No 2 (2018)
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CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW
29-38 96
Abstract
Objective. The author reveals the system of securing the supreme legal force of constitutional provisions, the mechanism of normative control by the Constitutional Court of the Russian Federation, analyzing the performance of various state authorities, including the Ministry of Justice of the Russian Federation, the Main Legal Office of the President of the Russian Federation, profile committees and the State Duma Apparatus and the Council of Federation of the Federal Assembly of the Russian Federation. Research methods. Method of systemic analysis. The results of the research. The author comes to the conclusion that the mechanism for implementing the principle of the supremacy of the Constitution of the Russian Federation works perfectly; otherwise there simply would not have been a need for the activities of the Constitutional Court of the Russian Federation in terms of checking the constitutionality of enacted normative acts. Theoretical / practical significance. The results of the research can be used in academic literature on various aspects of constitutional law, as well as in the process of legislative activity. Novelty. Based on the analysis of normative documents, the author discloses the essence of the norm control mechanism from the standpoint of theory and practice of constitutional law.
THEORY AND HISTORY OF LAW AND STATE; HISTORY OF TEACHINGS ON LAW AND STATE
8-18 134
Abstract
Objective. Based on the conducted research the authors attempt to identify the generality and features of the processes of civil society formation in Russia in the early 20th century and at the turn of the 20th and 21st centuries, since the process of the formation of modern civil society in Russia has undergone two global stages separated by the seventy-year history of the Soviet state and society, which assumes a somewhat different model of civil society. Research methods. The article uses historical method of scientific research, method of systemic and complex analysis and comparative-legal method. Results of the research. Scientific research of the problem allowed the authors to discover a new understanding of the continuity of the post-Soviet stage of civil society development. On the basis of concrete facts, the authors make a conclusion on discontinuity in the development of civil society in Russia and the differences in economic, social, political and spiritual factors that determined its formation and development. Theoretical / practical significance. The main findings of the authors can be used in textbooks on the history of law and the state. Novelty. The authors present theoretical models of civil society and their implementation in concrete historical conditions.
19-28 81
Abstract
Objective. The article deals with current problems of legal regulation of relations in the sphere of education of Serbia in order to identify the most effective methods for developing normative acts. The author reveals the experience of creating local acts of the educational organization and the implementation of individual educational plans in the Republic of Serbia in the context of providing quality education to students who need additional support. Research methods. The article uses historical method of scientific research, method of systemic and complex analysis and comparative-legal method. Results of the research. The article describes the types of local acts, legal and pedagogical errors that arise in the process of their development, topical issues of the effectiveness of implementing local acts and ensuring their monitoring. The author raises some problems observed during the implementation of the normative acts of Serbia. Theoretical / practical significance. The author’s main findings can be included into textbooks on the theory of law. Novelty. The author concludes that the educational plan can promote inclusiveness of education, but its scale should not be overestimated. In every country this normative document should be created only in accordance with national peculiarities of the legal regulation of educational process.
CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW
39-48 90
Abstract
Objective. The author considers the problems of legal support of financial activities of small and medium-sized businesses with the aim of creating conditions for effective legal provision of business. Research methods. The method of system and complex analysis and comparative-legal method are used in the article. Results of the research. The author proves that new modern legal support in the sphere of obtaining organizational guarantees for small and medium-sized businesses and clarification of the mechanisms for issuing state guarantees to small and medium-sized enterprises are needed. By analyzing and summarizing supranational standards, it is advisable to envisage an increase in coverage of state guarantees in accordance with the rules of the Organization for Economic Cooperation and Development. Subsidizing the interest rate on loans to small and medium-sized businesses in the sphere of export activities requires the introduction of changes in the acts of the Government of the Russian Federation in accordance with international legal standards relating to the terms of lending and interest rate calculations. Theoretical/practical significance. The author’s main findings can be included into textbooks on civilistics and public law. Novelty. In the process of research, new proposals have been made for the legislator to develop small and medium-sized businesses.
49-60 140
Abstract
Objective. The article considers the prerequisites for the introduction into the Town- Planning Code of the Russian Federation a specialization in the organization of engineering studies, architecture and building design, construction, and also the features of acquiring this legal status. Research methods. method of systemic and complex analysis, comparative-legal method are used in the article. Results of the research. It was proved that the current legislation does not contain legal definitions of specialists in engineering studies, architecture and building design, construction specialists, who are included into the National Register of Specialists in the Field of Engineering Surveying and Architecture and Building Design or the National Register of Specialists in building having an employment relationship with a member of a self-regulatory organization. Theoretical/practical significance. The author’s main findings can be included into academic books on topical issues of Civil Law. Novelty. In the process of research, new proposals have been made for the legislator to develop business in the construction sector.
61-73 581
Abstract
Аbstract. Objective. This article is devoted to the study of legal and factual possibilities, conditions, bases and concepts of establishing a legal entity of artificial intelligence units. Research methods. method of system and complex analysis, comparative-legal method are used in the article. Results of the research: The article explains the possibilities of applying a legal personality concept to artificial intelligence units. The author analyzes the possibility of applying the concept of a collective subject of law to an electronic personality, the reasons and expediency of endowing an artificial intelligence unit with legal personality. Theoretical/practical significance. The author’s main findings of the can be used in academic textbooks on topical issues of civil law. Novelty. The author has explored the issues and problems that can be solved with the introduction of a new legal institution of electronic entities, as well as the problems and risks that may arise with the introduction of this concept.
74-86 152
Abstract
Objective: The article is devoted to the topical issues of housing provision for the orphans and children left without parental care, as well as the problems of ensuring the preservation and management of living quarters owned by them on the basis of ownership or management rights. Research methods. The application of the systemic analysis method allowed the author to identify and compare various ways of exercising and protecting housing rights of minors left without parental care. Results of the research. Based on a comprehensive analysis of the norms of civil, family and housing legislation, the author comes to the conclusion that it is necessary to legislate directly the whole complex of housing rights for orphans and children left without parental care, including an appropriate legal mechanism ensuring safety of living quarters belonging to them. Theoretical/practical significance. The results of the research can be used in academic literature on various aspects of civil law, as well as in the legislative process. Novelty. From a perspective of new approaches, the author has identified and compared various ways of exercising and protecting the housing rights of minors deprived of parental care.
CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW
87-100 365
Abstract
Objective. The authors attempted to understand the causes of criminal acts of adolescents in modern conditions in order to develop new doctrinal approaches to children’s illegal behavior prevention. Research methods. Methods of systemic analysis, synthesis, scientific modeling, as well as statistical and comparative-legal methods are employed as the leading methods of studying the problem. The state of juvenile delinquency is analyzed, and its dynamics has been studied. Results of the research. It has been proved that juvenile delinquency is stable in modern conditions and will continue to be stable in the years to come. The formation and active performance of mixed criminal groups of adolescents and adults is observed (in 2017, 19,889 juveniles committed group crimes), in which minors increasingly perform active criminal roles (use weapons or improvised weapons, choose violent means of committing crimes, provide physical resistance to law enforcement officials). The proportion of female juvenile offenders is 9.8%. Theoretical / practical significance. From the perspective of new approaches in science, the article gives a moral, criminological and legal assessment of juvenile delinquency, its impact on crime in general. New scientific views allow us to formulate the most effective ways to combat juvenile delinquency. Novelty. The empirical data obtained by the author’s team revealed the most common factors affecting juvenile delinquency in modern conditions.
101-108 97
Abstract
Objective. In the process of studying the Judicial Statutes of 1864, the author reveals the specifics of court trial of grave anti-state (political) crimes. Research methods. The article uses historical method of scientific research and method of systemic and complex analysis. Results of the research. The research reveals certain law enforcement problems during the validity of the Judicial Statutes of 1864. Based on the examples from judicial practice, the author concludes that in the post-reform Russian legislation some legal norms testifying to the public interests of the monarchy survived. They abound in various casual terms the essence of which was not stated in the law, which naturally hindered the correct (formally-defined) understanding of the concept of state (political) crime. Theoretical / practical significance. The author’s main findings can be included into textbooks on the history of law and the state. Novelty. The author proves that the Judicial Reform of 1864 made significant changes in the judicial system of feudal Russia. Despite significant changes in the judicial system of feudal Russia after the Judicial Reform of Alexander II, many pre-reform features survived in the political process.
109-117 84
Abstract
Objective. The objective of the study is to determine the admissibility and justification of constructing norms on responsibility for incitement, identification of such norms, depending on the specifics of normative design of corpus delicti and the tasks they carry out. Research methods. The research is based on application of general scientific methods and methods of data processing: analysis, synthesis, induction, deduction, analogy, classification. Private-scientific methods used in the study are: logico-legal (dogmatic), historical-legal, comparative-legal, method of document analysis, expert survey. Results of the research. Based on a formal logical analysis of the provisions of the law, with the use of elements of the constitutional examination and the use of the typological method, the article presents a theoretical justification for the admissibility and justification of the construction of norms on responsibility for inciting sui generis, the types of such norms depending on the specifics of the normative construction of crimes and tasks they carry out. In the long-term plan, the most significant problems of judicial practice regarding the application of the norms in question are set, and the solution of these problems can constitute a promising direction for the development of science and legislation. Theoretical/practical significance. The results of the research can be used in law-making activities. Novelty. The article presents a new approach to the construction of norms on liability for incitement, which can become the basis of a new scientific concept.
118-127 77
Abstract
Objective. The article considers the phenomenon of neophyteism in the context of the problem of involving new converts in religious extremist trends. The author sets a goal to investigate this phenomenon and propose new approaches to the prevention of violations. Research methods. By applying a set of general scientific and private scientific methods (analysis, analogy, comparison, generalization, formal-logical method, peer-review method, sociological survey), the author attempts to comprehensively analyze the reasons for the transition from one religious confession to another. Results of the research. The author determines the prerequisites for the transformation of manifestations of religious fanaticism into religious radicalism. Theoretical/practical significance. The results of the research can be used in academic literature on various aspects of theory and history of law, criminal law, and also in the process of legislative activity on the prevention of extremism. Novelty. The author’s approach to disclosing the essence of neophyteism.
ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)
ISSN 2949-513X (Online)