STATE POWER AND LOCAL SELF-GOVERNMENT
The paper is devoted to the study of such a topical issue of modern political life in Russia as the procedure of preliminary election (primaries) by political parties. In particular, the author of the paper, using the example of intraparty regulation of the pre-election procedure by the All-Russian Political Party «Edinaya Rissia,» elucidates the issue of responsibility of the candidates at the primaries under constitutional law. The paper analyzes various grounds of responsibility of the candidates of the preliminary elections under constitutional law. The author proposes the classification of the grounds of liability into the grounds of a legal nature and the grounds of political nature. The paper examines such mechanisms of application of measures of constitutional law responsibility of candidates of preliminary elections as refusal to register candidates and exclusion from the list of candidates of primaries; their comparative legal analysis with similar institutions of electoral legislation is carried out. In addition, the paper explores specific features of the constitutional law responsibility of the candidates of the preliminary election and specifics of its application, including in comparison with the norms of election legislation.
PUBLIC ADMINISTRATION AND ADMINISTRATIVE PROCESS
The subject matter of the study deals with the norms of national legislation on combating corruption and public procurement, as well as research works on the negative consequences of corruption in public procurement. The purpose of the study is to examine and systematize knowledge about the negative consequences of corruption in public procurement. The objectives of the study are: to examine provisions of national legislation on combating corruption in public procurement; interdisciplinary research of approaches to considering the consequences of corruption and its individual manifestations in public procurement; systematization of the negative consequences of corruption in public procurement using methods of grouping and typologization. In the course of the study, the author identified the normative prerequisites for the relevance of studying the issue posed. The analysis of the results of the research on the consequences of corruption and its individual manifestations in the field of public procurement allowed us to identify two groups of such consequences: internal and external. Economic, legal, social, political, moral and psychological negative consequences are identified using the method of typologization. When applying an interdisciplinary approach to the study of the negative consequences of the phenomenon under consideration, the author identified the industry-wide nature of such consequences, consisting in their harmful effects not only on the public procurement system itself, but also on other spheres of public life and, subsequently, on all major state and public mechanisms.
FINANCIAL LAW
The paper is devoted to examination of the legal regulation of the mechanism of implementation of public social expenditures in the Russian Federation. It is determined that the mechanism under consideration constitutes a system that includes a number of elements that are grouped into certain subsystems, including the regulatory subsystem, the principles of legal regulation of public relations that develop in the process of spending in the social sphere, the material basis of spending in the social sphere, the legal basis of social spending that include budget allocations, expenditure and budgetary obligations of public legal education, types of social expenditures, an institutional subsystem that includes subjects of legal relations arising in the process of implementing social expenditures. The paper draws special attention to the issues of codification of social legislation. As noted in the paper, this legislation is very mobile — new acts can be adopted to support certain segments of the population that were not previously covered by social protection measures; existing regulatory legal acts can be canceled when necessary, they may be amended due to the revision of criteria for the provision of social support measures, etc. In this regard, it is substantiated that, despite the fragmented nature, social welfare legislation, due to the peculiarities of regulated public relations, currently does not need codification at the federal level.
The lack of a uniform, systematic and formalized approach to understanding the process of deoffshorization of the financial system in the Russian Federation, its goals, current state and development directions leads to a decrease in the effectiveness of countering the use of offshore companies and harms public interests. At the same time, the importance of deoffshorization measures cannot be underestimated: they can significantly increase budget revenues, «saturate» the economy with monetary (including credit and investment) resources, and make transparent the system of ownership of financial and non-financial assets in the territory of the Russian Federation and abroad. However, it has to be stated that deoffshorization as a public management and regulatory activity has not been systematically understood either in official state acts or in research sources to date. The purpose of this study is to research deoffshorization as a financial and legal category and an economic phenomenon, to form a scientific definition of the term «deoffshorization,» to determine its current goals and current directions of implementation. Analytical and comparative legal methods were used in the study. As a result, from the standpoint of the science of financial law, the author gives the definition of the term «deoffshorization,» highlights its main goals (countering the use of offshore companies for tax evasion; repatriation of monetary and non-monetary assets from abroad to the Russian jurisdiction; ensuring the attractiveness of using the national currency of the Russian Federation for the purpose of accumulation/preservation of capital) and the directions of their practical implementation: 1) adjustment of double taxation agreements, as well as implementation of an international initiative to establish a global minimum corporate tax; 2) redomicilation in the Russian Federation of foreign organizations controlled by Russian beneficiaries; 3) implementation of a set of measures to ensure a stable ruble exchange rate and its use in international trade.
The paper is devoted to the study of legal mechanisms of the impact of international organizations and foreign states on the economies of unfriendly states, including sanctions, their nature and consequences of application. In addition, the paper analyzes legal instruments for countering restrictions, such as tax exemptions, the norms of Russian tax legislation and legislation on precious metals, the norms of foreign legislation, in particular the Constitutional Act of Canada, the Act on Excise Taxes, the judicial practice of the Constitutional Court of the Russian Federation. The paper examines, among other things, the consequences of VAT exemption for the purchase of precious metals by individuals and their impact on the precious metals market. The author conducted a comparative study of the legal regulation of taxation of transactions with precious metals in Canada and its provinces. The paper also analyzes the doctrinal definition of the regulatory function of the tax.
BANKING SYSTEM AND BANKING ACTIVITY
In October 2022, 4 new constituent entities were admitted to the Russian Federation: the Donetsk People’s Republic, the Luhansk People’s Republic, the Zaporozhye and Kherson regions, which put on the agenda the issue of integrating their banking business into the federal legal field. The study focuses on the following questions: how this process is going and what impact it makes on the national banking system as a whole. According to the results of the study, it is revealed that the legal regulation of the banking system of new constituent entities of the Russian Federation is undergoing a transitional period characterized by the effect of the norms adopted in these regions before they entered into the Russian Federation, as well as acts of emergency legislation. The author determines the factors influencing banking activity in the new constituent entities of the Russian Federation: the need for legal transformation, implementation of the special military operation, unfriendly actions on the part of the United States and foreign states and international organizations that have joined them. Extremely low availability of banking services in these constituent entitties of the Russian Federation makes it necessary to open branches and subsidiaries of Russian banks. To sum up, taking into account conclusions made about the nature of integration, the author proposes measures aimed at supporting the banking system not only in the new regions, but also in the Russian Federation as a whole: increasing limits on cash withdrawals; writing off loans the collateral for which was lost during hostilities for individuals and legal entities located in new regions; resumption of the work of exchange offices; acceleration of the process of introducing a non-bank payment service provider to the banking market; creation of a fund for settlement of losses in the banking sector; development of a mechanism for parliamentary control over acts of emergency regulation adopted by the Bank of Russia, the President of the Russian Federation and the Government of the Russian Federation.
CIVIL AND FAMILY LAW
Artificial intelligence technologies have found wide application in digital medicine, in particular, they are used to process information that makes up the medical secrecy of patients. This information refers to the big data information element. One of the key problems of the application of the legislation on medical secrecy is the problem of legality of disclosure of the confidential information. Thus, judicial practice ambiguously interprets the procedure for posthumous disclosure of medical secrets to certain categories of persons. There is no uniform approach to determining the minimum age for expressing consent to the disclosure of this information. The paper examines the problems associated with the disclosure of information constituting a medical secret. In particular, the author substantiates that consent to the disclosure of medical secrets is a civil transaction, the minimum age for expressing this consent is the age of acquiring full legal capacity (18 years). When writing the article, the current state of legislation, civil doctrine and law enforcement practice was taken into account.
CRIMINAL LAW
The author of the paper proceeds from inviolability of the premise that a person’s life presides the hierarchy of values protected by criminal law. Recognition and actual consolidation of this provision is one of unconditional achievements adopted in the Criminal Code of the Russian Federation of 1996. However, a myriad of additions and amendments made to the Criminal Code of the Russian Federation after it entered into force raises the question of whether they do not call into question the postulate of human life as a priority object of criminal protection?
To answer this question, the paper substantiates the thesis that decisive indicators of assessing a person’s life as the most important object of criminal law protection take the place in the system of the Special Part of the Criminal Code of the Russian Federation, which the legislator has assigned to infringeent on life (primarily murder), and the grounds that are established by the General Part of the Criminal Code of the Russian Federation for imposing the strictest of all types of punishment (life imprisonment or death penalty). Based on these indicators, initially established in the Criminal Code of the Russian Federation, the author concludes that at the time of its entry into force, a human life was really at the top of the system of values and goods protected by the Criminal Code. However, at present this conclusion cannot be considered indisputable, since the Criminal Code of the Russian Federation has introduced other norms where the sanctions are stricter than the sanctions of the norm on murder, and the grounds for the appointment of life imprisonment now include not only encroachments on human life. The author proposes to construct sanctions norms — both newly introduced and already existing — in such a way that no crime can be punished more severely than murder. In addition, the author proposes to abandon the legislative and law enforcement practice of absorbing murder by qualifying elements of other crimes, bearing in mind that they should be qualified only cumulatively.
A crime becomes a crime when the public danger is defined properly. The concepts of «public» and «danger» form the basis of the concept of public danger, which is an indicator for the criminalization and decriminalization of an act. The paper provides a lexical and doctrinal analysis of the concept of public danger, its social significance and the problems of developing criteria for its definition in relation to the benefits and human rights. The historical analysis of public danger, its relevance and the need to enshrine it in the current Criminal Code of the Russian Federation require a more careful consideration of this concept. It is not only public danger that must be established in the criminal law, but the criteria for distinguishing between its degree and nature must also be clearly formulated. Timely and proper definition of public danger allows you to adequately treat criminalization and decriminalization without prejudice to society. The paper proposes the author’s definition of public danger.
CRIMINAL PROCEDURE
The paper analyzes the existing practice of seizing cryptocurrencies in the domestic legal order. It is noted that the law enforcer needs that the legislator create criminal procedural novels aimed to seize cryptocurrencies. The paper provides domestic practice cases, recognizing cryptoassets as property in the understanding of civil law. The mechanism of using an investigative experiment to convert cryptoassets into cash is criticized. The author analyzes the possibility of applying the concept of privilege against self-disclosure during an investigative experiment to convert cryptoassets into cash. The paper proposes models that can be chosen by the legislator when implementing the seizure of cryptocurrencies. The types of crypto-carriers are analyzed. The author concludes that due to the wide variety of types of cryptocurrencies a single model will not be enough for law enforcement agencies when seizing such assets. The author suggests the legislator to choose a mixed model of criminal procedure regulation of seizure of cryptoassets as well as to introduce a new coercive measure in the Code of Criminal Procedure of the Russian Federation in the form of converting digital assets into cash.
INTERNATIONAL LAW
The concept of the medieval lex mercatoria is experiencing a renaissance in the context of the global spread of information and communication technologies and the scaling of cyberspace. Globalization was replaced by networkization, which gave rise to the phenomena of networks, network communities, network communications, and network law. The author has chosen an appropriate research angle — a look at the lex mercatoria through the prism of the current network world order. This led to the conceptualization of lex communitas as «community law», which is the main object of the study. Lex communitas is considered as a modern historical form of lex mercatoria, mediating the non-state rule-making of international professional communities, the multiplying functional subsystems of which include lex informatica, lex sportiva, lex constructionis, lex petrolea, lex proprietas intellectualis, lex cryptographia, sustainable business law (sustainable business law), etc. Affiliation with one or another professional community is the basis for the application of the norms of lex communitas. This approach, in a sense, opens up prospects for posing the problem of the grounds for legitimacy, of ways to legitimize the norms of non-state regulation in the subject area of private international law. The concept of lex communitas correlates with how the modern system of resolving cross-border private law disputes is being transformed, increasingly moving to an extrajudicial plane: from international commercial arbitration to platform and decentralized systems. The paper attempts to identify certain features of the current stage of development of the lex mercatoria, the quantitative composition of the norms of which is rapidly multiplying in parallel with the ongoing qualitative changes in the system of regulation of cross-border private law relations.
A wide range of phenomena that today are integral attributes of interstate communication generates dual and multiple citizenship. Often, bi- and polypatrism arises due to objective reasons, in the absence of the individual’s intentions, and sometimes even without his knowledge. This, of course, does not exclude the interest of the person and his purposeful actions to obtain the status of bi- or polypatride, which in certain cases may mean additional rights for the individual. The paper analyzes the reasons for the emergence of dual and multiple citizenship, the conditions due to which the existence of such reasons is possible today, as well as the impact of the international community on certain prerequisites by domestic and international mechanisms, both institutional and contractual. The author concludes that dual and multiple citizenship are generated by different reasons, which once again confirms the thesis about the different content of these phenomena.
COMPARATIVE LAW
Western sanctions regimes show a high degree of coordination. This applies to almost all aspects of the sanctions policy, including approaches to the possibility of confiscating the property of persons subject to blocking sanctions. However, countries that support autonomous sanctions against Russia follow different paths towards the common goal. The emerging approaches to confiscation make it possible to single out two main areas of legal regulation of this issue. In the legislation of the respective country confiscation can be considered either as an instrument of sanctions legislation, or as a measure of responsibility for violating sanctions legislation. Only two countries have so far chosen to use confiscation as an independent instrument of sanctions policy: Ukraine and Canada. Perhaps the United States will join them, but at present, similar to Switzerland, they use confiscation only as part of countering illegal activities. The draft directives developed by the European Commission demonstrate the EU’s commitment not to jeopardize the obligation to protect private property and provide for the possibility of confiscation in exceptional cases as a measure of influence in the fight against criminal activity. Given the importance of protecting private property for a favorable investment climate, it is most likely that the second path will become dominant: asset confiscation will be seen only as a means of responding to violations of the laws of a country that supports autonomous sanctions.
The development of information technologies and the global change in the economic situation in the world have necessitated adequate legal regulation of cryptocurrency turnover. Maintaining a balance of private and public interests in the process of confiscation of virtual assets as products of criminal activity or means of committing a crime is an essential element in maintaining the stability of criminal law mechanisms for combating crime. Considering the United States of America case, the author analyzes the models of cryptocurrencies and digital assets confiscation in the form of criminal, civil and administrative confiscation. The author also studies legislative initiatives that allow US law enforcement agencies both to provide the possibility of compensation for victims of criminal activity and to restore social and public justice in order to prevent the development of criminal activity. The author concludes that it is possible to use the positive experience of the United States in the framework of Russian legal regulation.
ENERGY, ENVIRONMENTAL AND NATURAL RESOURCES LAW
The paper discusses the place and role of environmental lawmaking in the system of social and socio-economic planning. Planning is considered as an activity of special subjects in the field of ensuring a favorable environment, rational use of natural resources and ensuring environmental safety, carried out by legal means. The authors analyzed the «environmental lawmaking» that has taken place over the past decades and identified the main trends in its transformation. The main causes of the current state of environmental policy and legislative activity are investigated.
It is shown that for our country, which has the most integral and organic system of strategic planning, the issue of increasing the efficiency of all types and forms of planning, but especially environmental or environmental-economic, is extremely important.
It is substantiated that for further lawmaking in the field of environmental development and environmental safety, a new methodology for the preparation, adoption and implementation of legislation is needed. The growing fragmentation of environmental legislation, the allocation of more and more new «branches of environmental law» is becoming the biggest obstacle to meaningful and effective planning and law enforcement. It will take too much effort to «harmonize» the already adopted legislation and future acts built on the principle of «new problem — new industry».
REVIEWS
The paper presents a review of the monograph written by a famous scientist and practitioner Pyotr Pavlovich Serkov titled «Legal relationship (Theory and practice of modern legal policy), a monograph in two parts. Part One is titled «Legal Doctrine and Legal Policies, Part Two is «Generalization of legal experiences of ascent to man, society and the state».
The peer-reviewed scientific work prepared by Professor P. P. Serkov is a comprehensive theoretical and applied study of general and special issues of law, including the features of the emergence, change and termination of legal relations in various spheres of social life. The study aims to determine the effectiveness of legal regulators. In characterizing branch legal problems, the author applies encyclopedic approach alongside with deep theoretical generalization. The reader will find original judgments about constitutional, international, substantive, procedural and other types of legal relations in the two-volume book. The reviewers conclude that this fundamental work significantly contributes to the theory of law and the history of political and legal doctrines, and will also be very useful for the practice of law enforcement.
ISSN 2782-1862 (Online)