Abstract: Women comprise nearly half of world’s migration. They are particularly vulnerable, thus their rights, interests, and special needs must be protected. In the period from 2016 to 2018, the Russian Federation has become one of the active participants in the development of international acts on refugees and migrants, which contain provisions aimed at feminization of migration related issues. These acts are not legally binding; however, Russia along with other countries that have joined this initiative, conducts the activity on implementation of internationally ratified principles into the national legislation. The article provides the results of snap analysis of the federal acts adopted in the period of December 2018 – March 2021, which was performed for pilot assessment of the current state of Russian law from the perspective of gender sensitivity and presence of favorable conditions for solution of the problems pertaining to feminization of migration. It was essential to understand whether the effective normative legal acts “see” a migrant woman as a special legal phenomenon, and which specific characteristics and needs of women are reflected in these acts. The conclusion is made that the Russian legislation is currently of gender neutral nature. Other than a range of documents related to implementation of the National Strategy for Women 2017 – 2022, the gender sensitivity of federal acts is generally low. The documents included into sampling, for the most part reflect the specific biological characteristics of women, which determine their health needs, as well as the need for targeted social support due to childbirth and maternity leave. The analyzed international acts have a broader outlook upon the characteristics and needs of women in general and migrant women in particular than the Russian legislation (other than the National Strategy for Women).

DOI: 10.7256/2454-0706.2021.6.35763

Abstract: The subject of this article is the analysis of the approach of Russian legislator, which links the civil liability of a judge, arbitrator or the state (in accordance with Paragraph 2 of the Article 1070 of the Civil Code of the Russian Federation) with the criminal liability of a judge or arbitrator. The author also considers the following questions: the violation of victim’s right due to the actions of a judge or arbitrator; what would happen if a civil claim of compensation for damages is filed against a judge, arbitrator or the state prior to receiving a court verdict; what are the legal consequences of filing such “preliminary claim”; how to calculate the time allowed for filing a claim of compensation for damages caused to victims. The main conclusion of consists in the observation that the model selected by the legislator implies the creation of an institutional obstacle to compensation for losses caused in dispute settlement: the need for preliminary imposition of liability on a judge or. In this regard, the verdict of the court should not be considered as exclusive evidence of such an element of the tort as "guilt". The victim would not be able file claims for damages against a judge, arbitrator, or the state prior to receiving the correspondent court verdict, and the submitted claim should not be accepted for trial. Thus, the time allowed for filing a claim of compensation for damages starts from the moment of receiving a court verdict, which has entered into force against a judge or arbitrator.

DOI: 10.7256/2454-0706.2021.6.35799

Abstract: The subject of this research is the concept of activity – one of the semantic characteristics of conceptual legal realism. The latter is viewed as a certain paradigm or gnoseological strategy, which serves as the basis for the development of cognitive attitudes. Legal realism is often erroneously reduced to the regional and local schools and trends of the legal thought. However, the study of legal realism as a conceptual technique, which has different interpretation of one of the central and meaning-making themes in the history of legal thought, allows introducing significant clarifications into the understanding of realism in jurisprudence from the perspective of the history of its formation, as well as heuristic capabilities in modern legal science. Activity is viewed as one of the key characteristics of the realistic approach towards law, taking into account various interpretations of realism. The novelty of this research consists in examination of the problem of realism in jurisprudence and its fundamental semantic characteristics through the prism of conceptual approach. The problem of psychology of activity, which was actively developed by the Soviet philosophical-psychological school, is closely related to the development of realistic interpretations of law in the contemporary history of legal thought. The author substantiates the position that application of the construct on the differentiation of the objective meaning from subjective-personal sense in the area of cognition of law allows to critically reconsider such trends on the modern legal thought that position themselves as the varieties of legal realism, clarify possible directions in the development of realism in jurisprudence.

DOI: 10.7256/2454-0706.2021.6.35808

Abstract: The subject of this research is the relevant although poorly studied issued of neighborly relations in the Russian housing law. The authors set the goal to analyze the current legal regulation of neighborly relations in the housing sector, and substantiate the need for the development of the concept of neighborliness in the Russian housing law and legislation. Such concept aims to form the culture of living in a multifamily residential building, overcome excessive individualism that cultivates complete disunity of interests and indifference of neighbors to each other and to the fate of common property. The authors explore the problem of neighborly relations in the housing sector, viewing neighborship from two perspectives: as a social institution of the neighborhood community and as a behavioral standard of particular subjects – neighbors. The need for the development of the concept of neighborliness is substantiated. This fully corresponds to the historical path of development of neighborly relations in the housing sector and the objective pursued by the legislator –increase the responsibility and awareness of the housing owners. The concept of neighborliness is a product of the development of the doctrine and law enforcement practice in the sphere of neighborly relations, and should become a part of the new housing policy of the Russian Federation. The concept of neighborliness includes such elements, as objective, principles, functions, and boundaries of neighborliness.

DOI: 10.7256/2454-0706.2021.6.35790

Abstract: This article aims to prove the working hypothesis, as well as determine and analyze the peculiarities of the network model of open innovation activity in biomedical sector in the context of protection of intellectual property in Russia and abroad, based on examination of the real projects implemented within the framework of this strategy by the organizations (for example, Structural Genomics Consortium) and companies (Bayer, AstraZeneca, FabRx, Biogen, Vertex Pharmaceuticals). The article employs the methods of induction and deduction, formal and dialectical logic for revealing the benefits of network cooperation and open innovation strategy, which substantiates the objective need for the business strategies, methods and mechanisms for the production and protection of scientific information and results of intellectual property in the context of development of new technologies (such, blockchain), which are discussed in the article. The relevance, theoretical and practical importance of the conducted research lie in the fact that the network “open” and traditional “closed” methods of production of the new scientific knowledge have their merits and flaws that may influence the scientific progress and innovation-driven growth. The experience of foreign institutes, scientific centers, and companies can be valuable in seeking the answers to the analogous questions associated with the development, substantiation, and recognition of collaborations based on the open innovations of the Russian Federation. The results acquired by the author are also reflected in the ideas that in the sphere of biotechnologies, the projects implemented in within the open innovations strategy may have different configurations (domestic and supranational), however pursuing a single goal – to create a more effective specific therapy for various diseases, which would promote network collaboration, and by common consent, can be achieved via three vectors of research, while legal certainty and security can be ensured by blockchain technology.

DOI: 10.7256/2454-0706.2021.6.35788

Abstract: The discussion on application to law of the principle of adherence to the rule formulated in the works of L. Wittgenstein and S. Kripke has been going in the foreign theory of law since the late 1980s, and now has been joined by the Russian researchers. The article conducts a theoretical analysis and assessment of the positions and arguments expressed by the participants of this discussion, and sums up the results. The author examines the content of the principle of adherence to the rule in the philosophy of language, describes the methods of interaction between jurisprudence and philosophy, and problematizes the link between the principle of adherence to the rule in the philosophy of language and the subject of discussion. The work employs a wide variety of sources and philosophical concepts. The scientific novelty of this research consists in the following: 1) substantiation of the absence of link between the practical application to law of the principle of adherence to the rule raised in the discussion and the content of the principle of adherence to the rule in the philosophy of language; 2) description and analysis of the method of interaction of legal dogma and philosophy of language, the determining role that it plays in structuring the arguments of the participants in the discussion, as well as its defining role for the main outcome of the discussion – refusal to address the problem of adherence to the rule in legal dogma and legal practice; 3) determination of the importance of the principle of adherence to rule for the theory of law in the context of the ontology of legal norm.

DOI: 10.7256/2454-0706.2021.6.35631

Abstract: The object of this research is the legal relations arising in the context of implementation of the norms of criminal law of the Russian Federation that establish liability for repeated administrative offenses. The subject of this research is the practice of application the criminal law norms of the Soviet and post-Soviet periods that regulate the institution of administrative prejudice, and acts of interpretation of the Russian Constitution, in which the Supreme Constitutional Court of the Russian Federation deals with the problems of the use of separate articles of the Criminal Code of the Russian Federation that contain the norms with administrative prejudice, and parts of interrelation between the institutions of administrative prejudice and recurrence of offenses. The subject of this research is also justification of existence the institution of administrative prejudice in the national criminal law, main flaws in interpretation of the articles that describe the norms of the institution of administrative prejudice in the text of the Criminal Code of the Russian Federation. Taking into consideration all shortcomings in interpretation of the articles of the Criminal Code of the Russian Federation, the author offers unified definition of the composition with administrative prejudice. It is suggested to reintroduce the concept of recurrent offense in the General Part of the Criminal Code of the Russian Federation, taking into account the fact of administrative liability, outstanding criminal record, or criminal record that has not been expunged. The case if the legislator deems it necessary to take into account not identical, but homogeneous recurrence should be stipulated in the note to the article of the Special Part. The author also offers to include the Article 16.1 into the General Part of the Criminal Code of the Russian Federation in the following wording: “The repeated offense is considered an act committed by a person who has previously been subjected to administrative penalty for similar type of offense, unless stipulated otherwise in the corresponding articles of the Special Part of the effective Code”.

DOI: 10.7256/2454-0706.2021.6.35721

Abstract: This study is devoted to the implementation of the constitutional right of citizens to participate in the administration of justice in the Russian Federation. The relevance of the topic is seen in view of the continuing problems associated with the legal regulation of the mechanism for attracting citizens to such participation. The paper uses formal-legal, system-structural, predictive methods, as well as methods of analysis, synthesis, deduction, induction, dialectical method. The author examines the controversial issues related to the implementation of the constitutional right to participate in the administration of justice, the problems of its implementation by citizens of the Russian Federation at the present time.The novelty of the research is manifested in the identification of the main problems of the realization of the constitutional right of citizens to participate in the administration of justice, as well as in the author's proposals for their solution. In particular, the study analyzes the problems existing in the functioning of the institutions of arbitration and jurors, evaluates the proposals of the legal community on the possible expansion of the scope of jurors. The author comes to conclusions about the need to make adjustments to the legal regulation of the procedure for involving arbitration assessors in the judicial process, taking measures aimed at changing the attitude of citizens to participate in the administration of justice; about the need to make adjustments to the legal regulation of the procedure for the formation of a jury panel, the premature expansion of the jurisdiction of criminal cases to a court with the participation of jurors and the inexpediency of extending the scope of the activities of jurors in civil disputes.

DOI: 10.7256/2454-0706.2021.6.35678

Abstract: The subject of this research is the support measures provided by the government Russian Federation for self-employed citizens who fall under a special tax regime “tax on professional income” in the conditions of the spread of the new coronavirus infection (COVID-19). The experiment of implementation of a special tax regime and the adoption of measures to support self-employed population in the time of pandemic plays an important role for the Russian economy. Legalization of activity of the growing number of self-employed citizens is the indicator of awareness and the manifestation of legal culture of the Russian population, and support provided by the government testifies to their participation in well-being of the population. Successful accomplishment of the set task is reflected in the statistics – as of December 31,.2020, the number of self-employed population amounted to 1,603,638 persons, while in the beginning of the pandemic it was 563,722 persons across the Russian Federation. The authors determine the two types of state support measures: general measures for businesses and the self-employed; as well as special measures intended solely for the self-employed. The application of systematic, formal-legal, comparative-legal, and structural-functional methods, allows examining the state support measures for the self-employed within the framework of implementation of the economic function by the government. Analysis is conducted on the actual statistical data and recent amendments to the legislation. The scientific novelty and practical importance of this work lies in comprehensive examination of the key measures of provided by the government of the Russian Federation for self-employed citizens in the time of COVID-19 pandemic, as well as in comparative analysis with the measures provided in foreign countries. Special attention is given to the comparative analysis of state support measures in Russia and Germany.

DOI: 10.7256/2454-0706.2021.6.35709

Abstract: In recent years, the reforms of the educational system have become a pressing public concern. The subject of this research is the proposals of the political parties pertaining to school education. The article considers the election programs of political parties with the federal lists of candidates officially registered for the 2016 State Duma Elections. The author explores reference to the problems of public education in the election campaign, attitude of the parties to such topical aspects as the implementation of the Unified State Exam, social status and salary of the pedagogues, and future trends in the education reforms. With the exception of the “United Russia”, which noted a number of positive trends, the parties criticized the current situation in education. Most criticism was expressed towards drawbacks of the Unified State Exam procedure; therefore, the parties demonstrated different approaches – from its cancellation to modification. Instead of submitting new comprehensive proposals, the political actors suggested focusing on the Soviet system of education or the Russian system of education formed after 1991. The problem of school education will remain relevant in the next election cycle; however, the priority topic of discussion may change to distant education.

DOI: 10.7256/2454-0706.2021.6.33868

Abstract: This article is dedicated to the teachings of the Austrian medical scientist and naturalist Franz Josef Gall (1758-1828) on anthropology and human psychology. One of the key theses of Gall’s doctrine consists in the conclusion that the peculiarities of human anthropology and psychology manifest in various forms of social activity. According to Gall, the specificity of physiological processes in human body, peculiarities of personality development, and the intensity of external manifestation of personality traits are substantiated by the peculiarities of formation and subsequent development of separate parts and elements of the human brain. Developmental imbalances or existence of pathologies in the segment of the brain located above the ear canal of the human skull imparts a negative overtone on personality traits. In a worst-case scenario, this may lead to manifestation of such destructive qualities as a pathological lust for violence against animals and people, propensity for arson, and ultimately, homicide. Similar cerebral dysfunctions many have a significant impact upon sexual behavior of a person, and activate destructive qualities. The ideas of F. J. Gall on the influence of developmental imbalances or pathology of separate segments of the human brain upon the occurrence and manifestation of negative personality traits, are still used in modern research in the field of neurocriminology. Namely, the recent findings of American scientists, which are based on the methods of magnetic resonance and positron emission tomography, reveal substantial differences in the structure and functionality of separate segments of the brain of persons who committed murder or convicted of less grave offences.