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Actual Problems of Russian Law

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No 7 (2019)
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PAGES OF HISTORY

11-20 434
Abstract

The article deals with the peculiarities of formation and development of credit cooperation in the Russian Empire at the end of 19th — early 20th centuries. For a long time credit cooperation had been turning into a very developed system. The cooperative movement had gradually embraced vast masses of the population and contributed not only to their engagement into goods/money relationships but it also became the means of economic modernization, social structuring and formation of the civil society.

PHILOSOPHY AND ETHICS OF LAW

21-26 513
Abstract

The article deals with the balance between morality and law. The author raises the issue of the need to increase the authority of law by means of moral and philosophical expertise. The paper focuses on the question of the need to develop the technology of moral and philosophical expertise. An attempt is made to conduct a moral and philosophical expertise on the basis of program and strategic documents, namely: «Strategy for action in t he interests of senior citizens in the Russian Federation 2025» and «The Concept of Implementation of the State Policy on Reduction of Alcohol Abuse and Prevention of Alcoholism among the Population of the Russian Federation for the Period up to 2020.» On the basis of the analysis of these documents the conclusion is made about the necessity of carrying out moral and philosophical examination in order to increase the efficiency of implementation of program-strategic documents. In addition, the author highlights the lack of the definition of the legal status of program and strategic documents at the legislative level, as well as the order and consistent system of adoption of such documents, which results in their ineffectiveness.

PUBLIC ADMINISTRATION AND ADMINISTRATIVE PROCESS

27-34 1011
Abstract

Analysis of normative acts, law enforcement practice and legislative activity indicates the existence of a set of problems concerning imposition of administrative responsibility on subjects of medical activity. 

Despite the fact that Chapter 6 of the Code of Administrative Offences of the Russian Federation provides for specific elements of offences that are detrimental to the human health, subjects of medical activity are often brought to administrative responsibility for different elements. At the same time, the current Administrative Offences Code of the Russian Federation does not contain rules regarding responsibility for performing illicit medical activity. While considering the cases of imposing administrative responsibility on medical organizations, we raise questions about qualification of offenses imputed to them, which is of particular importance in view of the existing duplication of powers of supervisory bodies. Another problem arises due to the imperfection of normative documents (in particular — the procedures for rendering medical care), for non-compliance with which medical organizations are held accountable. A draft law on improving administrative responsibility in the health sector, which is being considered by the State Duma, does not offer a solution to this problem, but without sufficient justification introduces duplicative special elements of crime into the Code of Administrative Offences of the Russian Federation.

35-38 547
Abstract

The article is devoted to the consideration of the problems of administrative suspension of the license for medical and pharmaceutical activity. The article highlights that the law-maker has provided for the possibility of suspension of the license in administrative order if the activity of the licensee is suspended in general, as well as if there is a failure to comply with the order to eliminate an essential breach of the license under consideration. At the same time, the lack of by-laws and explicit instructions in the law concerning operation of such provisions in respect of licensees engaged in medical and pharmaceutical activities does not prevent application of mechanisms in question. The authors note that a wider application of the license suspension would be facilitated by the adoption of normative legal acts regulating the procedure for the application of administrative measures in the health sector.

FINANCIAL LAW

39-42 522
Abstract

The article is devoted to the consideration of legal foundations of implementation of mega-science projects on the territory of the Russian Federation. These projects involve the implementation of breakthrough research aimed at obtaining knowledge important for the development of the whole mankind. Implementation of mega-science projects requires concentration of scientific, human and primarily financial resources, which, in turn, is possible only in the context of formation of the necessary legal framework. The study has allowed the authors to come to the conclusion that at present in the Russian Federation the necessary legal framework for the implementation of mega-science projects has been created. The most important direction of legal regulation of Mega Science covers consolidation of mechanism of financing unique scientific facilities. At the same time, the mechanism as a whole is based on the most important principle of budgetary law, namely, results-based budgeting. To this end, the main source of mega-science projects funding is the federal budget that is allocated within the framework of State programs.

43-48 645
Abstract

The author considers budget control as the most important type of state financial control. The article analyzes approaches to understanding budget control, discusses the sources of legal regulation of budget control in the federal cities of the Russian Federation, types and methods of exercising budget control in federal cities (on the example of the city of Sevastopol). The author comes to the conclusion that normative legal acts of constituent entities f the Russian Federation — the federal cities of the RF — determine the issues of budgetary control in different ways. In some cases regional budget legislation in federal cities contradicts the federal laws, in connection with which it is necessary to bring normative legal acts of constituent entities of the Russian Federation into line with the federal legislation. However, the lack of a uniform normative legal act regulating the procedure for budgetary control at the federal level leads to gaps and inaccuracies in the mechanism of legal regulation of control-budgetary relations at the level of the constituent entities of the Russian Federation.

CIVIL AND FAMILY LAW

49-56 608
Abstract
The author focuses on the similarity between relations of joint shared property and corporate relations, and proposes a “collective (a team of co-ownwers)” concept of joint property rights that is designed to solve the main problems of relations in question, including the definition of the subject of the right to joint shared property. From the point of view of the “collective” concept, the right to joint property is uniform. If the ownership of individual participants was extended to the whole thing, everyone’s will would be decisive in determining the fate of the thing, but the actual situation is not like this. In addition, possession is an external manifestation of ownership. At the same time, none of co-owners has the opportunity to appropriate the whole thing or even its part. He has only the right to claim possession. The general rule applies to the thing that is the object of the right to joint property. The right to joint property belongs to the team of co-owners as a non-entity community. There is no contradiction in the fact that the right belongs to an unauthorized association (a non-entity community), since the right can be attributed to the person whose will and domination is recognized by law, even if the law denies it as the subject (participant) of civil law relations.

LEGAL PROTECTION OF INTELLECTUAL PROPERTY

57-66 642
Abstract

The article investigates the tendency of “formatization” of the results of intellectual activity that is also taking place in cross-border private law relations. On the basis of the analysis of foreign and Russian legal doctrines, jurisprudence and case law, the author comes to the conclusion about the independence of the format as a result of intellectual activity and about the possibility of using formats not only for audiovisual works, but also for some other categories of intellectual property regardless of protectability of the latter as objects of intellectual property rights. Taking into account the above, the author proposes a definition of the concept “format of the result of intellectual activity” that is generic in relation to the concept of “format of an audiovisual work”. The author substantiates the system of concepts included in the scope of the generic concept “format of the result of intellectual activity.” The conclusion is made that the concept of the format of the result of intellectual activity has a significant potential for development as an independent object of intellectual property.

LABOR RELATIONS AND SOCIAL SECURITY

67-76 599
Abstract
The article deals with the legal status of researchers in Russia and some foreign countries, classifies categories of researchers in Russia and highlights the main aspects of their legal status, identifies some problems of their legal status associated with short-term employment contracts. The author analyses the legislation covering each category of researchers on the basis of the division of the categories of researchers proposed by the author and the problems associated with unreasonable differentiation in the status of researchers. Special attention is paid to scientific workers working in educational institutions of higher and additional vocational education due to additional rights and duties, as well as in connection with the qualification requirements specified in the Professional Standard. Also, the paper highlights the problems of terminological nature, for elimination of which the author proposes to approve a uniform nomenclature of positions of researchers. The article critically evaluates the practice of transition to the conclusion of short-term employment contracts with researchers, analyzes the phenomenon of conclusion of fixed-term employment contracts in foreign countries.

CRIMINALISTICS AND CRIMINOLOGY. FORENSIC SCIENCE

77-86 1251
Abstract

The article is devoted to determining interconnection between the systems of organized crime and corruption, substantiates the necessity of studying prerequisites of such interrelation (mutual influence). The author considers such conditions of interaction of organized crime and corruption as the presence in systems of corruption and organized crime of basic systemic features, as well as various factors of mutual interpenetration of corruption and organized crime. The author analyses the recent statistical data concerning the state of corruption and organized crime, on the basis of which the conclusion is drawn about improvement of measures aimed at counteracting corruption and organized crime.

87-96 499
Abstract
The paper discusses the concept of ethnic identity of the author. Various approaches to the study of the socio-biographical background of the author based on of his written speech aimed at solving and investigating crimes are analyzed. Peculiar features of the diagnostic study of the ethnic identity of the author are defined. The results of the study allow us to conclude that the author of an anonymous text can be referered to a specific ethnic group. Social groups were monitored on the Internet, and on the basis of an empirical analysis of the results obtained, a set of diagnostic features was identified, allowing the author of an anonymous text to be refferred to as an ethnic group of Kabardians. It is also noted that in modern conditions speech traces containing criminalistically significant information about the identity of the offender, are most often found in a digital form in blogs and social networks. It is noted that the need of operational investigative and investigative practice in obtaining and studying speech traces in the digital environment is increasing. It indicates the need for information and computer support for the study of products of speech activity. In this regard, it justifies the urgent need for research in the field of written speech of ethnic groups living in the territory of the Russian Federation, with the aim of obtaining forensically significant information about the ethnic group of the author of an anonymous text. In conclusion, the author mentions that the determination of the ethnicity of the author is one of the tasks for establishing the demographic characteristics of the author

ENFORCEMENT OF PENALTIES

97-105 629
Abstract

The paper is devoted to the consideration of the organizational and practical activities of the departments and services of correctional facilities in ensuring the employees safety. The problems and the main functions of the departments and services of correctional facilities in the direction of ensuring the safety of employees are analyzed. The author provides statistics on key performance indicators, reflecting up-to-date information on the state of security and crime in prisons. The measures aimed at improving the effectiveness of the departments and services of correctional facilities to ensure the safety of employees are proposed.

INTERNATIONAL LAW

106-114 1673
Abstract

The paper highlights the role of international law in the regulation of modern international relations. It is noted that international law is an essential tool for managing the activities of participants in international relations. Particular attention is given to the role of Russia in modern international law. The role of the Russian Federation in the progressive development of international law is analyzed. The authors give examples of the activities in the drafting of international legal acts at the present stage, as well as proposals put forward by Russia on the need for legal regulation of the most significant global problems of modernity for international relations. The conducted analysis suggests that the Russian Federation is currently one of the guarantors of international law.

 

115-122 488
Abstract
The paper is a review of the regulatory framework of the Russian-American cooperation in science and technology. The authors analyse the interstate and intergovernmental agreements concluded by Russia and the United States in this field (1992 Agreement between the Russian Federation and the United States of America on Cooperation in the exploration and use of outer space for peaceful purposes, 1993 Science and Technology Cooperation Agreement between the Government of the Russian Federation and the Government of the United States of America, 2013 Agreement between the Government of the United States of America and the Government of the Russian Federation On cooperartion in nuclear- and energy-related scientific research and development). The paper highlights the key problems of legal regulation and provides specific examples of the implementation of the provisions of bilateral agreements, in particular, joint Russian-American projects in the area of space, scientific, technological and educational cooperation (the program «Soyuz-Apollon», international project «International Space Station», the Russian Academy of Sciences and the US scientific institutions cooperation agreements). In conclusion, an attempt is made to identify the main trends in the development of the legal framework for cooperation between Russia and the United States in the scientific and technological field.

INTEGRATION LAW

123-133 557
Abstract

Evaluation of the effectiveness of legal regulation is impossible without considering the existing law enforcement, especially court, practice. The EU Court is a landmark institution of the European Union in the field of interpretation of rules of law. Therefore, the presence of a certain number of precedents in its practice, some of which may be the cornerstones not only in this field, but also in others, is of serious scientific and practical interest.

The analysis of the facts of real court cases, as well as questions of the interpretation of rules of law, allow us to consider a whole stratum of seemingly completely non-obvious problems (including legal gaps) with a view to eliminating them.

134-140 632
Abstract

The paper describes the main approaches used by the Court of the EAEU in the administration of justice. This paper examines the practice of the Court of the EAEU in conjunction with the practice of the EurAsEC Court to increase the representativeness and validity of the topic. The analysis of the practice of the Court of the EAEU and the EurAsEC Court makes it possible to conclude that the main approaches to the administration of the Eurasian justice are the independence of the EAEU system of justice, the compulsory nature of the Court’s interpretations and the filling of gaps through the establishment and further specification of the EEC competences, which are not specified in the EAEU Treaty. The paper also analyzes the question of the Court of the EAEU consideration of the interpretation and explanation competence as its exclusive authority as the last, or rather the highest, court.

FOREIGN EXPERIENCE

141-147 532
Abstract

The paper is aimed at studying the features of the migration legislation of Japan and the study of the legal status of the immigration bureau of this state. Japan is a country that has passed a special path of historical development. In many ways, this specificity was due to the state policy of isolationism. The existing cultural traditions largely determine the attitude of the Japanese government to immigration. The paper studies the history of the formation of migration control authorities of the state in question, the peculiarities of the legal status of the Immigration Bureau of the Ministry of Justice of Japan and its structure, analyzes the powers of the Immigration Bureau employees. The paper also provides information on the size of the Immigration Bureau and state funding of the activities of this body.

COMPARATIVE LAW

148-153 442
Abstract

The paper analyzes and compares the legislation of Russia and Kazakhstan, which establishes the size of the remuneration of attorneys for their intended purpose, the practice of their application from the point of view of the international standard for the independence of advocacy. It is concluded that the existing wage rates of lawyers in Russia are extremely low, are firm and not tied to a specific financial indicator. The situation is exactly the opposite in Kazakhstan; therefore, the author of the paper points out the need for introducing legislative changes similar to Kazakhstan in Russia, so that the lawyers’ remuneration is decent and increases regularly. The paper talks about the need to establish the payment for the negotiations time, gathering of evidence, preparation for procedural and other actions. According to the results of the study, the author concludes that the existing situation in Russia and Kazakhstan, including the multimillion arrears of the authorized bodies to lawyers, poses a serious threat to the independence of lawyers and gives rise to the phenomenon of “pocket lawyers”.

154-160 367
Abstract

The environmental legislation of the Russian Federation does not fully regulate the impact on the environment during the creation and operation of rocket and space technology. The impact of carrier rockets launches on the environment is currently not standardized: there is no payment for negative environmental impact, there are no impact regulations. The legislation of the Russian Federation does not provide for environmental monitoring of spaceports and rocket stages drop zones. The commissioning of the Vostochny Cosmodrome requires solving the accumulated problems on environmental management issues in the implementation of rocket and space activities. Additional difficulties arise during the operation of the Baikonur Cosmodrome located on the territory of the Republic of Kazakhstan due to differences in approaches to the environmental management in the Republic of Kazakhstan and the Russian Federation. The analysis of the regulatory acts of the two states in terms of applicability to the rocket and space activities has shown that the improvement of the regulation of this type of anthropogenic impact on the environment is easier to implement within the Kazakhstan legislation. It would be advisable to have uniform requirements for space complexes in their development and operation within the environmental legislation of the CIS member states.

ENERGY, ENVIRONMENTAL AND NATURAL RESOURCES LAW

161-171 495
Abstract
The paper discusses the strategic directions of legal support of environmental safety in the Arctic zone of the Russian Federation, including the concept, specificity, types of environmental hazard, as well as the criteria, boundaries and possibilities for ensuring environmental safety in the Arctic region. Based on the analysis of the existing and future state programs and areas of economic development in the Arctic, the main trends in the socioeconomic development of the Russian Arctic are identified and analyzed. The authors formulate key compensatory mechanisms for preventing threats and risks of ensuring environmental safety in the Arctic by changing the conceptual approach to the system of natural resource management by ecosystem management model, as well as the development and implementation of nature-like technologies. The conclusion is substantiated that, given the special nature of the development of the Arctic, it is required to adopt a single continuous and balanced in terms of goals, objectives, resources, implementers, a long-term sustainable development plan for the Arctic, taking into account both economic and environmental safety criteria.

CONFERENCES

172-191 594
Abstract
On October 29, 2018 the Kutafin Moscow State Law University (MSAL) held a methodological seminar, the reason for which was the publication of the monograph written by Doctor of Law, Professor Petr Pavlovich Serkov «Legal Relations. Theory and Practice of Modern Legal Regulation». Many famous scientists, practitioners, whose reports were devoted to the problems of the theory of legal relations, attended the seminar. They subjected the judgments and conclusions of the author to a detailed and sometimes critical analysis. The review contains almost all the reports of all the participants of the seminar


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ISSN 1994-1471 (Print)
ISSN 2782-1862 (Online)