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Genesis: Historical research
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Publications of Pletnikov Viktor Sergeevich
Legal Studies, 2023-5
Pletnikov V.S. - Protection of wildlife sites: individual legal constructions and models of their implementation (regional features) pp. 12-23

DOI:
10.25136/2409-7136.2023.5.40787

Abstract: The author focuses on the fact that the normative legal structure is implemented within the framework of various models. Moreover, every model that has developed in practice has the right to exist, of course, with the exception of defective models (including those recognized as such). Close attention is paid to the peculiarities of the application of certain legal constructions due to the models of its implementation (Articles 258 of the UKRF, Articles 7.11 and 8.37 of the Administrative Code of the Russian Federation). Special attention should be paid to the generalization of the practice of applying norms that ensure the protection of wildlife objects in the regions of Russia. At the same time, the emphasis is placed on those norms that are implemented depending on the region. The analysis, comparative research, as well as the legal and technical method used to prepare the text of the article, allowed us to formulate conclusions and recommendations aimed at solving problems arising in the field of protection of wildlife objects, both for employees of the bodies of inquiry and for supervising prosecutors. In particular, in order to give uniformity to legal practice, the implementation of legal construction strictly within the framework of a single model, it is necessary: 1) the legislator should pay close attention to the quality of the legal structure being formed; 2) to oblige the subject with the right of official interpretation, in case of occurrence of various models of implementation of the normative establishment, with a certain periodicity, to prepare materials explaining the content; 3) police officers should be guided by the explanations contained in the acts of interpretation; 4) in the extraction of hunting resources without permission and without the person in whose name the permit was issued, the act must be considered illegal hunting; 5) it is necessary to strengthen control by supervising prosecutors over the content of the decisions issued on the refusal to initiate criminal proceedings, on the initiation of criminal cases and the suspension of criminal proceedings, on the facts of illegal hunting.
Genesis: Historical research, 2021-10
Pletnikov V.S. - The Constitution of “developed Socialism” as an instrument of political-legal construction of reality pp. 19-27

DOI:
10.25136/2409-868X.2021.10.36551

Abstract: This article discusses the quality of constitutional-legal regulation and nature of the state of “developed socialism” based on comprehensive analysis of the text of the 1977 Constitution of the Soviet Union. The subject of this research is the target points enshrined in the Basic Law of the country and used for construction of the essential, institutional, functional-activity, normative-regulatory, and effective principles of the model of the state of "developed socialism". Such material allowed classifying the objectives specified in the 1977 Constitution of the Soviet Union, and determining the integrity of target-setting of the legislator in terms of state-building at the new stage of development of Soviet society. Using the model of the state as an instrument for cognizing state-legal life tailored to the needs of goal-setting of human activity, it is concluded that the 1977 Constitution of the Soviet Union is not qualitative instrument that ensures state-legal development of the country. A range of goals stated stipulated in the Basic Law of the country of 1977 duplicate similar provisions enshrined in the 1936 Constitution of the Soviet Union, and do not reflect the needs of the state of “developed socialism”. In view of the progressive goal reflected in the preamble of the 1977 Constitution, it has turned into the instrument of political-legal construction of reality.
Genesis: Historical research, 2020-11
Pletnikov V.S. - Draft Constitution of the “Thaw” period: historical-legal analysis pp. 48-65

DOI:
10.25136/2409-868X.2020.11.34331

Abstract: The author discloses details of the work of the Constitutional Commission on the new Constitution of the Soviet Union in the period from 1961 to 1964. The list of members of the Constitutional Commission, persons responsible for the formation of constitutional values at the initial stage of building a communist society, and their reassignment to subcommissions is published for the first time. On the example of the activity of the subcommission on the questions of “Public administration, activities of soviets, and nongovernmental organizations”, the author describes the organizational aspects of its work and the nuances of functionality. Assessment is given to the organizing role of apparatus of the Presidium of the Supreme Soviet of the USSR with regards to elaboration of a number of articles for the new Constitution, through the prism of the form and content. The article leans on the materials preserved in the State Archive of the Russian Federation (Fund 7523. Register 131). The presented material is the result of summary of archival research previously not available to the broad academic community. It allows you to debunk the myths that developed after publication of some works and memoirs on the topic. The article illustrates the contribution of staff members of the Presidium of the Supreme Soviet of the USSR and a researchers to the creation of the first constitutional framework of the establishing communist society. The author also lists the actors who made considerable contribution to the development of basic constitutional values.
Genesis: Historical research, 2020-7
Pletnikov V.S. - Formation of the model of state of the whole people in Soviet constitutionalism pp. 25-38

DOI:
10.25136/2409-868X.2020.7.33555

Abstract: The analysis of sources of ideological and normative character demonstrates the process of formation of perception on the state of the whole people within the Soviet legal science and practice. The boundaries of this research are defined through correlation of the concepts: image – model – theory. This allows focusing attention on the significant, system-forming sources of legal knowledge that emerged in the period of 1947-1964, rather than paying attention to separate mentions regarding the need for building the state of the whole people. The theory of the state of the whole people started to develop after L. I. Brezhnev came to power. The author determines the stages in formation of the model of state of the whole people, which were passed by the Soviet State in its development. The three stages in formation of the model of state of the whole people with their legal peculiarities and forms of manifestation were highlighted: - The first stage is associated with the development and preparation of the draft program of the All-Union Communist Party Bolsheviks in 1947; - The second stage is characterized by adoption of the program of the Communist Party of the Soviet Union in 1961; - The third stage is associated with the process of drafting the Soviet Constitution of 1964. Formation of the model of state of the whole people enables formation of the theory of state of the whole people, implemented with adoption of the 1977 Constitution of the Soviet Union.
Genesis: Historical research, 2015-5
Pletnikov V.S. - Discretion as one of the factors of state legal structuring and administration pp. 269-278

DOI:
10.7256/2409-868X.2015.5.16268

Abstract: In the introduction the author examines such aspect of the topic as the level of scientific development of the category of “discretion”. Later the author concentrates on the historical and modern examples of discretion related to the questions of state legal structuring and administration. A special attention is given to the public law, including the issues of discretion within the private legal relations. The main part of the research is completed with the demonstration of the issues of discretion pertaining to the questions of serving in military and law enforcement, as  two types of service that are subject to the effect of the unrestricted discretion. Among the main conclusions are the following: 1) category of “discretion” in the area of public legal relations did not receive a corresponding scientific and theoretical conceptualization; 2) discretion, depending on its nature, can have various manifestations; 3) in most cases, the processes taking place within the state legal structuring and administration in the past, as well as in the modern Russia, are predetermined by the discretion of  a particular individual, endowed with certain authorities, usually of state power.
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