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Moscow Juridical Journal

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No 1 (2023)
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CURRENT ASPECTS OF THE IMPLEMENTATION OF THE NORMS OF CONSTITUTIONAL LAW

7-16 175
Abstract

   Aim. Preliminary estimation of the 2020 constitutional amendment influence on the constitutional regulation of power in our country and the identification of some trends in the further development of a new theory of public power and its unified system for domestic constitutional law.

   Methodology. On the basis of general scientific (dialectical, logical, systemic) and special legal research methods (historical-legal, formal-legal), the changes in the constitutional-legal regulation of power, caused by the amendment to the Constitution of the Russian Federation of 2020, were explored.
   Results. A proposal was made for a new vision of power in the subject of constitutional law. Arguments in favor of the immutability of the constitutional foundations of power were put forward. Contradictions in the constitutional regulation of public power and its unified system, which do not correspond to its logically verified doctrinal model, were researched.
   Research implications. Provisions aimed at the development of the constitutional and legal doctrine of power were formulated. Research directions were identified for further scientific resolution of the problems disclosed as a result of a comprehensive analysis of the constitutional foundations of power in the Russian Federation.

17-33 284
Abstract

   Aim. To develop new legal constructions in the theory of law and constitutional law, ensuring the protection of the physical existence of a person in the modern world. To define the way the principles of the right to housing, enshrined in law in the Constitutions of the countries of the world, affect the physical aspects of human being.
   Methodology. The study used variable methods of analysis and synthesis of individual components, included into the understanding of complex legal structures in law, the comparative legal method, with the help of which an analysis of the constitutional provisions of the basic laws of various states of the world in terms of securing the right to housing was carried out, the historical method by which the norms included in the constitutions of previous years are analyzed, as well as formal-logical, legal-dogmatic methods that made it possible to investigate the provisions enshrined in the constitutional norms and norms of current legislation related to the implementation of the human right to housing.
   Results. The authors studied 160 different constitutions. The main conclusion of the scientific study was the identification of those factors that have a fundamentally important impact on the physical existence of a person in the modern world and need legal regulation in order to ensure the protection of the physical existence of a person. The constitutional provisions of various states within the framework of the consolidation of the right to human housing were analyzed. The right to housing was ambiguously enshrined in the constitutional norms of the countries of the world. Gaps in the legal regulation of housing relations were identified, and some legislative initiatives were presented. The importance of establishing the standards of human life, and, accordingly, the quality of housing, has been proven.

   Research implications. The findings of the study can be used in law enforcement and law-making activities in the development of new housing legislation. A new conceptual apparatus is being introduced into legal science, which will improve legal equipment in the preparation of regulatory acts affecting the rights of a person and a citizen in our country.

34-44 250
Abstract

   Aim. To identify the meaning of the term “constitutional legal regime.” To characterize the constitutional system of modern Russia, to make a forecast for the development of constitutional and legal relations.
   Methodology. Questions from general theoretical concepts to specific relationships in retrospect and perspective are considered. Methods used: empirical, theoretical, dialectical, historical, formal-legal, comparative-legal methods.
   Results. The definition of the constitutional law regime is given. A number of challenges connected with the controversial development of this regime in Russia are identified. A number of propositions on the removal of this antagonism are substantiated.
   Research implications. The provisions in the constitutional law regime are justified which were insufficiently reflected in science. The recommendations for improving the legislation are given. The article can be used in the preparation of educational materials.

ТЕОРЕТИКО-ИСТОРИЧЕСКИЕ ПРАВОВЫЕ НАУКИ

45-57 533
Abstract

   Aim. Identification of current trends in the development of the legislative process in the Russian Federation.
   Methodology. To achieve this goal formal-legal, systemic, historical-legal methods were used, as well as the methods of legal forecasting and legal modeling. Legislative acts and secondary legislation of the Russian Federation regulating legislative process were analyzed.

   Results. Conclusions were made about measures to achieve a balance of interests of all the participants in the federal legislative process, about the need to create a systematic form of its regulation, about strengthening attention to its pre-project stage, about a comprehensive approach to planning legislative work, about transforming the culture of the legislative process.
   Research implications. The formulated conclusions can be used as a basis for the scientific concept of the legislative process development and can be used by law-making authorities in the formation of the normative basis of law-making.

58-68 197
Abstract

   Aim. To identify current problems and factors characteristic of the professional legal consciousness development of employees of the domestic penitentiary system in the context of public relations digitalization.
   Methodology. When conducting the study, a comparative legal method, sociological, formal-logical and dialectical methods were used.
   Results. Based on the study of the approaches to understanding the essence of professional legal consciousness presented in modern legal studies and its development in the context of digitalization of public relations, topical problems characteristic of employees of the domestic penitentiary system are considered: the development of professional legal consciousness of UIS employees under the influence of digitalization, deformation of professional consciousness of UIS employees, the influence of digital competencies on increasing the level of professional legal awareness of UIS employees. The conclusions obtained during the study made it possible to determine the essential aspects of the impact of digitalization of public life on the state of professional legal awareness of UIS employees and proposals were put forward for the implementing legal work and official training in the penal system.
   Research implications. The results of the study contribute to the theory of law, creating the prerequisites for the development of the theory of legal awareness in terms of the study of the types of group (professional) legal awareness and further in-depth conceptual study of theoretical and legal categories.

69-80 179
Abstract

   Aim. To analyze pledge legislation and survey the subject formation for mortgage in the 17th – early 20th centuries.
   Methodology. The key aspect of the research is the analysis of legal acts and the archives in order to fully present the stages of development and formation of provisions on mortgage and real estate. The dogmatic method allowed selecting and interpreting legal acts related to the topic of the research. The dogmatic method made it possible to select and interpret the regulations belonging to the theme of the research. The generalization of the sources analyzed enabled the author to follow the direction and character of the pledge legislation development, as well as the reasons that prompted the legislators to adopt certain regulatory acts.
   Results. The formation of pledge legislation and mortgage subject in the 18th – early 20th centuries is analyzed in detail. It is shown that the historical context of events is connected with the logic of the legislator, it is also stated that the viability of a regulatory legal act is in a number of cases depends on the personality of a legislator, i.e. the head of the state.
   Research implications. The results of the research contribute to the study of pre-revolutionary pledge law. The article will be useful to experts in state and law, since the pledge of real estate (mortgage) is still a relevant issue in the world.

81-88 181
Abstract

   Aim. To show the involvement of the Commissariat for Workers’ and Peasants’ Inspection in the development of the reform of the Soviet notary public in the early 1930s, identifying the reasons for the reform and analyzing the circumstances that led to its failure.
   Methodology. On the basis of archival materials, using historical and formal-legal methods, projects for the reorganization of the notary proposed by the Institute of Management Technology, the USSR and the RSFSR Rabkrin are examined. The motives and course of development of this reform are analyzed. In addition, the reflection of the mentioned projects in the Soviet legislation is shown, as well as the results of the notariat reform.
   Results. Firstly, the examination of the drafts for the reorganization of the notary has provided the most detailed analysis of the reasons for this reorganization. Secondly, it reveals the influence of the theoretical attitudes of the Soviet leaders on these projects. Thirdly, it is shown that it was largely because of these guidelines that the reform proved to be unsuccessful and was revised as early as the mid-1930s.

   Research implications. The present study contributes to the research of the activities of Soviet supervising bodies and the history of the Soviet notary. The article may be useful for specialists in the history of law and law enforcement agencies.

ПУБЛИЧНО-ПРАВОВЫЕ (ГОСУДАРСТВЕННО-ПРАВОВЫЕ) НАУКИ

89-101 146
Abstract

   Aim. To examine the legal problems of the local self-government authorities participation in the research and technological development of Russia and the implementation of the state research and technical policy.
   Methodology. The Strategy of research and technological development of the Russian Federation and the provisions of federal laws defining the competence of local self-government bodies in the field of science and research and technical policy, including the role of municipal authorities in the formation and operation of scientific and production and innovation clusters are analyzed. Foreign experience of the local authorities’ participation in clusters functioning is studied.
   Results. The analysis has shown that the legal regulation in Russia excludes municipal authorities from the sphere of relations related to the scientific and technological development of Russia and the implementation of the state scientific and technical policy. There are 3 areas in which a significant role should belong to local communities and local authorities.
   Research implications. Proposals are formulated to improve the regulatory framework aimed at involving local governments into the implementation of the priorities of the Russian state in the field of scientific and technological development.

102-109 203
Abstract

   Aim. Analysis of the constitutional content of the category «society» within the framework of the concept of a unified public authority and public-power relations in the light of the constitutional reform of 2020. Development of doctrinal approaches to understanding society as a constitutional and legal
category, identification of the content of constitutional structures of interaction between society and the state, determination of the optimal level of legal normativity.
   Methodology. The formal-legal and systematic methods of analyzing the constitutional provisions introduced into the text of the basic law as part of the 2020 reform and analyzing the constitutional structure of society in the concept of a unified public authority were used. Comparative legal analysis of
approaches to understanding society as a subject of public-power relations was made.
   Results. The necessity of placing the constitutional and legal category «society» within the framework of the concept of public power and public-power relations is shown, which is confirmed, among other things, by the formal legal analysis of the Law on Amendments to the Constitution of 2020. The author comes to the conclusion that the problem recognized by the scientific community of insufficient normativity of the content of the constitutional structures of the relationship between society and the state, the definition of the content of the category “society” can be solved through the detailing and specification of the powers of public authorities (primarily executive), as well as through the doctrinal content of the structure of public power included into the concept of a unified public authority.
   Research implications. Doctrinal approaches to understanding society as a constitutional and legal category within the framework of the concept of public power have been developed.

110-118 159
Abstract

   Aim. To consider the issues of ensuring environmental safety in national and international law. To identify the problems that arise in the field of environmental safety, based on the analysis of legal regulation in the Russian Federation, the doctrine of environmental law in the national law of Russia and international law.
   Methodology. The definitions of environmental safety in national and international law are studied with the use of the formal-legal method as well as the criteria that are its important component. In addition, logical and comparative legal methods of legal regulation were used.

   Results. In the course of this study, some key factors influencing the provision of environmental security are considered. Its role as one of the activities of the public authorities of Russia and its subjects through the prism of concepts, plans and programs indicates the absence of a detailed delineation between the powers of the public authorities of Russia and its subjects, which thereby creates problems in the field of environmental safety at the national level. It was revealed that not all acts of the regional level fix the activities carried out by public authorities to ensure environmental safety, which thereby creates legal uncertainty. Having studied the issues of environmental security in the international law, the conclusion was made that in modern states the emphasis is placed to a greater extent on the interaction of environmental security and emerging threats and challenges for all mankind.
   Research implications. The results of the study contribute to the theory of environmental law, to the legislative improvement of measures in the field of ensuring environmental safety at the regional level, and also provide a basis for the subsequent study of the definition of environmental safety in the doctrine of environmental law.

ЧАСТНО-ПРАВОВЫЕ (ЦИВИЛИСТИЧЕСКИЕ) НАУКИ

119-124 263
Abstract

   Aim. To identify the role and influence of mandatory norms on the regulation of civil turnover. To form the concept of the reasonableness of the presumption of the dispositivity of private law.
   Methodology. The main content of the study is the analysis of judicial practice on the application of mandatory norms of civil legislation, their impact on judicial law-making. The analysis of researchers’ views on the nature of imperative norms and their compliance with the contract is given.
   Results. The analysis has shown that the courts do not always apply the mandatory rules in force at the time of conclusion of the contract between the parties, especially in cases where it seems unfair.
   Research implications. Directions for further study of the problem are proposed. Proposals for improving the current legislation are formulated.

CRIMINAL LAW SCIENCES

125-131 182
Abstract

   Aim. Analysis of the diagnostic picture of handwriting when the performer is exposed to a «confusing» factor – physical fatigue.
   Methodology. The experimental material was collected, the basis for which was handwriting samples of 56 people who made an experimental text containing all the letters of the Russian alphabet, as well as a large number of the most common letter combinations in their normal state and when in the state of fatigue. The research of diagnostic features of handwriting was carried out according to the traditional method of forensic handwriting examination of handwriting and signatures.
   Results. A complex of traits most susceptible to changes has been identified; besides, the most pronounced effect on highly developed handwritings is noted.

   Research implications. The established set of features can contribute to the development of forensic tactics in terms of handwriting sampling, as well as further research on the studied «confusing» factor in the framework of diagnostic handwriting.

ON THE MUTUAL RESPONSIBILITY OF THE INDIVIDUAL, SOCIETY AND THE STATE

132-142 206
Abstract

   Aim. Substantiation of the primacy of mutual responsibility of the individual, society, state, and the concept of public authorities’ positive responsibility as fundamental political and legal regulators of
social processes.
   Methodology. The key research method is to use an interdisciplinary analysis and a synthetic approach to the study of the problem of responsibility in the sphere of state organization, public authority and public management.

   Results. An interdisciplinary analysis of the nature of “responsibility” as a complex philosophical-sociological and political-legal concept has been carried out. The theoretical substantiation of the concept of positive responsibility of public authorities is given. It has been established that in modern conditions the imperative of interaction and mutual responsibility of a citizen, society and the state is the basis for strengthening the foundations of society and the state.
   Research implications. The potential of the concept of positive responsibility in the law-making process and law enforcement practice in the field of organizing public administration at various levels of public authority is disclosed for widespread use due to its close relationship to positive social activity.



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