PROBLEMS OF THEORY AND HISTORY OF LAW AND THE STATE
The article examines the origins of the statehood of North Ossetia, which became the Terek Soviet Republic and the Mountain Autonomous Soviet Socialist Republic, which is convincingly substantiated by relevant historical material. It is argued that the Constitution and the bodies of state power provided for in it – representative, executive and judicial, as well as local authorities are the most important elements of statehood, so they became the subject of research. It is noted that based on the example of past and current foreign policy of the United States and Western countries, it becomes obvious that nothing has changed in their extremely negative and selfish attitude towards Russia. At the end of the article, another conclusion is made: these republics have become a kind of “educational and practical aid” for the peoples of the North Caucasus in their desire to have their own national forms of statehood.
The article is devoted to state-legal construction in the imamate of Sheikh Mansour. Having studied all available scientific publications and materials on the life and work of the «first Imam of the Caucasus», as well as the movement named after him, the author reveals the main directions of the evolution of the power structures of the state created by him. Despite the relative scarcity of legal sources related to this topic, the work outlines the most significant aspects of the reforms of administrative and territorial administration, social policy, fiscal service and the military department of the imamate.
The article discusses doctrinal approaches to the concept of national security and its correlation with related concepts and categories. The author notes that an attempt to develop the concept of national security by summing up individual elements of this phenomenon is counterproductive. Analyzing various approaches to this problem, the author concludes that the simple “summary approach”, peculiar to modern science, should be replaced by a systematic approach.
The higher the level of development of the legal culture of a society, the stronger the need of citizens for legal regulation that ensures a more equitable distribution of material, social, cultural and other benefits. To do this, it is necessary that the most vital issues for the majority of Russian citizens be resolved by holding referendums in accordance with part 3 of Article 3 of the Constitution of the Russian Federation. Justice in Russia is the beginning that unites the majority of Russians and should become the main purpose not only of justice, but also of the activities of the legislative and executive authorities. All efforts should be directed at building a fairly organized, legal, high-tech state based on our ancestral values and a society of spiritually, intellectually and physically developed people.
The article is devoted to the study of the stabilization clause as a phenomenal legal phenomenon. The dynamic development of legislation indicates the relevance of studying such a term as a "stabilization clause". This relevance is understandable, since the stabilization clause contributes to the mitigation of current legislation and the development of effective integration processes. The role and significance of this phenomenon are considered, the author's interpretation of the concept is given, a new term "temporary legal exemptions" is proposed.
The article is devoted to the concept of the origin of law of one of the famous theorists of Russian law at the beginning of the twentieth century, G.F. Shershenevich. The author evaluates the arguments of criticism by G.F. Shershenevich approaches to this problem of the school of natural law, the historical school of law, the Marxist theory of law, as well as R. Iering and S.A. Muromtseva. A special place in the article is occupied by the characteristics of the concept of G.F. Shershenevich, which, according to the author, was influenced by the ideas of other approaches.
The study of Soviet social policy is important on the basis of a number of aspects, the main one being the fact that social welfare in historical scholarship and public opinion is generally regarded as the most successful period of Soviet society. Moreover, the period under analysis is of particular interest, as it covers the period of reconstruction after World War II and the early stages of the Cold War. This comparative analysis considers the social policy pursued by the USSR, and in West Germany (Federal Republic of Germany), since East Germany was strongly influenced by Soviet policy during this period. The experience of the USSR and FRG during this period can be useful for research and development of modern approaches to social policy and its adaptation to current conditions.
PROBLEMS OF CONSTITUTIONAL, ADMINISTRATIVE AND INTERNATIONAL LAW
The article examines the current constitutional and legal mechanism for executing decisions of the Constitutional Court of the Russian Federation. The author draws attention to two main areas that require careful study and understanding: 1) changes in current legislation and other regulations, 2) execution (accounting) of decisions of the Constitutional Court in law enforcement practice. The author points out serious shortcomings of the constitutional and legal mechanism for the execution of decisions of the Constitutional Court of the Russian Federation at the regional level, the lack of a real opportunity to influence the federal legislator and serious problems arising at the level of execution of decisions of the Constitutional Court of the Russian Federation in the law enforcement sphere.
The current issues of the formation of the composition of the Constitutional Court of the Russian Federation related to the reduction in the number of judges after the introduction in 2020 of the well-known amendments to the Constitution of the Russian Federation and the corresponding amendments to the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" are analyzed. The problematic aspects of the nomination and appointment of candidates for judicial positions are considered. The proposals to lift the age restriction for all judges of the Constitutional Court are substantiated.
The article discusses the issues of information support for internal affairs bodies in the USSR and in Russia until 2010. The article analyzes the systematic work on police informatization carried out in the USSR in the period from the 1960s to 1991. The analysis of the main conceptual documents that became the basis for the development of information support for the internal affairs bodies of the Russian Federation from 1992 to 2010 is also carried out. The tasks that were set in the Concept of information support for Internal Affairs bodies from 1993 are considered, and attention is focused on the creation of integrated databases and databases of internal affairs bodies. The article also analyzes the development of information support for the Ministry of Internal Affairs of Russia, which was carried out within the framework of the Federal Program of the Russian Federation to strengthen the fight against crime for 1994 – 1995 and the Federal Target Program "Electronic Russia (2002 – 2010)". The tasks set by the Concept of development of the information and computing system of the Ministry of Internal Affairs of Russia for 2002-2006 and aimed at creating a computer network of the Ministry are considered. The adoption of the Concept of Informatization of internal Affairs bodies until 2012 is also being considered. It is concluded that during the period under review, a technical and organizational basis was created for further improvement of the information support of the Ministry of Internal Affairs of Russia.
The legal regulation of election campaigning has been a long-standing research topic for both theorists and practitioners of electoral law. This topic becomes especially relevant during the pre-election period. The active growth of information technologies and significant gaps in domestic legislation often cause violations of existing legal norms due to the impossibility of their actual implementation. The rapid development of messengers as a means of communication and the expansion of their functionality significantly expand users' access to information. The article analyzes the legal status of Telegram channels as services for the dissemination of information on the Internet, used, among other things, for conducting election campaigning and the problems of their legal status during the pre-election period. A comparative analysis of the functionality of Telegram channels and a review of law enforcement practice is carried out. Proposals have been developed and formulated to improve the current electoral legislation of the Russian Federation.
The article systematically outlines possible conventional and other normative cases and conditions for the application of derogatory measures provided for by the main international human rights treaties and the Constitution of the Russian Federation. The author notes that international human rights treaties allow States parties to introduce, under certain conditions, legal norms restricting the application of certain rights, as well as in the event of emergency circumstances on their territory, to deviate from fulfilling their international obligations to protect human rights and fundamental freedoms and suspend their national legislation in this area. Derogatory measures are taken only to the extent necessary for the State in the interests of its security, but they should not contradict obligations arising from general international law. The article states that for the modern development of Russia, the interpretation of the norms of international law on derogation, the grounds used in it and the limits of limitation of rights are of great legal and practical importance. In the event of a state of emergency in a country or in some of its regions, the protection of human rights, albeit with some exceptions dictated by special circumstances, is still among the international obligations of the State.
PROBLEMS OF CIVIL LAW
Non-profit organizations are legal entities and the legislator explains the fair position that the formation of any legal entity should be monitored. The article examines the procedure for registering non-profit organizations, as well as government bodies carrying out registration. The authors came to the conclusion that in our country there is a two-stage model for registering certain types of non-profit organizations and amendments to the legislation are needed to simplify the procedure.
In this article, the authors analyzed the problem of using correspondence on social networks to provide it as evidence in court proceedings in the context of fulfilling obligations under the concluded contract. The study of scientific views and judicial practice has shown different points of view on the definition of signs of compliance with the contract in electronic interaction, sometimes contradicting each other. The problems and difficulties that have to be faced when confirming facts using correspondence on social networks as evidence have been identified. As a result, the authors concluded that it is necessary to amend the civil legislation of the Russian Federation in order to more accurately solve this problem in the courts, and also proposed recommendations for consolidating these legal norms.
The article is devoted to the formation of a universal definition of such a civil law category as risk. The relevance of this topic is due to the vastness of the spread of risks in civil legal relations in the absence of their legal definition in civil law. Within the scope of the article, the author considers approaches to the definition of the concept of «risk» through the prism of linguistic, general philosophical and civil law understanding. Particular attention is paid to the study of the basic theories of civil risk. The author expresses the idea of the applicability of the definitions of civil law risk formed within these concepts in relation to its individual varieties, regulated by the norms of the current civil legislation. The article also touches upon the issue of the appointment of legal norms governing civil risks, emphasizing their distributive nature. In conclusion, the author presents for consideration the formulated general definition of risk as a civil law category. In addition, the author draws attention to the need for a fair distribution of civil law risks with the obligatory consideration of private and public (public) interests.
The relevance of the research is conditioned by the complexity of its subject, which is the value aspects of subsidiary liability of controlling persons in insolvency (bankruptcy) of a legal debtor; the goal is to determine the social significance of the specified civil subsidiary liability of the controlling persons of the debtor – a legal entity in the event of its insolvency from an axiological point of view; research methodology – a dialectical method of cognition within the framework of a materialistic approach in combination with private scientific methods of cognition of social and legal phenomena: analysis and synthesis, observation and comparison; research results – based on the research, the external and internal values of subsidiary liability of controlling persons in the event of bankruptcy of a legal entity were identified and characterized; scope of application of the results – the provisions and conclusions of the analysis of this problem can be used in the law-making and law enforcement practice of the relevant legal provisions, the activities of commercial legal entities, as well as the educational process of training lawyers, including in the system of advanced training for practitioners; the novelty of the study lies in the substantive analysis of the value-legal aspect of the subsidiary liability of controlling persons in the event of bankruptcy of a legal entity; conclusions – as a result of the study, the author came to the following conclusions: in the value aspect, from the point of view of internal values, when applying the institution of subsidiary liability of the controlling persons of the debtor – a legal entity from the perspective of its bankruptcy, the property interests of the debtor's creditors come to the fore, and external the expression of its value is the achievement of a number of goals, including the prevention of illegal activities, the punishment of the guilty person and the restoration of broken law and order.
PROBLEMS OF CRIMINAL AND PROCEDURAL LAW
Currently, the issue of rationalization and optimization of criminal proceedings, improvement of legal norms regulating the production of inquiry in an abbreviated form is relevant. Scientists continue a scientific discussion about the perception of a shortened inquiry as an independent procedural form. The article discusses various points of view on the procedure for conducting an inquiry in an abbreviated form, provided that the suspect admits his guilt. As well as the opinions of scientists on the rejection of a shortened inquiry and the introduction of a protocol form of pre-trial preparation of materials instead.
The article explores methods of acquiring or selling property obtained in advance by criminal means, as an element of forensic characteristics and a component of forensic support. The issues of distinguishing between post-criminal use and unlawful disposal of property previously obtained by criminal means, the specifics of acquisition or sale (preparation, commission, concealment), including those of a remote nature, are considered.
This article analyzes the current state of criminal and criminological support for countering terrorism. It notes the high degree of elaboration of the corresponding conceptual apparatus in regulatory acts. Attention is focused on the need for further scientific understanding and development of the content of regulatory legal acts that ensure the counteraction to terrorism. As for the criminallegal support for countering terrorism, there is a tendency to differentiate crimes of a terrorist nature and its positive character. A recommendation is made to include in the content of the Criminal Code of the Russian Federation norms that correlate with the content of Article 22 of the Federal Law "On Countering Terrorism". The necessity of systematic work to prevent the spread of terrorist ideology through modern information technologies and their involvement in the terrorist activities of young people is noted. Recommendations are made for further development of counter-information activities in order to ensure counteraction to terrorism.
GOLDEN PROPORTION IN JURISPRUDENCE, LEGISLATION AND PRACTICE OF ITS APPLICATION, LEGAL EDUCATION
Ecological-economic systems, which are in a state of unstable dynamic equilibrium under the influence of natural and anthropogenic factors, strive for sustainability if human economic activity is able to maintain the assimilation potential at the level of reproduction of natural resources and environmental quality by devoting part of the income to the environmental agenda. Within the framework of the law of balanced environmental management T=1.618·t·a, sustainable environmental and economic development is achieved by allocating funds at the level (t) of the GDP growth rate (T) to the environmental agenda for the regions. The value of the ecological situation coefficient (ESC) in the law of balanced environmental management for the Russian Federation varies around the golden numbers 0.618, 1.618, 2.618, depending on the level of economic development in the biosphere, artificial maintenance of the quality of the environment in it, as well as in the future possibility of terraforming the solar planets systems. An indicator of sustainable, harmonious environmental and economic development is a linear relationship between the assimilation potential (a) and the EES at the level of golden numbers 0.618, 1.618, 2.618. In this case, sustainable environmental and economic development can be achieved in any environmental condition as long as balance is maintained between the rate of economic growth and allocations of funds for the restoration of the assimilation function of nature. But they must be directed to the environmental agenda in strict accordance with the golden proportion relative to the main directions of environmental activities, even in conditions of transformed (converted) nature, and in the near future, in conditions of terraforming. However, then all development costs will go exclusively to maintaining the habitat in multiples of the golden numbers of 1.618 and 2.618 in the coefficient of the law of balanced environmental management.
SCIENTIFIC LIFE
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