No 4 (2021)
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ТЕМА НОМЕРА: СОЦИАЛЬНОЕ ГОСУДАРСТВО И ФАКТОРЫ, ВЛИЯЮЩИЕ НА СТАБИЛЬНОСТЬ ПРАВА
7-13 95
Abstract
Aim. To consider the factors influencing the instability of law, and the relationship between them. Methodology. In the research, the methods of analysis, synthesis were used, as well as the comparative one. Results. As a result of the study, the author identified the main problems of stability and instability of law. Various reactions of domestic and foreign participants (public and private) in legal relations to the ongoing processes are shown. New tendencies in lawmaking are revealed, influencing its instability. Research implications. The results of the study extend the existing scientific views and substantiation of new doctrinal provisions concerning jurisprudence, the conditions for the acceptance and application of law.
14-23 117
Abstract
Aim. To identify the main trends in the development of the social state and formulate a forecast regarding the parameters of the social state and the social rights of citizens in the post-industrial era. Methodology. The research used forecasting methods, as well as dialectical, comparative and formal-logical methods. Results. The study highlights the general features of the legal status of citizens based on the characteristics of social legislation, identifies the main trends in the development of social relations, which are decisive for the welfare state in the near future: polarization of society, increasing inequality; anthropocentrism; decrease in institutional stability; «acceleration of life»; technologization of life and relationships; change in the mobility of citizens; postmodern tendencies; increasing the role and importance of consumption; changes in the role of the state. Conclusions are made about strengthening the paternalistic orientation of the social state, expanding the system of guaranteed social benefits, increasing the importance of the state’s distributive activity, the result of which should be the mitigation of social inequality (taking into account the emergence of new «post-industrial» boundaries), and prevention of a sharp polarization of society. Research implications. The research results contribute to the science of social security law, the concept of social rights and the social state, forming new directions of scientific research.
THEORY AND HISTORY OF LAW AND STATE; HISTORY OF TEACHINGS ON LAW AND STATE
24-35 82
Abstract
Aim. To highlight the issues of legal regulation and implementation of the organization of settlements for exiles as a means of colonizing the outskirts of Russia in the 19th century. To analyze practical measures and achieved results in settlement of exiles in remote regions. To consider the 19th century officials’ views on the problems of organizing such settlements. Methodology. The research uses the historical, formal-legal and comparative-legal methods. Results. The analysis made it possible to draw conclusions about the absence of positive results in the implementation of the idea of organizing settlements of exiles in achieving the proper colonization effect. Research implications. The historical and legal understanding of the organization of exile as one of the means of colonizing the outskirts of Russia has been expanded, which will facilitate further studying of this institution.
36-51 123
Abstract
Aim. To consider the contribution of the Workers’ and Peasants’ Inspectorate to the development of the Resolution of 1928 «On the punitive policy and the state of places of detention». Methodology. The archival materials are analyzed, giving the idea of the specific proposals of the Workers’ Committee to improve the legislation on the judicial-investigative system, as well as the system of execution of punishment and regulation of criminal proceedings. The author compares the wording from the documents of the Rabkrin with the text of the decree under investigation in order to find out the extent of the Rabkrin’s initiatives could influence its text. The resolution «On punitive policy and the state of places of detention» is considered as the first experience of the Soviet state’s approbation of new ideas and approaches proposed by a number of departments (People’s Commissariat of Justice, Rabkrin, etc.) to optimize the work of law enforcement agencies and justice bodies taking into account the internal political situation of that time. Results. The study of the decree «On punitive policy and the state of places of detention», as well as the history of its preparation is a great contribution to the history of law. The undertaken research made it possible to assess with great completeness not only the problems of the Soviet law enforcement system at the end of the NEP, but also the complex nature of the resolution of these problems by the legislator. In a number of cases, the negative consequences of the implementation of the innovations proposed by the Rabkrin are revealed, which makes it possible to more objectively assess the state of the judicial and investigative system in the USSR in the 30s. Research implications. The results of the study contribute to the study of the history of state control bodies, as well as the Soviet criminal process and corrective labor law. This article will be useful to historians of law, specialists in the field of criminal procedure, as well as the execution of punishment.
CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW
52-57 105
Abstract
Aim. To identify and analyze new mechanisms for the implementation of constitutionally guaranteed social rights of citizens in the Russian Federation. Methodology. The study examines certain legal acts of the President of the Russian Federation and the Government of the Russian Federation, as a result of their adoption in 2020 approaches to the mechanism for the implementation of certain social rights of citizens of the Russian Federation were changed. The research is based on the application of general scientific methods and techniques: analysis, generalization, induction, as well as on special methods of scientific cognition: formal legal, comparative legal. Results. It is established that, starting from 2020, the mechanisms for the implementation of constitutionally guaranteed social rights of citizens in the Russian Federation have been substantially transformed and supplemented through the development and introduction of «digital technologies». These circumstances cannot be ignored, since the digitalization of the mechanisms for ensuring social obligations by the state fills the constitutional and legal structure - the «social state» with new content. Research implications. The achieved results contribute to the development of the constitutional and legal theory and practice of the implementation of the mechanisms of the welfare state.
58-67 143
Abstract
Aim. To analyze managerial and legal measures aimed at ensuring and protecting the constitutional right to health protection and medical care in the pandemic caused by a new coronavirus infection and the use of artificial intelligence systems. Methodology. Methods of analysis and synthesis, legal comparative studies, formal-logical and legal-dogmatic methods were applied in the course of the research. Results. A number of powers that make up the content of the complex constitutional right to health protection and medical care are analyzed, the features of their state support and legal regulation in the conditions of the pandemic and isolation measures are revealed. The positive aspects and disadvantages of legal regulation and enforcement of legislative provisions adopted promptly to ensure the health of Russian citizens are shown. The judicial practice on the protection of the rights and interests of citizens in the field of healthcare is analyzed. Special attention is paid to the use of innovative remote technologies and artificial intelligence systems in the implementation of such an important social constitutional right as the right to health protection and medical care. Research implications. The conclusions made in the course of the study are aimed at improving legislation and law enforcement practice in the field of ensuring and protecting the constitutional right to health protection and medical care in special conditions due to the pandemic and the restriction of a number of rights.
68-79 109
Abstract
Aim. To identify positive trends and problematic issues in the protracted process of harmonizing the social rights of citizens of Belarus and Russia in the context of citizenship of the Union State. Methodology. The study was carried out using traditional methodological tools (a systematic approach, comparative legal analysis, statistical, formal legal and other methods). Results. The article presents the author’s judgments about the criteria of social statehood, the nature of citizenship of interstate entities, the Union State of Belarus and Russia; the conclusion is substantiated about the mainly international legal (but not constitutional-legal) basis of integration processes in relations between the Russian Federation and the Republic of Belarus, including in the sphere of ensuring equal rights of citizens. Research implications. The presented material supplements the theory of constitutional law, in particular, in such areas of scientific knowledge as the theory of the status of the individual, social rights and social statehood, the internationalization of constitutional law and the constitutionalization of interstate relations.
80-88 113
Abstract
Aim. To identify trends and prospects for the development of the integrated content of the constitutional right to health and medical care; consider the relationship between legal and ethical aspects in providing quality and accessible health care; highlight the importance of the relationship between constitutional and ethical aspects in medical activities. Methodology. Modern methods of cognition form the methodological basis of the study. The following methods were used in the work: comparative-legal and formal-legal, as well as the analysis of normative material and law enforcement practice. Results. It was concluded that the right to physical existence is systemically connected with a number of subjective rights, and the quality of its implementation is influenced not only by legal, but also by ethical criteria that determine the foundations of medical activity. Of particular importance is the safe impact on the human body of innovative means used for the protection of health and medical care, the consequences of which are not fully investigated and pose a threat to the physical and mental health of a person, which can irreparably harm the spiritual and ethical and social foundations of society, the state and humanity as a whole. It is determined that high-quality medical care should meet the criteria of timeliness and accessibility, and its provision should be in accordance with both legal and moral and ethical requirements. Research implications. The author identified the problems in legislative and law enforcement practice that lead to the emergence of the phenomenon of «defensive medicine», as well as contradicting the constitutional guarantee of high-quality and accessible medical care. It is justified that the right to physical existence and the right to health and medical care are directly related. The principles of bio-law and medical ethics included into their content are common for them.
89-95 113
Abstract
Aim. To determine the general prerequisites for the development of the welfare state by studying the features of the constitutional and legal doctrine. Methodology. The analysis of the legal positions of the bodies of constitutional jurisdiction in the aspect of ensuring social rights is performed. Results. The importance of the state as an institution that guarantees the effectiveness of functioning of the social sphere of the life of modern society has been substantiated. The role of state activity functional in conditions of emergency, such as a pandemic, is shown. Research implications. The point of view is formulated and substantiated that the crisis of statehood is, although an obvious fact, but in the absence of clearly defined and formed alternatives, in conditions of extreme threats, the state is still at a sufficient level capable of neutralizing the consequences of the dangers arising in modern society.
CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW
96-106 185
Abstract
Aim. To investigate the concept of «murder» and measures of liability under the current criminal legislation of the Russian Federation. Methodology. In the work, the dialectical method is fundamental, system-structural, formal-logical (induction, deduction, abdication, etc.) were also used. Results. The article is devoted to criminological and criminal-legal understanding of murders, their main features. It is alleged that the murder loses life, the whole person, and not only the person as a product of social relations. It is alleged that human life is the main object of all criminal law protection. A typology of homicides is offered. Restrictions are given on killings under Art. 105 of the Criminal Code of the Russian Federation, from other types of killings. Research implications. The author’s concept of the concept of “murder” is presented. In addition, the essence and functions of punishment for murder are specified. The resulting provisions and conclusions could be used in the further development of related issues, such as the criminal law mechanism; the qualification of criminal conduct; sentencing, etc.
107-113 116
Abstract
Aim. To reveal negative factors determining the content of criminal policy to counter the laundering of criminal proceeds, to formulate recommendations to minimize criminal legal errors in the qualification of the noted crimes. Methodology. The authors analyzed the established practice of criminal law against the legalization of criminal proceeds in Kyrgyzstan, as well as a comparative legal analysis of the Russian practice of applying criminal legislation in the field under consideration. Results. The article gives the criminal legal characteristic of «laundering», legalization of illegal income. The established incorrect law enforcement practice in the field under consideration is shown. There are mandatory legal grounds for criminal prosecution, namely the need to prove the direct intent of the perpetrators and the inadmissibility of objective imputation, as well as the need to identify and prove predicate, i.e. prior to the «laundering» of illegal proceeds of criminal acts. Research implications. The need to develop unified approaches in criminal policy in the field of countering the considered encroachments on the basis of international standards is substantiated; it was proposed to amend the Criminal Code of the Kyrgyz Republic on the restriction of objective imputation.
SCIENTIFIC LIFE
114-115 73
116-118 80
ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)
ISSN 2949-513X (Online)