DOI: 10.7256/2454-0595.2020.4.32596

Abstract: This article makes an attempt to describe the peculiarities of regulation of urban development decisions and management in the sphere of urban development, as well as determine contradictory mechanisms of protection of the rights of landholders through restitution for damages in terms of modification of a number of urban development documents. The subject of this article is the theoretical and legal grounds of the activity of prosecutorial authorities in supervising the execution of laws in the sphere of urban development. The object of this research is the legal relations established in the process of organization and realization of prosecutorial supervision in the indicated sphere. The goal consists in the analysis of correspondence of legislation in the sphere of urban development based on the existing theoretical provisions of organization and realization of prosecutorial supervision. The author used the method of analysis of the documents and official materials, determination of peculiarities in the area of land management and urban development, taking into account normative regulation of the documents of land use planning. The scientific novelty consists in the proposed formulation of substantiated recommendations on the unified legislative regulation of the questions of restitution for damages to landholders as one of the mechanism of protection of rights of the proprietors in terms of modification of a number of urban development documents. It is underlined that the prosecutors should account the shortcoming made by the authorities of urban development administration in implementation of the functions on elaboration of the documents of land use planning. The author gives recommendations to the prosecutors that can be applied in evaluating the lawfulness of such documents. In conclusion it is noted that despite the dynamic development of Russian legislation, there is currently no effective means for protection of rights of the landholders in terms of modification of the documents of urban development zoning, which acknowledges the need for further improvement of legislation in this sphere.

DOI: 10.7256/2454-0595.2020.4.32727

Abstract: The object of this research is social relations emerged on the basis of administrative-legal norms, which regulate the aggregate of administrative offences. The subject of this research is the scientific literature, normative legal acts and law enforcement practice related to the concept of the aggregate of administrative offences. The author examines approaches of the scientists of various law schools to the concept of aggregate of administrative offences, its development and transformation in time. The author indicated the flaws in the current administrative legislation in part of the absence of legislative consolidation of the concept of “aggregate” of offence, which results in occurrence of a number of problems. The article explores the legal norms that regulate aggregate of offences in administrative legislation of the Russian Federation. A comparative analysis is conducted on consolidation of the aggregate of offences in administrative and criminal law. The scientific novelty is defined by upcoming changes in administrative legislation. This is the reason why improvement of the Code of Administrative Offences of the Russian Federation with regards to regulation of the question of the aggregate of administrative offences gains more relevance. A conclusion is made on the need for establishing in law the unified detailed definition of the “aggregate” of administrative offences, which would allow ensuring more effective application of legal norms. A need is also underlined for the need of legislative consolidation of such feature of offences that are a part of the aggregate as “absence of bringing to accountability for earlier commission of an unlawful act”.  

DOI: 10.7256/2454-0595.2020.4.32701

Abstract: This article analyzes the concepts of foreign policy enacted over the period from 1993 to 2016 as the goal-setting documents of foreign policy that greatly impact the policy-making process in the Russian Federation in the area of international relations. The author examines different approaches towards definition of the term “concept” given in the national and foreign sources. A technical-legal analysis of consolidation of the foreign policy concepts of 1993, 2000, 2008, 2013 and 2016 is carried out. The modern achievements of the theory of cognition comprise the methodological framework for this research. The general philosophical, theoretical and empirical methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, and modeling) were also applied in the course of study. The author determines contradictions in the order of confirmation, publishing and cancellation of the effect of foreign policy strategy from 1993 to 2016; as well as gives recommendations on unifying the approach  towards technical-legal order of acceptance of foreign policy concepts for the purpose of formulation of universal rules for acceptance of doctrinal documents.

DOI: 10.7256/2454-0595.2020.4.32750

Abstract: The subject of this research is the legal norms and law enforcement practice in the area of social security of civil servants trough implementation of insurance mechanism. The object of this research is insurance as a special organizational-legal form of social security of the citizens. A detailed analysis is conducted on the various forms and types of insurance (compulsory and voluntary, social and state), offered by a legislator in social security of this category of employees. Special attention is given to the compulsory state social insurance, its legal nature, peculiarities of medical insurance of civil servants. The scientific novelty consists in carrying out a summarized analysis of the development and current state of legal regulation and law enforcement practice on the questions of establishment and implementation of insurance mechanisms of social security of civil servants. It is determined that the right of civil servants to social security is exercised mostly through implementation of  various forms and types of insurance mechanisms of heterogeneous sectoral nature. The compulsory state social insurance is envisaged only with regards to civil and municipal servants, and represents a subtype of compulsory social insurance. There is a need for legalization of this concept by means of introduction of corresponding amendments to social-insurance legislation. Compulsory state insurance also has the key features of social-security relations, which allows viewing it as one of the organizational-legal forms of the system of social security. The author suggests regulating the question of insurance coverage of civil servants on the federal level in case of infliction of harm to their life and health while on service, as well as pass a law on medical insurance of public servants.

DOI: 10.7256/2454-0595.2020.4.32878

Abstract: The object of this research is the legal relations emerging in regulation of critical information infrastructure with regards to ensuring information security of the financial-banking sector of the People’s Republic of China. Characteristic is given to the Law on Cybersecurity, acting and developing draft bills of the People’s Republic of China in the area of security of critical information infrastructure. The author examines the peculiarities of regulation of relations in the sphere of critical information infrastructure and their role in ensuring cybersecurity of financial-banking sector. Factors affecting formation of the national mechanism of ensuring security of critical information infrastructure are determined. For the purpose of acquiring most accurate scientific results, the author applies legal-dogmatic approach, hermeneutic and synergetic methods of scientific cognition. Despite the numerous existing and developing sources of legal regulation of critical information infrastructure, the normative mechanism of ensuring its security is characterized by interrelatedness, and reflects overall character of the regime of China’s digital policy. The Law on Cybersecurity of the People’s Republic of China establishes the general norms, as well as draft bills – special norms; and the standards contain high-tech methodical recommendations that allow clarifying possible ambiguity of general and special norms. However, even within the limits of this mechanism is observed a partial overlap of responsibilities, including in the financial-banking sector, which complicates the process of identification of objects and determination of subjects of critical information infrastructure. Establishment of the mechanism is also perplexed by the need of simultaneous achievement of goals in the spheres of national security and economy, particularly in opposition during talks with the United States, which promotes policy of economic expansion onto China’s market, using tariff and nontariff measures as the levers of pressure.