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Moscow Juridical Journal

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No 2 (2020)
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ТЕМА НОМЕРА: КОНСТИТУЦИЯ РОССИЙСКОЙ ФЕДЕРАЦИИ В ВЕКТОРЕ НОВЫХ ИЗМЕНЕНИЙ - ВАЖНЫЙ ИМПУЛЬС РАЗВИТИЯ СТРАНЫ И ГАРАНТИЙ ПРАВ ЕЁ ГРАЖДАН

10-17 124
Abstract
The purpose of this work is to identify new aspects of the problem of identifying the most important property of the Constitution of Russia - supremacy in the context of its differences from the highest legal force. Methodology and Approach. The article considers the need for amendments to the Constitution and assesses its stability as a self-sufficient regulator. The supremacy of the Constitution is viewed as a property that increases the responsibility of law enforcement bodies for the substance of regulated relations and their quality. The difficulties of its identification during the crisis of socio-economic state of the public organism are revealed. During the study, the comparative legal method, formal logical, dialectical methods were used. Results. In the course of the study, the characteristics of the supremacy of the Constitution were identified, which made it possible to clarify its concept, providing additional opportunities to increase the legal level of the Basic Law and improve the quality of its balance of the basic principles of society. Theoretical and Practical implications. The results of the study contribute to the theory of constitutional law, creating the prerequisites for a further in-depth conceptual study of the process of improving the regulatory properties of the country's Basic Law and strengthening its authority.
18-30 112
Abstract
The purpose of this article is to consider the constitutional and legal basis for criminalizing violations of migration law and practical problems of implementing criminal liability for such violations, and to formulate proposals for improving the criminal law and its enforcement. Methodology and Approach. The authors analysed existing normative sources, available scientific literature, as well as judicial practice in the field of combating illegal migration. The methodological basis of the study includes a set of methods of scientific knowledge, including abstract-logical, correlation analysis and modeling. Results. The study highlighted the problems of criminal law against violations of migration legislation caused by deviations from the requirements of the Constitution of the Russian Federation to criminalization of acts. The authors formulated and substantiated conclusions and made proposals to improve criminal legislation on liability for violations of migration legislation and its enforcement. Theoretical and Practical implications. The theoretical and practical significance of the study is in development of doctrinal ideas on the enforcement of the provisions of the Constitution of the Russian Federation in the process of forming criminal legal prohibitions among other legal means combating illegal migration.
31-38 133
Abstract
The purpose of this article is to analyze the correlation between the Constitution of the Russian Federation and generally recognized principles and norms of international law in modern reality. The Constitution of the Russian Federation has taken a step towards the «disclosure» of the Russian legal system. Methodology and Approach. The main content of the study is the analysis of national and international legislation. Results. It has been concluded that if the decisions of intergovernmental bodies adopted under the provisions of international treaties of the Russian Federation are interpreted contrary to the Constitution of the Russian Federation, they are not subject to execution in the Russian Federation. Theoretical and Practical implications. The results of this study can be used in lawmaking in the adoption of laws and their enforcement, as well as in further research.
39-50 159
Abstract
The purpose of this study is to identify problems and search for optimal approaches to delimiting the competences of state power and local self-government in the context of their unity. Methodology and Approach. The article analyzes delimitation of the subjects of competence and authorities in the Russian Federation fixed in the Constitution. The basic elements of the separation of powers between regional and local authorities are considered. The dialectical approach is applied, as well as a complex of general scientific and special methods, such as system-structural, formal-legal, comparative legal, axiological and others. Results. The study revealed the shortcomings of the constitutional model of organizing public authorities and delimitation of their competences, as well as partial elimination of the problems in 2020 constitutional reform. A balanced approach to legislative differentiation of powers between state and local authorities is considered, combining the definition of their own competence with the mechanisms of delegation and redistribution of powers. It is proved that the principle of unity of public authority ensures the effective interaction of its subsystems in the interests of the population, but does not lead to the loss of structural autonomy of local governments. Theoretical and Practical implications. The author proposes the development of a flexible legislative distribution of competences between public authorities on the basis of the principles of the unity of public authority, subsidiarity in the distribution of powers, priority of rights and interests of citizens in the interaction of public authorities.

THEORY AND HISTORY OF LAW AND STATE; HISTORY OF TEACHINGS ON LAW AND STATE

51-60 163
Abstract
The purpose of this work is to identify signs of healthy legal consciousness of juvenile offenders isolated from society. Methodology and Approach. The article considers signs of physical and social health in adolescents, which have a significant influence on the formation of legal consciousness of minors isolated from society. Methods of generalization, interpretation of results, discursive analysis, formal-legal and comparative-legal methods have been applied during the study. Results. During the work, signs of healthy legal consciousness of juvenile offenders isolated from society were identified, subjective and objective factors affecting distortion (non-formation) of properties and formation of defects (deformations) of their legal consciousness were identified. Theoretical and Practical implications. The results of the study contribute to the legal science in the development of the theory of legal awareness and to the sphere of improvement of legal work with juvenile offenders in conditions of isolation from society.

CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW

61-68 160
Abstract
The article examines one of the directions of the social policy of the Russian state summoned to provide social protection for motherhood and childhood. The author discusses the problems of implementing the state family policy, guarantees for the protection of the family, motherhood and childhood; reveals the shortcomings of the constitutional regulation of the institution of family and childhood. Methodology and Approach. The author analyzes certain legislative changes and additions related to the regulation of various aspects of state support for motherhood and childhood. During the study, methods of analysis, synthesis, analogy, etc. were applied. Results. Based on law enforcement practice, the author comes to the conclusion that it is necessary to further adjust the legislation in terms of eliminating the uncertainties of legal regulation of the procedure for assigning and paying certain types of benefits to citizens with children. Theoretical and Practical implications. The author substantiates the conditions of legal protection of rights and legitimate interests in the field of motherhood and childhood, identifies problems in the field of protection of the rights of minor children, and formulates key tasks of support for children.

CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW

69-76 96
Abstract
The purpose of this paper is to highlight the problem of inconsistency and contradiction in legislative practice in the field of protection of minors' sexual inviolability. Methodology and Approach. The paper discusses the responsibility for sexual assaults of minors. The methodological base of the study includes methods of criminal law analysis, comparison, generalization, interpretation of the results. Results. The study revealed shortcomings in the legislative regulation of the sphere of criminal legal protection of minors' sexual inviolability. Some measures were proposed to improve the provisions of Articles 131, 132, 134 and 135 of the Criminal Code of the Russian Federation. Theoretical and Practical implications. The results of the study contribute to the theory of criminal law and law enforcement practice.

CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW

77-80 63
Abstract
The purpose of this article is to analyze how French law in the field of international arbitration addresses the issue of the enforcement in France of an international arbitration award set aside by a state court at the seat of arbitration. Methodology and Approach. The main content of the study is the analysis of national and international legislation. Results. According to the French conception of international arbitration, the international award which is not attached to any state legal order is a decision of international justice. As a result of the study, the author draws attention to the fact that setting aside the arbitral award by a state court at the seat of arbitration is not an obstacle to its recognition and enforcement in France. This approach could have unexpected consequences for the Yukos case. Theoretical and Practical implications. The presented concept defines the recognition and enforcement in France of international arbitral awards.
81-95 106
Abstract
This article studies the existing legal means of protecting relations in the in real estate and vehicle purchase deals and reveals some legal problems of law enforcement procedures. Methodology and Approach. The regulatory legal acts in various areas of legal regulation as well as judicial practice and research into the issue under consideration have been analysed. The methodological basis of the study includes aggregate methods of scientific cognition. Results. It is argued that aggregate legal means of protecting the relationships the in real estate and vehicle purchase deals regulated by civil, administrative and criminal legislation are effective. Civil legal means guarantee rights and protect legitimate interests of citizens sufficiently enough in the absence of criminalization of relationships. The necessity of establishing a written notarial form for transactions on the vehicle disposal is indicated. Theoretical and Practical implications. Proposals have been formulated to improve civil and administrative legislation on registration of vehicles.
96-106 366
Abstract
The purpose of the article is to determine the legal nature of artificial intelligence and develop a unified approach to establishing the possible legal personality, as well as the legal responsibility of artificial intelligence. Methodology and Approach. The authors analyzed the existing scientific literature and the legal framework in the field of legal regulation of artificial intelligence. The methodological basis of the research is a set of methods of scientific knowledge, including abstract-logical, correlation analysis and comparison. Results. The analysis has shown that currently there is no definition of the concept of «artificial intelligence», there is a problem of recognizing it as a subject of law. The authors argue that only by solving the above issues it is possible to form a model of legal regulation, including a number of legal relations involving artificial intelligence and assigning it legal responsibility. It is considered optimal to grant artificial intelligence limited legal personality (through the use of legal fiction), the obligation to bear responsibility for harm and negative consequences. Theoretical and Practical implications. The theoretical and practical significance of the research lies due to the current lack of the possibility of applying legal norms and rules that take into account their essence to relations involving artificial intelligence. The main provisions and conclusions of the study can be used to improve the mechanisms of legal regulation of artificial intelligence.

ROSTRUM FOR YOUNG SCIENTISTS

107-111 106
Abstract
The purpose of the study was to identify the peculiarities and problems of ethical behavior of senators under the conditions of modern digital society and to develop recommendations to prevent violation of generally accepted ethical standards for high-rank authorities' behavior. Methodology and Approach. The author used methods of analysis, synthesis and systemic approach. Results. The novelty of the research lies in development of concrete proposals for legal regulation of the behavior of the members of the Federation Council of the Federal Assembly of the Russian Federation. Theoretical and Practical implications. The developed recommendations can be used in making normative acts regulating professional activities of senior public officials.

SCIENTIFIC LIFE



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ISSN 2949-5091 (Print)
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