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Moscow Juridical Journal

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No 2 (2021)
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CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW

39-50 101
Abstract
Aim. To consider the problem of the ideological crisis in the life of young people in France caused by the difficulties of the pandemic, in particular, the limitation of the rights of young people, the transformation and degradation of moral and legal values, the crisis of health care and family foundations. Methodology. During the research, a system of philosophical and worldview, general scientific and special scientific methods of cognition was used, providing an objective analysis of the subject under study. Results. The current state of affairs in France can be called a major social crisis that weakens the future of young people. As the result of the research the need to reduce social tension is noted, respectively, the state should provide measures to mitigate the consequences of the pandemic, taking into account the specific living conditions of young people, and to protect their rights, including through the provision of decent work and social protection. Governments should pay more attention to child protection needs and youth rights when developing and implementing their pandemic response and recovery plans. Research implications. One of the social categories, namely young people, was dealt a serious blow by the pandemic, the adaptation of young people to restrictions on rights during a pandemic causes many problems, an attempt was made in the article to highlight the system-forming factor in the regulation of social relations, which would allow to harmonize legal opportunities and legal restrictions and prevent the transformation of values.
51-65 90
Abstract
Aim. To identify the dependence of governments on parliamentary parties in the CIS countries. Methodology. The article deals with specific examples of the dependence of governments on parliamentary parties in the CIS countries. The research uses general scientific methods of cognition (dialectical, analysis and synthesis, and others), as well as sociological, historical, comparative legal, formal legal, and others. Results. In the course of work, the author comes to the conclusion that there is a general tendency to increase the influence of political parties on governments. The author identifies and systematizes the legislative provisions that can be used to determine the degree of influence of parliamentary parties on the government in the CIS member states. Research implications. The results of the study make a certain contribution to the theory of constitutional law. The proposed conclusions can be used to improve the Russian legislation.
66-75 148
Abstract
Aim. To determine the relationship of the right to physical existence with other personal non-property rights from the point of view of constitutional law; To disclose the features of the legal regulation of the right to physical existence and to describe the existing orientations of the right to physical existence; to indicate the significance of the right to physical existence in the era of intensive development of digitalization and artificial intelligence. Methodology. The methodological basis of the study is based on modern methods of cognition. The work uses historical and comparative legal and formal legal methods of research. The analysis of normative material and legal practice is done. The separation from the right to life and the right to inviolability of the right to physical existence is predicted. The problem of security and interpretation of the right to physical existence in the conditions of digitalization is touched upon. Results. It is concluded that the right to physical existence, on the one hand, is an integral part of some subjective rights, and on the other, has its own content. It is determined that the right to physical existence is not a non-property good but the ability of a person to ensure the natural, healthy state of his body, allowing him to live, perform acts on ensuring his condition to be in harmony with nature and the conditions of modern reality. Research implications. The author introduces a new legal construct «the right to physical existence». It is justified that in a digital society, the anthropology of law should be the central element, respectively, the legal regulation and development of law, transformed into a digital semiotic and additional reality, should preserve the regulatory and value potential of the physical component of a person, despite the active use of techniques and technologies. The proposals and conclusions presented in the article can be used in improving the skills of practicing lawyers, as well as in the educational process on the theory of state and law, constitutional law, as well as in special courses on human rights.
76-83 93
Abstract
Aim. To investigate the theory and practice of social rights (the right to work and the right to education) in the context of digitalisation, namely through algorithmic data processing. To identify possible «sources» of discrimination when algorithms are used. Metodology. The methods of comparative studies, system analysis and modeling were used. Results. Suggestions are made on taking into account the risks of discrimination in algorithmic data processing; the proposal to construe a legal regulation of legal justification of the decision and to give the opportunity to discuss it is expressed. Research implications. The results can be used for research purposes, as well as by legislators and law enforcement bodies.

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

7-17 193
Abstract
Aim. To substantiate and strengthen the concept of «abuse of law» as a phenomenon that needs close study and has not only a negative meaning, but has a potential to be an effective structure for improving the legal space of the country. Methodology. The article analyzes the views on the «abuse of law» as a complex and ambiguous phenomenon that can reflect the current problems of the formation of the legal space in Russia. The features of its identification with the prevailing positivist legal understanding are noted and suggestions are made about ways to reduce the possibilities of manipulating the law. The necessity of correcting scientific views (legal understanding) on the regulatory properties of the legal form of law is considered. An assessment of the possibilities of the law as a self-sufficient regulator in the conditions of a rapidly growing variety of manifestations of life in society is given. During the research, a comparative legal method, formal logical, and dialectical one were used. Results. In the course of work, new substantive elements (characteristics) of the category of «abuse of law» were identified, which made it possible to clarify its concept. Additional opportunities for increasing the level of legal security for the development of society are indicated while creating conditions for the widespread use of legal regulators of behavior other than the law. The positive aspects of using the competitive principles of interaction between law and law to improve the quality of legal regulation of social relations in the process of objectively accelerating their transformation are revealed. Research implications. The results of the study contribute to the theory of law, since for the first time they convincingly prove that this phenomenon can be temporary in nature and theoretically reflects a transitional period in the development of Russian legal thinking in the direction of a qualitative improvement of the instrumental properties of the legal regulator. The practical significance of the study lies in the prospect of a successful solution to the problem of «abuse of law» by gradually abandoning this construction in law-making and law enforcement processes through the expansion of the use of the qualities and properties of the potential of law, capable of fundamentally not allowing (preventing) unfair manipulating them.
18-27 89
Abstract
Aim. Involving domestic and foreign investigations the aim is to analyze the transformation of communal taxation in Germany under the circumstances of crucial changes in the economic life and social-political structure of the society taking place over the 19th century. Methodology. The comparative method in its synchronic and diachronic variations, historical methodology and sociologic approach are implemented. Results. Main factors of tax transformations in the 19th century are studied: military-political events (wars of Napoleon), economic raise of the end of the century which led to the deep demographic changes, cities enlargement, sophistication of administrative tasks in communities and increase of their financial needs. Main attention is paid to the Prussian state due to its leading role in economics and state development. The tendencies and common peculiarities are discovered in the development of communal finances and formation of new types of taxation and payments aimed at elimination of finance deficit with simultaneous reduction of taxation burden. Research implications. Large experience is summarized in organization of local finances in German territories that had practical significance in forming the finance system of German Empire in the first decades of the 20th century. The results of the study fit into the classical course of the history of foreign law and may be of interest to specialists in German and European history and law, for students, graduate students, and teachers.
28-38 186
Abstract
Aim. To identify a number of relevant aspects of public-legal content of the principle of liability to future generations. Methodology. During the study, a comparative-legal method, formal-logical and dialectical methods were used. Results. The study highlights the features of responsibility to future generations, identifies the place of responsibility to future generations in the system of imperative liability. It was concluded that the basis of the public-legal content of the principle of liability to future generations should be the consolidating ideas on the interaction of international legal and constitutional regulation, about the dichotomy of inviolability and security of current and future generations, about the solidarity and subsidiary nature of responsibility, on the unity of rights, duties and interests of future generations, on the axiological predestination of the content of the principle under consideration, the importance of its legal dimension through constitutional taxonomy methodologies and intersectoral analysis of judicial and other law enforcement practices. Research implications. subject of law, liability, shared liability, subsidiary liaibility, duties, rights and interests, future generations, present generations, humanity, legal axiology, constitutional taxonomy.

CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW

84-93 144
Abstract
Aim. To develop criminal legal means of preventing and penalizing activities aimed at the creation, distribution and use of autonomous armed robots, since their use poses an increased danger to public relations that ensure the peace and security of mankind. Methodology. Various aspects of illegal trafficking of autonomous armed robots were considered. The methodological basis of the study was made up of nationwide and private scientific methods of scientific knowledge materials. Results. In order to maintain the peace and security of mankind, preserve the peaceful coexistence of states, with the advent of technological singularity and the appearance of fully autonomous armed robots, the legislator needs to supplement the Criminal Code of the Russian Federation with a separate norm on responsibility for the creation, distribution and use of such robots. Research implications. Currently, there are no legal norms and rules for the accounting and use of autonomous armed robots. The proposals and conclusions of this study can be used for creating and improving the mechanisms of criminal law regulation of robotics.
94-103 158
Abstract
Aim. This study assumes scientific substantiation of the need to differentiate the criminal liability of juvenile criminals and other measures of criminal law enforcement applied to persons who have committed an act prohibited by the criminal law as a minor. Methodology. In the process of research, various methods of scientific knowledge used in humanitarian (legal) studies were comprehensively applied: dialectical, comparative analysis, formal-logical. Results. According to the results of the study, it was found that the coercive measures of educational influence provided by the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code, CC) and applied to minors who have committed a prohibited socially dangerous act, in fact, are not a form of implementation of criminal liability. Their purpose is to ensure the correct perception by minors of general social values that are protected by criminal law, as well as an understanding of the inadmissibility of violating these social relations in future. Research implications. For the modern science of criminal law, the significance of the formulated conclusions lies in the formation of a basis for distinguishing between various forms of implementation of criminal law impact on 2 groups: criminal liability and other measures of a criminal law nature. The practical significance of the presented work can be expressed in the adjustment of approaches to the use of compulsory measures of educational influence, since their functional essence is reduced to the upbringing of a minor and the completion of the process of forming his personality, and not to retribution (punishment) for the committed socially dangerous act.
104-115 141
Abstract
Aim. For the first time in the criminological and criminal law literature, the content and role of ornithological flight safety in the accident-free functioning of air transport, including unmanned vehicles, is revealed. Methodology. Engineering-technical and legal-dogmatic methods were used. Results. The characteristics of bird collisions with aircraft and the damage caused by such incidents are given. The article provides a criminal-legal assessment of the violations under consideration committed by: a) transport workers who, by virtue of their work or position, are entrusted with the duties of ensuring ornithological safety; b) persons who are not specified transport workers; c) persons piloting light (ultralight) aircraft. Research implications. Recommendations on subrogation of the criminal law norm formulated in Article 268 of the Criminal Code of the Russian Federation are developed.

SCIENTIFIC LIFE



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ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)