No 1 (2021)
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ТЕМА НОМЕРА: КОНСТИТУЦИОНАЛИЗМ И СОЦИАЛЬНАЯ КОНСОЛИДАЦИЯ
7-14 96
Abstract
Aim. To identify the relationship between the transformation of the Russian constitutional system of values and the need for social consolidation of Russia. Methodology. Based on the analysis of the norms of the Russian Constitution, the return to the Russian constitutional space of the cultural-historical or civilizational system of coordinates is seen as a way to social consolidation of the Russian society. In the course of the study, methods of analysis and synthesis are used, as well as the method of legal comparative study, formal-logical and legal-dogmatic methods. Results. The study concludes that the ultimate goal of transforming the constitutional value system is to shape the transition to a moral state. According to the author of the article, the constitutional transformation was carried out in 2020 in three directions: the real content of the social character of the state is enshrined, Euro-Atlantic cloning of the constitution has been replaced by the Russian cultural and historical code, in accordance with the archetypes of the national legal consciousness, the institution of the President has been strengthened. Research implications. The definition of a moral state is given. The results of the study can be used in further constitutional reform of Russia, in the educational process, as well as in the educational literature on the theory of the state and law, constitutional law.
15-24 73
Abstract
Aim. Analyze the ongoing changes in the process of establishing relations between the European Union and Japan for a better implementation of the Economic Partnership Agreement. Methodology. An analysis of the current legislation of the European Union and Japan was carried out, as well as a retrospective review. Results. The article identifies the main problems of legal regulation of the process of establishing economic partnership between the European Union and Japan and ways to improve and optimize them. Research implications. This work contains an in-depth analysis of a significant number of regulations of the European Union and Japan that determine their economic relations at the international level. The main ways of eliminating contradictions between the existing normative acts were highlighted.
25-37 110
Abstract
Aim. To examine social perceptions in the world about the threats from digital development to the observance of human rights. Methodology. The key research method was discourse analysis, used for reconstruction of the legal consciousness of the conservative part of the public spectrum. Results. The presence of a wide discourse circle of negative reactions to digital innovations as a threat to the realization of human rights was diagnosed. The main problematic positions in the package of human rights are identified, which are associated with threats of violations. The differences in reactions to digital innovations are shown in relation to the ideological attitudes of the legal consciousness of groups of citizens. Research implications. The problem field associated with digital transformations in the field of law is outlined. Niches have been identified that involve the adoption of additional protective measures regarding human rights in the context of digital transition, and problematic areas of legal awareness of citizens, which determines the corresponding agenda of state educational activities in the field of law.
THEORY AND HISTORY OF LAW AND STATE; HISTORY OF TEACHINGS ON LAW AND STATE
38-48 154
Abstract
Aim. To examine the interaction and mutual influence of the Constitution of the Holy Roman Empire and the religious factor during the Thirty Years War. Methodology. Based on the study of the Constitution of the Empire, an attempt was made to determine the causes and essence of the Thirty Years War. Results. Based on the results of the study, it is concluded that religion in the Thirty Years War didn’t play an important role in justifying military actions. It was the content of the imperial constitution which was the center of the struggle, religious rights being an integral part of it. These rights were subsequently guaranteed by the Peace of Westphalia. Research implications. Based on the facts already available, the author managed to take a fresh look at the causes and essence of the Thirty Years War, which was based on a constitutional conflict.
CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW
49-55 102
Abstract
Aim. To investigate the theory and practice of permissible electoral rights. Analyze the scientific debate about the correlation between the categories «restriction» and «deprivation» of human rights. To consider the permissible limits of restricting the electoral rights of citizens. Metodology. The methods of comparative studies, system analysis, generalization and modeling were used. Results. A critical attitude was expressed towards the powers of the federal legislator regarding the possibility of establishing restrictions on electoral rights. It is concluded that the powers of the legislator should be limited by the direct action of the Constitution of the Russian Federation. Research implications. The results can be used for research purposes, as well as by legislators and law enforcement bodies.
56-62 103
Abstract
Aim. To formulate the main theoretical provisions on the constitutional quorum. Methodology. The research was carried out using the methods of formal logic (analysis, systematization, classification), using the formal legal method and the method of system analysis of legal phenomena. Results. The research result includes the author’s concept of the constitutional quorum, the essence, purpose, and structure of the constitutional quorum. Based on the study of the Constitutions of European States and the Constitution of the Russian Federation, the classification of constitutional quorums and their structure are proposed. Research implications. New knowledge about constitutional quorums will enrich the scientific understanding of popular representation, parliamentarism, and constitutional democracy.
CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW
63-71 82
Abstract
Aim. To develop proposals and recommendations aimed at the development of measures for road traffic crimes prevention. Methodology. The analysis of the current Russian and foreign legislation in the field of road safety, strategic planning documents, scientific papers on the research topic is carried out. During the research, general scientific methods and logical-legal method were applied. Results. The analysis revealed the shortcomings of the model for the prevention of road traffic crimes, threats to road safety. Research implications. The results of the study make a theoretical and practical contribution to the development of a system of measures for preventing the road traffic crimes.
CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW
72-81 124
Abstract
Aim. To identify the most applicable methods of civil protection in case of unauthorized access to radio- and television programs. Methodology. Methods of analysis and generalization were used in the research, as well as formal-legal and comparative methods, and method of formal and dialectical logic. Results. The analysis enabled to establish that not all actions of a user may fall under the violation of the exclusive right of the broadcasting organization, but unauthorized access to broadcasts may be a circumvention of technological measures prohibited by law. Research implications. The research results can be taken into account in the law enforcement in connection with the protection of the exclusive rights of broadcasting organizations.
82-89 96
Abstract
Aim. To study foreign experience in the creation and functioning of territories with a special regime for carrying out entrepreneurial activities within the framework of its application in Russia. Methodology. During the study, general scientific methods were used - analysis, synthesis, deduction and induction, as well as formal legal. Results. The study examines the mechanisms for granting residents tax benefits, exemption from some customs procedures, etc. It was concluded that the development of the institution of territories with a special regime for entrepreneurial activity, including through the improvement of regulatory regulation, is one of the progressive mechanisms for the socio-economic development of modern Russia. Research implications. As a result of the study, approaches were developed to understanding the legal nature of the activities of certain types of territories with a special regime for carrying out entrepreneurial activities.
ROSTRUM FOR YOUNG SCIENTISTS
90-96 85
Abstract
Aim. To study certain general patterns and identify the problems of the constitutional system for protecting the right of a person on getting access to information by the legislative bodies of the constituent entities of the Russian Federation. Methodology. The main content of the study is the analysis of legal and organizational problems, where the protection of the constitutional human right to access to information is considered in the process of functioning and interacting between the regional representative bodies and a person. Results. Based on the results of the study, the author concluded that there is no holistic approach to the implementation of protection of the constitutional human right to access to information by the legislative bodies of the constituent entities of the Russian Federation, which negatively affects the implementation of the right in question in the regions. Research implications. The author proposed to develop unified regional parliamentary human rights mechanisms for protecting the constitutional human right to access to information.
ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)
ISSN 2949-513X (Online)