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Moscow Juridical Journal

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No 2 (2019)
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ТЕМА НОМЕРА: РЕАЛИЗАЦИЯ ПРИНЦИПОВ СОЦИАЛЬНОГО ГОСУДАРСТВА В ПРАВОВОЙ ЖИЗНИ: РОССИЙСКИЙ И МИРОВОЙ КОНТЕКСТ

8-23 85
Abstract
The article is concerned with the problems of enforcement of the European Social Charter in the Russian Federation and other countries and the ways of their solution. The author sets the following tasks: to analyse from a position of the modern theory of constitutional law law-enforcement practice of implementation of the European Social Charter in Russia and other countries; to investigate the international legal acts and the national legislation for identification of the arising collisions in the field of provision and protection of human rights; to reveal the most complex problems arising in legal practice of implementation of international law and to offer effective mechanisms for their solution. The research methods include comparison, analysis and synthesis. The novelty of the study lies in the author’s suggestions concerning the use of standards of the European Social Charter in law-enforcement practice of the Russian Federation and other countries. New statistical data on the negative phenomena in legal life of the states have been summarized and legal mechanisms of their overcoming have been offered. The practical value of the research consists in the author’s proposals for inclusion of the standards of the European Social Charter into the legislation of Russia and their enforcement. It is concluded that the European Social Charter presents itself a difficult legal document demanding considerable financial resources for realization; for the Russian state it is necessary to continue the process of ratification of the specified document paying special attention to Article 31 on the right to housing. The author suggests developing new legal standards to include some concepts as «employment», «compensation», «motherhood and childhood protection», «fight against poverty» in the international documents and the regulations of the Russian Federation.
24-32 81
Abstract
The research objective of this article is to summarise and systematize the ideas on the formation of the welfare state. The author tackles the tasks of representing the views on the origin of the ideas of the welfare state; interpreting the term ‘welfare state’; characterising Russian way of the formation and development of the welfare state. The research methodolofy includes analysis, comparative studies and historical approach. As a result of the research the main features of ‘welfare’ of the state were determined.The novelty of the research is in the author’s attempt to summarize approaches to the understanding of the nature and idea of the welfare state. The practical value of the research consists in proving the necessity of market economy regulation since it is directed at receiving the maximum profit, which contradicts the social purposes of common welfare. It is concluded that market economy cannot be social.
33-42 165
Abstract
The aim of the work is to identify the features of public interest in the family legal sphere in the pursuance of constitutional and legal principles. The author analyzed the provisions of the Family Code of the Russian Federation and studied the main normative legal acts providing various forms of state support to citizens with children. As a result of the study, it is confirmed that the mechanism of the regulation of family relations is dominated by public interest, the content and forms of which are manifested in various policy documents. It is proved that the state family policy largely involves the provision of social support to citizens with children, which cannot be perceived as a family policy. The significance of the work is to compare the provisions of the Family Code of the Russian Federation as the main element of the mechanism of regulation of family relations and other normative legal acts proclaiming the principles of the state family policy, which allowed to change the content of the scientific discussion about the concept of the state family policy.

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

43-64 137
Abstract
In this paper the author used analytical-synthetic and comparative methods to analyse an ancient myth of the hero Cadmus from Caucasian Colchis who in the 2nd millennium BC established cities and spread literacy among the people of the Balkan Peninsula. Basic objective of the author of this paper is to prove that the myth of Cadmus proves ancient origin of Slavic civilization following the Great Flood which occurred in the 6th millennium BC. The conclusion of the comparative analysis of antique myths and archaeological artefacts related to the myth of Cadmus is that the actions and roles of Cadmus as a legislator, navigator, metallurgist, philosopher and hero who killed and tamed wild animals and his wife Harmonia as a pagan goddess of harmony and fine arts are metaphors for the first elements of Slavic civilization such as social communities, social institutions, literacy, legislation, philosophy, metallurgy, navigation, mythology and fine arts.
65-73 105
Abstract
The article considers the views of old Russian princes and Russian thinkers on the nature of state power and urgency of public administration reflected in the early Russian legal documents. The research methodology is based on the activity approach and includes historical and legal analysis of the political and legal thought of Old Russia in the period of formation and subsequent development of Russian statehood in the 9th - early 13th centuries. Applying the principles of historical and logical unity, objectivity and comprehensiveness, the author managed to assess the level of legal consciousness, state thinking and ethical foundations in the sphere of social relations in Old Russian state. The study makes a number of important provisions: the unity in the position of the old Russian tribes on the need for common foreign policy; inter-tribal Slavic cooperation; the development of the institution of power in the form of princely rule. It is proved that legal regulation in Old Russia was understood as a mechanism to improve the structure of state power and spread the ideal of Christianity. The theoretical and practical value of the article leis in a complex scientific and methodological use of ancient manuscripts on political and legal issues, as well as the views of Russian ruling elite on the nature of princely power. The article summarizes the Russian social thought of the 9th - 13th centuries, the period of highly moral legal relations in social and public life, which is relevant for the modern Russian state as a worthy actor of international relations and world order.
74-82 155
Abstract
The main purpose of the study was to determine the limits of legal regulation in the sphere of Russian education. The author identifies some characteristics of contemporary educational relations institutionalized in the national legal system. The research methodology includes a comparative method, analysis and modeling. The article defines the limits of legal regulation of educational relations under which the author understands the frameworks of teacher-learner interaction limited by the subject of the educational law and spiritual and moral characteristics of this interaction. Still it is these characteristics that are not covered by the current educational law, though they are important foundations for the effective solution of educational problems, especially in the system of higher education aimed both at the formation of the competencies of future professionals and their personal growth. The author makes some proposals that can be used by legal and state bodies to develop Russian educational policy.

CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW

83-93 97
Abstract
The article is aimed at revealing the problems in taxing self-employed people and finding the ways to increase the profitable share of local budgets. The urgency of the problem lies in the insufficiency of budget and resource bases of municipalities in Russia, which prevents them from high-quality implementation of their own powers and effective interaction with state bodies. The research methods of the study include formal-legal and comparative legal methods. The author identifies legal gaps, conflicts and makes proposals to improve the Russian legislation in the studied area. The main provisions used in the work contain a systematic and functional approach to the taxation of self-employed. The obtained results can be used in law-making activities at all levels of the Russian public authorities in solving the problem of raising municipal budgets.
94-105 208
Abstract
The research objective of the study is to identify the roots and stages of international cooperation of political parties, to locate them in the system of modern international legal relations, to reveal the problems in the sphere under study and suggest the ways for their solution. The research methods include general scientific methods (dialectic, analysis and synthesis, modeling, etc.) and also historical, comparative and legal, formal and legal methods. The procedure of the research is based on the analysis of the legislation of the European Union and the CIS states on international cooperation of political parties and practices of its enforcement. The retrospective analysis of the international cooperation of parties is provided as well as the analysis of law-enforcement practice of the Russian parties in the sphere of international cooperation. Based on the research the author distinguishes the stages of international cooperation of political parties, makes some suggestions concerning parties’ participation in Eurasian Economic Union formation. In conclusion the article formulates some theoretical and practical ideas that can serve for further development of the institute of political parties. The article is addressed to the experts in the field of party construction, international and integration law.

CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW

106-114 211
Abstract
The purpose of the article is to consider the features of court bailiff powers at the present stage of this service in Russia, as well as their legal status in the system of judicial bodies and executive authorities. The author analyzes the main provisions of the legislation relating to the service of bailiffs, making a special focus on the recent provisions that increased bailiffs’ legal status. As a result of the study it was confirmed that despite the fact that bailiff service is closely linked with judiciary power, it is related entirely to the structures of executive power. Court bailiffs are equally involved both in enforcement proceedings and court proceedings of the judicial system of the Russian Federation. The author made some proposals to improve court bailiff service. The article is intended for practitioners in the service of court bailiffs and the lawyers concerned with this issue.
115-122 249
Abstract
The purpose of this article is to define the concepts and content of “explicit disrespect for society” and “gross violation of public order” as essential characteristics of bullying in the judicial practice of the Russian Federation over the last 5 years, as well as to systematize the approaches to understanding these characteristics and to formulate some proposals for improving the criminal legislation in order to ensure its uniform application. The research is based on the analysis of the convictions for hooliganism for 2014-2018 and theoretical studies on the topic under consideration. In conclusion the author highlights the idea that the important problem of hooliganism qualification is in discord with the general provisions on the composition of crime.
123-128 84
Abstract
The article is concerned with the problems of estimating the amount of damage caused by trademark counterfeiting in relation to goods (works, services), which is the basic component of an offence under Article 180 of the Criminal Code of the Russian Federation. The authors give a critical appraisal of the law enforcement practice in this field, and based on the analysis of the activities of anti-monopoly enforcement authorities, they make sound recommendations on the use of special techniques for identifying and calculating damage caused by different types of offences under study, which will allow to qualify them properly. The research procedures include analysis, induction and deduction. The results of the research can be used as a basis for developing concrete techniques for law enforcement practice.

CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW

129-145 154
Abstract
The purpose of the article is to identify the possibility of implementing the principle of creditors equality in case of contractor’s insolvency. The author analyzes the legislation on bankruptcy, as well as civil legislation in terms of regulation of the contract, studied the explanations of Higher Courts, as well as judicial practice in specific cases. The analysis showed that the requirement to perform the work and transfer the results of the debtor in favor of the customer is a requirement the performance of which involves the principle of creditors equality, while its satisfaction on an individual basis may be challenged under the rules of preferential satisfaction. The practical significance of the study lies in the possibility of applying the rules of inadmissibility of preferential satisfaction in cases of individual satisfaction of customers’ claims to insolvent contractors in judicial practice. The article is addressed to researchers, teachers, judges, practicing lawyers dealing with insolvency (bankruptcy).


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