance with the legitimate rights and freedoms of participants in criminal proceedings.

CONSIDERATION OF CIVIL DISPUTES IN THE PERIOD OF COVID-19 (ON THE EXAMPLE OF SINGAPORE)

Page:36-39

Release: 2021-4 (30)

DOI: 10.21777/2587-9472-2021-4-36-39

Annotation: The analysis of the judicial system of Singapore through the prism of its judicial and judicial mechanism is carried out. A brief overview of the experience of introducing electronic information and communication technologies into this system is given. Attention is also drawn to such non-typical vessels that operate at night. The purpose of the study is a brief overview of the experience of legal proceedings and civil proceedings in the context of a pandemic on the example of the city state of Singapore. The purpose of the study is to highlight practical proposals of foreign jurisdiction for rethinking the possibilities of achieving accessibility of justice, and also, thanks to a moderate reception, to consider the possibility of implementing this experience. The methodological basis of the research was: comparative legal method, formal legal method and general scientific methods of cognition. The analysis of the experience of this country in a crisis situation allows us to see both the revealed shortcomings of the applied response measures and the successful achievement of the tasks set to overcome the current non-standard situation. It is significant that a number of mechanisms proposed for implementation have common fundamental features: the transition to the active use of videoconferencing and the expanded use of their high-tech mechanisms of interaction between the judicial system and society.

SOME PROBLEMS OF APPLYING THE RESULTS OF OPERATIONAL INVESTIGATIVE ACTIVITIES AS EVIDENCE

Page:40-43

Release: 2021-4 (30)

DOI: 10.21777/2587-9472-2021-4-40-43

Annotation: The article analyzes the problem of applying the results of operational-search activities as evidence, judicial practice related to this aspect. The issue of legalization of the results of operational-search activities is one of the most relevant in the criminal procedure science. However, some problems directly related to the implementation of operationalsearch measures remain unresolved. In practice, courts of general jurisdiction, when considering criminal cases, in the vast majority of cases, in their convictions refer to the results of the operational-search activity as evidence, listing the testimonies of witnesses, reports and memos separated by commas. Confirmation of this position by the author was found in a number of analyzed court decisions. As a result, the author concludes that it is necessary to regulate in the criminal procedure legislation an independent procedure for legalizing operational-search activities and adjusting the procedure for the use of technical means when fixing observed events in the course of operationalsearch activities. The use of such means should be allowed only with a special judicial decision.

REFUSAL TO INSTITUTE A CRIMINAL PROCEEDING AS AN INSTITUTE OF CRIMINAL PROCEDURE

Page:41-45

Release: 2021-2 (28)

DOI: 10.21777/2587-9472-2021-2-41-45

Annotation: The article describes the concept and meaning of refusal to institute a criminal proceeding as an independent institution of criminal procedural law. The institution of refusal to institute a criminal proceeding is not possible without the initial stage of the criminal process, which is, directly, the initiation of a case. The tactics of criminal procedure in Russian legislation are provided by the Criminal Procedure Code of the Russian Federation. During the procedure for initiating a criminal case, law enforcement officials carry out actions aimed at verifying information received regarding a particular crime. Basing on the above examples and analysis, the author made a conclusion about the significance of the stage of initiating a criminal case and the negative consequences in cases of refusal from the institution of refusal to institute a criminal proceeding. Also the implementation of a preliminary investigation of all registered allegations can create an unjustified waste of manpower and resources, primarily the bodies of inquiry and preliminary investigation bodies.

RETROSPECTIVE CRIMINAL LIABILITY: APPROACHES TO UNDERSTANDING

Page:41-47

Release: 2021-1 (27)

DOI: 10.21777/2587-9472-2021-1-41-47

Annotation: The aim of the work is to analyze different approaches to understanding retrospective criminal liability in the general theory of law and the theory of criminal, criminal procedure and criminal enforcement law. The relevance of the topic is determined by the presence of a large number of points of view, opinions of scholars on: the concept, essence and content of retrospective criminal liability, its relationship with the security criminal law relations, as well as the needs of the practice of its implementation. During the study of approaches to the understanding of retrospective criminal liability, general scientific and mid-level research methods were used: dialectical, formal-logical and systemic-structural. On the basis of the general theory of law and the theory of criminal, criminal procedure and criminal enforcement law, the paper explores various approaches of scholars to the concept, content, essence of retrospective criminal liability, its interconnection with the security criminal law relations, and also expresses the author‘s position on the issues under consideration.

EVOLUTION OF CRIMINAL RESPONSIBILITY FOR THE MOTHER’S MURDER OF A NEWBORN CHILD IN RUSSIAN AND FOREIGN LEGISLATION

Page:44-52

Release: 2021-4 (30)

DOI: 10.21777/2587-9472-2021-4-44-52

Annotation: The killing of a newborn child by a mother means the killing of a newborn child on time or immediately after childbirth, as well as the killing of a newborn child by a mother in a traumatic situation or in a state of mental disorder that does not exclude sanity. This type of crime is relatively new to modern criminal law. The composition is privileged, since the sanction of this article establishes a punishment that is significantly lower than the punishment for simple murder. Currently, there are some difficulties in considering the objective side of this crime.

COMPARATIVISTICS OF THE DIGITALIZATION OF CIVIL PROCEEDINGS IN THE RUSSIAN FEDERATION, THE UNITED STATES OF AMERICA AND THE FEDERAL REPUBLIC OF GERMANY

Page:46-52

Release: 2021-2 (28)

DOI: 10.21777/2587-9472-2021-2-46-52

Annotation: The article defines the current state of digitalization of civil proceedings in the Russian Federation, the United States of America and the Federal Republic of Germany and conducts a comparative analysis of this legal phenomenon based on the specifics of the respective national legal orders. On the basis of the norms of the current legislation of states, materials of scientific discussion and practical examples, the author comes to the conclusion that the phenomenon under study is at the stage of formation in all states. There is a trend towards the unification of procedural forms, accompanied by the formalization of procedures in Russia and Germany.

THE PROBLEM OF QUALIFICATION OF MURDER OF A NEWBORN CHILD BY THE MOTHER

Page:48-51

Release: 2021-1 (27)

DOI: 10.21777/2587-9472-2021-1-48-51

Annotation: The paper discusses the problems of qualifying the murder of a newborn child by mother. The inaccuracies that occur in corresponding article of the Criminal Code of the Russian Federation are identified. The ways of improvement of criminal law for the better qualification of this type of offence are suggested.

ON THE ISSUE OF THE PROPERTY SEPARATENESS OF A GARDENING NON-PROFIT PARTNERSHIP

Page:53-58

Release: 2021-4 (30)

DOI: 10.21777/2587-9472-2021-4-53-58

Annotation: The article is dedicated to the consideration of the legal regime of common use property of non-profit organizations created for gardening and horticulture. The property separateness of the legal entity was analyzed. The evaluation of the state of the current legislation of the activities of gardening and horticultural partnership was undertaken. The reasoned proposals for its improvement are presented, in particular, on making additions to part 7 article 14 Federal Law dated 29.07.2017 № 217-FZ (hereinafter: Law, Law № 217-FZ, gardening Law), concerning the details of the procedure for calculating membership and target contributions; to article 17 of the Law on changing the voting procedure, as well as to part 8 of Article 25 of the Law on granting the possibility of gratuitous transfer of common use property to the ownership of territorial energy enterprises.

RUSSIAN HIGH SCHOOL IN THE PAN-EUROPEAN EDUCATIONAL SPACE: ASSESSMENT OF THE SITUATION

Page:5-11

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-5-11

Annotation: The circumstances of the formation of the European space of higher education and the transformation of legal education in Russia through the requirements of the Bologna education system are considered. Comparativelegal method, method of analysis and synthesis, method of analogy and modeling are used. The possibility of transferring Russian legal education to a master’s degree, when applicants will enter the master’s degree, study the traditional five or even six years and receive master’s degrees, is argued. After completing the basic three courses, as well as after graduation from college or technical school, those wishing to leave for a practical job will have to be issued a bachelor’s degree.

METHODOLOGY OF LEGAL KNOWLEDGE IN THE SOVIET DOCTRINAL SPACE

Page:6-12

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-6-12

Annotation: The article examines the Soviet dissertation legal doctrines on the methodology of legal knowledge, and also describes the prospects for using the results of these studies in domestic legal science. The main purpose of the article is to analyze the most important and fundamental dissertations of Soviet jurists, which present logically based teachings on the methodology of law, as well as the possibility of using specific forms of scientific knowledge obtained by Soviet jurists in the process of certification of scientific personnel in the Russian Federation. Based on the dialectical approach, using the principle of historicism, scientific truth and objectivity, the authors show the specifics of the results obtained in the dissertation legal teachings on the methodology of legal knowledge, analyze the praxeological possibilities of using appropriate forms of scientific knowledge in modern Russian legal science, justify the need to create an electronic data Bank of new scientific results obtained in all branches of pre-revolutionary, Soviet and post-Soviet law.

DIGITALIZATION IS A NEW REALITY IN LAW

Page:6-12

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-6-12

Annotation: This article is devoted to the study of the features of digitalization as a modern trend (change) in world development, which leads to an increase in the efficiency of the economy, including in the field of education, health, ecology and in General to improve the quality of life of an individual. Ultimately, the introduction of digital technologies should have the positive effect to reduce the number of people below the poverty line, eliminate hunger, ensure good health and well-being of the population, protect the environment, introduce quality education and health care, achieve sustainable economic growth and job growth on a par with decent wages and social justice, as well as solutions to problems related to corruption, the rule of law, violence and mortality. At the same time, the author sees in digitalization not only positive sides, but also possible negative consequences in the form of challenges, risks and threats to the social way of life of the Russian society.

PROPORTIONAL ELECTORAL SYSTEM: TYPES, FEATURES OF APPLICATION

Page:12-18

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-12-18

Annotation: This article discusses the features of the application of the proportional electoral system in Russia and abroad. The author’s goal is to analyze and formulate the main characteristics of the most common methods of voting under the proportional system, taking into account the historical aspect, as well as the practice of applying in modern states in elections to representative bodies of power, and the development of this political institution. This topic is relevant in connection with the use of all three election models in voting for certain elected bodies of state power and local self-government: majority, proportional and mixed. It often leads to a lack of understanding among the electorate of the features of using a particular model, its disadvantages and advantages, which in turn leads to an unwillingness to understand this and take part in voting, realizing their real capabilities. In the fall the legal culture of citizens, the decline of interest in the institution of elections in the formation of representative bodies at various levels of emphasis is the practice of applying the most common voting patterns in the world – under the proportional electoral system. Taking as a basis the European and Russian experience of elections, the author analyzes the main negative and positive aspects of the organization of vote by party-list proportional representation, in terms of the ability to highlight the level of elections that use this model election system is appropriate and combined it with the features of the form of government that existed in the state. As the main results, the characteristic features of the proportional voting model for representative bodies of power are formulated and also recommendations on the effective use of the proportional electoral system in elections are provided.

REFORM OF THE CONSTITUTION OF THE RUSSIAN FEDERATION IN 2020: THE RETURN OF CONSTITUTIONALISM TO THE NATIONAL ROUTE

Page:13-17

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-13-17

Annotation: The article examines the systemic civilizational shortcomings of the 1993 Russian Constitution and substantiates the relevance and significance of the constitutional reform of 2020, the return to the text of the constitution of traditional spiritual and moral values of Russian society, filling with real content of the social character of the modern Russian state. The need to return Russia through constitutional innovations to its civilizational route of development, suggesting the traditional nature of spiritual and moral values and unity around the Orthodox spiritual core of society of all Abrahamic and other traditional religions.

SYSTEM OF NORMATIVE LEGAL ACTS (ON THE EXAMPLE OF THE CIS COUNTRIES)

Page:13-19

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-13-19

Annotation: For more than 20 years, the problem of adopting a law on normative legal acts has remained unsolvable in the Russian Federation. The purpose of the work is to present the experience of legal regulation in the field of law-making in the member States of the Commonwealth of Independent States. Most of the CIS countries have established the concept and types of normative legal acts at the legislative level, defined the hierarchy of acts and the content of the law-making process. Many States adopted new versions of laws on legal acts in 2016–2018 due to the current trends in Informatization and digitalization of society. The article deals with the system of normative legal acts of three States – the Republic of Belarus, the Republic of Kazakhstan, and the Kyrgyz Republic. The author has studied the approaches of a number of CIS countries to defining the concept of a normative legal act. The significance of this analysis is due to the possibility of using the experience of legislative consolidation of the system of normative legal acts in foreign countries for the Russian Federation.

ON THE FORM OF GOVERNMENT OF THE RUSSIAN EMPIRE IN 1907–1914

Page:18-23

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-18-23

Annotation: The article examines the main aspects of the state structure of the Russian Empire after the revolution of 1905–1907 and before 1917. The goal of the authors is to analyze the political prerequisites for the formation of a special form of state structure in Russia, which received the name “the Third-June monarchy” in the historical literature. This topic is relevant in the context of the need to maintain political stability in the state and society. The authors cover the main provisions of the Manifesto of October 17, 1905 and the electoral law of June 3, 1907. The controversial issue of the legality of making changes to state laws in 1907 is raised, the author’s assessment of these actions is given. Special attention is paid to the historical consequences of the “June third coup”. As the main results, the authors formulate the characteristic features of the parliamentarism of the Russian Empire after 1907. The conclusion is made about a natural increase in the internal political crisis in the country, the origins of which lie in the events of June 3, 1907.

SEPARATION FROM THE WORLD NETWORK RUNET AS A NEW FIELD OF LEGAL REGULATION OF RUSSIAN LEGISLATION

Page:19-24

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-19-24

Annotation: In the article it is considered the Russian segment of the Internet as a platform for the emergence of new types of relations regulated by law. It is noted that the current “world wide web” is a huge layer of the most diverse information, which counts a huge number of services and more than 3,3 billion subscribers, and this technology has not spared almost anyone. It is displayed that today the Internet opens up endless opportunities for people and states for gaining knowledge, conducting scientific activities, improving the procedure for interaction, both between citizens of different countries and the states themselves. It is pointed out the need to detail law enforcement, the need for enhanced coordination with the technical branches of informatics and cybernetics in the development of relevant legislation. It is emphasized the importance and relevance of the need to delimit the national part of the Internet and highlight legal regulation in the Russian segment of the network, establish ineffective methods of regulating the relations under consideration, also the reasons for a large number of problems in the legal regulation of the Russian segment of the network are highlighted and some ways to solve them are suggested.

ON THE DAY TO THE MORAL STATE: WINNER ABOUT THE WORLD FREE STATE

Page:20-28

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-20-28

Annotation: The article considers political and legal projects of building a society without a state, ranging from the ideas of utopian socialism to the classics of anarchism. The question of the denial of social utility in the name of freedom by anarchism of the state and the various ways proposed by the revolutionaries to get rid of the state are analyzed. Having been defeated during the years of “military communism” the ideas of a society without a state have found a new embodiment in the doctrine of the Jamahiriya proposed by M. Gaddafi. The need to transform the modern state into a moral state is argued.

DEMOCRACY AS LAW AND ORDER DETERMINANT IN MODERN RUSSIA

Page:24-29

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-24-29

Annotation: The article analyses various aspects of democracy as the most important political factor affecting the appearance of the rule of law in modern Russia.

PROBLEMS OF DATA PERSONIFICATION IN THE DIGITAL AGE

Page:25-28

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-25-28

Annotation: The article analyzes the scientific approaches and norms of the Russian legislation on personal data. At the same time personal data is considered as a legal category, which includes an array of information allowing to distinguish one person from another, showing the abilities, that the subject of personal data has, and also indicating its constitutional and administrative status.

FEATURES OF INSURANCE INTEREST IN BUSINESS

Page:29-36

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-29-36

Annotation: In the article, based on the study of scientific works, analysis of the current legislation and reference judicial practice, specific aspects of the interest of business entities in ensuring the protection of business from possible risks associated with the activities carried out through a universal insurance mechanism are investigated. It is noted that an event considered as an insurance risk must have signs of probability, that is the potential for an occurrence, as well as randomness, which is usually associated with the lack of awareness of the interested person regarding the occurrence of this event. It is substantiated that the separation of private and public principles in the structure of the insurance interest allows to resolve the dispute existing in science about the purposes of insurance, which cannot be limited only to the protection of the interests of the weak party, even in compulsory insurance relations.

THE SPECIAL QUALITIES OF THE RULING MINORITY

Page:29-34

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-29-34

Annotation: The article states that hierarchical relations between people are a natural phenomenon. Hence the separation of the ruling elite in society is just as natural and inevitable. Moreover, those in power have a certain set of such personal qualities and character traits that, in fact, allow them to occupy leading positions. Author analyzes in detail these qualities.

SERGEY GESSEN: HISTORICAL FACT AS A FACT OF THE REALIZATION OF THE MINIMUM OF TRANSCENDENTAL BEING

Page:30-34

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-30-34

Annotation: The article is dedicated to S.I. Gessen, a representative of Russian Baden neo-Kantianism, whose views (S.I. Gessen, B.V. Yakovenko, F.A. neo-Kantianism as a distinctive formation. The creativity of S.I. Gessen demonstrates both the reception of the main principle in the interpretation of history, which is understood as having a relative character, since everything is decided by values, and the methodological developments of the founders of the Baden school of neo-Kantianism.

JUDICIAL LAW-MAKING DURING THE PANDEMIC (THE EXPERIENCE OF AUSTRIA AND GERMANY)

Page:35-40

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-35-40

Annotation: The potential of the analogy of law, which made it possible to find new forms and methods of procedural interaction with litigants, has not been fully exhausted and has been actively developing in a pandemic. The example of Austria and the Federal Republic of Germany suggests that it is important to keep the golden mean between the observed tendency towards de-ceremonization of court proceedings and the need to follow the fundamental principles of justice. The objective of the research is to provide a brief overview of the experience of civil law proceedings in the context of a pandemic using the example of Austria and the Federal Republic of Germany, and to consider certain aspects of the digitalization of justice. The purpose of the study is to highlight the practical proposals of foreign jurisdictions to increase the accessibility of justice, to reflect the advantages and disadvantages of the experience gained in modernizing approaches to the use of information technologies. The methodological basis of the study was: formal legal method, comparative legal method, as well as general scientific methods of cognition. An analysis of the foreign experience of the legislator and law enforcement officer in a crisis situation allows us to formulate for the future some ideas highlighted by the conditions of the pandemic and requiring public discussion. It is indicative that despite the analysis of the experience of two independent systems, a number of mechanisms proposed for implementation have common fundamental features: the transition to the active use of video conferencing, including with parties located abroad, the presence of developed mechanisms for the suspension of procedural deadlines during extraordinary events.

ACTUAL PROBLEMS OF SIMPLIFIED PROCEEDINGS IN THE ARBITRATION PROCESS

Page:35-38

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-35-38

Annotation: This article will address the most pressing problems of law enforcement in simplified proceedings of the arbitration court, which are caused, for the most part, by the imperfection of the current legislation in this area, in particular, Chapter 29 of the Arbitral Procedure’s code of the Russian Federation, and require close attention from the legislator. First of all, these are such controversial issues as the expediency of setting a 15-day period for filing an objection and evidence; what procedure for notifying the parties is acceptable in simplified proceedings, and what is not; how are the key procedural principles of competition and dispositivity implemented in the framework of a single hearing on a case; and whether the category of cases that the legislator currently refers to the main goals of the simplified procedure – procedural economy. In addition, it is impossible to deny the existence of theoretical problems in simplified arbitration proceedings, for example, in determining the legal nature and essence of simplified proceedings, which is also the purpose of this article.

ON THE ISSUE OF A CONTRACT FOR THE PROVISION OF PAID SERVICES

Page:37-42

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-37-42

Annotation: The article provides a description of the current legislation governing relations arising from contracts paid services, examines the legal definition of “service” and “provision of services”, the peculiarities of the contract of compensated rendering of services in comparison to a contract perform work, shows new trends and directions of development of contractual structures services in the private law sphere (digitalization, uberization), identifies a number of gaps and contradictions in the legal regulation of the contract of compensated rendering of services, the proposals on their elimination. It is concluded that the theoretical basis of the contract for the provision of paid services needs to be adjusted, supplemented and clarified, and the legal norms governing the contract for the provision of paid services need to be upd ated and improved by law. While the prospects for the development of the legal institution of paid services are seen, firstly, in the expansion and detailing the general provisions on contracts for the paid services in the Civil Code of Russia, secondly, in the development of a se t of special rules contained in other legal acts regulating varieties of contractual institute of paid services in general.

LEGAL SUPPORT OF STATE SUPPORT FOR MEASURES TO IMPROVE HOUSING CONDITIONS OF CITIZENS: CORPORATE AND LEGAL ASPECTS

Page:39-43

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-39-43

Annotation: The purpose of this article is to study the corporate and legal aspects of legal support for state support of measures to improve housing conditions of Russian citizens. The relevance of the chosen topic is determined by the need to build and develop the direction of interaction of organizations of all forms of ownership and the state in the most effective implementation of government support measures to improve housing conditions of citizens. Research methods: General dialectical method of scientific knowledge, methods of comparison, analysis, generalization. Main results: we studied the existing measures of state support for Russian citizens in the field of improving housing conditions, the ratio of Federal and regional housing legislation of the Russian Federation. It is concluded that currently the legal support of state support for measures to improve the housing conditions of citizens is complex. In particular, state support is provided not only by the Russian Federation, but also with the involvement of credit organizations and joint-stock companies, such as JSC “DOM.Russian Federation”, with the simultaneous development of a mechanism for compensating the latter for lost income.

ON THE JURISDICTION AND COMPETENCE OF THE INTELLECTUAL PROPERTY RIGHTS COURT

Page:41-48

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-41-48

Annotation: The relevance of the present research is served by the fact that creation of intellectual property rights court in the system of arbitrary courts in RF reopened scientific discussion about the correlation between the jurisdiction of the regular courts and arbitrary courts. Nowadays specialization of judiciary is being prior area of the judicial reform, that’s why issues of jurisdiction and competence of the intellectual property rights court are included into the scientific discourse. Objective: is to develop a model for resolving cases of exclusive rights and arbitration procedural legislation in order to formulate proposals on this basis for improving arbitration procedural legislation. The fundamental basis of the research is built upon dialectical method. The authors also use the other methods of the research which are general scientific and special legal methods including systematic, comparative legal onces, etc. Results: the article examines the features of the content of the legal categories “competence” and “competence” of the intellectual property Court as a specialized judicial body. The analysis of criteria for dividing competence between related bodies is carried out. It shows the General problems in the sphere of implementation by the intellectual property Court of its powers to consider cases within the existing competence. The necessity of changing the composition of the intellectual property Court by introducing the institution of arbitration assessors is proved. It seems appropriate to develop the concept of competence of the court of intellectual rights-a set of jurisdiction and jurisdiction of the case to the specified court, and the criterion for distinguishing the jurisdiction of the dispute is the subject of the dispute and its subject matter. This definition of competence will help to differentiate the powers of the judiciary.

PROSPECTS FOR SELF-REGULATION IN BANKRUPTCY

Page:43-49

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-43-49

Annotation: The article is devoted to the analysis of several initiatives that are included in the bill on amendments to the Federal law of Russian Federation “On insolvency (bankruptcy)”. Examining the bill, which, if adopted, will turn out to be a major reform in the industry, the author compares the novelties with the current legislative norms and puts forward his assumptions on the possible consequences of the introduction of legislative initiatives. It is also examined legislative initiatives in terms of their impact on reducing self-regulation in the field of bankruptcy and increasing government participation in it. The research method is aimed at finding the validity of the ideas of the developers of the draft law on reforming the bankruptcy industry and also reflects the lack of coordination of legislative initiatives with the professional community of arbitration managers.

PROCEDURE FOR COORDINATING THE LOCATION OF LAND BOUNDARIES

Page:44-49

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-44-49

Annotation: The article provides an analysis of the practical difficulties encountered in the land-sharing process; Enforcement issues related to compliance with the established procedure for the harmonization of land boundaries. The subject of the analysis includes the provisions of the current legislation governing the above-mentioned issues, as well as law enforcement, including judicial activities. The author highlights the problems of carrying out the procedure for harmonizing the boundaries of land plots, problems encountered in resolving disputes over the boundaries of land plots, analyses the legal approaches to solving problems developed in accordance with established practice, including judicial ones.

EMERGENCE AND DEVELOPMENT OF THE INSTITUTE OF ENTREPRENEURSHIP

Page:49-52

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-49-52

Annotation: The purpose of the research is expressed in the need to study the emergence and development of the Institute of entrepreneurship. The article discusses the features of the emergence and development of the Institute of entrepreneurship. The author points out the features of entrepreneurial activity starting from Ancient Russia and ending with the collapse of the USSR.

THE LEGAL STATUS OF A SCIENTIST IN MODERN DIGITAL REALITIES

Page:50-55

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-50-55

Annotation: In the article some theoretical issues, which are related to determining the legal status of scientists in Russian Federation, are examined, the needs of the practice in establishing their position in the field of science, as well as in a variety of social relations: scientific, technological and innovative, including digital technologies, labor, are identified. It is paid attention on the fact that there is no single definition of the concept of “scientist” in the legislation of Russian Federation, are not systematized the criteria, according to which persons, engaged in science and research, can be attributed to this category of subjects, and is not determined their legal status.

THE SPREAD OF DRUG-RELATED CRIME THROUGH INFORMATION AND TELECOMMUNICATION TECHNOLOGIES

Page:50-55

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-50-55

Annotation: The article deals with the relations arising from the sale of narcotic drugs via the Internet. The widespread use in modern life, computer technology and telecommunication systems, creation on their basis networks, which has become an essential part of social relations in all spheres of life, led to the fact that “cyberspace” has been actively used to commit crimes, in particular, for distribution of narcotic drugs and their analogues. The scientific article analyzes the current state of the drug situation in Russia, and outlines the prospects for improving the mechanism for countering the spread of narcotic drugs through the Internet information and telecommunications network. The author analyzes the judicial and investigative practice on this issue, identifies the participants of an organized criminal group involved in the contactless method of selling drugs via the Internet, and identifies the features of each of them. The use of a contactless method of selling narcotic drugs has influenced the widespread use of the cryptocurrency “Bitcoin” as the main means of payment for transactions with narcotic drugs.

PROSPECTS FOR REGULATORY CHANGES IN BANKRUPTCY

Page:53-59

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-53-59

Annotation: The article is devoted to the problems of the need to amend legislative regulation in the field of bankrupt cy on issues that have matured in the industry and the possible search for compromise solutions for interested parties. The author examines two bills to amend the Federal Law “On Insolvency (Bankruptcy)”, as well as reviews of these projects, as well as issues from the community of arbitration managers, experts and organizations, one way or another involved in the field of bankruptcy. Using a systematic research method, the article reflects the problem of differences in positions and lack of coordination on the main ideas of reforming the bankruptcy industry between the developers of the law and the community of arbitration managers. The conclusion is drawn on the need for further elaboration of the draft laws on amendments to the Federal Law “On Insolvency (Bankruptcy)” or the development of a completely new law that would take into account the rather significant and reasonable opinions of the community of arbitration managers.

SOME ASPECTS OF THE PRACTICAL IMPLEMENTATION OF THE MECHANISM OF PROTECTING BUSINESS FROM ENTREPRENEURIAL RISKS

Page:56-63

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-56-63

Annotation: Within the framework of this article, based on the study of scientific works, analysis of the current legislation and reference judicial practice, legal mechanisms are investigated aimed at ensuring the protection of subjects of the sphere of entrepreneurial activity from the possible risks with which this activity is associated. It is noted that the range of entities involved in the implementation of the mechanism of insurance protection of business entities includes, in addition to insurance entities, policyholders, insured persons, beneficiaries, also associations of insurers, and in some cases the state represented by authorized entities. It is substantiated that the appearance of insurers in the financial services market led to the transformation of self-insurance into more advanced forms of mutual and commercial insurance. Their role in the mechanism of insurance protection is determined by the functions assigned to them for assessing insurance risk, forming insurance reserves to provide insurance coverage, determining the amount of losses or damage, making insurance payments.

PUBLIC PROSECUTOR’S SUPERVISION OVER THE IMPLEMENTATION OF LAWS BY THE BODIES THAT CONDUCT INQUIRIES AND PRELIMINARY INVESTIGATIONS IN CRIMINAL CASES OF CORRUPTION-RELATED CRIMES

Page:56-61

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-56-61

Annotation: The article is devoted to prosecutorial supervision of the execution of laws by bodies conducting inquiry and preliminary investigation in criminal cases of corruption-related crimes. The main directions and methods for combating corruption in the framework of prosecutorial supervision were studied. An assessment of the state of supervision, its features and emerging problems is given. In the light of active digitalization, the issue of the impact of the Internet on society as a whole, as well as on the totality of measures aimed at eradicating the corruption component in the activities of various individuals, is considered. The concept of the main subject of activity in the implementation of supervision, its specificity, scope of activity is given. The concept of legal behavior is considered and that affects the choice of each of the participants in the legal relationship. The assessment of the procedural actions of the participants in criminal proceedings. The problems that arise during the implementation of prosecutorial supervision of the enforcement of laws by the bodies conducting the inquiry and preliminary investigation in criminal cases of corruption-related crimes are analyzed.

CRIMES AGAINST LIFE AND HEALTH: MAIN LAW ENFORCEMENT ISSUES

Page:60-64

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-60-64

Annotation: The relevance of the research mentioned in the given article is predetermined by the fact that in the modern world criminal offences against life and health can constitute one of the basic threats of national safety both in Russia and in the world. Therefore, this article considers the most important enforcement problems in sphere of crimes against life and health. Besides, some vectors of consecutive optimization of criminally legal settlement operating mechanism are stated. On an example of the crime stipulated by art. 110 of the Criminal code of the Russian Federation, problems of qualification of the specified crime against life are designated. Some tendencies of our state criminally legal policy are noted as basic directions of counteraction to criminal offences against life and health. The corresponding conclusions are drawn.

CRIMINAL LAW BEHAVIOR OF A PERSON: A GENERAL THEORETICAL VIEW

Page:62-67

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-62-67

Annotation: The purpose of this work is to study the scientific category of criminal behavior of a person from the positions of the general theory of law and the theory of criminal law. The relevance of the topic is determined by the mass character, repeatability of this criminal law phenomenon, both on the part of a particular individual and other citizens, as well as its insufficient study in the theory of criminal law in comparison with criminal behavior. In the study of criminal law behavior, general scientific and private scientific research methods were used: dialectical, historical, formal-logical, system-structural. Based on the general theory of law and lawful behavior, the article gives the concept of criminal-lawful behavior, its main types and structure. Such forms of implementation of criminal law behavior as the use, execution and compliance with criminal law norms are defined. Socially active, positive (habitual), conformist (passive) and marginal criminal behavior of a person are distinguished and considered.

ON THE CONCEPT OF "ABUSE OF THE RIGHT"

Page:64-70

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-64-70

Annotation: The article reveals the concept of "abuse of the right", which is often mistakenly identified with the limits of the exercise of subjective rights, individual forms of abuse. Article 10 of the Civil сode of Russian Federation, which is named as «Limits to the exercise of civil rights», does not define the given concept, the criteria for determining the limits, as its name should imply. The domestic doctrine of abuse of the right has not yet been developed, which leads to difficulties in recognizing the phenomenon for law enforcement officers, reduces the quality of the administration of justice, therefore the interest of researchers in the problem has never decreased. Abuse of the right can exist in various forms, and disclosure of the legal nature of the concept is necessary to recognize a complex phenomenon that is socially harmful and dangerous for legal regulation. To reveal the concept, it is advisable to use the dialectical method, comparative legal, historical-legal and teleological approaches. The inadmissibility of abuse of the right as a general legal principle, which is enshrined in the Constitution of Russian Federation, determines the need to refer mostly to general theoretical research.

DOES IT MAKE SENSE FOR THE ACCUSED (SUSPECT), DEFENDANT TO ADMIT GUILT IN COMMITTING A CRIME IN THE CONTEXT OF THE CURRENT CRIMINAL AND CRIMINAL PROCEDURE LEGISLATION OF THE RUSSIAN FEDERATION?

Page:65-73

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-65-73

Annotation: According to the author, today, both the institute of “confession” and “confession of guilt” in the commission of a crime cannot fully ensure the interests of the accused (suspected), defendants. It is proposed to make legislative adjustments: in Art. 15 of the Criminal Code of the Russian Federation, where to indicate the term of punishment, depending on the nature and degree of public danger of the act, which cannot be exceeded in the event of a “confession”. In clause “i” part 1 of article 61 of the Criminal Code of the Russian Federation, after the words “obtained as a result of a crime”, add: “affects the appointment of a sentence in accordance with Art. 15 of the Criminal Code of the Russian Federation”. Based on the definition of evidence specified in Part 1 of Article 74 of the Criminal Procedure Code of the Russian Federation, to consider “a confession” not only as a reason to initiate a criminal case, but also information subject to proving in a criminal case. Part 2 of Art. 74 of the Code of Criminal Procedure of the Russian Federation, as evidence, add – “a confession, after the initiation of a criminal case”. The essence of the “confession of guilt” must be reflected in Part 1 of Art. 314 of the Code of Criminal Procedure of the Russian Federation, after the words “declare their agreement with the charges brought against him and”, add the phrase “confession of guilt”.

PROCEDURE REQUIREMENTS AS A METHOD OF IMPLEMENTATION OF THE RIGHTS OF PARTICIPANTS OF SHIP PROCEDURE

Page:68-72

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-68-72

Annotation: The article considers the application as a unique means of protection, one of the guarantees for the realization of the rights of persons involved in criminal proceedings. The main features inherent in the procedural petition are summarized. The purpose and objectives of the procedural petition is disclosed, a list of persons, participants in the legal proceedings authorized for applications of the procedural petition is indicated. The relevance and importance from the point of view of law and investigative ethics indicates the application of the norms of criminal procedure legislation governing the activities and behavior of the investigator related to the procedure for considering and resolving an application. Attention is drawn to the wording “permission to petition”, from which it follows that permission implies certain actions of the investigator to establish facts and circumstances that contribute to the adoption of one of the decisions, namely: to satisfy the petition; or full or partial refusal to satisfy the application. It analyzes the typical errors and violations associated with the activities of law enforcement officials to consider and resolve applications. Based on this, recommendations are made on the preparation of the application.

FEATURES AND PROBLEMS OF USE IN PROVING RESULTS OF OPERATIONAL-SEARCH ACTIVITY

Page:71-76

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-71-76

Annotation: The article examines the problems of criminal procedural evidence and the requirements for evidence, namely: relevance, reliability, admissibility and sufficiency. The analysis of the problem of criminal procedural legislation in terms of the norms governing the use of the results of operational-search activities in the criminal process is carried out. The problematic issue of the assessment of indirect evidence is touched upon. It is pointed out that, given the relevance, reliability, admissibility and sufficiency of information obtained in the course of operationalsearch activities, they can become evidence in a criminal case. It is shown that the data obtained in the course of various operational-search measures may contain information directly relevant to a certain criminal case, as well as contain information included in the subject of proof. The requirements for the information contained in the materials of the operational accounting files are generalized, in which there should be indications of the operational-search measure, during which information and data were obtained, allowing to verify this information.

METHODS OF RECEIPT OF APPEALS IN ORGANS OF OFFICE OF PUBLIC PROSECUTOR, FORMS AND TYPES OF APPEALS

Page:73-77

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-73-77

Annotation: The article considers that the timely and high-quality consideration of complaints received by the prosecution authorities increases its credibility in the eyes of citizens, testifies to the high professionalism of officials working in prosecution authorities. The main methods of receiving appeals to the prosecution authorities communicate. Any appeal received by the prosecution authorities of the Russian Federation is subject to mandatory review, with a reasoned reply on all the reasons for such an appeal. It is reflected that there can be no reason for abandoning the appeal without consideration by the prosecution authorities in the absence of the applicant’s signature or address and, in these cases, the appeal should be considered equally on the merits and within the time established by law, but in the absence of an address, the answer to such the appeal will not actually be sent, but all information on the results of such verification will remain in the supervisory proceedings. The forms and types of appeals are revealed. The typical errors associated with the form and content of the appeal are analyzed. Based on this, recommendations are given on the preparation of an appeal to the prosecution authorities.

FEATURES OF COMMITTING CORRUPTION CRIMES IN CORRECTIONAL INSTITUTIONS OF THE PENITENTIARY SYSTEM

Page:74-78

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-74-78

Annotation: This scientific paper explains the concepts of corruption, corruption crime, corruption crime. The features of corruption in the penal system are considered, the ways of committing corruption crimes in penitentiary institutions are studied, the definition of which allows us to develop effective measures to prevent this negative phenomenon.

MURDER MOTIVATED BY A JEALOUSY IN COMPARATIVE CRIMINAL LAW

Page:77-88

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-77-88

Annotation: In the present article is considered the comparative approach to the murder caused by a jealousy. The legal regulation of this crime throughout history has been interpreted as a righteous punishment for adulterers, murder (with or without the possibility to mitigate a penalty) and in recent times it can take the form of aggravated murder. For these reasons legislations with various forms of this issue resolving are analyzed (ancient Rome, USA, France and Russian Federation). Jealousy is characterized by a complex psychological structure, because it is a set of mental suffering during the real or illusory adultery of loving person.

Legal and spiritual-moral basics digital future humans in the age of the world environmental crash

Page:6-12

Release: 2019-4 (22)

DOI: 10.21777/2587-9472-2019-4-6-12

Annotation: The article examines the legal and spiritual and moral foundations of the digitalization of society in the transition to sustainable development of mankind. It is substantiated that legal information brought to people through Internet technologies can never replace the legal culture, which is formed only within human society. The society of knowledge is determined not by the digitalization of society, but by the construction of the technosphere on legal and spiritual and moral foundations. Particular attention is paid to the place of the state in modern social development, the role of spiritual and moral values of each nation in the formation of the right of sustainable development. It is noted that the digitalization and the transition to sustainable development are taking place against the background of the growing environmental crisis, which is already developing into a catastrophe.

Legal and moral criteria of political decision in the international armed conflict in the transnistria and donbasse

Page:7-15

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-7-15

Annotation: The problem of peacekeeping capabilities in armed conflicts in the post-Soviet space, the main causes of conflicts, the role of morality and psychology, national identity, cultural-historical, religious and socio-economic features of the regions of instability. Using historical, comparative, formal-legal and other methods of research, the author attempts to identify the legal criteria for peaceful conflict resolution, highlighting the political and legal situation conflicts between Moldova and Transnistria, between Ukraine and the Donbass republics. The conclusion considers the recognition of States that have arisen in conflict zones as the most effective way of political and legal resolution of existing problems.

Bases of the constitutional structure of the russian federation: theoretical and legal model, condition and problems

Page:7-16

Release: 2019-2 (20)

DOI: 10.21777/2587-9472-2019-2-7-16

Annotation: The article discusses the theoretical and legal content of the most important institution of constitutional law – the foundations of the constitutional system, its condition and problems; a retrospective of the development of the theoretical and legal model of the foundations of the constitutional system of the Russian Federation in the period of the recent history of the Russian state is given; in assessing the foundations of the constitutional system, the political and legal aspects are highlighted, their content is disclosed; the main range of problems in the characterization of democratic, federal, social, economic, ideological and humanistic types of the foundations of the constitutional system has been identified; recommendations are made on the development of the main features of the constitutional system of the Russian Federation in the context of a dynamically changing Russian society.

Development of national constitutionalism as the evolution of forms of social cohesion

Page:7-14

Release: 2019-1 (19)

DOI: 10.21777/2587-9472-2019-1-7-14

Annotation: This article analyzes the experience of several attempts to consolidate the Russian society in the twentieth century, which, according to the author, there is a mechanism to achieve civil unity and civic awareness in society. The author singles out seven stages of development of the Russian constitutionalism, each of which was inherent in the type of consolidation: stages of bourgeois-democratic and proletarian (index.php) consolidation period worker-peasant consolidation Soviet society, the circumstances of time almost turned out nationwide consolidation of society, stage of the crisis of the Soviet model of organization of the State and find new ways to consolidate the society, and, finally, beginning with the 1993 year stage of neo-liberal consolidating Russian society. If the bourgeois-democratic consolidation of society simply did not have time to take root, the revolutionary Russian society consolidation elements stand out: the privatization of the company; replacing the right revolutionary legal consciousness and morality-class sense; secularization; the Elimination of private property; the class dictatorship of the proletariat. The main ideological error of the Bolsheviks, they began to build a new world, ending with the traditional Orthodox basis for Russian lifestyle. The author concludes that consolidation of the neo-liberal in a number of its essential traits reminiscent of the revolutionary: privatization of society through total privatization and abandonment of social functions of the State, replacing the State guarantees pay-per-view services, law-corruption and discretion, morals-some European standards; loss of respect for private property, except property the “right” people; the class dictatorship of the bourgeoisie. Assessed spiritually-moral and political and legal characteristics of each historical period. It concludes that all took place in the history of models of consolidation have not had the ultimate success, because could not join socio-economic achievements with spiritual and moral values of the Russian nation.

Digital state: building problems in the russian federation

Page:13-20

Release: 2019-4 (22)

DOI: 10.21777/2587-9472-2019-4-13-20

Annotation: Digitalization has become one of the global problems of our time, requiring scientific understanding and legal regulation. The article is devoted to understanding the problems associated with the construction of a digital state in the Russian Federation. It develops the theoretical foundations of building a digital state, digital governance and a digital society, taking into account international experience.

Scientific and legal assessment of various approaches to the confederation device under eaeu development conditions

Page:16-25

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-16-25

Annotation: This article is the author’s material in a series of scientific publications devoted to the study and analysis of the legal nature of the supra-state and federal entities within the framework of further research and improvement of the mechanism of international legal and economic development of the EAEU aimed at developing recommendations for improving the legal foundations of the Union. The first major part of the scientific works was published and tested and implemented in the period from 2011 to 2018. In this intermediate scientific work, the scientific worker B.K. Azanov, considers a certain role and significance of the category “Confederation”. Conducts an original analysis of the approaches and opinions of scientists. In the course of the investigation, we come to the conclusion that there is no common opinion and common views on the understanding of the essence and the legal phenomenon of the Confederation. This scientific article, expands existing concepts, different positions and special approaches to the subject of discussion. The author consolidates the data, arguing all this with relevant conclusions, and a detailed study of the question.

The values and interests of the state and society in federal government standards on jurisprudence

Page:17-21

Release: 2019-2 (20)

DOI: 10.21777/2587-9472-2019-2-17-21

Annotation: This article is devoted to judicial training, the improvement of federal State educational standard. Unconditional necessity of educational activities are justified in the State language, the translation of the Graduate School of education structure in the structure of research training, the need for the right higher legal education in absentia as the first higher education.

25 years of the constitution of the russian federation: social and legal realities

Page:15-22

Release: 2019-1 (19)

DOI: 10.21777/2587-9472-2019-1-15-22

Annotation: A quarter of a century is a considerable time for any state, especially for a state whose name is Russian Federation. The 90s of the last century walked through the fate of millions of people in the hardest way. The society has gone through a most serious transformation of the country: from state regulation to a market economy, from a one-party system to a multi-party one. It was a time when the country’s leadership did not have a clear plan for change, society turned out to be at a historic crossroads. These processes were accompanied by unbelief, depression, the economy was falling apart, people’s well-being fell below a critical level. In such a difficult time, 1993 became a turning point, the referendum on the Constitution became an act of social consent. Article 7 of the Constitution of the Russian Federation states: “The Russian Federation is a social state whose policy is aimed at creating conditions ensuring a decent life and the free development of a person.” The article is devoted to the study of the implementation of the principle of social justice. Based on actual sources, the article concludes that one of the most important demands of society is the restoration of social justice. The unresolved nature of many problems affecting, above all, the material interests of the overwhelming majority of citizens in various spheres of life, is extremely painful for people. The author sees a way out of this situation in establishing the main reasons that give rise to social tensions at this stage of development of Russian society, and on the other, to find approaches to relieve or smooth out these tensions through further economic reforms that would meet the interests of the overwhelming majority of the Russian population.

Development of the law-making process in the conditions of digitalization of society and the state

Page:21-27

Release: 2019-4 (22)

DOI: 10.21777/2587-9472-2019-4-21-27

Annotation: The active development of digital technologies has an impact on the management processes and decision making processes in the Russian state. The article considers the possibilities of using digital and information technologies in the law-making process. The author notes the possibilities of using these technologies at the stage of law-making initiatives, emphasizing the importance of public law-making initiatives at the regional and municipal levels. Digital technologies create opportunities for civil dialogue between the government and society. The role of the Parliament in shaping and identifying the will of the people is also analyzed. The author gives suggestions of scientists and practical experience of Belarusian legislators on the use of digital technologies in the preparation of a draft regulatory legal act. In conclusion, the paper concludes that it is necessary to legislate the law-making process in the Russian Federation in the conditions of digitalization of society and the state.

Municipal formation in the sistem of public and private legal relations

Page:26-37

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-26-37

Annotation: The article considers the status of the municipality as a subject of public and private law relations; its content and development prospects are determined in the context of the new socio-economic policy and reforming the state and municipal government system.

Constitutional and legal basis of national policy and national relations in the russian federation

Page:22-30

Release: 2019-2 (20)

DOI: 10.21777/2587-9472-2019-2-22-30

Annotation: Discussed the current status of the legal framework regulating national relations. The paper presents normative legal acts that were adopted in the Russian state to regulate interethnic relations, acts aimed at preserving and developing the culture and languages of peoples, protection of the rights of indigenous peoples living in Russia. A separate group of legal acts consists of acts on the rehabilitation of repressed peoples. The author notes that in recent years in the Russian Federation focuses on the adoption of legal acts, regulating the monitoring of interethnic relations and prevention of interethnic conflicts. The author analyzes innovations Strategies of the state national policy of the Russian Federation. The paper specifies the legal basis for the functioning of public authorities, which are responsible for the issues of state national policy. In conclusion, the author makes conclusions and proposals to improve lawmaking and law enforcement in the field of regulation of interethnic relations.

International law and the constitution of the russian federation: interaction problems

Page:23-28

Release: 2019-1 (19)

DOI: 10.21777/2587-9472-2019-1-23-28

Annotation: The article discusses the relationship between the Constitution of the Russian Federation and international law in the context of the relationship between domestic and international law.

The digital future of law: hopes and threats

Page:28-34

Release: 2019-4 (22)

DOI: 10.21777/2587-9472-2019-4-28-34

Sactual aspects of improvement of the order of attracting citizens to administrative responsibility in russia

Page:38-42

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-38-42

Annotation: Currently, Russia is at a new stage in its historical development, in which, due to a shortage of funds in the budget, it is forced to replenish it due to administrative fines. The “Penal Economy” appeared in Russia, which during the years of crisis and numerous sanctions brought 4 times more money in comparison with taxes. This article explores the issue of the need to improve the system of penalties in order to further replenish the state budget. In this case, the main task is a comprehensive study, the adoption of a system of measures to improve the replenishment of the Russian budget through fines. Currently, administrative law is developing, changes are constantly being made aimed at improving the system of collecting penalties. There are a lot of decisions on imposing penalties, but, unfortunately, not all of them are paid. Therefore, it is necessary to introduce amendments to the administrative legislation and the legislation on enforcement proceedings that will be aimed at improving the procedure for recovering administrative fines.

General characteristics of the mentality of russian society

Page:31-35

Release: 2019-2 (20)

DOI: 10.21777/2587-9472-2019-2-31-35

Annotation: An important part of the Russian legal consciousness is the domestic legal mentality, which has a considerable influence on the nature of domestic law, especially its implementation. The ability to understand the specifics of the legal mentality of Russia to a large extent laid the foundations of successful lawmaking, effective activity of the subject of law. Understanding its meaning makes the work of the person who adopts legal norms more purposeful, aware of what goal he should strive for, and what is necessary for this. Ignoring the legal mentality will not allow to properly Express the aspirations of society in the legal law. But here there is a problem-what are these aspirations. It is important that they Express spiritual principles. The legal mentality, as a rule, is in the sphere of spiritual reality, derived from it. For the theory of law, a new type of mentality is important – spiritual and cultural, which expresses, as far as possible, the principles of spirituality in law, develops on the basis of universal and national culture, synthesizes moral-metaphysical and formal-legal principles, etc. Its main aspects: 1) ethical; 2) cultural; 3) philosophical; 4) psychological; 5) religious; 6) sociological; 7) ethnic. Legal mentality is characterized not only by the relevant principles, but also by axioms, which are its mental-psychological, intellectual attributes, without which it can not be spiritually and culturologically developed. They reflect the inner qualities (nature) of justice in its true meaning, are values that largely determine the spiritual state and development of justice.

Constitutional law and order and the problem of implementation of the universally recognized principles and norms of international law into the national legal system of russia

Page:29-37

Release: 2019-1 (19)

DOI: 10.21777/2587-9472-2019-1-29-37

Annotation: In article problematic issues of implementation of rules of international law in the national legal system of the Russian Federation and their influence on formation of law and order in our country are considered.

Problems of training law-students the technique of regulations analysis

Page:35-38

Release: 2019-4 (22)

DOI: 10.21777/2587-9472-2019-4-35-38

Annotation: Understanding the meaning of a particular legal norm, and even more so, the normative act as a whole, it can be a serious problem for students and practicing lawyers. How to correctly use philological, teleological, historical and political interpretation when understanding a particular legal prescription is illustrated by an example articles of the Code of administrative offences of the Russian Federation. It is much more difficult to comprehend the whole normative act, especially if the task is not just to remember it, but to understand what goals the legislator set for himself (I mean the mission of the act). It is necessary to understand whether there are hidden defects in the relations of this act with previously adopted ones, whether there are gaps in the procedure for implementing the act, whether there are incentives for law enforcement. This article describes ways to overcome typical problems on the example of a number of Russian laws.

On the question of the emergence of the science of administrative law in russia

Page:43-48

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-43-48

Annotation: Among the many issues relating to modern Russian administrative law, the question of its sources is important, because depending on how the issue is resolved, that is, what legally significant forms are recognized as the content and nature of the law industry itself depend. Administrative law has its own relatively independent system of sources of law. But the science of administrative law has not yet analyzed this phenomenon, has not developed a clear conceptual apparatus regarding this category, there is no uniformity in understanding and application of basic scientific terms. The article examines the emergence of the science of administrative law in Russia at the beginning of the nineteenth century, studying the positions of scientists involved in the dogmatic development of Russian administrative law at the turn of the nineteenth and 19th centuries. the evolution of the concept of internal governance is being explored. The article contains an analysis of the sources of administrative law at the turn of the 19th and 19th century: laws, decrees, customs, judicial and administrative practices.

Problems of improving legislation on education in modern russia

Page:36-42

Release: 2019-2 (20)

DOI: 10.21777/2587-9472-2019-2-36-42

Annotation: Some problems of the legal adjusting of higher legal education are examined in the article. The special attention an author turns on a concept vehicle, that дан in a law in force “About education in Russian Federation”, in that higher education is not named professional, that, in opinion of author, not right. On the basis of legislation about education citizen of Russia, studying in organization of higher education, a profession does not get, and “Jurisprudence” studies to direction. The problem of in absentia legal education that a citizen could get before rises in the article, but presently education on an in absentia form maybe only, if a person gets the second higher and subsequent education, whatever an author agrees with. The constitution of Russian Federation in article 43 gives to each a right to education, and the state supports the different forms of education and self-education. Limit of right on the receipt of higher legal education on an in absentia form, to according to

Russian democracy at the crossroads. Flaws and shortcomings of democracy

Page:38-47

Release: 2019-1 (19)

DOI: 10.21777/2587-9472-2019-1-38-47

Annotation: The article is carried out wide-ranging analysis of the strengths and weaknesses of democracy in its application to the modern Russian reality.

Cable power lines as objects of real estate

Page:39-45

Release: 2019-4 (22)

DOI: 10.21777/2587-9472-2019-4-39-45

Annotation: The relevance of considering the legal regime of cable power lines is due to the lack of a uniform law enforcement approach in judicial and supervisory activities, due to the lack of a single regulatory regulation and theoretical justification. Cable lines are an important part of production processes, but are deprived of due legal regulation at present. The purpose of this article is to identify the legal nature of cable power lines in the context of modern legislative regulation and enforcement aspects. The analysis of individual regulatory acts and enforcement positions allows us to identify the existing contradictions and conflicts. The methodological basis of the study was the analysis of individual regulatory acts in the field under consideration, as well as decisions on specific issues directly or indirectly associated with the identification of the specifics of the steam regime of the analyzed object. The result of the study was the author’s conclusions about the specific legal nature of the investigated object, put in context dependence.

The questions of good faith in the dynamics of easements

Page:49-55

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-49-55

Annotation: The article discusses the category of good faith in the context of the exercise of civil rights to property belonging to another person. The current legislation enshrined the principle of good faith in relation to all civil law institutions. An analysis of modern legislation allows us to conclude that today there are no clear and uniform approaches to understanding and disclosing the good faith of both a general and holistic category, and within individual civil law institutions. Based on the methods of analysis and comparison, an attempt was made to trace the implementation of this principle in the dynamics of the right of limited use of someone else’s real estate (easement). The article states the shortcomings that exist in the rules governing the relevant relations. Taking into account the analysis of theoretical and law enforcement material, the author made some conclusions on this issue. The author concludes that it is impossible to formulate a common understanding of good faith in easement law, since it is made dependent on the dynamics of the corresponding relationship. The results of the study can be applied in the law enforcement process in the regulation of relations in the field of easement relations.

Constitutional bases of state health care management in the russian federation

Page:43-49

Release: 2019-2 (20)

DOI: 10.21777/2587-9472-2019-2-43-49

Annotation: The article describes the constitutional basis for the functioning of the health care system in the Russian Federation, the legal framework for the organization of health care, as well as describes the main problems of public administration in the field of health care at the present stage. The characteristic of normative legal acts operating in the health care system is given. The tasks of the target program of development of the pharmaceutical and medical industry of the Russian Federation for the period up to 2020 are revealed. The basic principles of the national health care system existing in the Russian Federation are noted. Proposals for a unified health policy in Russia concerning modern legislation are given. It is proposed to restore and reform the vertical management, namely the redistribution of funds allocated resources. The existing number of unresolved organizational problematic aspects and certain structural imbalances are noted. The article reveals the features of the modern health care management system in the Russian Federation. The main directions of further development in the field of health care management in the Russian Federation are reflected. The most important directions of administration of work on regulation of interaction of public authorities in system of management of health care in Russia are noted.

Democracy as a foundation of social unity of russian state

Page:48-54

Release: 2019-1 (19)

DOI: 10.21777/2587-9472-2019-1-48-54

Annotation: In the article, the problems of implementation of constutionally declared principle of democracy are actualized conceptually. The established in Russia political and law regime of free political representation is analyzed. The wording of national idea providing the unity of multi-national Russian people and state integrity is proposed. On the side, there are specified the reasons which obstruct the establishment of the regime of democracy in state and the shift of scientific and social paradigm of rule of the people as a collective subject of law.

Public procurement: applied measures of administrative liability

Page:56-62

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-56-62

Annotation: The article considers the development of public procurement to achieve its high openness and transparency. The study purpose is to assess the effectiveness of legal penalties in the public procurement. The study purpose was realized by analyzing data on major violations of public procurement. This ensured the attainment goal. Data analysis showed the ineffectiveness of penalties (administrative liability) in Public Procurement. The authors suppose that the further development of public procurement will be focused on toughening the measures of administrative liability of procurement participants for corruption.

Basic terms of the institute of contract termination

Page:46-51

Release: 2019-4 (22)

DOI: 10.21777/2587-9472-2019-4-46-51

Annotation: Termination of the contract is a problematic aspect in the contractual dynamics, as it acts as a negative form of their termination. The regulation of this process requires exceptional accuracy and unification. However, in the legislation there is a philological imbalance of the apparatus used. In this regard, the article is devoted to the analysis of the validity of using different terminology in determining cases of termination of contractual obligations by agreement of its parties, at the request of one of the parties in a judicial proceeding and by unilateral refusal to execute a contract without a trial. The methodological basis of the study was the analysis and systematization of available data in the regulatory and enforcement components. The result of the study was the author’s suggestions on certain issues of improving the current legislation aimed at stabilizing law enforcement.

Compensation as a way to protect exclusive rights to technical solutions

Page:63-69

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-63-69

Annotation: The article describes the peculiarities of applicable intellectual property law. The existing judicial practice, applies by the judicial authorities when considering cases and determining the amount of compensation claimed in case of violation of exclusive rights to technical solutions, concerning illegal use of technological solutions, patent infringement has been analyzed. Approaches to determining the nature of the institution of compensation for violation of exclusive rights have been considered.

25 years the constitution of the russian federation on guard of the common economic space and competition

Page:50-54

Release: 2019-2 (20)

DOI: 10.21777/2587-9472-2019-2-50-54

Annotation: For 25 years, the Constitution of the Russian Federation protects the common economic space of the Russian state, creating its economic sovereignty, forming a non-discriminatory economic space. In accordance with the Constitution of the Russian Federation and elements of the constitutional mechanism, legal structures aimed at protecting the participants of economic turnover, the Government of the Russian Federation is taking certain measures to implement the strategy of competition and antitrust regulation. The system of measures of this strategy is analyzed in this article in the context of the development of the General legal and constitutional model of the single economic space. Among the basic principles of constitutional regulation, the principle of Antimonopoly regulation is the basis for determining the presence of a competitive environment and the protection of economic space. This article summarizes the complex of organizational and legal measures to improve competition law and its application in the Russian Federation. The article formulates measures to implement the constitutional principle of free movement of goods, services, vehicles and support of competition.

Historical varieties and characteristic features of the republican form of government

Page:55-62

Release: 2019-1 (19)

DOI: 10.21777/2587-9472-2019-1-55-62

Annotation: This article discusses the varieties of the republican form of government that existed throughout history, as well as the characteristic features inherent in the republic. The authors’ goal is to analyze and formulate the main characteristics of the republican form of government, taking into account the historical development of this political phenomenon. This topic is relevant in connection with the substitution and loss of republican and democratic values that often takes place in modern times. With the fall of the legal culture of citizens, the decline of interest in preserving the principle of election of power, the legal legacy of the past merits deserves first priority attention. With the examples of the brightest types of the republic, the authors analyze the main features of the republican form of government, both originated in ancient times and acquired in the recent past. The article reveals the historically formed signs of republican power. As the main results, the authors formulate the characteristic features of the republican form of government.

Digitalization as a problem of psychological impact of cybermobbing on a person

Page:52-56

Release: 2019-4 (22)

DOI: 10.21777/2587-9472-2019-4-52-56

Annotation: The relevance of this problem is quite high, because in our modern world, where technologies have taken an advanced position in human life, including the computer, replacing it not only with communication with people, but also transferring the entire human life to another space, the space of the Internet. So children begin to be brought up in this space of the Internet, viewing various cartoons, pictures and playing computer games.

Peculiarities of family law regulation in roman private law

Page:70-73

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-70-73

Annotation: In the framework of this article, the specificity of the legislative regulation of family relations in the private law of ancient Rome is examined in general. The authors notes that for quite a long time the family retained its exclusivity and its inherent closeness, and only gradually the relations developing in it began to fall under civil law regulation, and the legal regulation continued to penetrate deeper and deeper into the family and personal relationships of its members.

The right of a taxpayer to appeal against acts of tax authorities

Page:55-60

Release: 2019-2 (20)

DOI: 10.21777/2587-9472-2019-2-55-60

Annotation: The article is devoted to the consideration of one of the rights of a taxpayer – the right to appeal against acts of tax authorities on bringing to responsibility. The rights of taxpayers are established by the Tax Code of the Russian Federation. The right to appeal against acts of tax authorities enables the taxpayer to protect his rights from unlawful claims of the state. Despite the fact that the position of the taxpayer is not always indisputable, the presumption of taxpayability of the taxpayer is valid in the tax law. That is, the taxpayer is considered right until the return is proved. Legislation has established a two-stage appeal procedure: first to a higher tax authority, and then to a court. As a rule, the higher tax authority supports the decision of the lower tax authority, therefore overpayers have to defend their rights in court. When considering cases in the courts, the task of the courts is both in the proper application of the law and in establishing a balance of public and private interests. In some cases, the tax authorities broadly interpret the provisions of the law, therefore, taxpayers must use all the facilities for their protection.

Problems of legal regulation of bank lending to individuals in the field of interaction of banks and credit bureaus

Page:63-67

Release: 2019-1 (19)

DOI: 10.21777/2587-9472-2019-1-63-67

Annotation: The article deals with the features of interaction between banks and credit bureaus. The existing legal framework in this sphere of activity is analyzed, the activity of banks to assess the creditworthiness of a potential borrower is considered.

The information rights and information interests of children to pay extra attention

Page:57-65

Release: 2019-4 (22)

DOI: 10.21777/2587-9472-2019-4-57-65

Annotation: The modern period of development of society is characterized by constant rapid improvement of information technology and the formation of a new digital space. The real paradigms of information relations give rise to completely new, previously unknown to legal science, risks to the information security of minors. The article analyzes the possibility of creating a safe information environment for positive socialization and individualization, optimal social, personal, cognitive and physical development, preserving mental and psychological health and well-being, as well as creating a positive worldview of the child. It also offers actions aimed at preventing risks and threats to children associated with the use of modern information technologies. The study revealed the main directions of improving state information in the field of ensuring the information security of minors, as well as organizing compulsory work with parents (legal representatives) of children and pedagogical workers in order to counter dangerous encroachments on the rights and interests of children on the Internet.

Procedural guarantees of rights of minors suspected and accused to communicate with its legal representatives

Page:74-77

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-74-77

Annotation: The article substantiates the need to supplement the Russian criminal procedural law with guarantees of the rights of juvenile suspects, accused and their legal representatives to communicate with each other. The important presence of the legal representative of the minor suspect, the accused has a number of rights to perform those actions, the successful implementation of which for the minor would be difficult, and in some cases impossible. An example is given that the Code of Criminal Procedure of the Republic of Moldova enshrines the right, both of the legal representative of the injured, injured, civil plaintiff, and of the legal representative of the suspect, accused, defendant, admitted to participate in criminal proceedings in this capacity, to freely and confidentially communicate with him person without limiting the number and duration of conversations. It is proposed that legal representatives should be guaranteed the ability to protect the rights and interests of represented persons - minor suspects, accused, and to ensure this possibility it is necessary to provide legal representatives with the same rights to visit a minor suspect or accused as the defense attorney.

The civil nature of the concept of “damages”

Page:61-63

Release: 2019-2 (20)

DOI: 10.21777/2587-9472-2019-2-61-63

Annotation: In the article on the basis of the analysis of the existing legal acts, reference judicial practice, as well as scientific sources, the concept of “damages”, which is one of the most important links of the civil conceptual and categorical apparatus, is considered. In the work the author focuses on the debatable nature of the concept under study, it is noted that the success of law enforcement depends largely on the correct understanding of the definitive semantic load of “losses” in the theory of civil law. Based on the evidence, it is concluded that damages are a universal measure of civil liability applicable in both contractual and non-contractual obligations.

Legal status of a minor child and its implementation in the russian legislation

Page:68-72

Release: 2019-1 (19)

DOI: 10.21777/2587-9472-2019-1-68-72

Annotation: The article discusses the legal status of a minor child, which is enshrined in the Constitution of the Russian Federation. The role of the Constitution of the Russian Federation as the most important component in the legal system of Russia is shown. The positive approaches that have developed in our country in the protection and realization of the rights and interests of the child are noted. The characteristic of the concept of “juvenile legal personality” is given. The structural elements of the juridical personality of a minor – legal capacity and capacity are considered. The various points of view existing in Russian legal science on the concepts of “legal subject”, “subject of law” are noted. The position of a number of Russian jurists on the relationship between the concepts of “legal status” and “subject of law” is presented. An attempt was made to analyze these categories; the specificity of their implementation in the legislation of Russia is shown.

Electronic access to information protected by copyright, via specialized mobile appendices in information-telecommunication network «internet»

Page:66-73

Release: 2019-4 (22)

DOI: 10.21777/2587-9472-2019-4-66-73

Annotation: In this article, the author wanted to reflect the legal reality that was formed in the information and telecommunication network “Internet” (hereinafter referred to as the Internet). The main goals of writing this article are to reflect legal support within the framework of the current legislation in the Russian Federation, as well as scientific analysis on the example of legal interaction between legal entities and copyright objects on the Internet. The relevance of this article is expressed in defining the legal principles of copyright protection, defining methods for protecting copyright in the modern global information space. The method of research when writing the article was law enforcement and a general analysis of the legal relevance of the interaction of legal entities when using information content posted for public access on the Internet. The result of a study using a specific example in the main part of the text of this article will be the exact application of the existing laws and regulations of the Russian Federation in the formation of algorithms and practical actions for the implementation of copyright in the Internet.

Topical problems of classification of crimes endangering a persons life and health

Page:78-82

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-78-82

Annotation: Crimes that endanger the life and health of a person are socially dangerous acts that create or do not eliminate the real danger of harming the life or health of another person, if the guilty person has no direct intention with regard to possible consequences in case of danger. Crimes endangering life and health are those violating the safety of given personʼs welfare the responsibility of which is regulated by art.116, 119, 120, p.1 art.122, p.1 art.123, art.125 of Criminal Code. Despite the fact that theoretical aspects of penal responsibility against life and health are considered as one of the most developed crimes in criminal law they were deprived of scrupulous attention. The lack of a single point of view regarding the definition and types of crimes that threaten human life and health leads to difficulties in qualifying these crimes and distinguishing them from other related elements.

Public law entity’s quilt as a condition of civil law liability

Page:64-67

Release: 2019-2 (20)

DOI: 10.21777/2587-9472-2019-2-64-67

Annotation: This article discusses the matter of a public-law entity’s quilt as a condition of bringing to the civil-law liability, and characteristics of the compensation for harm caused by the public-law entity accordingly with contractual or tortious form of the liability. The article includes issues like legal personality of public-law entity in the legal relationships, based on assignment of responsibility on state and municipal authority as a public-law entity, whose founder is a local citizens. The article describes a degree of applicability of different concepts of quilt, which imputes to subjects of law as a corporation at all, and as a public-law entity particular. The article considers distribution of quilt and responsibility between corporation and person, and application of recourse responsibility.

Concept, nature, essence and features corporate relations

Page:73-79

Release: 2019-1 (19)

DOI: 10.21777/2587-9472-2019-1-73-79

Annotation: The article discusses the main points of view on the nature and essence of corporate legal relations, reveals their place in the system of civil law regulation of public relations, identifies features and specifics of corporate legal relations, gives examples of various groups of corporate relations arising in the process of creation, activity and termination of commercial and non-commercial corporate organizations. Attention is drawn to the fact that the norm of Article 65.2. The Civil Code of the Russian Federation, which enshrines the rights and obligations of the participants of the corporation, does not distinguish between commercial and non-profit corporate organizations. Accordingly, the unified approaches proposed by the legislator to regulate relations that take shape within corporations do not take into account the differences in their creation and the legal status of their participants, which inevitably leads to contradictions in the legal regulation of this sphere of relations. At the same time, it is concluded that changes and additions to civil legislation on legal entities that gave participants of corporate organizations the rights and obligations towards the corporation itself (Chapter 9.1 “Decisions of meetings” of the Civil Code of the Russian Federation) significantly enriched the internal legal regulation of corporate entities.

Judicial protection in digitalization

Page:74-78

Release: 2019-4 (22)

DOI: 10.21777/2587-9472-2019-4-74-78

Annotation: This article discusses the application of new information technologies in order to achieve transparency, access to justice related to the digitalization of judicial activity. The possibility of introducing artificial intelligence into the judicial system of the Russian Federation. Problems and tasks of the Internet distribution in each subject of the Russian Federation. The issue of the complete replacement of lawyers with pre-programmed machines is also being considered. Sentencing based solely on statistics without regard to moral standards. The relevance of the article cannot be overestimated due to the fact that the speed of introducing artificial intelligence is significantly higher than the speed of development of the legal field. All the stated conclusions in the article are based on the international experience of other countries whose success in the development and implementation of digital technologies is obvious. The main problem that is considered in the framework of this article is the large scale and territory, as well as insufficient computer literacy of citizens. From the point of view of law, the main issue is the lack of a law that should regulate legal relations within the Internet.

Features of use of video conferencing in the conditions of a pre-trial detention center

Page:83-87

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-83-87

Annotation: This article is devoted to the issue of videoconferencing with persons who have chosen a preventive measure in the form of detention and are in a pre-trial detention center, based on the study of the activities of these institutions in Moscow and the Moscow region. The purpose of this study is to develop measures aimed at optimizing the criminal process in relation to persons in custody.

Shegalo D.D.

Page:68-72

Release: 2019-2 (20)

DOI: 10.21777/2587-9472-2019-2-68-72

Annotation: Currently, the system of the Ministry of internal Affairs of Russia faces a global task – to improve the quality of work in all areas that are within the competence of the Ministry, to optimize the qualitative and quantitative composition of the police, to introduce modern technical and information tools into its practical activities. It is difficult to develop universal criteria for the effectiveness of the police in General, and patrol officers in particular, because their activities are very diverse. Analyzed the legal norms in the organization of the activities of combat units of the patrol service of the police and the Orders of the Ministry of internal Affairs of Russia on the monetary allowance of the police officer, the author came to the conclusion that it is necessary to make additions to the normative legal acts, which should positively affect the efficiency of employees patrulno-sentry duty of police.

The principle of the inviolability of the home in criminal proceedings: the legal framework, content, guarantees

Page:80-83

Release: 2019-1 (19)

DOI: 10.21777/2587-9472-2019-1-80-83

Annotation: The article analyzes the norms of the Constitution of the Russian Federation and the Criminal procedure code of the Russian Federation, regulating the right of citizens to inviolability of the home. The author reveals the basic guarantees that ensure the protection of the home from illegal penetration into it by law enforcement officers.

Qualification of crimes: concept, meaning, problems

Page:79-84

Release: 2019-4 (22)

DOI: 10.21777/2587-9472-2019-4-79-84

Annotation: The article discusses the features of the qualification of crimes on the example of the qualification of crimes related to narcotic drugs and psychotropic substances. It is reflected that the correct legal assessment of the committed act presupposes that the law enforcer has deep knowledge in the field of the theory of qualification of crimes, its place and role in criminal law, as well as general, private and individual rules for qualifying a crime. The relevant rules are determined in accordance with the Criminal Code of the Russian Federation, explanations on the application of legislation formulated by the Plenum of the Supreme Court of the Russian Federation in relevant decisions, as well as the doctrine of criminal law and judicial practice. The problems of qualification of crimes in the context of the dynamic development of public relations protected by criminal law are analyzed. The conclusion is made that it is necessary to take into account all objective and subjective signs when qualifying crimes provided for in Article 228 of the Criminal Code of the Russian Federation, and to introduce the corresponding amendments to the criminal law, which acquire both theoretical and practical significance.

Historical aspects of development of the migration legislation of russia of the presoviet period

Page:73-77

Release: 2019-2 (20)

DOI: 10.21777/2587-9472-2019-2-73-77

Annotation: In modern society, migration processes have become quite common and significant phenomenon. Migration as a phenomenon historically characteristic of people also takes on new forms and character. The Institute of Migration is comprehensive and is considered in historical, demographic, social and other aspects. Given the importance of migration legislation in the implementation of the state migration policy of the Russian Federation, the problems of regulating migration relations are always in the center of attention of the state. This circumstance puts forward, among other tasks, the need for a historical and legal analysis of the processes of formation and development of migration legislation at various historical stages. The article confirms the importance of migration studies for modern society. The study examines the main aspects of the formation and development of migration legislation in Russia of the pre-Soviet period. The factors affecting the formation of the migration legislation of Russia until October 1917 are indicated. A brief description of each of the stages in the formation of the migration legislation of Russia is illustrated by the most significant legislative acts. The interdependence of migration processes and historical and political events is determined. Using the historical method made it possible to single out the stages of the development of the migration legislation of Russia of the pre-Soviet period, to trace the trends of its development and improvement until 1917.

About constitutional “equality” of protection of all forms of property in the russian criminal legislation

Page:84-88

Release: 2019-1 (19)

DOI: 10.21777/2587-9472-2019-1-84-88

Annotation: The article deals with the issues of non-compliance of criminal law on liability for fraud with the constitutional Declaration of equality of protection of all forms of property and the principle of equality of citizens before the law. The author examines the sanctions of criminal law norms providing for responsibility for various types of fraud, and points to the lack of their adequacy to the public danger of crimes of this type. The question is raised as to the fairness of establishing different levels of significant, large and particularly large damage to “ordinary” fraud and fraud involving deliberate non-performance of contractual obligations in the field of business. Using a systematic method of research, using the etymology of some concepts, the author draws attention to the inequality of protection of property of legal entities – banks and legal entities – credit institutions with state protection of property of other victims. Violation of the principle of equality of citizens before the law and equality of protection of all forms of property in fraud against the insured citizen by the representative of the organization-the insured is stated. It is concluded that it is necessary to further improve the criminal law and law enforcement practice in cases of fraud.

Luhansk and donetsk people’s republics, as well as transnistria, have all the international legal grounds for their diplomatic recognition

Page:7-15

Release: 2018-4 (18)

DOI: 10.21777/2587-9472-2018-4-7-15

Annotation: The article deals with the modern approaches to diplomatic recognition of the new States, argues the conclusion that Donetsk and Luhansk people’s Republic have the necessary international legal grounds for their diplomatic recognition: a permanent population, a defined territory, a government capacity to enter into relations with other States. Examples of difficulties with the diplomatic recognition of the history of international relations.

The phenomenon of constitutionalism in modern russian legal literature

Page:7-10

Release: 2018-3 (17)

DOI: 10.21777/2587-9472-2018-3-7-10

Annotation: The article discusses various interpretations of the concept of «constitutionalism» that exist in modern Russian legal literature. Special attention is paid to philosophical and legal definition of the phenomenon of constitutionalism. The article also focuses on the issue of classification of constitutionalism from the perspective of its application in practice.

About selected problems of classical vehicles import and maintenance

Page:5-27

Release: 2018-2.1 (16)

DOI: 10.21777/2587-9472-2018-2-5-27

Annotation: The article examines the legislation of the Russian Federation and regulatory legal acts of the Eurasian Economic Commission in the purview of maintenance of vehicles manufactured for 30 years ago at least; analyzes the foreign experience in the authenticity of vehicles. The authors reveals the shortcomings of the existing system of legal regulation in this purview and of foreign approaches to the classification and evaluation of retro cars. The article presents the author’s system for classifying and identifying the original level of vehicles.

The modern problems of administrative law and process

Page:7-9

Release: 2018-2 (15)

DOI: 10.21777/2587-9472-2018-2-7-9

Annotation: In this article the author analyzes some problems of administrative law and administrative process at the present stage of development of Russian legal system. It is necessary to analyze the problem of subdivision of administrative process into administrative-jurisdictional, administrative-procedural and administrative proceedings.

Status and problems of federal relations development in russia

Page:7-14

Release: 2018-1 (14)

DOI: 10.21777/2587-9472-2018-1-7-14

Annotation: The article examines the constitutional and legal foundations of the state system of Russia, analyzes their state, identifies the problems and trends in the development of federal relations.

The doctrine of legal personality in dissertation research in Russia (xix - early xx centuries)

Page:16-22

Release: 2018-4 (18)

DOI: 10.21777/2587-9472-2018-4-16-22

Annotation: The article deals with master’s and doctoral dissertations in various branches of science (first of all under state law), in which the author chose certain issues of the legal personality doctrine as a subject of research, and defended in Russian imperial universities during the 19th and early 20th centuries. The main goal of the authors in the analysis of these works was to investigate with the help of the comparative-historical method, as well as formal-logical techniques, the main tasks, content, and the results obtained by pre-revolutionary jurists, who were represented by them in the forms of scientific knowledge. There were a very small number of studies on the subject and that was due to the level of domestic legal science in the XIX century in Russia. Substantiated the continuation of the study of the results of dissertation research on the problems of legal personality in the Soviet and post-Soviet period with the aim of preparing an information base for making historically based law-making government decisions.

Precedent is a source of international law?

Page:11-14

Release: 2018-3 (17)

DOI: 10.21777/2587-9472-2018-3-11-14

Annotation: The article analyzes the notion of «the sources of international law». The author undertakes to answer the question: is a judicial precedent source of international law.

The practice of tax evasion by transnational corporations in the context of interaction between national and international law

Page:10-13

Release: 2018-2 (15)

DOI: 10.21777/2587-9472-2018-2-10-13

Annotation: The paper explores the problems of tax evasion by transnational companies. The scale of the international phenomenon of tax evasion, the degree of influence of international production and trade operations and supply chains on the world economy pose this issue in the center of attention of researchers.

The formation of the welfare state in modern russia

Page:15-21

Release: 2018-1 (14)

DOI: 10.21777/2587-9472-2018-1-15-21

Annotation: The paper considers the policy of the Russian State in the social sphere. The establishment of the State of conditions for a dignified life and free development of man.

Problems of legal liability of students

Page:23-27

Release: 2018-4 (18)

DOI: 10.21777/2587-9472-2018-4-23-27

Annotation: The article analyzes the current state of the problems of students’ legal responsibility.

On the development prospects of administrative legal proceedings in the russian federation in public law cases

Page:15-21

Release: 2018-3 (17)

DOI: 10.21777/2587-9472-2018-3-15-21

Annotation: The aim of this article is to consider some development prospects of administrative legal proceedings in the Russian Federation, including conceptual fundamentals, associated with the improvement of the conceptual and categorical apparatus, on which a public legal investigation relies on, as well as the prospects of implementation of the administrative courts system, and the development of the institution of free legal assistance in relation to the representatives activity in the administrative legal proceedings etc.

Achieving justice in the russian society: socio-legal aspects

Page:14-21

Release: 2018-2 (15)

DOI: 10.21777/2587-9472-2018-2-14-21

Annotation: The article analyzes the influence of the great October revolution, which predetermined a fundamental change in the historical course of development not only in Russia and Europe, but in General and around the world. The main attention is paid to the analysis of the development of Russian modern society in market relations. The authors come to the conclusion that the society has failed to fully implement such overriding principles as the equality of all before the law and before the court concerning the rights of man and citizen, unable to optimally implement the idea of justice. The authors, without idealizing socialism as a form of social system, still see it as a lot of positive for the society, which gave a significant impetus to economic growth and the formation of a healthy and moral society in General, including raised many millions from the level of poverty to the average, or at least a comfortable level. The article shows the difficulties that modern Russian society is experiencing in the conditions of market relations development.

Actual problems of local self-government and ways of its development in russia at the present stage

Page:22-25

Release: 2018-1 (14)

DOI: 10.21777/2587-9472-2018-1-22-25

Annotation: The article deals with the problems of local self-government and the ways of its development at the present stage. A large number of activities have been carried out for the development and formation of a regional selfgovernment, but some difficulties have still not been fully resolved.

The problem of conflict of interest in system of public service

Page:28-33

Release: 2018-4 (18)

DOI: 10.21777/2587-9472-2018-4-28-33

Annotation: In this article the authors investigate the problems of such legal phenomenon as a conflict of interest in the system of public service of the Russian Federation, reveals its importance and analyzes the main legal acts regulating this institution. This problem at the present stage of development of public administration is quite relevant and has a significant scientific interest. This is due to the reasons, among which are the consolidation of the principles of the civil service, the foundations of professional ethics of civil servants, as well as the norms of the proper performance of their duties.

To the question of the essence of the social phenomenon «conservation of the intangible cultural heritage» and its importance in development of the modern society: theoretical and legal aspects

Page:22-28

Release: 2018-3 (17)

DOI: 10.21777/2587-9472-2018-3-22-28

Annotation: The theoretical and methodological and legal problems of the “intangible cultural heritage” as a social phenomenon are considered in the article and the bases of the state policy in relation to the monuments of cultural and historical heritage are determined.

Relationship of legal culture of the legislator and society

Page:22-25

Release: 2018-2 (15)

DOI: 10.21777/2587-9472-2018-2-22-25

Annotation: The article analyzes the problem improving the legal culture of the legislator, emphasizes the relationship between the legal culture of the legislator and the legal culture of society.

Optimization of the state policy in the field of protection the interests of children

Page:26-31

Release: 2018-1 (14)

DOI: 10.21777/2587-9472-2018-1-26-31

Annotation: The article presents a brief history of the state policy in the sphere of protection of interests of minors. It is noted that since the beginning of the twentieth century in the country there are lements of the juvenile justice system. After the revolution of 1917 there are several state bodies dealing with minors who monopolized this activity, excluding independent civil society institutions. Shows the structural components of the created system of state authorities of the Russian Federation in the sphere of protection of rights and interests of minors.

Contract law: brief overview across jurisdictions

Page:34-40

Release: 2018-4 (18)

DOI: 10.21777/2587-9472-2018-4-34-40

Annotation: The article: the article, based on the study of literary sources and analysis of domestic and foreign legislation of different time periods, starting with Roman private law, the stages of development of legal regulation and registration of the transaction are examined.

The features and significance of business insurance against damage caused by offenses

Page:29-32

Release: 2018-3 (17)

DOI: 10.21777/2587-9472-2018-3-29-32

Annotation: The article, based on the analysis of domestic and foreign legislation, addresses issues of insurance protection of business entities from unlawful actions of employees and other persons.

Conflict-legal regulation of personal non-property and property relations between marrieds

Page:26-31

Release: 2018-2 (15)

DOI: 10.21777/2587-9472-2018-2-26-31

Annotation: The article deals with aspects of property and personal non-property relations between spouses in the context of their conflict of laws regulation. Collision principles of regulation of property relations between spouses in Russia and abroad are compared.

To the question of the contractual nature of the insurance of insurance obligations

Page:32-39

Release: 2018-1 (14)

DOI: 10.21777/2587-9472-2018-1-32-39

Annotation: Within the framework of this article, the specificity of the insurance contract, which is a key legal form of insurance relations in the conditions of modern realities, is explored.

Marriage ceremony and legal status of spouses in ancient rome

Page:41-45

Release: 2018-4 (18)

DOI: 10.21777/2587-9472-2018-4-41-45

Annotation: The article: the article, on the basis of an analysis of the laws of ancient Rome, the features and order of marriage are examined, and the specificity of the legal status of spouses is analyzed.

Part-time work and the right to receive a child-care allowance: conflict of rules or concepts

Page:33-37

Release: 2018-3 (17)

DOI: 10.21777/2587-9472-2018-3-33-37

Annotation: The article deals with the problems of obtaining a monthly allowance for child care by persons who continue to work part-time. Comparative legal analysis of certain rules governing the right of an employee to work in such conditions, while receiving child care benefits, allows us to state their “inconsistency”, which requires adjustment of the legislation.

Some of the issues of law enforcement on the division of joint property between the former spouses

Page:40-42

Release: 2018-1 (14)

DOI: 10.21777/2587-9472-2018-1-40-42

Annotation: In this article we are talking about discussion points that arise in the process of division of property of spouses whose marriage has been dissolved. Analyze judicial practice, the argument in favor of using in such cases the General provisions on the regime of joint property of spouses does not change until it is divided or determine it a share.

The problem issues of the implementation of the constitutional principle of law equality of ownership

Page:46-51

Release: 2018-4 (18)

DOI: 10.21777/2587-9472-2018-4-46-51

Annotation: The article deals with the problematic issues of implementation of the constitutional principle of equality of forms of ownership, as well as the ways of their solution.

The principle of «refusal of signs of a legal entity» in the corporate law of south korea

Page:38-40

Release: 2018-3 (17)

DOI: 10.21777/2587-9472-2018-3-38-40

Annotation: The article reveals the main characteristics of the principle of «refusal of features of a legal entity» applied by courts in South Korea, the principle is compared with the legal design of «the removal of corporate veils», common in a number of foreign countries, the opinion is expressed on the usefulness of applying this principle to arbitration courts of the Russian Federation.

To the question about the concept of corporations and corporate law in the russian legislation

Page:38-43

Release: 2018-2 (15)

DOI: 10.21777/2587-9472-2018-2-38-43

Annotation: This article analyzes the relationship between the concepts of “corporate law” and “business law”, “commercial” and “commercial law” as well as the meaning of “corporate entity” in Russian law.

The problem of classification alternative dispute resolution

Page:43-45

Release: 2018-1 (14)

DOI: 10.21777/2587-9472-2018-1-43-45

Annotation: The article discusses and analyzes the different classifications of alternative dispute resolution. The author identifies the advantages and disadvantages of each of the presented approaches. The author presents his own classification of ADR.

Legal essence of the credit agreement

Page:52-57

Release: 2018-4 (18)

DOI: 10.21777/2587-9472-2018-4-52-57

Annotation: The article deals with the peculiarities of regulation of banking activities in the field of consumer lending on the basis of the loan agreement. The existing legal framework in this sphere of activity is analyzed, the legitimacy of interaction between the creditor and the borrower is considered.

Corporate governance: legal aspects

Page:41-49

Release: 2018-3 (17)

DOI: 10.21777/2587-9472-2018-3-41-49

Annotation: The article discusses approaches to the scientific and theoretical, legal and organizational-normative definition of corporate governance. Various points of view on the nature and essence of corporate governance are given, a generalized universal definition of corporate governance is formulated. The actual problems of legal and regulatory fixing of rules and standards in this area are revealed. It is noted that at the moment, along with the radical reform of corporate legislation, an active formation of “soft” (intra-firm) law is underway. The rules of “soft” internal corporate governance are enshrined in the statutes, standards, principles that have a recommendatory and not mandatory nature, which to some extent reduces the discipline of the administration and top managers of the company, reduces the degree of awareness, and guarantees and protection of investors, participants, members of corporations, in particular shareholders. In this regard, proposals are made for improving the regulatory framework for corporate governance and the development of corporate law.

On the main issues of the settlement agreement in the proceedings

Page:44-55

Release: 2018-2 (15)

DOI: 10.21777/2587-9472-2018-2-44-55

Annotation: Within the framework of the presented work, basic issues of amicable agreement have been discussed. The choice of topic is conditioned by the value of amicable agreement, including, in the civil process the principle of disposability, which is most vividly expressed in the opportunity provided to the parties to complete an amicable dispute in the judicial proceedings.

Compensation for unused holiday at dismissal: priority problems of application of the convention of the international labour organization no. 132 on holidays with pay

Page:46-50

Release: 2018-1 (14)

DOI: 10.21777/2587-9472-2018-1-46-50

Annotation: In the article the problems of application of article 127 of the Labour code of the Russian Federation in the part of the payment to the employee monetary compensation for all unused vacation at his dismissal arising after the ratification of the Federal act of 1 July 2010 No. 139-FZ of the Convention on paid leave (Convention No. 132) of the International labour organization.

Features of criminal responsibility of underage

Page:58-61

Release: 2018-4 (18)

DOI: 10.21777/2587-9472-2018-4-58-61

Annotation: The article analyzes the rules governing the types and features of the criminal responsibility of minors. The author also identifies the distinctive signs of criminal r esponsibility of minors from the responsibility of adults.

LEGAL MEASURES FOR THE PROTECTION OF JUVENILE OFFENDERS FROM FURTHER CRIMINALIZATION IN FOREIGN COUNTRIES

Page:50-54

Release: 2018-3 (17)

DOI: 10.21777/2587-9472-2018-3-50-54

Annotation: This article discusses issues related to the development of juvenile justice and alternative methods of justice in relation to juvenile offenders in a number of foreign countries. The analysis of the work of juvenile organs abroad. whose competence is to assist and realize the rights and interests of minors.

Attraction to work on weekends and public holidays

Page:56-60

Release: 2018-2 (15)

DOI: 10.21777/2587-9472-2018-2-56-60

Annotation: Defined legal framework for the attraction to work on weekends and holidays. Specific cases in which engagement is possible without the consent of the employee. Explained the procedure of bringing employees to work on weekends and public holidays.

Bribe: crime, punishment, prevention (comparative legal analysis)

Page:51-57

Release: 2018-1 (14)

DOI: 10.21777/2587-9472-2018-1-51-57

Annotation: The article is devoted of bribery in states, as to methods of its interrupting. The author the special attention is drawn to the history of arising of bribery in Russia.

Experience of legal comparative linguistic in the research of the criminal prosecution institution

Page:62-66

Release: 2018-4 (18)

DOI: 10.21777/2587-9472-2018-4-62-66

Annotation: The article is devoted to a comparative legal study of the norms defining the concept and essence of the institute of criminal prosecution in domestic and foreign criminal procedural law in order to clarify its impact on the appointment of criminal proceedings, the procedure for its implementation and the observance of constitutional rights and legal interests of a person and citizen in the implementation of pre-trial proceedings in a criminal case.

The refusal of the russian legislator from the death penalty – has historically caused the process of development of criminal liability for murder

Page:55-58

Release: 2018-3 (17)

DOI: 10.21777/2587-9472-2018-3-55-58

Annotation: In this article, given the Russian historical experience proves the regularity of the actual failure of Russian lawmakers from the death penalty as punishment for murder. Shows the process of humanization of the Institute of criminal punishment for murder for more than a Millennium of history of the Russian state.

Operational and personal activities related to providing transport security on objects of rail, air and water transport: normative framework and features of implementation

Page:61-70

Release: 2018-2 (15)

DOI: 10.21777/2587-9472-2018-2-61-70

Annotation: This article is devoted to the consideration of the specifics of the legal regulation of the activities of subdivisions of the internal affairs bodies on certain types of transport.

Topical issues of process and security of the federal penitentiary service of russia

Page:58-60

Release: 2018-1 (14)

DOI: 10.21777/2587-9472-2018-1-58-60

Annotation: The article discusses: the love-process activities of the Federal service of execution the case of the Russian Federation; the activities of the special forces units of the Federal service for the execution scenario, when the security of this structure.

Problems of criminal liability for falsification of evidence, under art. 303 of the criminal code

Page:67-72

Release: 2018-4 (18)

DOI: 10.21777/2587-9472-2018-4-67-72

Annotation: The article discusses the problematic aspects of criminal responsibility for falsifying evidence. The criminal law characteristic of the specified crime is given. Formulated proposals for the improvement of legislation in the studied area of relations.

Thermography in forensics: the concept and meaning

Page:59-61

Release: 2018-3 (17)

DOI: 10.21777/2587-9472-2018-3-59-61

Annotation: The article deals with the main issues of the use of equipment based on the properties of long-wave infrared radiation in operational and investigative practice. The author defines the most promising areas of application of knowledge of thermography in the detection, detection and investigation of crimes.

Actual aspects of prevention of family violence

Page:71-74

Release: 2018-2 (15)

DOI: 10.21777/2587-9472-2018-2-71-74

Annotation: The article reveals the multifaceted nature of the problem of family violence, causes and conditions generating family and domestic criminality are analyzed, measures of prevention of family violence are considered.

Legal aspects of psychologist

Page:61-64

Release: 2018-1 (14)

DOI: 10.21777/2587-9472-2018-1-61-64

Annotation: The article deals withthe legal issues of the psychologist in the realities of modern Russian legislation. On the basis of the analysis of legal aspects of realization of professional psychological help to the population the necessity of improvement of the legislation in the sphere of rendering psychological services is proved.

Regularities of the crime mechanism

Page:73-79

Release: 2018-4 (18)

DOI: 10.21777/2587-9472-2018-4-73-79

Annotation: Тhe author considered the elements of the mechanism of crime; analyzed the opinions of forensic scientists on this issue. The article also provides the differences between the concept of «crime mechanism» and the concepts of «crime structure» and «mechanism of criminal behavior».

Actual problems of committing a secret theft of someone else’s property in the presence of qualifying signs

Page:62-64

Release: 2018-3 (17)

DOI: 10.21777/2587-9472-2018-3-62-64

Annotation: The article analyzes the main issues related to the qualifying signs of the secret theft of someone else’s property. The author also considers the issues of proportionality of the committed illegal act in the form of secret theft of someone else’s property to punishment.

Some problems of interpretation and application of the article 212.1 of the criminal code of the russian federation

Page:65-67

Release: 2018-1 (14)

DOI: 10.21777/2587-9472-2018-1-65-67

Annotation: The article is devoted to the problems of theoretical comprehension Art. 212. 1 of the Criminal Code of the Russian Federation, as well as difficulties encountered in the course of criminal proceedings related to its application.

The concept of the transfer of the convicted person in the russian federation for serving punishment in a foreign state

Page:75-78

Release: 2018-2 (15)

DOI: 10.21777/2587-9472-2018-2-75-78

Annotation: The article analyzes the normative regulation of the transfer of a person convicted in the Russian Federation for serving a sentence in a foreign state, the judicial practice of the grounds for refusal to transfer.

On the prospects of development of the Russian state and law

Page:5-11

Release: 2017-4 (13)

DOI: 10.21777/2587-9472-2017-4-5-11

Annotation: In this article on the basis of an analysis of the influence of various factors on the development of the Russian State and law in different historical periods tries to show status of domestic public law mechanism not only in past and present, but also to determine the prospects for its possible development in the foreseeable future.

The state of legal education in contemporary Russia and the problem of raising the quality of training for lawyers

Page:8-14

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-8-14

Annotation: This article discusses the history, present state and main directions of further improving the quality of legal education in the Russian Federation.

Russian parliamentarism: features of origin and present

Page:3-10

Release: 2017-2 (11)

DOI: 10.21777/2587-9472-2017-2-3-10

Annotation: The article examines the nature of the Russian parliamentarism as the reflection characteristics of the historical development of the Russian statehood, including referred to the influence of European and Asian civilization on the Russian state, hypertrophied role of the supreme state power in the Russian society, a permanent process of state reform and conflict of Russian statehood and others. Disclosed are the most characteristic features of the present stage of Russian parliamentarism

Modernization of human rights: major trends

Page:3-8

Release: 2017-1 (10)

DOI: 10.21777/2587-9472-2017-1-3-8

Annotation: The article is devoted consideration consideration of major trends modernization of law-making in the Russian Federation. The author gives some offers on current legislation improvement in this area

Russia: 1917 revolutionary legislation as a natural stage in the development of domestic law

Page:12-15

Release: 2017-4 (13)

DOI: 10.21777/2587-9472-2017-4-12-15

Annotation: Reflecting on contemporary issues of legal development in Russia, whether revolutionary legislation a logical step of development of domestic law, it has become increasingly clear that without understanding the past not realising and not would those ancient events, we will never be able to find the correct road to the future.

The values and interests of modern legal education

Page:15-18

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-15-18

Annotation: The article contains an analysis of the education from the perspective of its perception as a value and as an embodiment of consumer interest. For example, Federal State educational standard of higher education looks at the issue of waiver of the correspondence form of training for the first education and contradiction standards on language educational activities formulated in the standard norms of Russian legislation.

Psychological theory of law l. I. Petrazhickogo, its essence and significance to contemporary legal science

Page:10-13

Release: 2017-2 (11)

DOI: 10.21777/2587-9472-2017-2-10-13

Annotation: The article discusses some of the provisions of the psychological theory of law of L. Petrazhitsky. There are many benefits of this theory, its importance for the development of law in General and American schools

Some aspects of application of a qr code when concluding final vote protocols by parliamentary election commissions

Page:8-11

Release: 2017-1 (10)

DOI: 10.21777/2587-9472-2017-1-8-11

Annotation: The article: The article is devoted to the application of QR-code on the final protocols of PECs. It discusses the specifics of using this kind of data coding when compiling the final voting protocols of the PEC, the feasibility of this technical innovation in the work of election commissions of various levels. Using the analysis of the practice of organizing this data coding system in the conduct of elections in some constituent entities of the Russian Federation, it can be concluded that the use of this kind of technical systems will make it possible to more effectively resolve the question of counting the votes and increase the level of confidence in the elections held in the Russian Federation, , And by international observers

Social policy and development of the social state

Page:16-22

Release: 2017-4 (13)

DOI: 10.21777/2587-9472-2017-4-16-22

Annotation: The variety of definitions “social policy” is considered, five groups of approaches to this concept are singled out, internal and external aspects of social policy are outlined, types of subjects of social policy are outlined, federal, regional and municipal levels of social policy and its significance for the development of the social state are considered.

Legal education in the USA: current issues and challenges

Page:19-23

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-19-23

Annotation: The article analyzes modern trends and challenges of legal education in the USA, examines different approaches of American researchers to improving the quality, accessibility and effectiveness of modern legal education in the USA, explores the opportunities for using positive and negative experience of North American legal education to improve the training of lawyers in this country.

A strong state as a determining factor in social progress (review)

Page:13-15

Release: 2017-2 (11)

DOI: 10.21777/2587-9472-2017-2-13-15

Payments for negative impact on the environment protection as an element of economical mechanism of environmental protection

Page:11-15

Release: 2017-1 (10)

DOI: 10.21777/2587-9472-2017-1-11-15

Annotation: The article is devoted to analysis of payments for negative impact on the environment. On the basis of the current legislation defines the role and effectiveness of payments for negative impact on the environment as a tool of economic mechanism of environmental protection

October 1917 year and international law

Page:23-29

Release: 2017-4 (13)

DOI: 10.21777/2587-9472-2017-4-23-29

Annotation: The article deals with the impact of the great October socialist revolution on the formation and development of international law.

The role is right in development of legal education in the Russian Federation

Page:24-27

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-24-27

Annotation: In article provisions about legal regulations of the sphere of science and education, including legal are considered. The conclusion is drawn on need of implementation of gradual modernization of educational system by loan of foreign legal experience with preservation of own right cultural traditions.

To the question of the far eastern hectar

Page:16-18

Release: 2017-2 (11)

DOI: 10.21777/2587-9472-2017-2-16-18

Annotation: The article: the article analyzes the provisions of the normative act regulating the procedure and peculiarities of granting land plots to the participants of the turnover

The emergence and development of corporations abroad (Ancient Rome, medieval Europe)

Page:15-20

Release: 2017-1 (10)

DOI: 10.21777/2587-9472-2017-1-15-20

Annotation: The article considers the reasons and conditions for the emergence of the corporations in Europe in the ancient period of development of the state (Ancient Rome) in the Middle ages. Justify the characteristics of corporations, analyzes the characteristics of corporations in a particular historical period

Features of compensation of damages caused by violation of the business agreement

Page:30-33

Release: 2017-4 (13)

DOI: 10.21777/2587-9472-2017-4-30-33

Annotation: The article examines the characteristics of the recovery of damages for non-performance or improper performance of the obligation in the arbitration process. Discusses the problems of determining the amount of lost profits.

Trends in the development of legal education in modern Russia

Page:28-31

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-28-31

Annotation: This article analyzes current state and prospects of development of legal education in the Russian Federation.

The rule of law and its role in protecting the rights of entrepreneurs

Page:18-23

Release: 2017-2 (11)

DOI: 10.21777/2587-9472-2017-2-18-23

Annotation: The constitutional-legal aspect of the nature of freedom of entrepreneurial activity in the Russian Federation and Western countries, in particular, in Great Britain

Family-legal responsibility functions

Page:20-25

Release: 2017-1 (10)

DOI: 10.21777/2587-9472-2017-1-20-25

Annotation: In the article the functions of family-lawful responsibility as the independent form of juridical responsibility are considered

Losses in the civil right: category and problems of proof

Page:34-38

Release: 2017-4 (13)

DOI: 10.21777/2587-9472-2017-4-34-38

Annotation: This article explores the civil law categories of damages and urgent matters of their evidence through the analysis of scientific sources, the current legislation and practice, evolving in the field of considered issues.

Academic freedom and administrative resource in managing modern Russian university

Page:32-39

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-32-39

Annotation: Modern Russian higher education system is a whimsical combination of Soviet heritage and innovation, preemptive manner borrowed from Western sources. When this occurs the next attempt to create structures within which mechanically combine elements, logical combination and interaction of which by itself represents if not impossible, in any case, difficult not only for practitioners, but also for the theorists of the task. These tasks include the problem of the optimum combination of the principles of academic freedom and the administrative unity of command in the mechanism of management of modern University.

The state family policy of the Russian federation: status, problems and prospects

Page:23-28

Release: 2017-2 (11)

DOI: 10.21777/2587-9472-2017-2-23-28

Annotation: This article analyses the legal basis for the implementation of State family policy of the Russian Federation

Marriage Marriage Recognition: Certain Actual Questions of Theory and Practice

Page:25-31

Release: 2017-1 (10)

DOI: 10.21777/2587-9472-2017-1-25-31

Annotation: The article: in the article the grounds of recognition of marriage are invalid; The scientific points of view and jurisprudence on the problems under study are analyzed; Proposals are being formulated to improve family legislation

Some questions of improvement of the judicial system of the Russian Federation and strengthening its unity

Page:39-42

Release: 2017-4 (13)

DOI: 10.21777/2587-9472-2017-4-39-42

Annotation: The article considers the issues of improvement of legal regulation of legal professional activities in modern Russian conditions. Analyzed and characterized the legislative innovations. Revealed shortcomings and gaps legal aid. Provides basic principles and directions of improvement of legal regulation of legal assistance.

Legal education in Russia: problems and prospects

Page:40-44

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-40-44

Annotation: Law is one of the most attractive and popular directions in higher education. This is evidenced by the fact that every year in Russia more than 150 thousand people receive a diploma of higher legal education. Therefore, the study of Russian legal education is urgent problem facing Russian law science. The article attempted to show the current state of legal education in Russia, to identify deficiencies which hinder its development and some suggestions for its future development.

Analysis of legal instruments of regulation of protection and use the animal world

Page:28-31

Release: 2017-2 (11)

DOI: 10.21777/2587-9472-2017-2-28-31

Annotation: The article examines the issues of lighting in the Russian legislation of legal regulation of protection and use of objects of fauna

Grounds and conditions of civil liability for harm caused during the provision of transplantation services

Page:31-37

Release: 2017-1 (10)

DOI: 10.21777/2587-9472-2017-1-31-37

Annotation: The article: the article explores the legal preconditions for attracting to contractual and extra-contractual liability of the participant-participants the obligations arising from the contract aimed at compensatory rendering of services for transplantation of human organs and tissues

Problems of interaction of corporate law of russia and foreign countries. The doctrine of “piercing the corporate veil”

Page:43-48

Release: 2017-4 (13)

DOI: 10.21777/2587-9472-2017-4-43-48

Annotation: The article examines separate legal constructions borrowed from foreign legal systems in the civil law of Russia, analyzes the doctrine of “piercing the corporate veil” and the possibility of its legalization and use of Russian courts, reveals the problems that arise.

Legal education is an important factor in stabilizing the country

Page:45-46

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-45-46

Annotation: The current state of legal education in the Russian Federation requires fundamental analysis and rethinking. The need to improve legal education due to the formation of democratic, legal State, the establishment of the management system, strengthening the political and civil institutions, public approval order in the country, raising awareness of the population.

Features of the division of property of spouses according to the current legislation

Page:31-37

Release: 2017-2 (11)

DOI: 10.21777/2587-9472-2017-2-31-37

Annotation: The article explores the specifics and procedure for the division of marital property; The scientific points of view and jurisprudence on the problems under study are analyzed; Specific conclusions are formulated

Organizational-legal and pedagogical peculiarities of adaptation of the personality of the concerted to the moment of release

Page:37-41

Release: 2017-1 (10)

DOI: 10.21777/2587-9472-2017-1-37-41

Annotation: The author analyzes experience of preparation of the condemned persons to release, also touches on issues of social maintenance of this category of citizens

To the question of the death penalty as a form of criminal punishment

Page:49-53

Release: 2017-4 (13)

DOI: 10.21777/2587-9472-2017-4-49-53

Annotation: The article discusses the inconsistency of the legislative position in relation to the criminal punishment of the death penalty.

The problem of legal competencies in professional standards and the innovative development of the Russian Federation

Page:47-51

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-47-51

Annotation: The article analyzes the issues of the relationship between the prospects of innovative development of the country and the peculiarities of professional requirements to the quality of training of higher education specialists in the area of training “Jurisprudence”. Attention is drawn to the need to take into account the specifics of personnel training for the innovative development of the country in forming the competencies of graduates of law schools.

Executive production of the Russian and foreign experience

Page:38-40

Release: 2017-2 (11)

DOI: 10.21777/2587-9472-2017-2-38-40

Annotation: The article presents a comparative analysis of the development of Executive production in Russia and foreign countries

Operational experiment and documentation provocation of a bribe or commercial payoff

Page:41-49

Release: 2017-1 (10)

DOI: 10.21777/2587-9472-2017-1-41-49

Annotation: The article presents the results of a study on the problems of an operational experiment and documentation provocation of a bribe or commercial payoff, the issues of delimitation of the operational experiment and provocation, the author suggested the concept of provocation

Experience of prevention of systemic and specific corruption in correctional institutions abroad

Page:54-59

Release: 2017-4 (13)

DOI: 10.21777/2587-9472-2017-4-54-59

Annotation: Organizational problems of counteracting specific and systemic corruption in the penal systems of foreign countries (Philippines, Indonesia, Bolivia and others) are analyzed in the article; trends in the steady growth of crimes and corruption-related offenses among officials of bodies and institutions executing punishment; the experience of the development by the administration of correctional institutions of effective mechanisms of counteraction and management of corruption risks is analyzed on the basis of timely detection of signs of potential corruption, understanding of its causes, planning and implementation of measures to prevent corrupt behavior of employees at specific and systemic levels.

Legal base of continuing professional education

Page:52-54

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-52-54

Annotation: The article reveals legal base of continuing professional education set by education law of 2012. Particular attention is paid to the changes brought to the legal base of continuing professional education in comparison with the previous law of 1992. The authors analyse as well how the educational law influences the status of continuing professional education in present educational ambient.

Standards of International Treaties and the Constitution of the Russian Federation as the sources of the branch of the criminal-executive law

Page:41-45

Release: 2017-2 (11)

DOI: 10.21777/2587-9472-2017-2-41-45

Annotation: The article examines the questions concerning understanding the source of the branch of the criminal-executive law. The author analyses the role of international treaties and the Constitution of the Russian Federation in the system of the sources of the branch of the criminal-executive law. The question of the methods of influence of standards of international treaties on evolution of criminal-executive relationships under integration tendencies is investigated. The status of the Constitution of the Russian Federation as a material and formal source of the branch of the criminal-executive law is analyzed. It is proved that formal (juridical) sources of the branch of the criminal-executive law contain: international treaties legal standards of which are reciprocated and implemented into Russian criminal-executive legislation

Questions scientific understanding of the nature and content of investigative situation

Page:49-52

Release: 2017-1 (10)

DOI: 10.21777/2587-9472-2017-1-49-52

Annotation: The article touches upon the problematic aspects of crime investigation, analyze different points of view of scientists-criminalists about the nature and content of investigative situation

Problems in the development of algorithms for the investigation of crimes

Page:60-62

Release: 2017-4 (13)

DOI: 10.21777/2587-9472-2017-4-60-62

Annotation: The paper studied the relationship between the concepts of “algorithm” and “algorithmic”; we analyzed the main requirements for forensic algorithm; considers the importance of algorithms for the investigation of crimes.

Legal equality as an important feature of law

Page:55-57

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-55-57

Annotation: In the article the basic valued categories of right are examined such as freedom, equality. Their realization is shown in the modern legal system of Russia, the different points of view are considered on the prospect of legal development of the Russian state.

To the question of the system of stimulating regulations in the criminal law

Page:45-49

Release: 2017-2 (11)

DOI: 10.21777/2587-9472-2017-2-45-49

Annotation: The author makes an attempt to form a system of stimulating regulations in the criminal law subject to the stages of committing a crime and the stages of realization of criminal responsibility

The penalty as a criminal punishment in criminal law of foreign countries

Page:63-66

Release: 2017-4 (13)

DOI: 10.21777/2587-9472-2017-4-63-66

Annotation: The Article is devoted to the peculiarities of criminal punishment in the form of a fine in criminal law of foreign countries.

Modern forms and methods practice-oriented training of lawyers

Page:58-62

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-58-62

Annotation: The article raises the question about the need to expand the scope of the practice-oriented training of lawyers in the context of the competence approach in higher education. In the innovative format covers the most popular and common forms, methods, means and technologies of training of lawyers, which should help to increase motivation of students in acquiring professional competence.

Establishing psychological contact As one of the factors of successful interrogation

Page:50-53

Release: 2017-2 (11)

DOI: 10.21777/2587-9472-2017-2-50-53

Annotation: This article is devoted to consideration of questions connected with peculiarities of establishment of psychological contact at interrogation on pre-trial investigation. It analyzes different points of view of scientists-criminalists on the content of the psychological contact and how to establish it

The activities of the association of law schools to improve the quality of legal education in the Russian Federation

Page:63-66

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-63-66

Annotation: This article examines the forms and methods of work of the Association of law schools to improve the quality of legal education in the universities of the Russian Federation.

Innovative educational approaches to the study of criminalistics

Page:67-73

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-67-73

Annotation: The article considers the issues connected with the procedure and the possibilities of application of active and interactive learning methods when conducting training in forensic science. Also marked with individual recommendations on the use of game techniques in the study of this discipline.

The use of interactive forms of training in conducting seminars and practical classes on discipline «criminal law»

Page:74-77

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-74-77

Annotation: The article considers the problem of implementing interactive forms of learning during lessons on discipline “Criminal law”, describes the well-established interactive methods, reveals the methodology of the seminars and practical classes on General and Special parts of criminal law.

Features of application of active and interactive forms and methods in the study of the discipline “criminal procedure

Page:78-83

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-78-83

Annotation: The article analyzes the potential use of active and interactive forms and methods in the study of the main themes of the discipline “criminal proceedings”

Formation of intolerant attitude to corruption as one of the priorities of modern Russian legal education

Page:84-86

Release: 2017-3 (12)

DOI: 10.21777/2587-9472-2017-3-84-86

Annotation: The article deals with the mechanisms of formation of the position of future lawyers intolerant to corruption factors in the process of professional training in the university.

Regarding the features of the process occurrence and formation of the Soviet and Post-Soviet States

Page:3-16

Release: 2016-2 (9)

DOI: 10.21777/2587-9472-2016-2-3-16

Annotation: This article analyzes the characteristics of the processes of occurrence and formation of the Soviet and post-Soviet states

Legal and civilizational grounds interstate integration of the European constitution

Page:3-7

Release: 2016-1 (8)

DOI: 10.21777/2587-9472-2016-1-3-7

Annotation: On the historical necessity of integration of States and the strategic plans of Russia. About the need for a legal basis for international acts. The role of empires and unions of States

Development of peoples and through strengthening religious foundations of the secular state

Page:16-21

Release: 2016-2 (9)

DOI: 10.21777/2587-9472-2016-2-16-21

Annotation: This article analyzes the problems of the development of nations and peoples through the strengthening of the religious foundations of the secular state

Accession to the Kyrgyz Republic Eurasian Economic Union: legal aspects

Page:7-9

Release: 2016-1 (8)

DOI: 10.21777/2587-9472-2016-1-7-9

Annotation: The need to adapt the Kyrgyzstan its legislation to conformity with the laws and practice of the Eurasian economic Union

Strong state in modern Russia: problems and prospects

Page:21-27

Release: 2016-2 (9)

DOI: 10.21777/2587-9472-2016-2-21-27

Annotation: In article problematic issues of formation and the prospect of development of the strong state in modern Russia are considered. Postulates of the concept of the minimum participation of the state in the social transformations which are carried out in our country are subjected to the critical analysis

Problems in the study of state and law of China in the context of expanding strategic partnership of the Russian Federation and people's Republic of China

Page:9-16

Release: 2016-1 (8)

DOI: 10.21777/2587-9472-2016-1-9-16

Annotation: The main objective of this article – to put the problem of Chinese law in modern Russia's geopolitical conditions. The author has tried on an existing example of Faculty of Law in Harbin to show the success of such scientific research

Sovereignty and the ability to lawfully intervene in the internal affairs of states (Concepts regarding the responsibility to protect in the context of international law)

Page:16-22

Release: 2016-1 (8)

DOI: 10.21777/2587-9472-2016-1-16-22

Annotation: The article describes the causes of the concept of the ‘responsibility for protection’ (‘responsibility to protect’) – ‘R2P’ – and analyses its content and connection to the idea of ‘humanitarian intervention’. It is an attempt to correlate the stated goals of the concept with the actual intentions of those who begin to put it into practice. It outlines the main provisions of the Brazilian concept of ‘responsibility in the process of protection’ (‘responsibility while protecting’) – ‘RWP’ – and the Chinese concept of ‘responsible protection’ – ‘RP’. It lays out proposals to form a Russian concept of the ‘duty to protect’. All problems and concepts are considered in the context of international law

The role of practical tasks in the Formation of professional competence of law students

Page:35-37

Release: 2016-2 (9)

DOI: 10.21777/2587-9472-2016-2-35-37

Annotation: This article discusses some of the issues related to the role of practical tasks in the formation of professional competence of students receiving higher education on direction "Jurisprudence" (degree – Bachelor) – the example of the use of case studies in the study courses of Russian state history and law and theory of state and rights

Russian model of local self-government

Page:23-31

Release: 2016-1 (8)

DOI: 10.21777/2587-9472-2016-1-23-31

Annotation: The article is about forming of organs local self-government at mechanical system of «folk delegation» at Russian version of liberal conception of local self-government. There is proved that realization of Russian version of liberal conception of local self-government is accompanied with nationalization of organs of local self-government, their transformation in grass-roots level power vertical, which must become a school for preparing of all subjects of social and political interaction

Commonwealth of independent states in the conditions of globalization

Page:37-39

Release: 2016-2 (9)

DOI: 10.21777/2587-9472-2016-2-37-39

Annotation: This article analyzes the legal basis of activities of the Commonwealth of Independent States in the context of globalization

Private and public law: Correlation, interaction, convergence

Page:32-35

Release: 2016-1 (8)

DOI: 10.21777/2587-9472-2016-1-32-35

Annotation: The article considers the problem of separation of the two systems of law in the sphere of legal regulation – private law and public law – in the historical and legal context in comparison with the present era. The conclusion about the need for integration and harmonization of public and private interests, and sources in law

The concept of the inviolability of honor and dignity in the laws of great Britain, France, USA, Germany and Russia

Page:40-47

Release: 2016-2 (9)

DOI: 10.21777/2587-9472-2016-2-40-47

Annotation: This article examines the legal nature and characteristics of intangible goods as objects of civil regulation and a comparative analysis of methods of protection of honour and dignity in the Russian legislation and legislation of some foreign States

Current status and level of drug-related crimes in Russia

Page:36-39

Release: 2016-1 (8)

DOI: 10.21777/2587-9472-2016-1-36-39

Annotation: The article deals with the problems associated with illegal drug trafficking in Russia. We analyze the legislation of the Russian Federation in the fight against drug trafficking, are the statistics on crimes in the sphere of drug trafficking

The main approaches to the provision of juvenalization law in the Russian Federation

Page:48-57

Release: 2016-2 (9)

DOI: 10.21777/2587-9472-2016-2-48-57

Annotation: This article discusses the main approaches to yuvenalizatsii law. The analysis of the modern legal enforcement practice in the field of juvenile justice to humanize juvenile justice children. A brief historical review of formation and development of the "Juvenile Law" terms "Juvenile law." The article presents the different positions in terms of positive and natural law, as well as the problems of juvenile law, juvenile law, juvenile justice. Juvenile is considered the terminology used by the legislator in the National Action Strategy for Children for 2012–2017 years

Criminally-legal characteristic of counterfeiting: theory and practice

Page:39-47

Release: 2016-1 (8)

DOI: 10.21777/2587-9472-2016-1-39-47

Annotation: On the basis of the analysis of the criminal legislation, judicial practice and copyright proposals are considered some of the issues of criminal legal characteristics of counterfeiting

The corporate entity In the russian legislation

Page:58-63

Release: 2016-2 (9)

DOI: 10.21777/2587-9472-2016-2-58-63

Annotation: The article analyzes the characteristics of the separation of legal entities on corporate and unitary organization, considers the basic criteria of differentiation discovers the various approaches to the definition of «corporation», identifies the existing legal problems of classification and suggests ways to overcome them

Issues of improvement of criminal legislation taking into account theoretical foundations of criminal law

Page:47-53

Release: 2016-1 (8)

DOI: 10.21777/2587-9472-2016-1-47-53

Annotation: The article analyzes the novel criminal legislation, are not relevant to the theoretical foundations of criminal law, the examples of section 6 of article 15, part 3 of article 35 and 210, article 159.1-159.6, article 226.1, 229.1 of the criminal code

The ways of concealing the murder

Page:63-70

Release: 2016-2 (9)

DOI: 10.21777/2587-9472-2016-2-63-70

Annotation: The article describes the concept and types of means of concealing the murder, and the forensic nature of dramatization as a way of concealing the murder

Topical questions of improvement legislation about counteraction to crimes of the terrorist orientation

Page:54-55

Release: 2016-1 (8)

DOI: 10.21777/2587-9472-2016-1-54-55

Annotation: In article it is told about genesis, development of terrorism during the period from 1994 to 2015 and improvement of the International Legislation, criminal code of Russian Federation and penitentiary legislation of the Russian Federation

Playing methods in the development of professional competence of students

Page:70-75

Release: 2016-2 (9)

DOI: 10.21777/2587-9472-2016-2-70-75

Annotation: The article is devoted to the playing methods of development of professional competence of students studying the course "Legal psychology". Stresses the importance of active learning methods. It is shown that an important task facing the teacher is to develop in young people the ability to respect the honor and dignity of another person. Specific examples of scenarios in simulation games. The author is convinced that the playing methods used in the educational process are important and necessary link in the formation of their psychological culture

The issue of administrative prejudice in criminal law

Page:75-78

Release: 2016-2 (9)

DOI: 10.21777/2587-9472-2016-2-75-78

Annotation: The article examines the feasibility of the return by the legislator in criminal law, administrative prejudice. The author explores the opposing views of scientists on this issue, concludes that the presence of administrative prejudice in criminal law and in order to humanize criminal legislation proposes to decriminalize and put into the category of administrative offenses minor offenses that are not punishable by imprisonment

Legal education of citizens of the Russian Federation

Page:3-6

Release: 2015-2 (7)

Annotation: The article considers the problem of legal education and legal awareness of the population in the Russian Federation, citizens. The author discusses the issues concerning the necessity of increase of level of legal culture; the reformation of the state policy in the field of improving the legal culture of the population. The most important directions of improvement of legal literacy of the population is the education of citizens of Russia on the rights and freedoms guaranteed by the Constitution of the Russian Federation; carrying out state policy in the field of providing citizens with free legal help. The author notes that the great importance in the legal education of the population have the media and the effectiveness of legal advocacy, informing citizens about the changes in legislation

Formation and nature of the general theory of national security of the Russian Federation

Page:3-7

Release: 2015-1 (6)

Annotation: The article opens the content and conceptual framework of the national security of Russian Federation. It also concerns of its nature and formation. Special attention is paid to the historical and legal emergence of National Security of the Russian Federation

The suspension of activity of regional branches of political parties – analysis of law enforcement practice

Page:6-10

Release: 2015-2 (7)

Annotation: The article discusses the reasons for suspension of activity of regional branches of political parties. Defines the bodies authorized to make a statement to the court on suspension of activities of the regional branch of the political party

The organization of local government Republic of Crimea during the transitional period

Page:8-12

Release: 2015-1 (6)

Annotation: In accordance with the agreement on the entry of the Republic of Crimea and Sevastopol to the Russian Federation was a transitional period for the integration of the Crimea and Sevastopol in the legal system of the Russian Federation. This period ended January 1, 2015. In the present article attempts to analyze the adaptation process of regional regulatory framework of the new Russian region – Republic of Crimea to the Russian legislation on local government

Problems Development of legal consciousness underinternational integration

Page:11-15

Release: 2015-2 (7)

Annotation: This article focuses on the main problems of influence of international integration on the legal consciousness and the ways of their solution. The authors analyze the influence of integration on legal consciousness from the position of migrants, who left their motherland, and from the position of local population

The legal status of the head of the Russian state history and modernity

Page:12-16

Release: 2015-1 (6)

Annotation: This article contains a comparative analysis of forms of government and legal status head of state in Russia and in several foreign countries, as well as conclusions and suggestions on improvement of the legal status of the head of state in Russia

The prevention of professional deformation of students in Russia in the study course «profes-sional ethics of a lawyer»

Page:15-19

Release: 2015-2 (7)

Annotation: The article is devoted to the psychological and pedagogical understanding of prevention of professional deformation of students of the course "Professional ethics of a lawyer." It emphasizes the importance of new forms of communication and dialogue in education. It has been shown that an important task of the teacher is to develop young people's attitudes to overcome specific barriers to the introduction of the achievements of psychology, ethics in the daily practice of law enforcement. The author is convinced that the real professionals ethics should not be an abstract science, but an important and necessary part of their psychological culture capable of giving emerging market economy civilized

Regulatory regulation of the procedures for the adoption of children in foreign countries

Page:17-20

Release: 2015-1 (6)

Annotation: The article summarizes the procedure of adoption of children that exist in some European countries. Specified basic requirements of the procedure of adoption, the stages of this procedure that exist in the considered European countries

Development trends of civil laws and modern problems of operation of sources of civil law

Page:19-23

Release: 2015-2 (7)

Annotation: The article discusses the development of civil legislation in the Russian Federation at the present stage. The author analyzes the source base of the problem of civil rights and the actions of these sources

The problem of the relation of private and public law in the works of K.D. Kavelina

Page:21-26

Release: 2015-1 (6)

Annotation: The article discusses the problem of correlation of private and public law in the works of K.D. Kavelin, a comparative analysis of different points of view of scientists on the question of the relation between private and public law. Shows the point of view of K.D. Kavelin on the issue of modernization of the monarchy in Russia

Debatable questions of differentiation of public and private law

Page:24-28

Release: 2015-2 (7)

Annotation: In article opinions of the Russian and foreign scientists on criteria of division of public and private law are investigated, various concepts are analyzed, versions are compared

Modern problems of legal regulation of family relations

Page:27-30

Release: 2015-1 (6)

Annotation: The article deals with the issues of legal regulation of family relations in the Russian Federation, the directions of further development of family law

Pension reform in Russia. What is its essence?

Page:28-33

Release: 2015-2 (7)

Annotation: This article is dedicated to one of the main issues of the law of social security of Russia – the new pension reform. In the framework of the analysis of important changes in pension provision, a special place is given to the consideration of the concepts of insurance and funded pensions, the new procedure of their calculation, the change of insurance experience, the introduction of individual pension factor and the pension points

The problems associated with the voluntary issuance of arms, ammunition, explosives and explosive devices during vowel operational-search activities

Page:31-32

Release: 2015-1 (6)

Annotation: This article is devoted to analysis of special events held by the police on the identification of weapons, ammunition, explosives and explosive devices. The publication is determined by the commit order of found items in accordance with the criminal procedure code and other normative legal acts governing the activities of the police in this area

Identification of corruption crimes in forensic bodies

Page:33-38

Release: 2015-2 (7)

Annotation: The article is devoted to countering corruption in the field of forensic activities (for example, forensic units of the Russian Federation MIA). The issues of prevention, suppression and detection of corruption offenses committed by employees who carry out forensic activities in the Russian Federation are considered

The role of participants in criminal proceedings in the implementation of the mechanism of compensation of harm caused by the offence in pre-trial proceedings in criminal cases

Page:33-36

Release: 2015-1 (6)

Annotation: The article raises the question of the role of the head of the investigative body, the chief of department of inquiry, investigator and employees of inquiry into the implementation of the current legislation regulating compensation for the harm caused to the crime during the pre-trial proceedings in criminal cases

Development of legal regulation procedures investigation of crimes in the form of inquiry

Page:38-42

Release: 2015-2 (7)

Annotation: The article analyzes the legislative innovations of the inquiry in an abbreviated form, made comparative characteristics of inquiry in an abbreviated form with the protocol form of pretrial preparation materials

Criminalistics in the system of criminal-legal science: current state, problems and prospects of its development

Page:36-40

Release: 2015-1 (6)

Annotation: In the article the analysis of the historical development of criminology, its relationship with criminal law Sciences. Discusses current status, problems and prospects of its development

Modern understanding of the term deprivation of liberty

Page:42-45

Release: 2015-2 (7)

Annotation: This article is devoted to the analysis of the essence of the term "imprisonment". The publication identifies the main element of the content of imprisonment based on criminological doctrine, legislation and cases.

Some problems of criminal responsibility for crimes against military service

Page:40-42

Release: 2015-1 (6)

Annotation: The article considers some problems of criminal responsibility for crimes against military service are usually aimed against the established order of passing. Problematic aspects are considered from different angles, including by the perpetrator of this category of crimes. In particular, such crimes can be committed by servicemen that pass military service by conscription or by contract in Armed Forces of the Russian Federation, and also the citizens staying in the reserve while undergoing their military training

The brutality of the crime is not eradicated

Page:45-54

Release: 2015-2 (7)

Annotation: The article is devoted to the analysis of sentences by the Supreme Court of the Russian Federation on amendments to the Russian criminal legislation, which provide for its further humanization and liberalization. It is shown that the changes in the principles of justice and humanity, which reflect the trends of modern criminal policy aimed at the further development of the reform of the criminal law. The article examines the novelties of the draft law of the Supreme Court of the Russian Federation from the point of view of their effectiveness, including the prevention of crime

The main stages of conciliation (mediation) in criminal proceedings

Page:43-50

Release: 2015-1 (6)

Annotation: The article described the author's opinion about the value of conciliation procedures in criminal proceedings. Allocated to the stages of the conciliation procedure, as well as these phases disclosed the contents on the example of restorative justice programmes

Preservation of peoples unity of belorussia, russia and ukraine is a historical inevitability (economic-legal aspect)

Page:4-20

Release: 2014-2 (5)

Annotation: The article gives reasons for historical inevitability of preservation of peoples unity of Belorussia, Russia and Ukraine on the basis of realization of integration project of “United economic space”, the centre of which becomes “Euroasian economic association”, the contradictions arising on this way and methods of their solutions are being revealed

Developing Ancient East national statehood and its tendency

Page:4-12

Release: 2014-1 (4)

Annotation: The article is devoted to a brief review of the Ancient East states. Their judicial typology has been made in the paper. The authors try to follow the causal connection between the state’s economic basis and its legal superstructure. The research discusses the castes problem of the Ancient East states

SergeyYulievichWitte. Thepoliticalportrait

Page:20-27

Release: 2014-2 (5)

Annotation: Sergey Yulievich Witte, a political portrait, education, Petersburg society, character, public thinking

Problems of spiritual education in Ivan Ilyin’s philosophy

Page:13-21

Release: 2014-1 (4)

Anti-corruption in Russia today: praxeological, analytical and prognostic aspects

Page:27-32

Release: 2014-2 (5)

Annotation: Based on an analysis of the methodological, conceptual and theoretical aspects of the state anti-corruption policy of Russia, the Report reveals urgent problems to be solved both at the level of scientific support of the theory, and at the level of law enforcement practices, in view of the competencies and characteristics of subjects of public administration in the field of combating corruption. The Report pays attention to the disclosure and generalization of the trends and approaches in the implementation of the management activities, which are crucial in the implementation of the frameworks of national anti-corruption policies and practices. The Report reiterates the significance of public-private partnerships as the fundamental principle of solving the problems identified. As an example, the author provides the results of a twenty-year-long research of anti-corruption activities and the results of monitoring conducted in 2007-2014

Plato’s Phaedo and up-to-date continental thought

Page:22-25

Release: 2014-1 (4)

Problems of legal status of Constitutional collection of Russian Federation

Page:32-35

Release: 2014-2 (5)

Annotation: The article is devoted to the formation of a Constitutional Assembly is the only body authorized to fix the revised provisions 1, 2 and 9 chapters of the Constitution of the Russian Federation. The article provides an analysis of the draft Federal constitutional Law "On the Constitutional Assembly of the Russian Federation"

Innovations in legal regulation of social provision in Russia

Page:25-30

Release: 2014-1 (4)

LEGAL mechanisms to improve PUBLIC-PRIVATE PARTNERSHIP

Page:36-47

Release: 2014-2 (5)

Annotation: Based on the analysis of the methodological aspects, identifying the conceptual and legal framework, the need to develop science-based system of public-private partnership, creating organizational and legal conditions focuses on disclosure and summarizing trends and approaches to strengthen and improve the legal mechanism of public-private partnerships to improve the efficiency of public administration in theory and practice of implementation of the state policy in the approval of civil society, legal, social state in Russia

The institutionalization of the anti-corruption law as a complex branch of the legal system of Russia: conceptual framework and theoretical aspects

Page:30-38

Release: 2014-1 (4)

Whether we need changes or loyalty to traditions of national right is necessary

Page:47-54

Release: 2014-2 (5)

Annotation: The system of basic sources of the Russian right is examined in the article, correlation of national and international legal experience is analysed, adherence to the new models of construction of legislation and loyalty to existent legal traditions

Innovations in labour relations in Russia in the late XX – early XXI centuries

Page:38-43

Release: 2014-1 (4)

The valued priorities in the development of right in modern Russia

Page:54-60

Release: 2014-2 (5)

Annotation: In the article the basic valued categories of right are examined such as freedom, equality. Their realization is shown in the modern legal system of Russia, the different points of view are considered on the prospect of legal development of the Russian state

Economic indicators of political decisions in Russia: problems and perspectives

Page:43-48

Release: 2014-1 (4)

Annotation: This article describes the direct relationship of politics and economics, economic indicators response to political decisions in the Russian Federation over the past decade. It shows in a short term how domestic and foreign policy steps to change the economic system in the country

From the theory of victory to victory of theory: analysis of military-theoretical looks to character of future war in the USSR (1921–1924). To The Seventieth Anniversary of Great Victory

Page:60-71

Release: 2014-2 (5)

Annotation: In this article the system of military-theoretical looks is presented to character of a future possible war in the USSR in inter-soldiery years (1921–1941), dignities and lacks of military doctrine, military strategy and theory of the soviet state. Therefore, one of the most essential native problems of soviet military doctrine was making a general look of this question

Factors (determinants) triggering kidnapping

Page:48-54

Release: 2014-1 (4)

Annotation: The article considers key factors determining kidnapping. These factors are: a) economic (the want to enrich oneself in the conditions of an economic crisis and its circumstances; for solving financial arguments; for credit repayment; for eliminating rivals; for slavery and etc.); b) political (because of the ideological, racial, religious hatred or enmity or because of hatred or enmity towards a social group); c) socio-psychological (due to interpersonal conflicts; great insult; blood vengeance; jealousy; compulsion of evidence; delivering sexual services and etc.)

Patriotic education of youth: problems and main directions of its improvement

Page:72-75

Release: 2014-2 (5)

Annotation: In article the urgency of Patriotic education of youth in our time. Consider ways of further improve-ment of Patriotic education of youth.

The priorities of education policy in the Russian Federation: trends and patterns

Page:75-81

Release: 2014-2 (5)

Annotation: The article deals with the content, the legal nature of the educational policy in the Russian Federation; addresses the priority areas for the improvement of its organization. An important part of the article is devoted to the theoretical and practical aspects of education policy. The conclusion is that there is still a lot of conflicts between federal legislation on education and individual provisions of international legal instruments

The prospects of state building in a legal management, science and education

Page:81-87

Release: 2014-2 (5)

Annotation: Article shows the critical points of the modern system of education and science, and the proposed project method, simulation techniques, methods of network rights et al., Which will build productive university science, strengthen the practical orientation of training and issue experts, ready to solve any industrial and scientific problems

Uncertainty of virtual legal relations in Telecommunication networks

Page:88-94

Release: 2014-2 (5)

Annotation: The author conducted a study of types of telecommunications risks arising in the course of civil relations in telecommunication systems

Development of the institution of insolvency (bankruptcy) in Russia :historical experience and modernity

Page:94-98

Release: 2014-2 (5)

Annotation: insolvency (bankruptcy); types of insolvency; monuments of Russian law; modern bankruptcy laws

Commercialization of the results of headwork

Page:98-102

Release: 2014-2 (5)

Annotation: The article presents one of the most important tasks of the state in the field of intellectual property rights is the involvement of intellectual property into circulation. Exclusive rights to participate in public circulation, may be the subject of transactions. To date, the legislation provides for the registration of a patent license agreements, franchise agreements and agreements on transfer of computer programs and databases

The difference of the employment contract from civil contracts

Page:102-105

Release: 2014-2 (5)

Annotation: The article considers the problem of differences of the employment contract from civil law contracts. The author examines the issues related to the specifics of legal regulation of labour, as labour and civil law; solutions available in practice the problems associated with a particular value of the employment contract in the formation of the employment relationship

State in History of Russian Society: Historical,Legal and Political Aspects

Page:4-14

Release: 2013-2 (2)

Executive-administrative organs of municipal authority in CIS member states

Page:4-10

Release: 2013-1 (1)

Annotation: This article analyzes the local government administrative model produced in member countries of the CIS. There are features of those States where local governments were included in the system of organs of State power. Detail of executive-administrative authorities of the republics of Belarus, Kazakhstan, Uzbekistan, Tajikistan, Ukraine.

Problems of Definition of Essence and Form of Russian state

Page:14-23

Release: 2013-2 (2)

Aspects of improvement of tax control some by teoretiko-pravovye in the Russian Federation

Page:11-15

Release: 2013-1 (1)

Constitutional Bases of Human Rights to Compensation of Life and Health Harm in Russian Federation

Page:23-28

Release: 2013-2 (2)

To the question of formation and further development of concept of the medical right in the Russian Federation

Page:16-21

Release: 2013-1 (1)

About Ratio of Land and Land Plot Concepts

Page:29-32

Release: 2013-2 (2)

Consumer protection problems in the sphere of providing services realtor

Page:22-27

Release: 2013-1 (1)

Problems of State Registration of Lease Contract of Real Estate

Page:33-37

Release: 2013-2 (2)

About network techniques of constitutional and state-building

Page:28-32

Release: 2013-1 (1)

Analysis of Jurisprudence of Inheritance Disputes over Rights to Indivisible Real Estate

Page:38-41

Release: 2013-2 (2)

Property rights in the context of the revisions of the civil code of the Russian Federation: current state and prospects of development

Page:33-37

Release: 2013-1 (1)

Mediation as Way of Amicable Settlement of Family Disputes

Page:41-45

Release: 2013-2 (2)

The validity of subjective changes in the insurance obligation

Page:38-43

Release: 2013-1 (1)

About Role of Customs Control as Institute of Customs Right in Improvement of Currency Regulation and Currency Control in Conditions of Customs Union Operation

Page:45-50

Release: 2013-2 (2)

Liable in civil law of Russia

Page:44-48

Release: 2013-1 (1)

Criminal and Legal Protection of Nature from Pollution: International and Foreign As-pects

Page:51-59

Release: 2013-2 (2)

Legal aspects of mediation in civil and criminal trial

Page:49-54

Release: 2013-1 (1)

Reverse mortgage in Russia: concept, essence, applicatio

Page:55-58

Release: 2013-1 (1)

Peculiarities of technical regulation in the field of nuclear energy

Page:59-62

Release: 2013-1 (1)

Formula of modernization of the virtual transaction

Page:63-67

Release: 2013-1 (1)

The effectiveness of state-legal regulation of migration processes in the Russian Federation

Page:4-7

Release: 2012-1 (1)

Administrative decentralization in the context of local governments in foreign countries

Page:8-15

Release: 2012-1 (1)

Quality criteria in the services sector

Page:16-20

Release: 2012-1 (1)

Legal regulation of the quality of educational services

Page:21-23

Release: 2012-1 (1)

Acquisitive prescription, as the basis of property rights

Page:24-28

Release: 2012-1 (1)

Legal regulation of holding companies in the Russian Federation

Page:29-33

Release: 2012-1 (1)

Family and property transactions under the laws of the Russian Federation

Page:34-39

Release: 2012-1 (1)

Some aspects of the safety of crime scene investigators in cases involving the use of firearms

Page:40-42

Release: 2012-1 (1)

Comparative legal aspects of combating extremism

Page:43-48

Release: 2012-1 (1)