DOI: 10.7256/2454-0706.2019.3.28996

Abstract: The subject of this research is the manifestations of digital inequality, neglect of which can lead to distortion of feedback between the state and society in the process of rapid digitalization of various mechanism of their interaction. Particularly, the structure of offline and online society in Russia, as in the rest of the world, differs by many parameters. It is demonstrated that even though the phenomenon of digital inequality is well known and actively researched throughout the world, de facto its impact is not considered in government projects aimed at stimulating political participation on the basis of platform relations. For the first time, the author raises the question on the need for better study of the phenomenon of digital inequality in Russia in the context of the impact of its effects upon the quality of establishment of e-democracy and mechanisms of feedback between the government and society. Neglecting this factor in the conditions of rapid digitalization of public policy increases the risks of discrimination of interests of various social groups, development of digital ochlocracy, as well as other negative phenomena.

DOI: 10.7256/2454-0706.2019.3.29235

Abstract: The subject of this work is the peculiarities associated with inheriting stock in a company. Within the framework of this research, author attempts to determine and examine the issues affecting citizens of the Russian Federation, who inherited stock in partnerships and organizations, artels, poorly and vaguely regulated in civil law that regulates this sphere of public relations. Special attention is also given to the point of transfer of stake in a company to the heirs through inheriting stock. Based on the conducted research, the author comes to a conclusion that one of the key peculiarities in exercising preemptive rights in inheritance is the option for the heir to receive a lump sum of money or property as the inheritance. The novelty of this research consists in the legal assessment of the peculiarities of exercising preemptive right by the heirs in business sphere. Realization of the following principles are reviewed: good faith, universal succession, freedom of choice of the heirs. The author underlines the need for modification of the legal framework that regulates inheritance, and transfer of various types of objects of commercial organizations. The legal ways of solution with regards to inheriting a relatively new commercial organization, such as economic partnership, are proposed.

DOI: 10.7256/2454-0706.2019.3.22937

Abstract: The subject of this research is the penal characteristics of an individual sentenced to imprisonment. The object of this research is the social relations emerged in the process of determining penal characteristics of an individual sentenced to imprisonment. The goal is to conduct a comprehensive analysis of penal characteristics of a convict and suggestion of solutions to the problem in the indicated area of scientific knowledge. The main objectives of the study are: definition of the concept of penal characteristics of a convict; consideration of various approaches of penal law scholars towards the problem of penal characteristics of a convict; suggestion of the original model for determining penal characteristics of a convict. In the course of this research, the author develops the conceptual theoretical model of penal characteristics of a convict, which carries an applied character and can be used in taking a special census of convicts sentenced in 2018-2019. The obtained conclusions can be valuable for the employees of correctional facilities of penal system, as well as further scientific research on the topic.

DOI: 10.7256/2454-0706.2019.3.28971

Abstract: The object of this research is the social relations with regards to criminal legal regulation of composition of crime stipulating liability for acquisition, storage, transportation, processing for the purpose of sale and sale of timber that is known to have illicit origin according to the Article 191.1 of the Criminal Code. The subject of this research covers the norms of the current Russian legislation establishing legal and administrative liability for illegal trade of timber, as well as norms of Russian legislation pertaining to other regulatory branches of law, and decrees of the President of the Russian Federation. The goal of this work lies in studying the details of the content of the Article 191.1 of the Criminal Code, and conducting comparative analysis of the norm of criminal law stipulating liability for acquisition, storage, transportation, processing for the purpose of sale and sale of timber that is known to have illicit origin, as well as the norms of administrative law that regulate similar situations. The research allowed determining the distinctive elements of the compositions, which in turn allows the law enforcer to properly qualify the acts and justly establish responsibility. The scientific novelty consists in the fact that the Article 191.1 of the Criminal Code of the Russian Federation is fairly new within the legislation, which is one of the key reasons for lack of scientific research and low effectiveness of practical implementation of this norm.

DOI: 10.7256/2454-0706.2019.3.29210

Abstract: The subject of this research is the legal presumptions as the means of legal technique used in criminal law. The author carefully examines such legal presumption, which significantly influences the application of criminal law standards, as presumption of knowledge of the criminal law underlying the principle “ignorance of the law is no excuse”. The article reviews a controversial question on its disputability, and thus, possible consideration as the legally significant circumstance of the ignorance of a person with regards to the content of criminal law (legal error). The scientific novelty consists in the description of situation, in which it is reasonable to admit the legal error, associated with the ignorance of criminal law, as a mitigating circumstance. The main conclusion establishes the need to exonerate individual for harm caused without clearly seeing the illegality of their action, if the norm of the Special Part of the Civil Code of the Russian Federation contains direct requirement of prior knowledge of their illegal nature, or if the individual had reasonable and sufficient basis to believe that the law makes a specific statement (not corresponding with reality) and the individual base their actions with the limitations of law within their understanding thereof.

DOI: 10.7256/2454-0706.2019.3.28995

Abstract: The subject of this research is the means of counteracting price manipulations in corporate procurement. The author examines the possible risks of reducing competitive environment in corporate procurement, as the portion of the latter in overall cash flaw in this sphere in Russia is quite significant. Entering into civil law relations, both, the procurers and bidders are not immune from possible violations of their rights with regards to conducting procurements. The author attempted to answer the question: how to avoid or minimize the potential losses from unjust acts. The relevance is substantiated by the need for introducing certain legal regulations into the legislation of the Russian Federation  for managing legal relations in application of the Federal Law No. 223-FZ of July 16, 2011 On Procurement of Goods, Works and Services by Certain Types of Legal Entities”. The author analyzes the statutory provisions that regulate procurement process, as well as proposes a number of solutions aimed at filling the gaps in legislative acts and harmonization of national legislation with the international legal standards regulating this branch of the economy.  

DOI: 10.7256/2454-0706.2019.3.29071

Abstract: The object of this research is the bank guarantee within contract system. The subject is the quality of an independent bank guarantee in contract system used in the process of realization of the provisions of civil law and Law on the Contract System. Particular attention is given to the correlation between the norms of private and public law, as well as the characteristics of accessory nature of obligations and independent bank guarantee. The author analyzes case law and issues emerging in legal enforcement of the independent bank guarantee, as well as gives recommendations to public (municipal) procurers. The main conclusion lies in the fact that despite the extension of independent guarantee through introducing amendments to Clause 6 of the Chapter 23 of the Civil Code of the Russian Federation, absolutization of obligations of a guarantor is impossible. The author emphasizes the elements of ties between the guarantee and primary obligation, as well as concludes on its substantial manifestation within contract system.

DOI: 10.7256/2454-0706.2019.3.29054

Abstract: The object of this research is the social relations established in the process of realization of the government strategic goals, aimed at the development of human potential and ensuring economic security of the Russian Federation. The subject of this research is the separate provisions of the Strategy of Economic Security of the Russian Federation until 2030, approved by the Presidential Decree No. 208 of May 13, 2017, with regards to determination of objectives of state policy aimed at the development of human potential for the purpose of ensuring economic security. The author covers a wide range of regulatory legal acts concerning the implementation of the aforementioned strategic goals. The novelty is defined by insufficiency within the modern scientific literature of the works dedicated to comprehensive analysis of the state policy objectives aimed at the development of human potential, established by the Strategy of Economic Security of the Russian Federation until 2030, as well as the absence of studies on the process of their implementation. Based on the conducted research, the author concludes on the strong results achieved in realization of the addressed objectives. At the same time, the author notes certain difficulties related to reduction of poverty and income inequality of population. Emphasis is made on the insufficient attention paid to healthcare and cultural environment as the factors influencing the development of human potential.

DOI: 10.7256/2454-0706.2019.3.29167

Abstract: The subject of this research is the right of a working woman to monthly childcare allowance for children under the age of 1.5 as a vital opportunity in labor sphere, due to unavoidable decrease in work capacity and income with simultaneous increase in household expenses immediately following birth of a child. These circumstances require a special legal protection. The authors examine the relevant issues of passing corresponding legislation, as well as legal doctrine and case law. An original periodization of the stages of legislative consolidation of this right is proposed. The article determines the issues in legal regulation, particularly the inadequate amount of allowance, considering the increase in additional household expenses and temporary inability to work due to maternity leave. The author review the approaches towards finding balance between the interests of employees-insurers, insured parties, insurer and the government. The need for introducing corresponding amendments into the legislation is substantiated.

DOI: 10.7256/2454-0706.2019.3.29206

Abstract: This article explores the federal and regional mechanisms aimed at legal support of indigenous minorities of the North. The relevance of this topic is substantiated by the isolated living of indigenous people and multiple unresolved issues associated with preservation of ethnic peculiarities, including the questions of legal regulation of their activities. The goal of the work lies in assessment of the legal support mechanisms for indigenous peoples of the North as the government assistance to the development of traditional economy, and prevention of criminal behavior among this population group. The authors conclude that the applied mechanisms for maintenance and preservation of cultural heritage of indigenous minorities of the North are somewhat tentative, carry signs of formalism, and testify to the incomprehensive study of the problem, including from the perspective of criminal law. There is a likelihood of ethnic separatism among the indigenous population. Based on the detected problems, the authors formulate recommendations on improving the existing mechanisms of legal support of indigenous peoples, as well as suggest the new legal solutions.