STATE POWER AND LOCAL SELF-GOVERNMENT
The paper examines an ideological element of constitutional regulation, based on the understanding of ideology as part of a collective worldview aimed at expressing long-term ideals and interests of people related to the structure of society, its political and state organization. At the same time, the constitutional provisions on ideological and political diversity serve as the basis for the identification of a national ideology in the interaction of group (party) programs, the generalized expression of which constitutes the national idea. The author subjects to detailed analysis the provision of Part 2 of Article 13 of the Constitution of the Russian Federation stating that no ideology can be established as state or mandatory one. This prohibition cannot apply to constitutionally fixed ideologems as elements of a national ideology and their clarifying regulation. This prohibition is a means of securing ideological diversity. Constitutional ideologemes, which include, for example, the provisions of the Preamble, Articles 671 and 751, are being developed in other norms of the Constitution and current legislation. But the main direction of concretization of such ideologies is their value-doctrinal development in official strategies, doctrines, concepts. At this level, a systematic study of the civilizational vector of the country’s development is important. The idea of arranging the country, all aspects of its life can serve as a significant internal guideline.
PAGES OF HISTORY
The paper examines historical and legal aspects of the formation of the consumer protection system. On the basis of a number of provisions of the Laws of Hammurabi and the Laws of Manu, the Digests of Justinian, the author defines the features of protection of the rights of buyers from unfair actions of the seller. Taking into account the analysis of regulatory sources, the author draws a conclusion regarding a set of unsystematic norms and mechanisms and the absence of a consumer protection system. The situation began to change gradually only at the turn of the 19th–20th centuries when special legislation and state and public institutions ensuring consumer rights were developed. Referring to the provisions of the Law of the Russian Federation dated 7 February 1992 No. 2300-1 «On Consumer Rights Protection», the author notes the absence in its structure of special norms aimed at protecting the rights of consumers of financial services, which does not seem quite adequate to the economic relations that are developing in the financial market. According to the results of the study, the author concludes that at the moment there is a new stage in the development of the consumer protection system, involving both the formation of narrow-profile regulation for consumers, depending on which sphere they act as such, and the creation of specialized institutions to protect their rights.
The paper examines the value of the contract charters of the Russian Grand and Appanage Princes of the 14th–15th centuries for the national historical and legal science. During the period of feudal fragmentation, the charters formed one of the most important sources of criminal law in medieval Russia. It was the charters that enshrined the fundamental criminal law terms and elucidated the main elements of crimes, namely: «svada», «rubezh», «vyvod», etc., which have not yet been studied and described properly. The problem of their poor academic coverage gives rise to misconceptions in modern science of the history of the Russian state and law that a criminal act, up to the development of the Judicial Code in 1497, was designated in Russian legislation only by the term «obida [offense]».
The author focuses on the patterns of development of princely law-making activity under the influence of the norms of canon law, which was a characteristic feature of medieval Russia, where there was no division of public relations into «secular» and «ecclesiastical», as it is customary to assert and consider in scholarship, since princely law, also in matters of crime and punishment fully reflected the spiritual and religious values of society and should not contradict them, and the administrative activities of the princes were everywhere subordinated to church canons.
THEORY OF LAW
Based on the analysis of research literature, regulations and policy documents of the Russian Federation, the paper examines the problem of sovereignty of the modern state. The author analyzes the current state of the theory of sovereignty in the context of one of the most promising doctrines of international relations — the theory of world-system analysis. The author suggests taking into account the theoretical and methodological significance of this concept when developing practical measures to implement the sovereignty of the Russian Federation in the political, economic and technological sectors. The author substantiates the relevance of this theory to ensure the real sovereignty of a modern state in a transforming world order, taking into account the challenges that require immediate response and control. The paper elucidates modern models of implementation of state sovereignty in the context of its place in the world system and focuses on indicators for assessing the sovereignty of a modern state, namely: self-sufficiency, resistance to the influence of external factors and state control over internal assets. The author substantiates the fundamental importance of taking into account the methodology of the world-system approach in the implementation of the economic security strategy of the Russian Federation.
FINANCIAL LAW
In 2021, new provisions of the budget legislation concerning treasury services for the execution of budgets of the constituent entities of the Russian Federation and municipal entities came into force. Due to the emergence of the treasury payments system, full-fledged servicing of the single budget account was carried out not by the Bank of Russia, but by the Treasury in the treasury payments system. Thus, the function of providing cash services to the budgets of the budgetary system of the Russian Federation has undergone a substantial transformation and has acquired a new name — treasury service of the budgets of the budgetary system of the Russian Federation. At the same time, approaches to the establishment of budget execution options by the Treasury of Russia have been changed in terms of implementation of certain functions of the financial bodies of the constituent entities of the Russian Federation (municipal entities) for the budget performance.
The paper examines the ways how the budgetary and legal tasks that arose during the introduction of treasury services for the execution of budgets of the constituent entities of the Russian Federation (municipal entities) were solved.
The paper is devoted to the study of the transformation of the currency regulation of the Russian Federation in the context of countering international financial sanctions imposed on Russia by the United States and other unfriendly states and international organizations. Based on the results of the study, the paper identifies the main tasks of currency regulation at the present stage of historical development. It is proved that the provisions of federal laws No. 281-FZ dated 130 December 2006 «On Special Economic Measures and Coercive Measures», No. 390-FZ dated 28 December 2010 «On Security» and No. 127-FZ dated 6 April 2018 «On Measures of influence (Counteraction) the unfriendly actions of the United States of America and other foreign states», on the basis of which currency restrictions are established, can be attributed to currency legislation within their relevant parts. It is noted that to date, subordinate regulatory legal acts (primarily of the President of the Russian Federation) have begun to play a leading role in the legal regulation of currency relations. It is concluded that it is necessary to find a balance between public and private interests in the process of regulating currency relations. The author substantiates the necessity of adopting a new basic law consolidating the foundations of currency regulation and currency control.
The paper compares financial and environmental law principles of regulating activities related to environmental protection. The author analyzes the concept of environmental protection and focuses on the complex nature of the legal regulation of public relations that develop in the process of environmental protection. The author points out that historically, the rules regulating environmental relations appeared in order to protect property, in particular financial interests. It is emphasized that natural resources are the main source of income for our state and environmental protection measures are implemented for the common good. Activities related to environmental protection can be effective only in conditions of proper financing. Based on the conducted research, it was concluded that the specifics of the subject and method of legal regulation led to the attribution of financial and environmental law to the number of public branches of Russian law, which means that financial and environmental law regulation is primarily aimed at implementation of public interest. These industries are similar in terms of the method of legal regulation: environmental law, as well as financial law, mainly regulates public relations through the imperative method — the method of power and subordination. Despite the fact that the compared branches of Russian law regulate separate, different areas of public relations, their subjects may overlap. This is due to the fact that financial activities and activities in the field of environmental protection are not opposed, are not mutually exclusive. This is largely facilitated by the fact that financial law is a universal branch of Russian law, and financing is the most effective tool for influencing public relations.
CIVIL AND FAMILY LAW
Overbooking is widely used by airlines worldwide as one of the mechanisms that reduces the loss-making during transportation in case some passengers cancel the contract of carriage after purchasing a ticket. Russian legislation does not contain provisions allowing airlines to use this mechanism. In modern conditions, legitimization of overbooking in Russia will ensure minimization of airlines’ losses and protect the rights of passengers through compensatory measures established by law. The purpose of the paper is to analyze the possibility of legitimizing overbooking in the Russian Federation and propose legal measures to protect passengers. Methodologically the author relies on dialectical, comparative legal, systemic methods, as well as methods of legal modeling, analysis and analysis of legal reality. The author examined certain legal norms of the Civil and Air Codes of the Russian Federation regarding the possibility of termination or modification of the passenger air transportation agreement unilaterally (on the initiative of the carrier). The paper provides for a legal justification for this possibility of termination or modification of the passenger air transportation agreement unilaterally (on the initiative of the carrier). The foreign legislation in the field of overbooking has been studied in order to use some of its provisions. Proposals have been developed to determine the «excess» passenger during overbooking and the application of compensation payments. The possibility of legitimizing the use of overbooking in air transportation of passengers in the Russian Federation and ensuring the legal protection of passengers through compensation payments is substantiated.
LEGAL PROTECTION OF INTELLECTUAL PROPERTY
The paper discusses current issues of legal response to unfair or ineffective actions of patent holders in the exercise of their exclusive rights in the field of healthcare. As a legal response tool in these circumstances, the author proposes not only to limit exclusive rights in accordance with the rules of Art. 1360, 1360.1 and 1362 of the Civil Code of the Russian Federation, but also differentiate the amount of remuneration (commensurate compensation) due to patent holders. It is proposed to reduce the amount of this remuneration (up to its zeroing) depending on the presence of factors of dishonesty of actions or inaction of patent holders that affected the availability on the Russian market of pharmaceutical and medical goods, works and services in which the corresponding objects of patent protection are used. The proposed differentiation, on the one hand, will stimulate patent holders to take more active steps aimed at ensuring the availability of relevant pharmaceutical and medical goods, works or services on the Russian market. On the other hand, in law enforcement practice, it will respond consistently and more effectively to unfair actions or inaction of rights holders, which led to problems with the availability of highly socially important goods in the healthcare sector. At the same time, it is noted that it is unfair to equalize all foreign patent holders associated with unfriendly countries and to zero the amount of their remuneration in the situations specified in paragraph. 2 clause 2 of the methodology approved by Decree of the Government of the Russian Federation dated October 18, 2021 No. 1767 (as amended on March 6, 2022).
LABOR RELATIONS AND SOCIAL SECURITY
At present, a large-scale digital transformation of social relations is taking place, which affects relations in the labor market. Modern labor relations are faced with a radical transformation of the types of work activities. Labor is increasingly moving into the service sector. Thus, according to the International Labor Organization, 49% of the total number of employees is in the service sector, 29 % in agriculture, 22 % in industry. The sector is characterized by the independence of the person performing the work (as opposed to collective work in social cooperation characteristic of production), as well as a focus on results, which brings labor relations closer to civil law and encourages scientists to reconsider the criteria for classifying certain relations within the scope of labor law norms. The introduction of digital technologies into social production, as well as changes in labor due to the transition of a significant part of the economy from the production sector to the service sector, has given rise to a sharp increase in the so-called precarious and atypical forms of employment. This trend can be seen both globally and in Russia. Thus, the traditional model of labor relations, the main features of which were shaped in accordance with the industrial type of economy, is becoming applicable to an ever-smaller number of workers. In this regard, it is necessary to revise the doctrinal approach to the definition of the labor relationship and its characteristics, the purpose of which should be to develop relevant criteria for classifying relations within the scope of labor law norms, taking into account the expansion of atypical forms of employment.
CRIMINAL LAW
The paper examines the terms “inducement”, “recruitment”, “involvement”, and determines their relationship. Taking into account the fact that the legislator considers in various ways the content of a criminal offense in the form of inducement, ambiguous interpretation and difficulties arise in the application of those norms that do not define this term. In addition, there is a confusion between the concepts of “inducement” and “assistance”. Because “inducement” is similar to the activity of an instigator, and “assistance” is similar to the activity of an accomplice, these concepts cannot be considered as similar, including from the point of view of social danger. An analysis of the norms of the Special Part of the Criminal Code of the Russian Federation showed that the legislator recognizes assistance as a higher degree of public danger. The construction of special bodies of crime in the Special Part of the Criminal Code of the Russian Federation, where instigators, accomplices, and organizers become perpetrators of crimes, is determined primarily by the desire of the legislator to deviate from the traditional rules of the institution of complicity. It seems that when regulating special types of abetting, the choice of the wording “inducement, recruitment or other involvement”, “inducement or other involvement” or only “inducement” should be based on the different volume and content of the actions that constitute one or another form of involvement.
Russia’s criminal policy today does not correspond to modern ideas as to its role and place in ensuring law and order and the safety of the population. Modern criminal legislation is characterized by lack of consistency, imbalance and, as a result, low preventive effectiveness. This state of the criminal law branch has long been obvious to the academia who have rightly criticized this. The paper examines the key defects of criminal legislation and proposes principles for its improvement related to the rationalization and optimization of criminal law in accordance with modern ideas about crime and the fight against it. The punitive policy of the state, which does not achieve the goal of crime prevention, but only provokes its growth, must be replaced by another, more fruitful, rational approach, based on modern ideas about law and the values protected by it, taking into account scientifically substantiated arguments of criminologists and not subject to political, ideological and any other situation.
CRIMINAL PROCEDURE
The paper is devoted to the criminal procedural nature of the investigation team. Based on the characteristics inherent in the investigation team, it is differentiated from other forms of collective implementation of the preliminary investigation: crime scene investigation team (duty, target, specialized, joint) and forensic teams. Particular attention is given to the grounds for creation, the parties involved in the investigation team, and the requirements for familiarizing participants in criminal proceedings with this team. The idea is substantiated that the criminal procedural law should establish norms regulating the status of the head of the investigation team, issues of their interaction with the head of the investigative body, with investigators — members of the investigation team. It is noted that the current legal provisions limit the procedural independence of the investigator as a member of the group in question compared to the individual form of preliminary investigation. The study of the practice of the Constitutional Court of the Russian Federation, as well as appellate and cassation courts of general jurisdiction, made it possible to formulate some proposals for improving the legislative regulation of the functioning of the investigative team.
The paper is devoted to the issues of judicial control in modern Russian pre-trial proceedings in criminal cases.
The concept of judicial power is considered, including in the context of the development of scientific ideas about its nature. Based on the developed ideas about this concept and the goals of the judiciary, the author substantiates the thesis that judicial control is an independent function of the judiciary.
Next, the features of the parties to disputes resolved through judicial control, their subject are analyzed, and on this basis, the author’s perception of the content of judicial control in pre-trial proceedings in criminal cases is proposed. In conclusion, the issue of the place of judicial control in pre-trial proceedings in criminal cases is considered through the prism of the structure of criminal proceedings. A classification of judicial control proceedings that may exist at the specified stage of the process, depending on their subject, is proposed. The need for further research is stated, due to the insufficiency and inconsistency of regulation of the powers of the court in the exercise of judicial control.
CRIMINALISTICS AND CRIMINOLOGY. FORENSIC SCIENCE
The principle of historicism as a basic methodological requirement of dialectics has not received an independent theoretical interpretation in domestic criminology. Historical criminology can be considered its emanation in modern English-language criminology, which has established itself in recent decades as an authoritative methodological approach to the study of crime and related problems. Based on several authoritative publications, primarily the monograph “Historical Criminology” by D. Churchill, G. Yeomans and I. Channing, it seems possible to describe the main characteristics of this approach. In accordance with it, historical criminology can be thought of not as a subject area of criminological research and not as a criminological school, but as a set of requirements for the study of all components of the subject of criminology. They are based on two basic theoretical concepts: “historical time” and “historical thinking”. The main characteristics of historical time — change, eventfulness, fluidity, tension and embodiment — set the appropriate rules for conducting criminological research, including: the study of criminologically significant trends in the long term; attention to specific criminal and social events not only as a point that changes trends, but also as an independent temporal unit; using the complexity principle to explain crime. In the process of implementing these requirements, it is necessary to take into account that the present studied by criminologists is a multi-layered social phenomenon that combines not only recorded events and facts of today, but also persistent echoes of the past and anticipations of the future. It is the recognition of the unity of the past, present and future that serves as the principle of adequate historical thinking in criminology.
ENERGY, ENVIRONMENTAL AND NATURAL RESOURCES LAW
The relevance of the paper is determined by the need to improve the legal regulation of climate safety in Russia and Kazakhstan. The author examines the problems of combating climate change. The task of ensuring climate security is becoming increasingly important in light of climate change and its impact on the environment and economy of the countries in question. Measures and programs developed by Russia and Kazakhstan to reduce greenhouse gas emissions, increase energy efficiency, use renewable energy sources and adapt to climate change are analyzed. Particular attention is given to cooperation between the two countries in the field of technology transfer, exchange of experience and mutual support in achieving sustainable development and reducing vulnerability in light of global climate challenges. The work is based on data and official publications, as well as acts and program documents developed by the EAEU to ensure climate security.
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