No 3 (2020)
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ТЕМА НОМЕРА: ПРАВА ЧЕЛОВЕКА И ИХ РЕАЛИЗАЦИЯ В УСЛОВИЯХ ПАНДЕМИИ COVID-19
7-33 441
Abstract
Aim. The large-scale constitutional reform of 2020 influenced many aspects of state construction, economic and social life, and political existence in Russia but to a greater extent it affected the federal parliament - the Federal Assembly of the Russian Federation. This article considers the main aspects of the new constitutional level of Russian parliamentarism. Methodology. A comparative analysis of standard acts, the provisions of the Constitution of the Russian Federation and academic literature on Russian parliamentarism was carried out. Results. A certain progress was detected in strengthening the constitutional level of regulation of the participation of the Federation Council, the State Duma in state construction, in relations with the President of the Russian Federation and the federal executive branch, in the organization of the activities of the Chambers. Research implications. This study is aimed at resolving controversial and insufficiently regulated issues of building a new constitutional level of Russian parliamentarism.
34-39 132
Abstract
Aim. Search for scientific approaches to building an optimal model of human-state interaction. Methodology. The research methodology is based on post-classical jurisprudence: anthropocentrism and constructivism. The state is considered as a certain social construct, constantly reproduced by the actions of people in accordance with their existing mental attitudes and ideas. The general scientific dialectical method of cognition was also used. Results. A judgment was made on the need to build a harmonious model of the relationship between public power and man based on an understanding of the role of each subject in the everyday design of the state and its institutions. Such a model is characterized by the existence of effective mechanisms for the active realization of individual rights and freedoms. Research implications. Basic approaches to understanding the anthropology of the state have been developed in the context of identifying the key role of the subject in the reproduction of state institutions as a certain social construct.
40-50 113
Abstract
Aim. The purpose of this article is a legal analysis of situations of eliminating the imminent danger caused by the coronavirus pandemic. Methodology. The article raises the problem of the criminal legal assessment of actions to cause harm while eliminating the directly threatening danger of the mass spread of the disease. It is substantiated that the existing COVID-19 pandemic is an imminent danger that may be the basis for emergencies. A classification of typical situations of emergency during the pandemic is given. The main focus of the article is on the problem of the «conflict of lives» in the activities of doctors. The intensity of the spread of the disease and the limited medical resources make situations quite common in which doctors have to make a choice between the life and death of individual patients. In the research process, formal-logical and a number of empirical methods were used: comparative legal, document-analytical (content analysis) and specific sociological. Results. The analysis showed a lack of consensus among legal scholars and practical recommendations on the actions of doctors during a pandemic. Based on the results, the author made a number of conclusions, including the need for further research on urgent problems in the medical field. Research implications. The results of the study can be used in further research into the problem, as well as in developing practical recommendations on the actions of medical workers in emergency situations.
THEORY AND HISTORY OF LAW AND STATE; HISTORY OF TEACHINGS ON LAW AND STATE
51-59 163
Abstract
Aim. Analysis of the system of principles of youth policy, identification of universal and special principles of youth policy based on the value and constitutional priorities of the Russian Federation. Methodology. The research methodology includes general logical methods (analysis, synthesis, generalization), as well as special scientific methods (formal-legal and comparative-legal) in their various combinations. Results. Emphasizing the fundamental importance of the principles of state youth policy, the authors note their peculiarity realized in continuity, emphasis on children and youth as special objects of security and protection. The authors argue that special principles of youth policy should be worked out to contribute to the preservation of unique elements characterizing the identity of Russian culture and worldview. Particular attention is paid to the importance of dialectical unity of the principles of state youth policy with the principles lying at the basis of the Russian model of the social state. Research implications. The results of this study can be used by the legislator in the development of new regulatory acts that ensure regulation in the field of youth policy implementation.
CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW
60-73 141
Abstract
Aim. The article aims at identifying the paradigm of development of the legal regulation of the control powers of the Russian parliament. Methodology. This article analyzes the legal regulation and experience in the implementation of parliamentary control powers of the Federal Assembly of the Russian Federation, parliaments of other countries of the world. The methodology of the article includes: description, generalization, classification, analysis, synthesis, induction, deduction, normative (formal-logical), historical-legal, comparative-legal. Results. Further targeted adjustment of legislation on parliamentary control (including constitutional matter) is needed. As legislative proposals, the author deduces 3 main legal constructions aimed at strengthening parliamentary control powers: annual reports of the Supreme Court of the Russian Federation in the State Duma on judicial practice and proposals for improving legislation, liberalizing the institution of parliamentary investigations - introducing a separate parliamentary investigation of each of the chambers of the Federal Assembly of the Russian Federation further improving the institution of a vote of no confidence in the government. Research implications. The results of the study can be used both for educational purposes and further improvement of the regulatory regulation of the control powers of the Russian parliament.
74-82 121
Abstract
Aim. The article aims at defining the content of modern standards for ensuring personal rights and freedoms of citizens contained in international and national legislation. Methodology. A comparative analysis was conducted of the provisions of standard acts of international and national laws defining a minimum range of human rights and freedoms guaranteed by any modern civilized state. Empirical methods of comparison, description, interpretation; historical, legal and comparative legal methods were used. Results. The study argued that at present Russia has taken on greater obligations in comparison with international legal standards in the field of human and civil rights and freedoms, since the Constitution of the Russian Federation provides them. The decisions of ECHR are not absolute, and therefore may not be enforced if this poses a threat to the violation of state sovereignty. Research implications. A significant amount of normative requirements of international and national law in the field of determining standards of human and civil rights and freedoms, as well as their provision and judicial protection at the international and state levels, has been summarized.
83-92 92
Abstract
Aim. Analysis of trends in the reform of local self-government systems occurring in different countries of the world and their impact on the municipal system. Methodology. The study was conducted of reforms of municipal systems carried out in the countries of the European Union, Norway, the regions of Great Britain and some constituent entities of the Russian Federation. Empirical methods of comparison, analysis, interpretation were used. Results. Global trends in reform of local self-government systems were revealed. Research implications. The experience of reforms of local self-government in a number of European countries and constituent entities of the Russian Federation is summarized. The reform of the Moscow Region 2014-2019 stands out for structural and financial efficiency.
CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW
93-104 113
Abstract
Aim. Criminological analysis of criminality of the first pandemic months of 2020 in European countries. Methodology. The method of comparative analysis of statistic data of official sources of the Russian Federation and Bulgaria for January-April 2020 was used. Results. A significant change in the structure of crime as a whole was revealed - a decrease in some indicators and an increase in others. The first month of the pandemic witnessed a significant decrease in a number of «street» types of crimes and, above all, an increase in the rates of cybercrime. Since the second month of quarantine, the number of crimes has grown significantly: IT frauds, domestic violence and theft. Research implications. The study revealed the impact of the social environment changed as a result of emergency on crime, the need to study the limit of the use of law enforcement agencies to ensure public order (in pandemic or other «risky» or emergency situations), the conditions for achieving balance and maintaining the confidence of citizens in curbing the growth of crime. The analysis of crime statistics and changes in the socio-economic sphere of Russia and Bulgaria for January-April 2020 can be used in crime forecasting in the near future.
105-111 91
Abstract
Aim. The article aims at defining the main directions of improving the Russian and Belarusian criminal legislation to improve the process of re-socialization of the perpetrators of crime, as well as their unification. Methodology. As part of the work on the article, the authors analyzed the opinions of specialists and other persons on issues of re-socialization, as well as criminal and other legislation of the Republic of Belarus and the Russian Federation. Results. The solution to the problem is seen through amendments to the criminal legislation (Criminal Codes) of the state parties or through the adoption of additional normative acts defining the process of re-socialization of criminals. Research implications. The results of the study can be used in the process of improving criminal and other legislation of the Republic of Belarus and the Russian Federation.
CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW
112-122 248
Abstract
Aim. The article is concerned with identification of legal nature and practice of applying a framework contract in entrepreneurial activity in the Russian Federation at the present stage. Methodology. The research methodology includes empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; historical, legal and comparative methods for identifying the legal nature and practice of framework contract application in entrepreneurial activity. Results. Some problems of legal regulation of a framework contract in entrepreneurial activity have been detected. It has been proved that the use of organizational contractual structures, including a framework contract, in entrepreneurial activities allows to optimize and simplify the establishment of entrepreneurial legal relations between business community entities, reduce the costs of determining entrepreneurial contractual obligations, and ensure the fulfillment of obligations assumed by the parties. It is determined that the application of various conditions of framework agreements does not provide impeccable legal and technical mechanisms and technologies, and the judicial practice of applying new norms of Russian civil law has not accumulated sufficient experience in resolving disputes arising from conclusion and execution of framework agreements. Research implications. Research findings and individual proposals may form the basis of further research on institutional treaties in general, and a framework treaty in particular.
123-133 115
Abstract
Aim. Study of the European experience in the legal regulation of relationships on the creation of genetic information banks and their use in research. Methodology. The research methodology of the study includes empirical methods of comparison, description, interpretation; formal and dialectical logic; special scientific methods - formal legal, comparative law, legal forecasting. Results. The study revealed that scientific genetic research requires broad agreement of the subjects involved in the research. Broad agreement means that the research participant expressly agrees that their data and / or samples will be used for a certain range of future research projects subject to external and ongoing supervision. However, broad agreement should define categories of data processing methods, guarantees to mitigate the risks associated with these methods, and categories of potential data recipients. The object of patent protection may be the results of genetic engineering manipulations that differ significantly from the natural ones, if other patentability requirements are met, as well as if their patenting is not contrary to public order and morality. Research implications. The article contains proposals for the development of legal regulation of the creation and use of genetic information banks in Russia.
ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)
ISSN 2949-513X (Online)