STATE POWER AND LOCAL SELF-GOVERNMENT
Technological modernization in the modern world raises the question concerning additional comprehension of the relationship between the man and environment. A favorable environment and its individual components (land, subsoil, soil, waters, etc.) form the objects of human and civil rights and duties of the man and citizen that are at the center of the formation of a new level of relations between the man and environment. Thus, determination and constitutional legal regulation of various aspects of the essence of human and civil rights and duties in the field of ensuring a favorable environment is of particular importance. Today, it is particularly important to reveal a multidimensional nature of the unity of rights and duties of the man and citizen, which increases the level of sustainable and responsible attitude towards the environment.
PUBLIC ADMINISTRATION AND ADMINISTRATIVE PROCESS
The article deals with theoretical aspects of providing evidence in administrative process. Attention is drawn to the importance of evidence for administrative procedural practice. It is concluded that the administrative process is aimed at understanding the truth in the context of administrative cases. At the same time, evidence in administrative proceedings has its own features that distinguish it from evidence in other types of legal proceedings. One of the major shortcomings is the lack of systematization of administrative and procedural rules. It is noted that the measures of administrative and procedural support are twofold in nature. On the one hand, they can be aim at collecting evidence, on the other hand — at administrative-procedural prevention of offenses and drafting of administrative-procedural documents. An attempt has been made to substantiate that the process of providing evidence is present not only in such traditional administrative proceedings as proceedings in cases of administrative offenses or in administrative and disciplinary proceedings, but also in administrative and procedural proceedings. Attention has been focused on types of administrative and procedural actions undertaken in the process of providing evidence in administrative and procedural proceedings.
FINANCIAL LAW
The paper has substantiated the relevance of the principle of budgetary balance for ensuring the sustainability of the entire financial system of the country. The author focuses on methods and tools of overcoming the negative impact of the budget deficit and budget surplus. The classification of the main methods of ensuring the balance of the regional budget has been envistigated. The author reveals the features of different methods under consideration applied to achieve the necessary level of budgetary balance. On the basis of the study, the author has concluded that the authorized bodies of public administration have a wide range of tools and sources to ensure the necessary level of the budgetary balance of the constituent entities of the Russian Federation in case of budgetary deficit. For practical implementation of theoretical provisions put forward in the paper, the author assesses the level of regional budgetary balances on the example of the budget of the Kursk region. On the basis of analytical procedures, the author has substantiated the reasons for increasing the level of the Kursk region budgetary balance.
CIVIL AND FAMILY LAW
The article is devoted to the study of the possibility for minor parents to raise their own child when a guardian for the child has been appointed. The author has explored three basic approaches concerning the legal nature of such a possibility. The author has differentiated the categories "subjective right to raise a child" and "legally protected interest (protected by law interest) to raise a child" and has determined their distinctive features. The author has concluded that a minor parent when a guardian for the child has been appointed has only a legally protected interest to raise his/her child. The legal interest of minor parents to raise the child is characterized by the following features: the child's upbringing depends on someone else's discretion; the obligation of other persons not to interfere in the process of upbringing of the child, except legal representatives of the child, is carried out by the holder of the legally protected interest to raise the child; the possibility for the main participant of the upbringing of the child to exclude from the raising process the holder of a legally protected interest to raise the child, which may be challenged in the administrative and (or) judicial proceedings; lack of the possibility for the holder of the legally protected interest to raise the child to deprive the legal representatives of the child of the right to raise the child.
BUSINESS AND CORPORATE LAW
The paper has investigated some problems related to the organization and functioning of the regional market of agricultural products based on the Kaliningrad region case study. The agricultural market consists of a number of structural elements (wholesale market of agricultural products, grain market, seed market, etc.). Relations in the market of agricultural products are mediated by various contractual relations (agricultural procurement contracts, delivery, trade and purchasing interventions, etc.). Such relations are being regulated under several unrelated normative legal acts. The federal legislation does not include the agricultural market in the number of socially important markets, and only the retail market (and within the retail market the agricultural products retail market) is recognized as socially significant. In addition, regions at their own discretion can classify any market as a socially important market. In the Kaliningrad region, the agricultural products market has been attributed not only to socially significant, but to priority markets, which is reasonable. This approach is importa from the point of view of ensuring food security of a special exclave region of Russia, but it can also be justified for other constituent entities of the Russian Federation. The author has identified competitive barriers for agricultural producers and has proposed legal ways to overcome them.
An increasing role of legal presumptions in the context of reforming the institution of subsidiary liability of entities controlling the debtor in bankruptcy has been subjected to discussion in the professional community. The author has carried out a comprehensive analysis of a legal means in question taking into account its specificity as an element in the system of regulation of insolvency relations. The paper has revealed the peculiarities of elements of various presumptions, their disadvantages and advantages, procedural effects and the nature of their influence on the balance of interests of entities concerned. The conclusion has been made about the relevance of the presumptive tools as a prerequisite for increasing the efficiency of the institution of subsidiary liability as a whole.
LEGAL PROTECTION OF INTELLECTUAL PROPERTY
The paper has analyzed the grounds for emergence and termination, as well as the validity period and features of the content of intellectual rights of the publisher under the current civil legislation.
The possibility of its early termination in court is considered as one of the features of the exclusive right of the publisher. The author has determined the range of actors authorized to reguest early termination of the exclusive right of the publisher The influence of the will of the author on the range of actors entitled to reguest the early termination has been identified. The author has substantiated the researchers' standing that permits the application of the rules regulating the application of the sign of legal protection of related rights to the exclusive right of the publisher by analogy.
The personal intangible right of the publisher to indicate his name is characterized as perpetual. The paper has established the independence of the emergence of this right from the acquisition of the exclusive right of the publisher. The authors have supported the opinion concerning the possibility for the publisher to use a pseudonym on the basis of application of the rules concerning the right of the author to the right of the publisher to indicate his name by analogy.
The power of the publisher to permit the introduction of changes, abbreviations or additions to the published work is considered as forming a non-personal urgent intangible right of the publisher to inviolability of the work of another author. The authors have highlighted the dependence of the emergence and content of the right under consideration upon the will of the work's author expressed in writing. The authors have also investigated the termination of the right under consideration in case of transfer of exclusive right of the publisher to another person. The authors have revealed the inconsistency of the existing legislative regulation. Thus, the publisher is not entitled to supplement the work with illustrations and explanations. The authors have expressed their opinion on the inexpediency of interpretation of civil legislation as excluding the possibility for the publisher to independently make changes, abbreviations or additions to the work when it is being used.
LABOR RELATIONS AND SOCIAL SECURITY
The article analyzes the legal problems of implementation of Art. 134 of the Labor Code of the Russian Federation in terms of imperative obligation of employers to adjust wages. On the basis of the interpretation of the provisions of the Labour Code, the analysis of the legal standings of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and other court decisions, the authors have determined the legal mechanisms that ensure, on the one hand, implementation of a socially necessary result for employees, and, on the other hand, does not violate the balance of rights and legally protected interests of employees and employers as a condition for harmonization of labor relationships. The article emphasizes that the employer should have legal mechanisms to protect his economic interests. However, consideration of such interests should not negate the statutory obligations of the employer that include the obligation to increase the real wage levels. The authors of the article focus on the problem of indexation of wages of employees of state bodies, bodies of local self-government, state and municipal institutions. The general conclusion is made about a declarative character of Art. 134 of the Labour Code of the Russian Federation, which does not allow establishing effective working mechanisms aimed to increase the level of employees' real wages.
PAGES OF HISTORY
A suicide means a deliberate and conscious termination of person's life. At the end of 20th — beginning of 21st century, the Russian Federation has experienced an extraordinary increase in the number of suicides. Human life is the most important, priceless good of permanent universal value, the loss of which is irreversible and irreparable. Human life is the highest social value protected by law. Article 20 of the Constitution of the Russian Federation proclaims: "Everyone has the right to life." This right is natural and inalienable, and it remains valid until the death of a human being.
However, the constitutional right to life does not necessarily mean that a person has the right to death. The Russian Constitution does not recognize the right to death.
Suicide is condemned by the society, religion and the State. To this end, the actual problem is the problem of punishability of suicide, particulary the possibility of imposing criminal punishment, the attitude towards which in Russia has historically been changeable.
The paper deals with the development of the Russian criminal legislation regulating responsibility for suicide. The rules establishing responsibility for suicide in different historical periods are subject to detailed scrutiny.
It has been determined that in Russia there is a centuries-old tradition not to criminalize suicide. The author has concluded that it is expedient to research the issue under consideration in the future.
CRIMINAL LAW
Given the latest changes in the criminal law the paper provides the analysis of the features of an illegal organization and conduct of gambling, provided for in Art. 171.2 of the Criminal Code of the Russian Federation. The author defines the basic characteristics of alternative acts, peculiarities of their classification taking into account the direction of a guilty person intent in respect not only of the basic structure, but also its classified types. Particular attention is given to the qualification of crimes committed with the use of various forms of conspiracy. Court practice and criminal law provisions are considered from the critical point of view, proposals to improve the law are being made, including other acts in the commission of which the organizers make bets with citizens.
The paper notes that nowadays scientific literature does not pay enough attention to the issue of the possibility of prosecution of parents and other close relatives for the abduction of their own children. Meanwhile, the settlement of conflicts arising in relation to the abduction of children from persons with whom they reside is relevant. A study in the paper shows that the law of foreign countries provides several models of legal regulation of the problem situation. It is noted that the prevailing model does not differentiate between criminal responsibility according to the kin relations between the subject of criminal prosecution and the victim. In order to establish the object of criminal law protection, suffering from the unlawful seizure of children, the author analyzes the concept of physical liberty in relation to minors. The analysis of court practice shows that parents who have committed the act of abduction of the child, are brought to administrative responsibility. The author proposes a theoretical model of the possible rules on responsibility for the abduction of a child committed by a relative.
CRIMINAL PROCEDURE
The paper provides a definition of criminal procedure evidence and highlights elements of their internal structure. The author conducts a comparative analysis of the rights, duties and responsibilities of the persons questioned in criminal matters, and those giving an explanation in the audit of the reports of the crime. The author identifies the ratio of explanations of those involved in the production of proceedings and evidence of participants to criminal proceedings. Using court practice materials the author provides the assessment of the possibility of using explanations in establishment of evidence on criminal cases as evidence or other documents. The author substantiates the findings of non-compliance requirements of the explanations to the requirements of criminal procedure evidence and the impossibility of their use as evidence in criminal cases.
THE BAR AND NOTARY PUBLIC SERVICE
The paper investigates the process of digitalization of the modern legal profession in Russia in relation to such institute as a lawyer request. Stipulated by the current legislation of the Russian Federation on the Legal Profession, electronification of a lawyer request is considered as part of the process of digitization of the legal profession as a whole within the framework of the Russian government program "Digital Russian economy”. The author lists the currently existing problems hindering the efficient conduct of electronification of a lawyer request, which would help to improve the effectiveness of lawyer's qualified legal assistance to all interested parties, referring to them for such assistance. At the same time, the author identifies the problems associated with both the lawyers themselves and with bodies and organizations that are recipients of lawyer requests and suggests ways to overcome these problems — in pursuance of the constitutional provision providing qualified legal assistance.
CRIMINALISTICS AND CRIMINOLOGY. FORENSIC SCIENCE
The development of a single certified approach to the process of obtaining the testimony of minor victims, the availability of pre-formulated questions in an understandable for a child manner is one of the ways to increase the effectiveness of interrogation. Domestic forensics does not allocate a dedicated structure for questioning juvenile victims of sexual violence. International practice has different protocols, among which we should highlight the NICHD and RATAC, individual achievements of which can be used effectively in the domestic tactics. The working stage of the interrogation must pass through the stages of establishing psychological contact, acquaintance, explanation of the purpose and procedure of the investigative action, small talks, casual talk of a minor about the sexual abuse, questions, and the use of auxiliary elements. Particular attention should be given to the instructions to minors concerning the rules for replies "I do not know, I do not remember, I do not understand", as due to their age they may not clearly understand them. The stage of a minor's casual talk provides little information, so the question stage is of high importance. We offer to pay special attention to the form of questions, since a child, based on it, concludes if the interrogator implies a "correct" answer. Having considered closed, open, direct, non-structural and abstract questions, we conclude that there is some feasibility for using open-ended questions, direct questions as clarifying, while setting other types of questions should be kept to a minimum. Unstructured questions can be used when asking only minors of senior school age, if the level of their development make it possible. Despite the criticism of anatomical dolls and charts, their use is possible in some strictly defined cases, if other means were not effective.
ENFORCEMENT OF PENALTIES
The subject of scientific research is the legal institution of the changes in the type of the correctional facility. The paper gives a comprehensive analysis of modern penal law scientists' views on the investigated problem. According to the majority of them, the changes in the type of the correctional facility is the core of a progressive system of serving the sentence, as one of its elements. Nevertheless, the legal regulation of the changes in the type of correctional facilities possesses a number of problematic issues. Among them are: no legally binding concepts; imperfect procedural changes in the type of the correctional institution; establishing criteria for transfer from one type of correctional facility to another one, which do not make it possible to adequately estimate the degree of positive behavior of a convicted person, and so on. In the preparation and writing of the paper the following methods were used: synthesis, analysis, dialectical, comparative legal, formal-legal and others. Based on the research the paper provides the author's concept of the changes in the type of the correctional facility. The author also proposes some changes in the penal legislation aimed at improving the institution of the changes in the type of the correctional facility. A criterion for transition of a positively characterized convicted person from one type of correctional facility to another on is suggested.
INTERNATIONAL LAW
The authors investigate the specifics of international legal regulation of genetic aspects in the field of prenatal diagnostics, and analyze the debates on the reasons for this procedure. Based on the key ideas of genetic scientists on genetic screening, the existence and functioning of negative aspects were revealed; the authors provide proposals for levelling the latter. According to the results of the study it seems productive to develop and regulate a particular position on the conventional level in one of the international acts regulating relations in the field of prenatal diagnosis, followed by the implementation of the relevant national legislation. The position that seems mandatorily upon the occurrence of childbearing age, adapted for the particular rule of law is the following: all subjects are required to pass a comprehensive examination for identification of inherited genetic diseases. With regard to this course of development, the author can see an active implementation of prenatal diagnosis and the state care for the health of future generations.
INTEGRATION LAW
The European Union has formed its own legal system, which differs from both the international legal system and the legal systems of the Member States. A set of legal characteristics of the union does not allow states to accommodate the EU legal substance in the framework of an international intergovernmental organization, even with the addition of the words "type of integration". The author claims that the legal systems (other than international law) criteria for separation is the presence of a source of public authority, which may distribute such power in the individuals. One of the systemic factors of the EU legal system is the values and principles enshrined in the founding EU treaties. CJEU declares these treaties the constitutional charter, and in some cases puts them higher than obligations under international law. EU specificity is manifested in features of the interaction of EU law and international law, in particular the features of the implementation of international law in the EU legal order.
REVIEWS
The review provides a detailed analysis of the book "The Evolution of the State: Historical Dynamics and Theoretical Mode". The reviewer emphasizes such issues raised in the book as the interpretation of the concept "state", the age of the state, the concept and features of the state, protostate, typology of the state and its future. Some of the authors' ideas are criticized. In particular, the concept of the state today can not be reduced to its four classic features: territory, population, sovereignty and power, because the view on this social phenomenon has become more profound and multidimensional. The state has many additional features. The reviewer also criticises the idea of the classification of states as not based on a single criterion and flawed from a logical standpoint. The authors of the book are rebuked for the reluctance to address the issue of the future of the state, which today is not quite so straightforward.
LEGAL EDUCATION AND SCIENCE
The paper is a review of the scientific positions of known contemporary jurists — theoreticians of law and constitutionalists who address the current approaches to the subject of constitutional law, the content of the scientific field and teaching materials, the teaching of the discipline in higher education. The discussion took place alongside with the release of a new textbook by Professor B.S. Ebzeev "Constitutional Law of Russia"(Moscow: Prospect Publ., 2019. 768 p.). That happened to be an event in science that generated discussion about the subject of the constitutional law, the ways of providing information in the academic literature, the nature and content of the university discipline "Constitutional law", new approaches to the basic institutions of constitutional law, their theoretical and historical origins. The presentation of the mentioned book took place on May 27, 2019 as part of the scientific activities of Kutafin Moscow State Law University (MSAL), i.e. the round table "Constitutional Law of Russia: Scientific and Educational Concepts". According to the author, such events that combine discussion of relevant scientific issues and the presentation of new relevant scientific works contribute to the generation of new ideas in science, practice and teaching, development of optimal ways of development of Russian science and education.
ISSN 2782-1862 (Online)