Aim. Identify the features of methodological approaches applicable to the study of legal culture in a post-industrial society.
Methodology. To achieve this goal, the methodology of anthropocentrism as a direction within the framework of the modern post-classical approach to law was used as the methodological basis of the study. The provisions of constructivism are also used to determine the role of man as a subject of law in the construction of legal culture.
Results. The article justifies that anthropocentrism, declaring a person the center of the legal system, actualizes the study of legal culture and the factors determining its features. It is stated that the identification of patterns of the dynamics of legal culture in post-industrial society is possible only on the basis of interdisciplinary synthesis, taking into account the principles of post-nonclassical scientific rationality.
Aim. Definition and characterization of methodological problems contained in historical and legal studies, as well as identification of trends in the development of the methodology of the science of the history of the state and law.
Methodology. The article relies on a problematic approach to presenting the material. The utilization of the descriptive approach facilitated the identification of the rationales behind the revision of methodological issues in historical and legal research. The method of analysis helped to identify new trends in the development of methodology of the history of the state and law as a science.
Results. The article summarizes how historians of law from both past and present have resolved methodological issues at different levels. Multiple methods of advancing the methodology of historical and legal research have been acknowledged.
Research implications. The article highlights the challenges encountered by legal historians when ascertaining research method, while also summarizing the contemporary methods adopted by scientists to address methodological issues.
THEORETICAL AND HISTORICAL LEGAL SCIENCES
Aim. Determination of the main tools for the formation of ecological culture among the population of Russia and the dependence of the process of development of ecological culture on the growth of legal awareness.
Methodology. To achieve this goal, an analysis of the content of environmental and legal culture, as well as legal awareness, their relationship and influence was carried out. The main research methods were: the method of interdisciplinary analysis of Russian and foreign scientific literature, generalization, systematization, analogy, as well as the method of legal modeling.
Results. It is shown that ecological culture includes such elements as: spiritual and moral values, a high level of knowledge of law and environmental problems and a willingness to put their knowledge into practice. Legal culture is an emotional perception of the law, a willingness to consciously act in accordance with legal regulations, to participate in legal life, to raise one’s own legal awareness. Thus, the indicator of legal culture is the level of legal awareness, which, in turn, directly affects the formation of ecological culture. The development of legal awareness, on the one hand, ensures greater public confidence in the projects and programs implemented by the authorities, in the law enforcement practice of officials. On the other hand, citizens are more responsible about the environment, more willing to comply with environmental legislation and are active in protecting the environment.
Research implications. Research implications consists in identifying important tools for the implementation of the constitutional norm on the education of the ecological culture of the inhabitants of the Russian Federation, which should become the basis for the development of state policy in the area under consideration, along with the inclusion of environmental-oriented subjects (modules) in educational standards.
PUBLIC LAW (STATE LAW) SCIENCES
Aim. The study of the structure of local self-government bodies of the Russian Federation and its partners in the Eurasian Economic Union (Armenia, Belarus, Kazakhstan, Kyrgyzstan) and the correlation of the influence on the organization of territorial power of central government bodies and the powers exercised by local authorities.
Methodology. The study used an integrated approach that allowed combining scientific methods to study the structure of local self-government bodies in the national systems of public power in the Eurasian region; historical and comparative analysis became the basis for identifying common and special features in the organization of public power in each partner state of the EAEU; structural method contributed to the identification of stable links within the organization of public power, ensuring the preservation of its basic properties and contributing to its effective organization. The criterion for the selection of countries was the membership of these states in the EAEU, in the context of Eurasian integration in the post-Soviet space.
Results. Proposals are formulated to solve the main problems that contribute to reaching a qualitatively new level of organization of local self–government in the EAEU member states.
Research implications. The author’s positions on the organization and development of structures of public authorities (state and municipal) and the continuation of the search for the optimal model of integrated interaction, taking into account the organizational and historical characteristics of each of the EAEU member states, that have common historical roots in the development of public authority. The practical significance of the study is in the study of the problems of the organization of local selfgovernment in countries that are on the path of economic integration and seek to activate the processes of cooperation at different levels of public authority.
Aim. Analysis of environmental threats that have a negative impact on the realization of the rights of the child. Identify problems arising during the implementation of children’s right to a favorable environment, based on an analysis of constitutional and legal provisions and norms enshrined in Russian legislation, as well as in international law concerning the rights of children, the doctrine of environmental law in national and international law.
Methodology. With the help of the comparative legal method, an analysis of the rights of children to a favorable environment in national and international law was carried out. The logical and formal-legal methods of scientific knowledge were also used.
Results. In the course of the study, some key problems that have an adverse impact on the implementation of the right we have identified are considered. The right to a favorable environment by children as subjects of law in Russia and other states is realized depending on the beginning of legal personality. It was revealed that in the Russian Federation legal personality begins to operate after the birth of a child, in other states this process varies from the moment of conception to the moment of birth. After studying the problems in national and international law, it was concluded that in modern states the emphasis is placed more on the fact that children are the most vulnerable to emerging threats and challenges.
Research implications. The results of the study contribute to the theory of environmental law, to the legislative improvement of norms in the course of realizing the right of children to a favorable environment.
PRIVATE LAW (CIVILISTIC) SCIENCES
Aim. Actualization of the problem of ambiguous judicial interpretation of the norms of civil legislation, the inevitable consequence of which is the existence of diametrically opposite decisions based on the application of the same provisions of the Civil Code of the Russian Federation.
Methodology. The article provides a brief analysis of the state of modern judicial practice that determines the position of courts regarding the interpretation of the norms of the Civil Code of the Russian Federation on lease. The methodology of the research is based, first of all, on a dialectical and systematic approach used in the analysis of the current state of the practice of judicial interpretation of the norms of civil legislation on lease.
Results. The authors come to the conclusion that the problem of a unified understanding of the law has not been solved satisfactorily at the moment. The lack of unity of judicial practice on certain issues of the application of the norms of the Civil Code of the Russian Federation on lease requires more active scientific development of such a category as the “legal nature of the contract” and the adoption of measures by the highest judicial instances to ensure a common understanding and application of the norms of the Civil Code of the Russian Federation on lease.
Research implications. The theoretical significance of this study is to actualize the scientific discussion both in terms of improving the legal technique that determines the clarity of legal norms, and in terms of the consistency of judicial interpretation of the provisions of the Civil Code of the Russian Federation. The practical significance of the article is determined primarily by the possibility of forming an argumentative base based primarily on empirical material necessary for the purposes of specific law enforcement.
Aim. Analysis of the influence of market mechanisms on the legal regulation of property in modern socialist states of Southeast Asia (on the example of China, Vietnam and North Korea).
Methodology. The key research methods were the method of comparative jurisprudence and formal-legal method. The analysis of the content of the current constitutions of China, Vietnam and North Korea, civil legislation on forms of ownership, land ownership, private property (China, Vietnam), personal property (North Korea), legislation on entrepreneurial activity of citizens and organizations was carried out by means of comparison.
Results. It is proved that the economies of modern socialist countries of Southeast Asia are actively developing, successfully combining planned and market mechanisms (to a large extent in China and Vietnam, to a lesser extent in North Korea), the current legislation enshrines various forms of ownership, characteristic of classical socialism, in China and Vietnam – also private property, guarantees the right of ownership of domestic and foreign citizens and organizations, the right of inheritance, the accomplishment of various transactions with property. The absence of private ownership of land, in our opinion, should be welcomed, because this approach maximally ensures the sovereignty of modern socialist states, protection (minimization) from external influence, although to some extent it may deter foreign investment in the economy.
Research implications. Theoretical and/or practical significance lies in the objective comparative-legal analysis of legal regulation of property in some modern socialist countries, the economy of which successfully combines planned and market principles. The given approach to the sustainable development of the economy, a significant reduction in the level of poverty of the population. The obtained results can be used in the process of multifaceted cooperation between Russia and China, Vietnam and North Korea.
Aim. On the basis of disparate norms of law, various doctrinal approaches and judicial practice, determine the possibility of classifying animals as sources of increased danger.
Methodology. Based on the methods of systematic analysis and comparison of disparate norms of private and public law, various doctrinal approaches and judicial practice, the possibility of classifying animals as a source of increased danger has been determined.
Results. It is justified as necessary and sufficient for qualification as a source of increased danger the application of characteristics of harmfulness and human controllability.
Research implications. It is recommended to include animals in the approximate list of sources of increased danger in Article 1079 of the Civil Code, to ensure a balance between compliance with the instructions of the law and their specification by the law enforcer.
ROSTRUM FOR YOUNG SCIENTISTS
Aim. To consider and analyze some methods and practices for the search and detention of persons who have committed crimes. To propose some directions for improving the methods of searching for persons subject to extradition and hiding in remote and hard-to-reach areas, including in foreign countries.
Methodology. Analysis of reports and analytical reports from both Russian and foreign media about people hiding in remote and hard-to-reach areas. Study of terrain maps of some foreign countries.
Results. Taking into account the rapid development of public relations and technologies, new approaches to the search for fugitives from justice in remote and hard-to-reach areas are proposed. The signs have been identified by which it can be established that a person lives in a certain territory, in respect of whom it is necessary to establish the purpose and motives of stay, to identify the person. Since the perpetrators of crimes study in advance the area in which they will hide and arrange their life, the article also examines some geographical features of foreign countries that may make it difficult to find the criminal. The thesis is put forward that the criminal chooses the area for his own residence, depending on the level of financial well-being, the presence of established contacts and social ties.
Research implications. Theoretical provisions are presented that determine the need for further study of the problems of searching for persons subject to extradition and hiding in hard-to-reach and remote places. An analysis of the terrain for the possibility of hiding in hard-to-reach and remote places can be useful for law enforcement agencies in the process of searching for criminals and cooperation with the competent authorities of foreign countries in the field of extradition.
Aim. Identification and consideration of general patterns and scientific study of problems in the activities of human rights commissioners in the constituent entities of the Russian Federation in exercising the right (duty) of legislative recognition of the human right to access to information as a necessary element of the constitutional mechanism for its implementation.
Methodology. The main content of the presented article is a comparative analysis of normative legal acts directly aimed at regulating the activities of authorized persons in the constituent entity of the Russian Federation in the field of legislative initiatives, identifying criteria for the effectiveness of such activities and the problems of its implementation on the example of the implementation of the obligation of legal recognition of a person’s right of access to information, in which efficiency ensuring the law under study is analyzed in the process of bilateral interaction between the commissioners for human rights and the legislative (representative) body in the constituent entity of the Russian Federation.
Results. According to the identified results of the study, the author comes to a reasonable conclusion about the diversified approach in the constituent entities of the Russian Federation to the process of regulatory consolidation, as well as the implementation in practice of the constitutional obligation of authorized persons in the constituent entities of the Russian Federation, expressed in recognition of the human right to access to information, which may be the basis for the presence of some problems in the specific implementation and protection of the law under study.
Research implications. Given the extensive experience of the commissioners in the constituent entities of the Russian Federation in the work of protecting human rights and freedoms, it is proposed to consider and implement a unified legal mechanism for legislative initiative in all regions of the Russian Federation. The presented mechanism will provide an effective opportunity for the Ombudsman directly (without intermediaries) to initiate legislative proposals in the representative body of power of the subjects of Russia on problematic issues related to human rights and freedoms, including the right of access to open information.
Aim. To determine the meaningful relationships between the right to biological safety and the right to personal integrity, to identify current problems in the theory of legal understanding, and to assess the sources of law regulating relations in the field of biological safety.
Methodology. The work used general scientific and special research methods. These include comparative legal, dialectical, formal logical and formal legal.
Results. The content of the right to biological safety, its interrelation with the right to biological integrity is revealed. The principles of law that should be taken into account in the development of the legal content of biological safety are noted.
Research implications. The results of the study contribute to the theory of constitutional law, creating the prerequisites for the development of the doctrine of a new generation of rights in the health care system, providing the population with a safe environment.
REVIEWS
ISSN 2949-513X (Online)