PAGES OF HISTORY
The paper is devoted to the formation of legal regulation of the circulation of medical immunobiological products. The examples of specific regulatory legal acts of the Soviet Russia show the formation of the state system of immunoprophylaxis of infectious diseases. In order to provide timely medical assistance and prevent the emergence of epidemics, a system of circulation of biological medicines was created. It included production, storage, delivery, educational and research activities, control and import of serums and vaccines into the RSFSR. The control over the quality of drugs was established during their production and distribution. The parties had the right to control imported sera, to verify compliance with the established rules: if some samples did not meet the standards, the use of the entire series, which they were part of, was prohibited. Delivery was both paid and free. The class character implied the primary provision of essential drugs to certain groups of citizens. Prerequisites for compulsory vaccination were created.
The paper explores the interaction of the Party and Soviet bodies in the territory of the Kaliningrad region in the postwar period. The author points out that even before the formation of the constitutional bodies of state power in the territory of the Kaliningrad region, the party organs supervised the activities of the temporary governing bodies and gave them direct instructions. The issues of the influence of the organs of the All-Union Communist Party (of Bolsheviks) on the elections of deputies of the local Soviets are considered. The features of the Party leadership in the region are highlighted. Thus, in the Kaliningrad region, the party organs were primarily concerned with the task of restoring the local economy, much attention was paid to propaganda work, and party work was not organized equally at all levels. Attention is given to the control powers of the party organs. It is concluded that the Communist Party not only directed the activities of local Soviets of Workers Deputies and their executive committees, but also directly interfered with the competence of public authorities, duplicating their functions.
STATE POWER AND LOCAL SELF-GOVERNMENT
The paper explores various concepts of the notion of sovereignty of the state, its content, including modern theories, whose representatives write about the sunset, twilight, transformation of sovereignty in the context of globalization. Globalization can adversely affect the social sphere, economy and other spheres of state activity, but it does not lead to the withering away of the main functions of the state, as well as the state itself. Entering into an integration association, becoming a party to an international treaty, the state does not limit its sovereignty, but, on the contrary, uses its sovereign rights. The problem of state sovereignty has acquired special significance today in connection with the process of attracting foreign investment. Foreign investment, being a boon to the economy of the host state, may pose a threat to the security of the state. The states, being sovereign, themselves have the right to decide whether to allow foreign investors into theirterritory or not. Many states have entered into international investment treaties to encourage and protect foreign investment. These agreements provide for the possibility of an investor applying to a foreign state for international arbitration, despite the absence of a separate arbitration clause between the investor and the state. Based on a study of the theoretical issues of state sovereignty, it is concluded that such international treaties do not violate the sovereignty of the state, since states voluntarily become parties to such agreements and themselves allow investors to use the arbitration method of dispute resolution.
The paper discusses the content and significance of the constitutional regulation of the state pension provision in the context of changing the retirement age. The author summarizes the legal positions of the Constitutional Court of the Russian Federation, the European Court of Human Rights and proposes a system of constitutional standards for pension reform based on the principle of a social state. The issues of gender differentiation of the retirement age, the economic feasibility of a pension are considered. The author analyzes the importance of the pension reform for the principles of legal certainty of legislative policy and the stability of the legal status of a citizen. A description of the public discussion about a possibility of raising the retirement age is given, the main socio-economic conditions affecting the pension system are indicated. The author concludes: changing the conditions of pensions is possible while maintaining citizens’ confidence in the law and actions of the state, which requires maintaining the reasonable stability of legal regulation and increasing the welfare of citizens, as well as establishing a reasonable period of adaptation.
PUBLIC ADMINISTRATION AND ADMINISTRATIVE PROCESS
The current stage of the federal licensing legislation development suggests that its system has been formed. The author examines and characterizes the system of federal legislation on licensing by the example of the Constitution of the Russian Federation, federal laws, codes and by-laws. The imperfection of the legislation on licensing of certain types of activities and the presence of a number of problems of legal regulation are noted. The need for its further improvement and reform is determined. The problems of optimizing the number of licensed activities by simultaneously reducing and increasing them are raised. It is proposed to tighten licensing requirements and conditions in some cases. The absence of administrative regulations for the implementation of licensing with some licensing authorities is stated. The imperfection of the administrative licensing procedure is underlined. In this regard, the paper identifies directions and prospects for the further development of federal legislation on licensing, which includes reducing and unifying legislation on licensing, introducing changes to existing legislation, and developing and adopting new regulatory legal acts.
CIVIL AND FAMILY LAW
The paper is devoted to the theoretical understanding of the new model of civil law protective legal relations — legal relations for the protection of the rights and legally protected interests of participants to an invalid transaction. The need to formulate the concept, to determine the characteristics of this legal relationship has become relevant in connection with a change in the legislative approach to the interpretation of the conditions for recognizing transactions invalid. Today, invalidity is not associated exclusively with a defect in the transaction structure: the legal indication of the need to violate someone’s rights and legally protected interests by the fact of the commission and (or) execution of an insignificant or contested transaction indicates a new approach to the invalidity of transactions as a harmful legal situation. The legal form of protection of rights and legally protected interests violated by such a transaction is precisely the legal relationship to protect participants to the invalid transaction. The paper analyzes the peculiarities of the legal relationship for the protection of the rights and interests of the participants in a void transaction protected by law with regard to the grounds for their occurrence and their dynamics, taking into account the forms of invalidity reflected in civil legislation. Conclusions are drawn about the non-identity of such a legal relationship of a restorative legal connection, about the relative independence of the latter. The specificity of the subjects, object, content of the legal relationship for the protection of participants in an invalid transaction is substantiated, its concept is formulated.
Currently, educational organizations use an online form of educational programs to improve the quality of education. One of the main documents confirming the implementation of educational programs in an educational organization through the online form is the agreement on the online form. The use of the considered form has led to the emergence of new problems and issues related not only to the content of the agreement on the online form of the implementation of educational programs, but also to the process of educational activities within the network interaction. The author studies social relations concerning the provision of educational services arising from the use of the online form for the implementation of educational programs, in particular, their features from the point of view of civil law. The paper considers the legal nature of the agreement on the online form of the implementation of educational programs and elaborated the definition of the concept of this agreement. The author analyzes the subject composition of the agreement on the online form of the implementation of educational programs, an attempt has been made to distinguish between the concepts: an educational organization, an organization providing training, and an organization carrying out educational activities. The paper proposes a classification of contracts for online form. The author also dwells on the use of property in the online form of the implementation of educational programs. The author considers the relationship between an agreement on the online form and an agreement on mutually beneficial cooperation. The court practice on disputes arising from the mandatory conditions of agreements on the online form of the implementation of educational programs is presented. The author analyzes the most significant problems of legal regulation, and formulates proposals to change the list of mandatory conditions of the agreement on the online form of educational programs.
The paper deals with the problems associated with the recovery of alimony for minor children. It is stated that with all the variety of repressive measures used in relation to a defaulter, the problem of collecting alimony remains relevant. In this regard, it is necessary to raise a question of the formation of legal mechanisms that would motivate parents to fulfill the duties of maintaining a child with whom they do not live. Sociological studies show that payers’ doubts that such alimony is used for its intended purpose are a significant obstacle to the performance of their duties. In this connection, a proposal is made to establish the obligation to submit a report on the use of alimony by a person who actually receives it and should use it in the interests of the child. Alimony for minor children has a special purpose and is used by the person who actually receives it, in the interests of another person. In this regard, there is a similarity with civil law relations, within the framework of which foreign funds are used, which provides for the provision of reports. Since the bill containing such proposals was submitted to the State Duma, the history of its consideration is briefly presented. It is concluded that, if the bill had certain drawbacks, the reasons for rejection were not sufficiently substantiated. Suggesting this legal mechanism, the author specifies cases when its use is unacceptable based on the characteristics of the subject matter. The legal consequences of the failure to fulfill (inadequate fulfillment) of reporting obligations, both existing and those that could be established later, are outlined. The introduction of a reporting system for spending money on a minor child will not only increase the culture of post-divorce relations, but also ensure the realization of the interests of the child himself.
CIVIL AND ADMINISTRATIVE COURT PROCEEDINGS
The paper discusses some aspects of the unification of the rules of civil and administrative procedure following the example of the rules on refusal to accept a statement. From the doctrinal point of view, the problem of the relationship of these norms with the tasks and basic initial principles of the civil process is investigated. Court practice on the refusal to accept the application due to the lack of jurisdiction of the case is analyzed. Within the framework of the topic under the study, some provisions of the draft law of the Supreme Court of the Russian Federation on amendments to the Civil Procedure Code of the Russian Federation, the agrarian and industrial complex of the Russian Federation, the CAS of the Russian Federation are assessed. The author makes suggestions, the implementation of which will increase the effectiveness of judicial protection of interested persons, will ensure the availability of justice in civil and administrative cases and will contribute to procedural economy.
LEGAL PROTECTION OF INTELLECTUAL PROPERTY
The problem of improving legislation in the field of copyright protection is one of the urgent problems that modern Russian legislation faces. It is due to the fact that following the dramatic development of information and communication technologies, unscrupulous users have the opportunity to place fragments of other people’s works on their websites without reference to the author and source of borrowing, without disclosing information about the site owners. During the study of the peculiarities of the legal regulation of copyright protection on the Internet, problems related to copyright protection have been identified, namely the presence of anonymous websites that publish fragments of other people’s works without reference to the author and the source of borrowing. At the same time, the author is practically deprived of any means of protecting copyrights, since the ‘Antiplagiat’ service shows the presence of borrowings in the author’s work, and a potential author cannot protect his rights, since it is not known who to sue. It is proposed to introduce an institution of public law suit into the Russian legislation. In case of satisfaction of the specified claim and determination by the Court of the fact of illegal borrowing of someone else’s text, Roskomnadzor blocks this resource.
The status of the institution as a “holder” of the founder’s property makes one think about the need to apply, by analogy of the law, the provisions governing the right of operational management to relations regarding the disposal of the institution with its exclusive rights. Given the fact that the prerequisites for introducing the consent of the founder as a necessary condition for disposing of the valuable property of the institution are equally applicable both to objects of real rights and exclusive rights to the results of intellectual activity. However, the author justifies the inadmissibility of the application by analogy of the law of the provisions of the Civil Code of the Russian Federation limiting the powers of the budget institution to dispose of the property assigned to it on the right of operational management, indicating that there is no regulation gap that would require replenishment. In this regard, the author comes to the conclusion that, as a general rule, a budget institution has the right to independently manage its exclusive rights to the results of intellectual activity without the founder’s consent.
CRIMINAL LAW
The paper deals with the significance of the interests of the subjects of relations in establishing the object of the crime. The concept of “an object of the crime — public relations” is universal, but it has a drawback: as a phenomenon, social relations are intangible, and as a concept they are abstract. This creates difficulties for the law enforcement officer. According to the author, one of the ways to concretize the object of the crime is to consider it in light of the interests of the subjects as an opportunity to act or remain in a certain state. The Criminal Law irrespective of specific, private cases, provides for the protection of potential possibilities of citizens, the implementation of which contributes to the development of the society. It makes no sense to oppose public relations and interests, since relations arise and develop for the realization of the subject’s interests. An interest in determining social harm to public relations acquires specific importance that is expressed in the activities of their subjects, such as relations in the field of economic activity. The negative consequences of the impact on relations in question do not appear immediately, but after a certain time, which makes it difficult to establish awareness of social danger. According to the author, in order to concretize the subject of anticipation, the law enforcer should establish the awareness of the subject of not the public danger, but of the social significance of his actions and the anticipation of the occurrence of not socially dangerous consequences, but the possibility of doing harm to the interests of the individual, society and the state.
The authors examine peculiarities of interpretation of the concepts of the “use of violence” and “abuse of helpless state of the victim” as alternative constructive elements of a rape and sexual violence envisaged by law. The article examines the possibility of simultaneous imputation of the above-mentioned characteristics when classifying a uniform (single) violent sexual assault. To this end, the authors are analyzing the ways proposed by the theory of law to resolve this problem, studying certain provisions of the acts of the Supreme and Constitutional Courts of the Russian Federation, judgments and other instruments of the courts of general jurisdiction. As a result of the conducted research the authors justify the necessity of joint imputation of elements of the “use of violence” and “abuse of helpless condition of the injured person” in case of their presence in acts of the guilty person who has committed the crime under Art. 131 or 132 of the Criminal Code of the Russian Federation. In addition, it is concluded that the joint use of these elements in the necessary situations provides a more accurate assessment of the violent sexual crime, which, in turn, affects the imposition of a fair punishment.
CRIMINAL PROCEDURE
In this paper the author examines the Protocol of Detention of the Suspect as a criminal procedural act recording the decision of the investigator concerning short-term restriction of the constitutional human right to freedom and personal inviolability. Relying methodologically on the true purpose of detention of the suspect in the general system of rights-limiting mechanisms in the field of crime detection, disclosure and investigation, the author concludes that the procedural decision on its implementation (detention protocol) lacks the “high” legal meaning that is embedded in other legislative acts governing preliminary investigation. The author believes that, despite the criminal procedural formalization, the detention of the suspect, in fact, remains a preventive “police” measure used for the purpose of “external,” “pre-trial” ensuring of a favorable regime of pre-trial proceedings in the criminal case. In this regard, it is proposed to exclude the detention protocol from the sphere of criminal procedure and transfer it to the administrative jurisdiction of the police and other “law enforcement” agencies engaged in the actual detention and transportation of potential suspects.
CRIMINALISTICS AND CRIMINOLOGY. FORENSIC SCIENCE
The study of the practice of portrait examinations carried out by forensic expert institutions of Russia shows that the forensic examination of video images becomes complex and requires joint participation of forensic experts of different qualifications. The problem of establishing the authenticity of the video document submitted for examination, which is resolved by experts in the field of photo and video expertise, becomes urgent. Without establishing the fact of the integrity of the original record, the conclusion of an expert in the field of portrait examination will be unreliable. Experts in the field of habitoscopy are majoring in resolving issues of identification on the basis of person’s appearance. The joint participation of experts mentioned above facilitates the establishment of the sequence of actions of the participants of the incident, as well as the degree of technical factors influence on changes in the appearance of a person in the process of video recording. Accumulation of the empirical basis for carrying out complex examinations in the future will create an algorithm for a high-tech research.
INTERNATIONAL LAW
The article is devoted to the analysis of mutual relations between Russia and the EU countries in the sphere of science, technology and innovation. It focuses on the analysis of principles and forms of cooperation taking into account their evolution and assimilation of the previous experience of the Soviet Union in the implementation of international scientific and technical cooperation (STC) with States of different levels of economic development. The presence of analogues or the same forms that were previously known in interstate relations in the affected area is now revealed. Thus, the combination of contractual and institutional instruments for the implementation of international relations concerning scientific and technical cooperation remains important. At the same time, there are also new means generated by the need to improve the registration of contractual relations in the field of STC and adjustment of the legal regulation in this part to the realities of life.
INTEGRATION LAW
The author of the article gives analysis of the state and development of the Russian legal education in the national and Eurasian area. The author determines the main shortcomings of the Russian legal education. The article scrutinizes the Russian experience in the field of international educational cooperation in the Eurasian space. The author highlights the problem of training legal personnel capable of working in the conditions of international integration paying special attention to the implementation of joint projects in the relevant areas of cooperation. Special attention is paid to the role of the Association of Law Universities and the Eurasian Association of Universities in the development of the Russian higher education. The necessity of creating a legal network University, the priority direction of which will be the possibility of obtaining a high-quality legal education, which will allow training of professional lawyers for the implementation of joint projects in the Eurasian space.
COMPARATIVE LAW
The article analyzes the institute of foster care. The authors are carrying out a comparative legal analysis of the establishment, regulation and functioning of the institute in question in Russia, the United States, England, France, Germany comparing their legislation, identifying the legal nature and essence of the patronage, analyzing the quality of interaction between state bodies and non-profit organizations as a single mechanism for the implementation of public policy in the field of foster care, providing the official statistics concerning the rate of growth/decline in the number of foster families in these countries. The analysis has resulted in determining the elements that affect the efficiency of fostering: the level of how well the issue is legally settled, the level of organization and accessibility to the population of the mechanism of patronage, awareness of citizens of the legal, social and psychological benefits of foster care in relation to other forms of guardianship (the paper scrutinizes the role and influence of non-profit organizations in the promotion and provision of various types of assistance in the field of foster care). It is concluded that in Russia patronage is not a popular and widespread form of guardianship.
LAW ENFORCEMENT
The paper is devoted to the issue of social security of officers of the Investigative Committee of the Russian Federation. An effective system of social security and guarantees of citizens’ rights are recognized as an urgent problem at the present time and is of great theoretical and practical importance. Due to the fact that the personnel of the Investigative Committee of the Russian Federation have a special legal status, and therefore are endowed with special duties expressed in the performance of some important state functions, and that their activities are associated with various restrictions and prohibitions, specific requirements for professional and personal qualities justified by the need to create conditions for effective professional activity, they have the right to proper social security guaranteed by the state. Based on the analysis of the current regulatory legal acts, court and other law enforcement practice, the authors underline the advantages and disadvantages of social security of this category of citizens and highlight the main directions of improving social security of officers of the Investigative Committee of the Russian Federation.
LEGAL EDUCATION
The article deals with the problem of integrity of scientific views on the generally recognized constitutional norms in the context of social regulation. Many constitutional scholars examine social norms separately from each other, rather than as a whole, which is unacceptable. The authors draw attention to the fact that morality is normative in nature and is closely linked to such social regulators as religion and law. That is why religious rules in universities should be studied and, subsequently, adequately reflected in rule-making and law enforcement activities. The criteria of distinction between law and morality are highlighted. The problem of separation of law from morality in the context of legal regulation is analyzed. The authors also conclude that the principles of international law on which the human rights system is built at the international level and in the national legislation can restrict human rights only in order to ensure the rights of others.
The article deals with the peculiarities of teaching Constitutional Law for students studying to become Business Lawyers who will subsequently carry out their professional activities in the field of entrepreneurship. At the moment, the practice-oriented higher education, the need to achieve an applied character of the results of the educational curriculum involves the use of an interdisciplinary approach in the science and in the development of syllabi of academic disciplines taught within such a specialty as “Jurisprudence.” In addition to the fact that Constitutional Law is a basic branch of law that forms the foundations of many other branches of law, modern realities also confirm the demand for the development of legal qualifications in different directions. All this contributes to evolution of the approach to teaching branches of law, in particular constitutional law, based on the specifics of the leading department, in this case, the Department of Corporate and Business Law.
The article substantiates the positive nature of amendments made to the Federal State Educational Standard of Higher Education in the field of training 40.03.01 “Jurisprudence” (bachelor’s level) in terms of referring “Family Law” to the subjects of the base part. Based on the analysis of existing approaches to the teaching of the discipline “Family Law” in the leading educational institutions of the country, certain conclusions about its structure, content and features of implementation in the system of training of lawyers are formulated. Attention is drawn to the high importance of the General Part in the structure of the curriculum. Emphasis is placed on the need to study the history of Family Law, the theory of implementation and protection of family rights, as well as issues of family legal responsibility. In modern conditions importance is also attached to the issues of cross-border existence of family relations. Specific recommendations concerning the organization and content of classroom training and independent work of students are offered. The influence of the study of Family Law on the formation of knowledge, skills and abilities of the future lawyer is estimated.
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