LEGAL SCIENCE DISCUSSION PROBLEMS
The article tries to overcome limitations, constraints in knowledge of the law, absolutization of individual paradigms, grounds, notions about knowledge and application of knowledge, exhausted their possibilities, caused crisis in «production» and application of knowledge about the law, and to propose theses, discussing which, based on new informational cognitive opportunities created by modern society, Create the conditions for the transition from the predominantly individual creativity through the evolving creativity of relatively small collectives to the predominantly mass creativity that is becoming possible and necessary as a result of the dramatic increase in the availability of information, and, in particular, with the creation of technological conditions for new, higher levels of information consolidation, new ways of organizing knowledge into integrity, which can be used for research purposes and the practical implementation of law-making requirements the potential of modern society.
Within the framework of the social division of labor and the place of state jurisprudence among other regulatory systems designed to regulate social life, parliamentarians create rules of conduct designed only for typical situations and average citizens, and law enforcement officers are forced to apply such templates to individual cases and specific people. Thus, the reaction of the authorities turns out to be deliberately inaccurate and therefore unfair. It is corrected by various means, but the most delicate and effective – the ennobling of insensitive state law with the help of technology and extreme orientations of art as the highest layer of culture – is almost not cultivated. It is scientists who can and should correct the situation, who are engaged in free mental work every day and are not involved in law-making and the settlement of legal conflicts.
The article argues for the need for legal scholars to perform this spiritual duty. It shows the connection of the attractiveness of jurisprudence with modern trends in culture and art, defines their content, differences and channels of communication with each other, on the basis of which assumptions are made about the fundamental compatibility of science and art, about the predominant need of science in art, but not vice versa, and also presents arguments for and against" the movement of law towards the beautiful. The central fragment of the article is the question of what ideals, tools and practice of art can influence the spiritualization of legal thought. The author classifies universal attitudes, private technologies, motives for striving for elegance and ways of hygiene of art into 3 categories – personal urges to creativity, the ultimate socio-cultural orientations of the servants of the muses and the mechanisms of man-made maintenance of spirituality by them, shows the ways of penetration of aesthetics into jurisprudence, and also gives the names and works of representatives of criminal law science analyzing cultural fundamentals of the industry and those engaged in its spiritualization.
Measures to increase the aesthetic appeal of legal science are presented to the readers and deductive knowledge is presented, the quintessence of which is the idea that a meaningful way beyond the platitudes and practicality is not contrary to the logic of legal science and its location in the social system of division of labor, assumes the individuality of a thinking scientist, strives for the ideal, is distinguished by elegance, is of particular value to cognitive activity for professionals and society.
The article makes an attempt to show the role of legal science in the life of Russian society using the example of criminal law science. For this purpose, the state in which criminal law science finds itself is considered. It has been established that legal science is represented by two unequal groups of people: some actually engage in scientific research, others imitate scientific activity. At the same time, publications that are imitative in nature are subject to fair criticism and are considered as a manifestation of a crisis in science. Despite the existence of negative factors, the scientific community directly or indirectly has a positive impact on the life of Russian society. In particular, criminal law science determines the ways of development of criminal legislation that performs protective and regulatory functions, thereby harmonizing conflict relations. The scientific community of law universities and faculties, being part of Russian society, not only produces and reproduces scientific knowledge, but also involves students, graduate students and doctoral students in its development in various forms. A significant role in the development and implementation of scientific knowledge into public practice is played by scientific and qualifying works in criminal law disciplines, including those not free from certain shortcomings. This study shows that the works of criminologists are also of interest among previously convicted persons and repeat offenders. In conclusion, it is concluded that the organization of legal science is far from perfect and requires significant reorganization in order to meet the expectations of society.
PROBLEMS OF THEORY AND HISTORY OF LAW AND THE STATE
The article reveals the problem of the formation of social policy in Russia in the 1990s, the features of the formation of the legislative framework.. In the 1990s, Russia faced a dual task – to formulate an economic policy based on market principles and, again based on the experience of Western countries, a new social policy. Western states are not unanimous on social issues, but social policies are formed and implemented by all. There are three basic models of it, in which the participation of the state in the implementation of social tasks is outlined in different ways. Russia faces the problem of adapting the state's social obligations to the consequences of market transformations. The Russian scenario turned out to be painful for the economy and social sphere. In Russia in the 1990s, social transformation laid some of the foundations for social policy. But it did not lead to the formation of social policy itself, which is incorrect to interpret as a certain sum of social measures, because any policy, including social policy, is usually understood as a mechanism developed by the state for regulating social relations, aimed at their harmonization. The authors made an attempt to establish socio-economic changes in society, highlighting individual periods that influenced the features of the formation of the legislative framework of the 1990s.
This article covers regulatory and theoretical approaches to the governance of experimental legal regimes concerning artificial intelligence within the Eurasian Economic Union (EAEU) and the European Union (EU). The author observes that the rapid advancement of artificial intelligence technologies poses novel challenges not only of practical concern but also of legal significance. The necessity of establishing a qualitatively new legal framework for testing groundbreaking technologies is emphasized. The author identifies opportunities for their successful implementation through the mechanism of experimental legal regimes. It is concluded that the EAEU should develop an integrated legal framework to facilitate the effective operation of «regulatory sandboxes» in the realm of artificial intelligence, thereby advancing its digital agenda. Furthermore, attention is drawn to the ongoing completion of the regulatory framework for experimental legal regimes concerning artificial intelligence within the EU, suggesting that such legal insights may prove beneficial in shaping the legislation of the EAEU. A comprehensive array of methods including comparative legal analysis, functional examination, and systemic scrutiny of normative legal acts have enabled the examination of legal regulations within the EAEU and the EU, leading to the formulation of proposals for their enhancement.
The article examines the Constitution and legislation on religion in the Republic of Cyprus, analyzes the origins and current state of the legal system for regulating state-confessional relations, the distinctive feature of which is the principle of omotaxy, which determines the mutual autonomy of the church and the state, as well as establishing the legal equality of religions traditional for a given state in Cypriot society, the vast majority of whose citizens profess Orthodoxy.
PROBLEMS OF CONSTITUTIONAL, ADMINISTRATIVE AND INTERNATIONAL LAW
The article analyzes the problem of preserving Russia's civilizational identity in the context of implementing the idea of a “civilization state.” The author proposes to consider the provisions on Russia as a state-civilization as one of the foundations of the constitutional system of the Russian Federation, even if it has not received its formal enshrinement at the level of the text of the Constitution. The article also analyzes the problem of designating Russia as a state-civilization in strategic planning documents. A similar block of problems is considered in relation to the issue of traditional values, the protection of which is one of the basic conditions for ensuring civilizational identity in complex modern geopolitical realities.
The harmonious development of local communities is an integral attribute of strengthening the rule of law in a State governed by the rule of law, builds a balance between public interests both nationwide and at the level of individual municipalities, taking into account the relevant territorial, social, ethno-confessional and cultural specifics. Local self-government bodies are the form of government closest to the population, where the nature of citizens' perception of state administrative influence as a whole depends on the quality of the built-up interaction with the population of municipalities. Therefore, it is extremely important to build an optimal model of the functioning of local self-government bodies in cooperation with state authorities at the federal and regional levels, as well as with the population, ensuring effective legal regulation of the relevant spheres of public relations. The article identifies general patterns of the specifics of the legal regulation of the activities of municipalities, and formulates proposals to improve the efficiency of work in this area of public relations.
The article identifies the specificity of traditional values contributing to the effectiveness of legal regulation of constitutions and charters of subjects of the Russian Federation. Analyzing these acts, the author not only denotes traditional values, but also notes their significance. That comprehensive analysis had led to the conclusion that the instruments studied did not sufficiently reflect traditional values, which were an integral part of modern society. The paper notes the need to develop an optimal model of the constitution (statute) of the subject of the Russian Federation, including legal norms governing traditional values. The creation of such a model makes it possible to identify traditional values in the constitutions and charters of the constituent entities of the Russian Federation, and in State legal practice to increase the effectiveness of legal regulation.
The article is devoted to the study of the relationship between the institution of party autonomy and the set of norms “lex mercatoria” in the regulation of cross-border contractual relations. The relevance of the research topic is based on the growing importance of the party autonomy in private international law, the expansion of its subject area, as well as the demand for lex mercatoria as a source of private international law, which regulates various groups of business relations, including in the field of cyberspace. The novelty of the study lies in identifying the connection between phenomena from different planes: party autonomy, which affects the conflict of laws aspect of private international law, and lex mercatoria, expressing the substantive component. The aim of the study is to show the mutual dependence of trends in the development of the party autonomy and lex mercatoria, as key categories of modern international contract law. The research methodology is aimed at understanding the essence of the legal categories under consideration (phenomenological methodology), analysis of legislation, judicial practice and doctrine (hermeneutic methodology) taking into account the experience of various legislators (comparative legal method). As a result, it was determined that the tendency to allow the parties to choose the law determines the active use of non-state regulation – a set of norms lex mercatoria, especially in areas in which there are no detailed norms of national legislation.
PROBLEMS OF CIVIL LAW
The relevance of the study of family entrepreneurship is connected with the Year of the Family announced in Russia. The article analyzes the problems of family business: from taxation and legitimate fixation in the legislation to support measures. The examples of the survey of respondents-participants of family business trace the practical significance of family entrepreneurship for society. The events held by the Chamber of Commerce and Industry for family businesses are analyzed, in which, as an assistant, information and registration and commercial Internet space and information resources, for example, «Family Companies of Russia» are highlighted. Based on the results of the study, the authors conclude that it is necessary to further improve the legislation in terms of regulation of family entrepreneurship issues.
This article presents an analysis of the currently existing methods of protecting subjective rights directly related to intellectual property objects. In particular, jurisdictional and non-jurisdictional forms of intellectual property protection are considered, the authors note the advantages of certain methods of protecting intellectual property rights, criticize the existing legal gaps in their regulation, analyze judicial practice.
Today, in the era of technology development, the remote sales method is becoming one of the most popular. However, the risk of violation of consumer rights increases, and therefore the legislator and law enforcement bodies are trying to protect them and bring the relationship between the seller and the buyer to a balance. The purpose of the article is to study the features of protecting consumer rights when concluding a sales contract remotely, as well as putting forward proposals for additionally ensuring the rights of the buyer as the weaker party.
PROBLEMS OF CRIMINAL AND PROCEDURAL LAW
Today, the international community faces terrorist threats of a level and magnitude unknown in the past. Continuing terrorist attacks are causing significant changes in global security. Terrorists are not afraid to commit the most cruel and most inhumane acts. Recent global events have clearly demonstrated the fact that no country can solve security problems alone, let alone resolve such issues in the long term. All this actualizes the need for international solidarity in the fight against terrorism, for which it is necessary to study the national legislation of individual states in order to develop universal measures of influence, as well as to improve domestic anti-terrorism legislation. The presented article analyzes the current anti-terrorism legislation of the Slovak Republic, the interest in which is due to the fact that this country has common criminal legal views, doctrines, and very similar criminal legislation with the Russian Federation, which over the past decade has been significantly transformed under the influence of recommendations of the European Union, and as well as the new challenges and threats it faced.
In this article, the authors raise the issue of the criminal law assessment of an attack on the life of a state or public figure. The design of the elements of the offence provided for in article 277 of the Criminal Code of the Russian Federation is being analyzed. In the course of the legal analysis of the legal assessment of the above-mentioned socially dangerous act, it is emphasized that the main problem in the classification of this crime is the lack of normative enshrinement of the definitions of the terms «statesman», and «public figure», which makes the range of potential losses on this criminal act vague, in connection with which, the author’s proposal to supplement the said article of the Code with a note of the relevant content has been put forward.
The article examines the content of law enforcement activities in the field of public legal regulation. The functional dependence of law enforcement activities on public interests is substantiated. The content of public interest is supplemented by the concept of “legally protected values”. A definition of the concept of “public offense” is given. The conclusion is argued that the subject of law enforcement activity is a public offense.
The article examines the conditions limiting the discretionary powers of courts in the civil process. The problem is established of the applicability by courts of prejudicial facts contained in judicial acts in a previously considered case in a new trial if they do not correspond to the internal convictions of the court. The relevance of the work lies in the special significance of the institution of prejudicial facts in the context of implementing legal certainty of the entire legal system of Russia. The purpose of the study is to analyze the current legislation of Russia in order to determine the essence of prejudicial facts as conditions limiting the activities of courts in the civil process in Russia. The subject of the study is the norms of procedural legislation regulating the application of prejudicial facts by courts, as well as the judicial practice of higher courts. By analyzing the norms of Russian legislation, it is concluded that prejudicial facts require a more detailed settlement, in particular, on issues related to the basis for releasing the court from the obligation to take into account the circumstances established in the course of a previously considered case.
The article examines the existing problems of the functioning of the institute of evidence in civil proceedings of the Russian Federation. It is difficult to overestimate the importance of the institution of evidence in civil proceedings. Proving in judicial practice is an indirect human cognition, the authors argue that the subject of this cognition does not just observe or empirically collect information, he analyzes existing facts and makes new conclusions. The authors investigated the theoretical foundations of the functioning of this institute, analyzed statistical data in this area. In the course of the analysis of scientific literature, the authors have formed a wide range of evidentiary tools in Russian civil proceedings. Due to the consideration of real judicial practices, the main gaps in the legal regulation of the mechanism for the use of evidence in civil cases were identified. In conclusion, the options for changing the articles of the CPC of the Russian Federation are proposed, which will improve the mechanism of judicial proceedings.
THE CREATORS OF RUSSIAN JURISPRUDENCE
This article deals the significant contribution of the famous Russian jurist and philosopher E.N. Trubetskoy to legal science. His theoretical views on the origin and understanding of law and state, his attitude to a number of concepts of positivist and natural science legal theories are analyzed, the relevance of certain conclusions and recommendations of this genuine encyclopedist of jurisprudence is substantiated.
SCIENTIFIC LIFE
EQUIREMENTS FOR THE PREPARATION OF ARTICLES
ISSN 2687-0304 (Online)