DOI: 10.25136/2409-7136.2024.3.69861

EDN: GCQSGR

Abstract: The subject of this study is the concept of “political and legal ideal.” Guided by current statistical data and international research results, it is substantiated that the models of state development used in the world have turned out to be untenable. The consequence of this circumstance is the need for legal science to develop new approaches to improving social relations. A political and legal ideal can serve this purpose. Based on the study of legal doctrine and modern scientific works, the author has attempted to analyze the concept of the “political and legal ideal” and propose a possible way to construct it. The methodological basis of the work consists of a systematic approach, analysis, synthesis, dialectical method, eclectic method, formal legal method, and the method of state-legal modeling. Statistical and sociological methods are also applied to use factual data about society. The author’s unique contribution to the study of the topic is forming a new approach to understanding the political and legal ideal and its construction. When forming theoretical provisions that make up the content of the political and legal ideal, it is proposed to consider three groups of mandatory consistent patterns. The first and foremost group is characteristic of any state, the second is only for a group of states united by a common goal, and the third is patterns that are exclusive to a specific state. In addition, the content of the created model must reflect the immanence of contradictions in society and form a mechanism for their resolution. The approach presented by the author can serve as the basis for further improvement of the theory of the political and legal ideal, as well as contribute to the development of the most necessary effective legal solutions on the part of the state.

DOI: 10.25136/2409-7136.2024.3.70130

EDN: BASMAA

Abstract: The article analyzes the legal and organizational foundations of interaction between public authorities and people. Local self-government is considered as a modern and most important form of organizing the activities of people, since it is the type of public authority closest to the population and is designed to solve issues of local importance in a particular territory. The subject of the study is the problems of interaction between public authorities and people due to the fact that at the present stage in our country there is an urgent demand for direct participation of people in solving issues of local importance, since active participation of people in the field is necessary to solve national issues. The methodological basis was general scientific and special research methods: formal legal, systemic, comparative legal analysis. For example, the formal legal method made it possible to analyze the main forms of local self-government, and the comparative legal method helped to conduct a comparative analysis of the forms of direct implementation of local self-government and forms of public participation in the implementation of local self-government. The purpose of the work is achieved by identifying and analyzing current problems of interaction between public authorities and people. Result of the research that not all forms of interaction between public authorities and people are equally effective. Some of them are outdated. The article concludes that there is a need for priority interaction of public authorities with people to resolve issues of local importance, as well as that it is the forms of organization of people that are the primary link in relations with the state. The authorities need to involve people in the development of territories and solving problems, interacting in various forms and implementing the most successful practices of the regions everywhere.

DOI: 10.25136/2409-7136.2024.3.69809

EDN: HMQAFA

Abstract: The subject of this study is the normative legal provisions of the application and functioning of baby boxes on the territory of various states. The object is the social and legal justification of the need in the modern world for the use of baby boxes in the context of the implementation of the constitutional principle of the child's right to life. Article 3 of the Universal Declaration of Human Rights enshrines the inalienable and inalienable right of every human being to life, and, of course, this requirement fully applies to every child. Moreover, the principle has been proclaimed at the international legal level, according to which the child is the exclusive object of protection by any state in the world and society: for example, in part 2 of Article 25 of the Universal Declaration of Human Rights it is enshrined that infancy and childhood give the right to special care and care. The methodological basis of this study is represented by a set of such methods of scientific cognition of objective legal reality, applied during preparation and writing, as: comparative analysis, as well as the formal legal method. In addition, the methods of scientific cognition of objective legal reality used by the author also include the logical method, system-structural analysis, and the method of legal modeling. The author analyzes the main social and legal reasons for the emergence and spread of the practice of using baby boxes in a number of foreign countries and in certain regions of Russia. Ambiguous points of view on the need for legal regulation and practice of using baby boxes in Russia are also presented today at the doctrinal level: some authors talk about the expediency and effectiveness of their use, others note their uselessness and insecurity, pointing to the existence of other mechanisms for voluntary parental abandonment of newborn children established by law. In the course of the analysis, the author presents the reasons for the need to introduce the practice of using baby boxes both in the Russian Federation and in other countries, and as a result, this entails the need for legislative regulation of the relations in question.

DOI: 10.25136/2409-7136.2024.3.69995

EDN: HJSKNK

Abstract: The subject of this study is the key features of the perpetrators of crimes against road safety, the legal construct of which is made using administrative law. The special status of persons committing crimes of this kind is emphasized by gross disregard for the rules established by law, disregard for the regulations in force against them. Based on the analysis of statistical indicators of road traffic accidents caused by drivers of vehicles, the public danger of committing such criminal acts is justified. These acts imply the onset of criminal consequences only if the person who committed them has special features. The emphasis in this case is on the increased danger of the subjects themselves committing intentional violations of traffic rules, referring them to the malicious type of violators with legal nihilism. To define the concepts of this study, a dialectical methodology was used; in order to comprehensively understand the key features of subjects of crimes with administrative prejudice in the field of road safety, elements of sociological methodology were used. In the study of individual issues, private scientific methods were used, such as formal legal and comparative legal. The results of the conducted research are presented by the classification of signs possessed by the subjects of crimes with administrative prejudice in the field of road safety, their characteristics are given. The connection between the administrative prejudice and the subject as an element of the corpus delicti is substantiated, which, first of all, is justified by the assessment of the social danger of the offender and the choice of a preventive measure commensurate with the social danger of the offender. An important role in assessing public danger is played by determining the psychological portrait of the person who committed the crime, which covers the chronology of his administrative offenses and the frequency of violations of the same prescription. Based on the data obtained about the subject of the crime, the principles of proportionality of punishment and personal responsibility are implemented. In this case, these principles imply the influence of administrative prejudice on the fair distribution of sanctions, and previous administrative offenses aggravate the responsibility of the person.

DOI: 10.25136/2409-7136.2024.3.69721

EDN: DFVUUJ

Abstract: Entrepreneurship in the general consciousness can be represented as the most ancient and natural institution of society for humanity. Legislative regulation of such a significant social institution was only a matter of time. Rapidly changing historical conditions radically changed both society and the state; legislation, as a superstructure, underwent modernization in accordance with changing realities, which led to the formation of some legal rudiments that migrated from earlier norms of law. This article examines the criminal law norms of Russian law that establish responsibility for committing crimes in the field of business activity, the main or qualified elements of which include such a sign of the subjective side as “selfish interest”. In the context of this study, selfish interest is analyzed as one of the main crime-forming factors of some articles of the Criminal Code, while in other norms of law the attribute in question is only implied in absentia when qualifying unlawful acts committed. The author used both theoretical and empirical methods of cognition when considering existing criminal law norms and their practical use in modern realities. Based on the results of the analysis, the author comes to his own conclusion that the appropriateness of the presence of the above feature in the criminal law in the form in which it currently exists should be questioned. The author provides arguments and evidence of reasons to doubt the generally accepted point of view based on the very nature of entrepreneurial activity and its correlation with self-interest. Based on the collected data presented in this article, the author has identified and discussed possible shortcomings of the current criminal law, expressed in the presence of a designated sign of the subjective side of crimes enshrined in many articles of the criminal code.

DOI: 10.25136/2409-7136.2024.3.69803

EDN: CRIPER

Abstract: One of the vulnerable and unprotected groups of the population are persons with health problems with persistent disorders of body functions, leading to limitations in life activity and necessitating their social and legal protection. Often such persons are chosen by criminals as victims due to their defenseless or helpless state, which does not allow them to resist or makes their property accessible to third parties. The analysis of criminal cases revealed some personality traits of the criminal who chooses disabled people as victims, and also identified three groups of crimes, the commission of which has the specificity of choosing a victim with physical or mental disabilities. These are crimes of violence, crimes against property and corruption. The personality characteristics of the criminal have common characteristics in the case of crimes committed against such a category of victims in everyday life, or who chose the victim immediately before committing the crime, realizing the impossibility of proper resistance or protection of their property. A thorough analysis of each category will allow us to develop appropriate individual preventive measures. Considering the importance of protecting people with disabilities, the peculiarities of their legal status and health status, we consider it important to develop a separate interdisciplinary area of criminology - victimology of the disabled.

DOI: 10.25136/2409-7136.2024.3.70015

EDN: CMSVQT

Abstract: The subject of the study is the types and forms of criminally punishable sexual violence against children available in the legislation of the United States of America, Canada and the United Kingdom. The author examines in detail the descriptions of the circle of persons who may be subjects of sexual acts with minors, enshrined in various legal norms of these countries. Their comparative characteristics are carried out, positive trends that can be implemented in the criminal legislation of the Russian Federation are identified. The concepts of "statutory rape" and "age of sexual consent", unknown to the Russian legal doctrine, are considered. The issues of compensation for harm caused to minors who suffered from sexual acts are investigated. Based on the dialectical method of cognition of the surrounding reality, the study is based on a comparative analysis of the provisions of US criminal law on the example of legislative acts of various states, Canada and the United Kingdom on combating child sexual abuse. The main conclusions of the study are: the legislation of the Anglo-Saxon countries recognizes various types of sexual violence against minors as acts of special public danger: the severity and effectiveness of punishment for these acts are quite high; The degree of elaboration of definitions concerning sexual crimes is more extensive and detailed, fixed in the norms of criminal legislation. Legally, the concepts are given and the measure of responsibility for such actions with minors as incest, sodomy, pederasty, oral copulation is defined, the pitchforks of obscene or lascivious actions and a number of others are described in detail. The additional civil liability of an adult who has had sexual intercourse with a minor in the form of monetary compensation deserves attention. The legislation of foreign countries is able to enrich the domestic norms of the criminal code in the case of the implementation of certain substantive provisions.

DOI: 10.25136/2409-7136.2024.3.70234

EDN: CGJRIZ

Abstract: The subject of research in this article is the regulations and theoretical ideas about compensation for harm caused to a citizen’s health as a result of adverse environmental impacts. The purpose of the study is to create doctrinal conditions and develop proposals for the development of civil legislation aimed at ensuring compensation for harm caused by damage to health in the environmental sphere. As a result of the study, it was proved that in order to ensure real compensability of harm to health in the environmental sphere, the presumption of environmental danger of certain types of economic activity should be accompanied by the legal establishment of an irrefutable presumption of the origin of physical harm from adverse environmental impacts, based on available knowledge about the causes and symptoms of environmentally caused diseases (medical criterion), whether the victim belongs to a risk group based on living or working in the contaminated area (legal criterion). However, the author does not limit himself to justifying the need to introduce this presumption, but proposes a set of measures for the accompanying development of legislation. It is noted that the irrefutable presumption of the origin of physical harm from adverse environmental impacts must be accompanied by the establishment of an obligation of business entities to create conditions for the implementation of non-tort forms of compensation, alternative to insurance compensation within the framework of liability insurance. In this capacity, agreements on the distribution of risks can act, the terms of which provide for the creation of a quasi-insurance public benefit fund, payments from which will repay obligations to victims in an amount that allows taking into account the loss of ability to do paid work, the need for outside care, etc.

DOI: 10.25136/2409-7136.2024.3.70140

EDN: CHEYOY

Abstract: The early termination of the powers of deputies of representative bodies of municipalities as a measure of anti-corruption security has a high preventive potential. However, law enforcement practice indicates that deputies of representative bodies of municipalities abuse their rights, which is expressed, in particular, in avoiding the application of a measure of early termination of powers in relation to deputies who violated anti-corruption legislation. The current situation is largely determined by the consolidation in legislation of the exclusive competence of the representative body of the municipality to make a decision on the early termination of the powers of a deputy. There are often cases when, if there are grounds for early termination of the powers of a deputy due to a clear violation of the provisions of anti-corruption legislation, a representative body applies a less severe measure of responsibility or does not apply any measures at all.  During the research, the author used the general scientific method of dialectical cognition, as well as private scientific methods: system-structural, formal-logical (deduction, induction), etc. According to the results of the study, the author came to the conclusion that one of the ways to solve the current situation is the legislative consolidation of the early termination of powers of a deputy of a representative body of a municipal formation in court. The Judicial Board for Administrative Cases of the Supreme Court of the Russian Federation in one of its rulings pointed to the possibility of early termination of the deputy's powers in court. At the same time, the question remains open about the need for a subsequent decision on the early termination of the powers of a deputy by a representative body, by virtue of the exclusive competence assigned to it by law, if the powers of a deputy were terminated prematurely by a court. The legislative consolidation of the measure in question in court will resolve existing issues about "judicial activism" and increase the effectiveness of its application.