NEW TRENDS IN LEGAL REGULATION TOURISM ACTIVITIES
Aim. Summarize the available materials and data on the manifestation of corruption relations in the field of tourism, based on the conceptual foundations and provisions of the modern understanding of corruption.
Methodology. The scientific research of the author of this article is based on the analysis of various materials that characterize the manifestations of corruption in the tourism sector.
Result. Specific proposals are formulated aimed at countering and neutralizing corruption offenses in the tourism sector.
Research implications. This work is the result of the most complete and detailed analysis of the manifestations of corruption in the tourism sector.
Aim. Assessment of certain types of tourism that pose an increased danger to consumers of tourism services, from the point of view of the sufficiency of regulatory regulation.
Procedure and methods. Using general scientific and special legal methods, an analysis of the depth of development of the administrative mechanism for regulating tourism and its individual types was carried out. During the research process, the authors used the formal legal method to analyze the categories of legal legal norms. The comparative legal method is used to compare individual norms of federal legislation and regulations of the constituent entities of the Russian Federation. The historical and legal method was used to study the approaches of scientists and legislators to the formation of the content of state regulation of certain types of tourism.
Results. The work reflects some current trends in the regulation of regulatory mechanisms for potentially dangerous tourism services. The work presents an analysis of individual bills in the field of detailing the conceptual apparatus of tourism. The general state of the conceptual apparatus of legislation in this area is assessed as unsatisfactory. The study of individual terms allowed us to conclude that there are contradictions between the norms of federal and regional legal acts.
Research implication lies in identifying possible ways for the development of legislation in the field of potentially dangerous tourism.
ТЕОРЕТИКО-ИСТОРИЧЕСКИЕ ПРАВОВЫЕ НАУКИ
Aim. Studying the definition of legal activity, the authors aimed to consider it as an element of legal culture. Emphasizing that the concept of legal activity reflects not only compliance with legal regulations.
Methodology. To achieve this goal, the authors collected, systematized and analyzed an impressive number of scientific, educational and methodological sources. We summarized the norms of international and national legislation on issues of legal regulation of public relations in the social, cultural and legal sphere. To summarize the results obtained, the authors used the dialectological method, incl. analysis and synthesis, as well as cultural and comparative legal methods. When identifying patterns, a logical method was used, incl. deduction, induction, analogy, as well as historical and formal legal methods. When describing and comparing the results obtained with the results of other studies, the authors used systemic, functional and sociological methods.
Results. The main result of the study, which the authors present to a wide range of the scientific com- munity, is a well-founded and verified definition of legal culture, which emphasizes its active, dynamic aspects.
Research implications. Legal culture as a certain amount of social information created and accumulated in society and in the minds of individuals is a reflection of trends in the development of social relations.
Aim. To reveal new trends in understanding the legal structure of responsibility in space activities.
Methodology. Both general methods (methods of analysis and synthesis) and private-legal methods (comparative-legal, historical-legal, legal forecasting) were used, which made it possible to obtain the results of the study and understand their impact on the further development of the doctrine of space law.
Results. A new understanding of legal responsibility in space activities is proposed, the influence of new ideas in the understanding of legal responsibility on space legal relations is considered, it is recommended to consider the regulation of relations in space as the management of qualitatively heterogeneous groups of social relations leading to the formation of new systems of international space law, international private space law and private space law.
Research implications. Possible ways of developing the doctrine of space law, as well as the very structure of legal responsibility in space activities, are proposed, which, according to the author, will increase the sustainability of the development of space activities in the Russian Federation.
Aim. to identify the main approaches to the formation of legal values in the modern education system taking into account modern trends in the development of the state and society. Procedure and methods: the conducted research pays special attention to the comprehensive study of legal education, which is considered as a legal category. For this purpose, systemic, methodological, axiological and value-based approaches in the context of the educational system were applied.
Methodology. The conclusions made in the presented study are aimed at fixing norms-definitions for uniform law enforcement of concepts and creation of a strategic planning document for the realization of legal education in the Russian Federation.
Results. Doctrinal proposals on consolidation are presented, such concepts as “legal education,” “educational activity,” “legal education,” “legal training,” “legal education”.
Research implications. The conclusions drawn in the presented study are aimed at consolidating definition standards for uniform enforcement of concepts and creating a strategic planning document for the implementation of legal education in the Russian Federation.
Aim. To show the contribution of the Workers’ and Peasants’ Inspectorate to the reform of the Soviet land court and to the elimination of special judicial land bodies in the late 1920s.
Methodology. On the basis of archival and published materials, the proposals of Rabkrin on the reorganisation of the land court, put forward in 1927, are studied. In addition, the participation of the Rabkrin in the liquidation of the system of land commissions and possible reasons for this liquidation are de- scribed. The legislative reflection of all these changes is also shown.
Results. The study of the activities of the Workers’ and Peasants’ Inspectorate for the reorganisation of the judicial and land system allowed to form a more complete picture of the work of the land com- missions. In particular, it made it possible to understand the systemic shortcomings with which the functioning of these commissions was associated. The latter, among other things, made it possible to analyse the reasons and justification for the liquidation of special judicial bodies in the late 1920s.
Research implications. This article contributes to the study of the activities of the Soviet control bodies and special organs of justice that existed during the NEP years. The article may be useful for specialists in the history of law, judicial system and process.
ЧАСТНО-ПРАВОВЫЕ (ЦИВИЛИСТИЧЕСКИЕ) НАУКИ
Aim. The purpose of the article is to identify the differences between the classic astrent model and the institute of judicial penalty introduced in Russia.
Methodology. The key features of the court penalty and astrent are analyzed, the peculiarities of law enforcement activity in the use of astrent in France are revealed, the main types of classical astrent, the grounds for application, and the subject composition are investigated. The possibility of cancellation of the court penalty by agreement of the parties (in Russia) is being investigated. The value of the classic astrent model as a sanction for contempt of court, contributing to the strengthening of the inevitability of the execution of judicial acts of a civil nature, is argued.
Results. According to the results of the study, it was concluded that the unambiguous equating of the court penalty with the classic astrent and the use of the phrase “astrent” in the Russian legal system is incorrect.
Research implications. The problems of understanding the content of the court penalty as a limited copy of the classic astrant have been updated.
Aim. To research the specifics of the legal nature of antitrust restrictions for economic entities in the electricity and capacity market.
Methodology. The legal features of the development of the electricity and capacity market through the forms and means of antimonopoly regulation are considered. Extracts from the materials of law enforcement practice on the issue of appealing against the provisions of by-laws establishing legal means of antitrust regulation of the electricity and power market are provided. The work uses methods of comparison, analysis, forecasting
Results. Identified circumstances that need to be taken into account when preparing legal measures to support the development of competition in the electricity and capacity market.
Research implications. The results of the research contribute to the methodology of teaching the discipline of competition law in terms of explaining the specifics of the functioning of industrial commodity markets on the example of the electric power industry.
Aim. Identify the main trends for the formation and development of norms of the Russian legislation concerning the issues of participation in the relations between citizens and the state, as well as other turnover of cryptocurrency.
Methodology. The scientific research of the author of this article is based on an analysis of the approaches of various researchers to understanding the essence of cryptocurrency, the experience of foreign countries in regulating relations regarding and in connection with its circulation.
Result. As a result of the analysis and generalization, the main trends in the development of Russian legislation on regulating the circulation of cryptocurrency were formulated.
Research implications. Approaches are proposed on the basis of which it is necessary to regulate relations related to cryptocurrency in the Russian Federation.
CRIMINAL LAW SCIENCES
Aim. The study of the phylogeny of human body movements (pantomimics) with deliberate concealment of information.
Methodology. A comparative analysis of the behavior of primates and humans on a negative stimulus was carried out. The groups of body movements are distinguished: adaptive and resource gestures, which have a common phylogenetic and homologous nature.
Results. The fear of exposure in the individuals involved induces a state of stress that releases bodily archaisms. Under the influence of the protective mechanism of the psyche of “regression”, kinesics appears, which is based on phylogenetic automatisms and motor acts of the primate order, to which modern homo sapiens also belongs. Gestures are associated with a vital need for security or serve to restore mental homeostasis.
Research implications. The presented classification can be used in lie detection, nano-verification, law enforcement and supervisory practice in assessing illegal behavior.
Aim. It is necessary to analyze the political, historical and socio-legal prerequisites for the emergence and normative consolidation of responsibility for looting, to investigate the signs of this crime, to con- sider the problems of qualification of the studied criminal act and to form proposals for optimizing criminal legislation in this area.
Methodology. Various scientific research methods (analysis, synthesis, comparative legal, system- structural) were used in the research process. The analysis of the views of researchers on the issues and problems of the qualification of looting is given.
Results. The scientific article summarizes the prerequisites for the emergence and legislative consolida- tion of criminal liability for looting, a comparative legal analysis of the norms of foreign and Russian criminal legislation on responsibility for the crime under study is carried out, the basic rules of its quali- fication are systematized, shortcomings of the technical and legal construction of the criminal law norm are identified and ways to improve the criminal law are proposed.
Research implications. The article has theoretical and practical significance. The scientific statements contained in the materials of the article, as well as practical recommendations on the qualification of looting, can be used in the process of studying and teaching disciplines of the criminal law cycle, as well as in law enforcement practice.
ISSN 2949-513X (Online)