Legal Studies - rubric Human and state
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Human and state
Borisova A.S. - The right to religious feelings: juridical aspects of the protection of believers pp. 1-19

DOI:
10.7256/2409-7136.2015.8.15430

Abstract: The subject of the research is a comparative analysis of the approaches of the European Court of Human Rights, the Parliament Assembly of the Council of Europe and the Venice Commission to the notion “religious feelings” and the level of a necessary government protection. Special attention is paid to the notion of “religious feelings” and the possibility of legal definition of this notion; the author assesses the compliance of the article 148 of the Criminal Code of the Russian Federation about an insult to the religious feelings of the believers with the European standards from the aspect of legal certainty. The author uses the comparative-legal and the formal-logical methods, the methods of analysis and synthesis. The author concludes about the impossibility of normative legalization of the notion “religious feelings”. The author substantiates the need for a clear distinction between fomentation of hatred and enmity on religious grounds and the insult of feelings of believers including blasphemy and sacrilege and the reasonability of decriminalization of the “insult of religious feelings of believers”. 
Chornovol E.P. - Periodization of evolution of the rehabilitation of the victims of political repressions as a legal institution, a process and a theory pp. 1-94

DOI:
10.7256/2409-7136.2015.11.1670

Abstract: The subject of the research is the range of problems of definition of periods of the formation and development of a political institution, a process and a doctrine of the rehabilitation of the victims of political repressions. Special attention is paid to such aspects of the topic as the initiation, the ways and the goals of the rehabilitation of the victims of political repressions in Russia in the Soviet, the post-Soviet and the contemporary periods of history; the revelation of its character; the legitimation of the forms of rehabilitation by the law, and the reflection of the essence of the rehabilitation of the victims of political repressions in the legal doctrine. The author studies the social and legal phenomena of a legal institution, a process and a theory of the rehabilitation of the victims of political repressions from the positions of dialectical materialism.  The author takes into account the political factors and the practical actions of the state in the period from March 1935 till the present time, and depicts the process of the rehabilitation of the victims of political repressions as a model of a sinusoid which reflects its dialectics in line with the decisions of the Communist Party of the Soviet Union and the adopted legal acts of the Soviet period or the legal acts of Russia of the post-Soviet period in compliance with the change of the mentality of the country’s political regime and the international situation.  The author outlines eight stages of the historiography of development of the legal institution of the rehabilitation of the victims of political repressions, taking into account the legitimation of its norms in the particular legal acts whose regulations define and extend the categories of the rehabilitated subjects and establish the extended guarantees of their rights protection. The author studies the essence of the concepts of rehabilitation proposed by the scholars with consideration for the dependence of the Russian historiography on the socio-political situation in the country and the needs of information support of these processes whose essence and orientation had been defined by the Soviet party and government and the bases of deideologizing  in the post-Soviet period, and outlines three periods of theoretical understanding of the rehabilitation of the victims of political repressions. 
Fedotova Y.G. - The limitation of rights and freedoms of citizens and organizations in the interests of protecting the constitutional order and ensuring the state’s defense and security pp. 1-18

DOI:
10.7256/2409-7136.2015.12.1703

Abstract: The article is devoted to the legal limitation of rights and freedoms of citizens and organizations in the interests of protecting the constitutional order and ensuring the state’s defense and security. The author describes the nature of the modern military threats, demonstrates the need for citizens’ participation in ensuring the state’s defense and security in order to combine the efforts of the state, the society and the person, aimed at protecting the Russian Federation, and defines the meaning of the limitation of rights and freedoms in the interests of protecting the constitutional order and ensuring the state’s defense and security as the element of the legal status of citizens and organizations. The author analyzes the concept and the content of the limitation of rights and freedoms of citizens and organizations in the interests of protecting the constitutional order and ensuring the state’s defense and security. The author proposes the scientific approach to defining the limitation of rights and freedoms of citizens and organizations in the interests of protecting the constitutional order and ensuring the state’s defense and security as a basic element of the legal status of the person, reflecting the limitations, the conditions and the procedure of implementing rights and freedoms; on the basis of this analysis the author describes principles, requirements, forms, ways, conditions (grounds) and subject composition of the limitation of rights and freedoms of citizens and organizations. The author reveals the legal means of the limitation of rights and freedoms of citizens and organizations which are demonstrated in the form of a system according to the level of increase of their impact on the subject of limitation. 
Mel'nikov V.Y. - The right to the constitutional legal state ideology pp. 1-6

DOI:
10.7256/2409-7136.2016.3.18303

Abstract: The research subject is the constitutional law application in the situations of forming the state legal ideology. The paper considers the topical and important problems arising in the situations of establishing the state legal ideology in the form of the constitutional legal ideology guarding human and civil rights and freedoms. The research object covers the legally regulated social relations in the sphere of constitutional law. Special attention is paid to the absence in the legal science of a single approach to the problem of existence of the state ideology in the Russian Federation. The methodology is based on the dialectical method of cognition of social and legal phenomena and concepts in their development and interrelation. The author also applies general and specific scientific methods: historical-legal, system, comparative-legal, statistical, concrete-sociological, formal-logical, and others. In the author’s opinion, it is possible to admit the existence of a compulsory constitutional state ideology in the Russian Federation, functioning within the legal framework, not violating the rights, freedoms, and legal interests of other persons, and aimed at the satisfaction of needs of the multinational society of the Russian Federation. It can serve not only as a basis of the national idea, but also as the instrument of social groups and individuals unification for the sake of achieving the national goals. 
Neganova E.N. - The role of the correct definition of the object of prosecutor’s supervision over the observance of housing rights of orphaned children in guaranteeing effective supervision pp. 1-11

DOI:
10.7256/2409-7136.2017.5.22627

Abstract: The legislative novels introduce the concept of the object of prosecutor’s supervision in such spheres as supervision over law enforcement and observance of human and civil rights and freedoms. The legislative regulation of the object of prosecutor’s supervision determines the research task - to define the essence and the role of the correct formulation of the object of inspection. The correctly defined subject of prosecutor’s investigation and prosecutor’s supervision over the rights of orphaned children determines, firstly, the effectiveness of supervisory activities of the prosecutor, and secondly, the scientific substantiation and validity of the performed supervision in a certain sphere. The correct definition of the object of prosecutor’s investigation and supervision by public prosecution officers determines the achievement of the goal of effective inspection and supervision. The research methodology is based on general scientific methods of dialectical materialism, generalization and analysis, and special scientific method of comparative jurisprudence. The legislatively introduced principle of effective organization of “general” supervision, applied also to the sphere of observance of housing rights of orphaned children, should be taken into account on all stages of supervision, including supervision in the mentioned sphere, and during scientific studies. “General” supervision effectiveness criteria and indexes can be supplemented with such a component as a correctly defined and formulated object of prosecutor’s inspection and supervision. 
Antsiferov N.V. - Constitutional entrenchment of individual duties in post-Soviet states: comparative legal analysis pp. 1-13

DOI:
10.25136/2409-7136.2017.8.23450

Abstract: The article is dedicated to the aspects of constitutional entrenchment of the duties of individuals as an important element of the constitutional status of a personality and a citizen in the post-Soviet states. The article studies the aspects of legal entrenchment of such duties in the structure of constitutions, the catalogue of duties is being analyzed together with constitutional approaches to the determination of the circle of their subjects. The article reveals and considers the widely spread duties of individuals in terms of constitutional entrenchment of the duties of individuals, as well as rarer duties, typical for a limited range of constitutions. Attention is paid to general legal duty related to compliance to the constitution and laws; duties not to breach (respect) rights and freedoms of other personalities; duties aimed at consolidation (by the state) of resources (as related to payment of taxes and fees, other mandatory payments, protection of the home country and military duty); duties aimed at protection of the public interest (environmental protection, protection of historical and cultural heritage, obtainment of education, inadmissibility of the use of rights and freedoms contradicting public interests protected by the law; respect to national traditions, respect towards the state symbols, dedication to the Motherland); social duties (duties of parents and duties of children); duties of owners. The article considers the specific features of actual constitutional duties, their similarities and differences. Based on the analysis conducted, the author concludes about the presence of common approaches of the constitutional lawmakers to the entrenchment of constitutional duties of individuals. However, the respective entrenchment (regulation) is not identical both from the point of view of its contents and scope. Such differences provide for a significant potential of their implementation within the frames of actual legal relations with the participation of the individual and the citizen.
Platonova N., Smyshlyaev A.V., Mel'nikov Y.Y. - The Principles of the Legal Regulation of Medical-Sanitary Aid by Competent State (Municipal) Medical Out-Patient Organisations in the Russian Federation pp. 1-9

DOI:
10.25136/2409-7136.2018.7.26804

Abstract: The aim of the research is to analyze the principles of the legal regulation of medical-sanitary aid in out-patient organisations. The authors also define the main areas of development and problems of implementation of citizens' rights to health care. The object of this research is the social relations arising in the course of medical-sanitary aid in out-patient clinics. The subject of the research is the legal norms that enforce the principles of medical-sanitary aid in the Russian Federation. In the course of their research the authors have used general research and special law research methods which allowed to carry out an in-depth analysis of the principles of the legal regulation of the medical-sanitary aid in out-patient clinics. The novelty of the research is caused by the fact that the authors offer an interdisciplinary approach to the legal regulation of medical-sanitary aid. In conclusion, the authors emphasize the need to make amendments to the current health care legislation, for example, to include such principles as coordination and continuity in the list of principles of medical-sanitary aid. These principles become especially important under the conditions of medical-sanitary aid in out-patient clinics. 
Sabanina N.O., Ermakov D.S., Popov S.A. - To the question on rendering free legal assistance to the population pp. 1-9

DOI:
10.25136/2409-7136.2021.1.34929

Abstract: Rendering legal assistance to the population is one of the crucial vectors in the activity of legislative and executive branches, as well as local self-governance in different countries. The subject of this research is the formulation of recommendations aimed at elimination of gaps in the current legislation in the area of rendering free legal assistance to the population of the Russian Federation. The article presents an analytical overview of the peculiarities of rendering free legal assistance to the citizens in Russia and abroad. Emphasis is placed on analysis of the current legislation that regulates the indicated area of legal relations, effectiveness of its application, and further improvement. The novelty of the acquired results consists in the use of comprehensive approach towards examination of theoretical and empirical materials, as well as in proposing ways to improve the mechanism of rendering free legal assistance to the Russian population. As there is currently a complex mechanism for the lawyers to provide reports in order to be paid for their assistance, it is offered to develop requirements on the federal level to receive compensation for their work. It is also essential to establish on the federal level the minimum compensation for each type of legal aid. For increasing information awareness of the citizens on the possibilities of receiving free legal aid, it is necessary to give closer attention to legal education (availability of mass media and Internet resources, creation of thematic sections and banners, publication of information of websites and at the premises of multifunctional centers, etc.). The made proposals and recommendations can be used as the theoretical framework for solution of practical problems associated with rendering free legal assistance to the population.
Shikhovtsova A.O. - Some aspects of the evolution of the legal regulation of the right of citizens (population) to participate in the administration of justice in Russia pp. 1-8

DOI:
10.25136/2409-7136.2021.3.35064

Abstract: The article considers the evolutionary transformation of securing the right of citizens to participate in the administration of justice. The author has carried out a detailed analysis of the origins of the birth of the right of citizens to participate in the administration of justice and formulated the main results of the development of the legislative consolidation of this right by referring to the analysis of legal acts of various historical stages and a comparative legal study of the experience of regulating this issue. In the course of the research, the author focuses on the evolution of the forms of citizens' participation in the administration of justice, the understanding of the citizen's competence in this area, the relationship with other political rights and freedoms of citizens. The author comes to the conclusion that the legislative consolidation of this right has a direct relationship with the social standards of a certain historical stage. The key aspects of the historical and legal development of the institution of citizens' participation in the activities of the courts can rightly be considered: - recognition of the fact of society's participation in the implementation of justice; - recognition of the institution of citizens' participation in the activities of the courts as a component of society; - registration of the institution of citizens' participation in the activities of the courts from the institution of society to a full-fledged component as part of state power;<- complication of the configuration of the circle of subjects of legal proceedings from the involvement of individuals as assessors directly in the court to the establishment of the right of these subjects to participate directly in the administration of justice. The author's approach to highlighting the forms of evolution of the legal regulation of the right of citizens to participate in the work of the judicial system seems to be original.
Shikhovtsova A.O. - Certain issues of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation at the current stage pp. 1-8

DOI:
10.25136/2409-7136.2021.4.35375

Abstract: The object of this research is the constitutional framework of the institution of citizens’ participation in administration of justice, viewed as the fundamental principles of relationship between the democratic state and its citizens. Participation of citizens in court as lay judges is of constitutional nature. One of the forms of citizen’s participation in administration of criminal justice in particular is the jury trial. The goal of this research consists in the analysis of certain aspects of mechanism of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation, as well as in development of recommendations for its improvement.  Leaning on the dialectical, systematic, formal-legal, comparative-legal, structural-functional and sociological methods, the author analyzes the current situation pertinent of exercising by the citizens of the Russian Federation of the constitutional right to participate in administration of justice, and substantiated the feasibility of measures for creating conditions for the more active implementation of such right in the area of criminal justice. The author reveals the reasons of passive attitude of the citizens of the Russian Federation towards implementation of their constitutional right to participate in administration of justice as jury, and concludes on the need for taking certain measures on the federal level aimed at attraction of citizens in administration of justice: increase of the legal culture of population, increase of the level of information awareness of the citizens about the jury trial; revision of legal regulation of the procedure of formation of the jury.
Gorban V.S., Gruzdev V.S. - The Nature and Main Activities of the American Bar Association pp. 1-18

DOI:
10.25136/2409-7136.2022.12.39414

EDN: ZPHWLR

Abstract: The subject of the study is the problems of the participation of public organizations in ensuring and improving the legal regulation of public relations, as well as the coordination of professional activities of lawyers, analyzed by the example of the functioning of the American Bar Association. The article examines and highlights the issues of the history of the formation of the legal profession and legal education in the United States, the formation of a professional association of lawyers in this country, its status and main activities. Previously, the issues of the organization and activities of the American Bar Association have not been studied in Russian legal science, although the results of such a study can serve as a comparative study of Russian and foreign experience on essential aspects of the functioning of professional associations of lawyers in Russia.   The scientific novelty of the study is to highlight the nature and functions of the American Bar Association, which fills a significant gap in the study of foreign experience of professional associations of lawyers. The results obtained are based on original sources, acts and materials published directly by the American Bar Association, as well as commentatory literature. The features of the formation of the legal profession in the USA, the role and place of the association of lawyers, the nature of program documents and contradictory aspects of the implementation of the goals and objectives of this professional association in its practice are demonstrated, including conclusions about the importance of a number of targets that are implemented in the main modules of the activities of this public professional association.
Shmidt T. - Features of legal regulation in the context of a pandemic. pp. 1-13

DOI:
10.25136/2409-7136.2023.11.44075

EDN: DBRIKQ

Abstract: This article analyzes the key vectors of the impact of extraordinary circumstances on the legal regulation. Particular attention is paid to the influence of the COVID-19 pandemic as a sample of natural unforeseen conditions that greatly affected the legal framework. The impact of the exceptional circumstances on the legal regulation determines the trends in the development of domestic legislation in this area. The author studied the set of legislative acts adopted during the coronavirus pandemic. Within the framework of the research methodology, general scientific methods (synthesis, induction-deduction approaches, generalization, etc.) and specialized methods (formal legal, comparative legal, etc.) were used. The study identified key areas of the impact of emergency circumstances on the legal framework during the coronavirus pandemic, the analysis of the impact of which serves as a basis for the subsequent development of legal regulation in such situations. The impact of the coronavirus pandemic, as a sample of natural exceptional conditions, acts in increasing the scope of legal regulation, which causes the expansion of the regulatory framework; the development of legal regulation outside the specified area; increased activity in the use of quasi-legal mechanisms; modification of the boundaries between mandatory and optional legal regulation; blurring the boundaries between individual legal areas through formation of new "cyclical legal segments"; modification of the legal framework as a whole.
Gerusova S. - Exercising the Private Right to Appeal to the Arbitration Court to Be Declared Bankrupt pp. 8-16

DOI:
10.25136/2409-7136.2018.2.25286

Abstract: The article is devoted to a new institution in the Russian law - private bankruptcy, i.e. bankruptcy of an individual who is not an entrepreneur. In her research Gerusova describes situations when the arbitration court has the right to initiate judicial proceedings to declare an individial as bankrupt as well as situations when an individual ought to appeal to the arbitration court himself or herself to be declared bankrupt. The author of the article carries out a brief analysis of the status of financial manager and particularities of his or her appointment. The author also describes court fees incurred by an individual in such a case. In the course of writing the article the author has used the systems approach, comprative law and legalistic method and modelling. The scientific novelty of the research is caused by the fact that the federal law that sets forth provisions about private bankruptcy that came into force on October 1, 2015. As we can see, private bankruptcy is a new institution, thus arbitration courts face new tasks now. This institution is understudied in Russian law studies, thus there is a need to study and improve it. As a result of the research, the author of the article describes the main reasons why the arbitration court may deny a private bankruptcy application. These include: application does not answer the requirements of procedural law, financial manager cannot be appointed, no money or assets to pay expenses for bankruptcy procedures. As a solution of aforesaid problems, the author of the article offers to develop a simplified private bankruptcy procedure that does not require a financial manager, and to involve prosecutors if necessary as well as to make courts responsible for discovery of evidence. 
Pozhidaev V.E. - Restriction of the Principle of Inviolability of Onwership Based on the Example of the Housing Renovation Program in Moscow pp. 9-16

DOI:
10.25136/2409-7136.2018.8.27040

Abstract: The subject of this article is the social relations that may arise as a result of the restricted principle of invoilability of ownership. The author analyzes the problem of ungrounded restrictions of the property rights based on the example of The Housing Renovation Program in Moscow. He focuses on such principles as the adequacy of restrictions and their correspondence to the public interest as well as the balance between private and public interests. The author of the article also pays attention to the constitutional grounds of inviolability of ownership and proportionality criterion for the legal restriction of property rights. Within the framework of this research, Pozhidaev has used general research methods including analogy, induction, deduction, and comparison. He has also applied the systems approach, formal law analysis and content analysis of the Federal Law on Renovation of July 1, 2017. The novelty of the research is caused by the fact that the Renovation Program and legal regulation of civil, land and city-planning relations have not become the matter of in-depth analysis so far due to the novelty of the issue. The author comes to the conclusion that the regulation set forth by the Law on Renovation partly violates the principles of proportionality and adequacy of property rights restriction and thus needs to be amended in order to restore the balance between private and public interests. 
Milchakova O. - Legal Consequences of Void Transactions on the Acquisition of Strategic Assets by Foreign Persons pp. 10-19

DOI:
10.25136/2409-7136.2023.6.40925

EDN: HIAHYH

Abstract: The article deals with some topical issues of the invalidity of transactions made for the purpose contrary to the foundations of law and order and morality. The author focuses on the consequences of the invalidity of void transactions for the acquisition by foreign investors of the assets of Russian strategic companies. The issues of application as consequences of invalidity of transactions made in violation of the legislation on foreign investments, restitution, collection of shares (shares) of a strategic company, its fixed production assets into state income are considered. As part of the study, the author substantiates the attribution of transactions for the acquisition of strategic assets by foreign persons in violation of the law to invalid transactions burdened with the defect of the illegality of their content. The conclusion is formulated about the need to comply with an increased standard of proving the invalidity of a void transaction, corresponding to the standards used when appealing against voidable transactions. The author concludes that the measures of state coercion in the form of recovery of shares, fixed production assets of a strategic company acquired in violation of the law, are measures that are adequate and commensurate with the consequences of violation of the legislation on foreign investment in strategic sectors of the economy, which is an integral part of the foundations of the rule of law, and are predetermined by constitutionally significant goals to ensure the defense of the country, the security of citizens, society and the state.
Belikova K.M. - Legal responsibility of a scholar for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human in the BRICS countries pp. 11-28

DOI:
10.25136/2409-7136.2020.4.33249

Abstract: Based on the legal material of BRICS countries, this article conducts a scientific analysis on the question of legal responsibility of a scholar for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human. The relevance is substantiated by the impact upon legal and medical science, as well as the perceptions of peoples and experts (lawyers, medical personnel, sociologists, etc.) affected by new technologies, which currently allow doing what no one could ever imagine, unless in the films or books of science-fiction genre. The author examines different legal scenarios. The scientific novelty consists in the choice of countries – BRICS; the subject of research – legal responsibility for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human; analysis of the selected circle of questions in cross-disciplinary aspect, from the perspective of jurisprudence, medicine, and ethics). The conclusion is made that the approaches of national legislation are influenced by a range of problems that justify the corresponding legal regulation (for example, GMO in Brazil, prohibition of prenatal sex discernment in India, situation after He Jiankui’s experiment in China, etc.).
Kuzmina E.A. - Limits of Appeal to the Prosecutor and Decisions of Preliminary Investigation Agencies as One of the Issues that Arises in the Process of Complaint Investigation at Russian Federation Prosecution Office According to Article 124 of the Russian Federation Code of Criminal Procedure pp. 13-19

DOI:
10.25136/2409-7136.2019.3.29016

Abstract: The object of the research is social and criminal process relations that arise during appeal to the prosecutor regarding procedural action or inaction and decisions of preliminary investigation agencies. This is an important issue that arises in the process of accepting the complaint according to Article 124 of the Russian Federation Code of Criminal Procedure. The author of the article covers important points such as the basis, matter and limits of the appeal. The subject of the research is the legal standards that regulate limits of appeal to the prosecutor regarding procedural actions and decisions of preliminary investigationi agencies as well as law-enforcement practice of implementation of aforesaid standards, statistical data, and research opinions on the matter. The methodological basis of the research includes general and special research methods such as analysis, induction, deduction, structured system analysis, comparative, formal law and technical law analysis. The  main conclusions of the research is that the author emphasizes the need in integral evaluation of a number of issues that may arise in the process of appeal to the prosecutor regarding action or inaction and decisions of preliminary investigation agencies, in particular, legislative recognition of particular limits of appeal to the prosecutor in a single legal act. This would eliminate uncertainty that is often caused by appeal to the prosecution office and would create additional opportunity for citizens to defend their rights and freedoms. 
Sokolova M.V., Listratov I.V., Petrosyan D.I. - Legality of University' Students Behavior pp. 13-24

DOI:
10.25136/2409-7136.2022.4.37896

Abstract: The subject of the study is the legality of students' behavior in Vladimir branch of the RANEPA (University). The students under conducted research were chosen form economic, managerial and legal departments of University. The author examines in detail such aspects of the topic as: the permissibility of violating laws in the mass consciousness of students, the reasons for committing illegal acts and the factors that deter from violating the law. The work also reveals such aspects of the problem as: the frequency of applying to specialists for legal assistance, the main difficulties faced by young people in obtaining and applying legal information, the reasons for refusing to protect their own rights. Special attention is paid to the specialty of legal behavior of students from law department of University. As a result of the study, the following conclusions were obtained: ignorance of the law often leads to the commission of illegal actions, there is also a psychological nature of offenses when a crime is committed under the influence of feelings, emotions or "illegal acts committed for friendship". There are professional features of legal behavior. Students studying in the specialty "Judicial and prosecutorial activity" are more likely than others to think about preserving their positive reputation. A significant part of respondents are poorly oriented in the sources of obtaining legal information and do not always understand where to turn for help. A fifth of all respondents do not defend their rights. There is still a fairly high level of distrust towards the police.
Gorokhova S.S., Khvatova M.A. - On some aspects of the transformation of the general provisions of the legislation of the Russian Federation in the field of Russian citizenship pp. 14-26

DOI:
10.25136/2409-7136.2023.10.68741

EDN: UKRYOY

Abstract: The subject of the study is the general provisions of Federal Law No. 138-FZ of 28.04.2023 "On Citizenship of the Russian Federation". The author analyzes the content of the first chapter of the law in comparison with similar norms of the previously valid Federal Law of 31.05.2002 N 62-FZ "On Citizenship of the Russian Federation". The author focuses on the changes that have taken place in the sphere of legal regulation of issues of Russian citizenship, identifies similarities with the previously existing regulatory legal act, and also explores the essence of newly introduced legislative innovations in the field of regulation of the general provisions of legislation on citizenship of the Russian Federation. The main conclusions of the study are the following provisions. The relevance of the adoption of the new federal law "On Citizenship of the Russian Federation" is determined by the necessity caused not only by geopolitics, multidirectional migration flows, territorial changes, but also by the difficult demographic situation that the state is experiencing at the moment. At the same time, it is obvious that, despite the certain similarity of the new Law on Citizenship of the Russian Federation with the previously existing one, even its first chapter, devoted to the general provisions regulating issues of Russian citizenship, contains a number of novelties that allow us to talk about a significant change in legal regulations in this area.
Belaia O.V. - Legal Principles of Using Human Corpse as Genetic Material pp. 16-25

DOI:
10.25136/2409-7136.2019.6.30137

Abstract: The aim of this research is to discover and analyze legal principles of using human corpse as biological material and source of genomic information. In the course of her research, Belaya has analyzed Russian laws that regulate the process of collecting and using tissues, body organs and corpse of a dead individual and set forth rules for collection, use, storge and destruction of genomic information. The researcher describes wills that express consent or non-consent of using an individual's corpse, tissue and organs after his or her death as well as procedures of obtaining such consent from relatives or legal representatives. The researcher focuses on the problems arising in the process of legal fixation and practical implementation of particular legal principles in the course of using human corpse as genetic material. The methodological base of the research includes a combination of general and special research methods such as analysis, legal modelling and forecasting, dialectical materialistic, structural functional, legal logical, comparative legal and systems approches. The main outcome of the rsearch is analysis of current laws on collection and use of human corpse as genetic material and source of genomic information, collisions and contradictions in associated legislation and recommendations on how to eliminate them. The author also offers her own classification of legal principles of using human corpse as genetic material and source of genomic information. She also defines general and special legal principles of using such objects of civil circulation.
Gorian E. - Russia’s HIV/AIDS prevention concept: adherence to international standards or a “special historical path”? pp. 22-49

DOI:
10.7256/2409-7136.2016.10.2022

Abstract: The research object is social relations in the sphere of HIV/AIDS prevention in the Russian Federation. The authors analyze international standards, which should form the basic concept of this infection understanding. The authors study Russian legislation ensuring the guarantees of rights of persons living with HIV. Attention is paid to the judicial practice of the European Court of Human Rights, reflecting the advanced ideas of ensuring rights of persons living with HIV. In order to obtain the most faithful scientific results, the authors apply general scientific methods (system-structural, formal-logical and hermeneutical) and special methods of jurisprudence (comparative-legal and formal-legal). These methods are used as a complex. Russian HIV/AIDS prevention concept is conservative and consists in the declaration of the priority of traditional forms of social relations. Federal legislation is gradually moving towards liberalization of the status of persons living with HIV and extension of their rights. But discrimination against persons living in homosexual unions, consisting in the rejection of their right to family life in the sense of resolutions of ECtHR and mobility rights, is still taking place. The legislator’s disregard to the recent scientific researches, both Russian and foreign, which had proved the possibility of leading an active social and professional life by persons living with HIV, restricts their right to adoption (guardianship, etc.). In the result of the absence of the state educational program of sexual and reproductive health, schoolchildren and youth are not sufficiently informed about HIV and the ways of its prevention; this situation leads to stigmatization and spreading HIV among this population category.
Vakhrameev R.G. - Legal regulation mechanism for the constitutional right to information pp. 23-34

DOI:
10.7256/2305-9699.2013.12.9854

Abstract: The article is devoted to the implementation of the constitutional right to information, it discusses the mechanism of legal regulation of this right through the prism of access to information on the activities of state government and municipal bodies.  The article contains references to the most topical problems in the regulation of the right in question, as well as the latest legislative and practical tendencies, having to do with the further legal regulation of relations among the peole with regard to information.  The article provides analysis of legal regulation mechanism, and specific elements are singled out. The author also compares the forms of implementation of the right to information and mechanism of its legal regulation.  As the means to solve the practical problems  the author offers to amend the Russian legislation, including the legislation having to do with the responsibility of the officials.  The author then makes a conclusion on the dependency between the amount of information and the status of subject requesting such information, as well as the regime of the requested information.
Khachatryan M.S. - Limits of legal regulation of societal control (public integrity) pp. 24-30

DOI:
10.25136/2409-7136.2017.9.20441

Abstract: The research subject is the limits of legal regulation of societal control as one of the instruments of civil society. The author analyzes various opinions about this issue, considers positive and negative results of legal regulation of public integrity. Special attention is given to the need to formalize such a balance of interaction between society and state, which wouldn’t infringe the interests of the parties, and in which they would effectively function and develop. The author uses dialectical, dogmatic (formal logical), system, comparative, deductive, inductive methods and the formal-legal method. The scientific novelty of the study consists in the consideration of the issue about the limits of legal regulation of societal control from the perspective of correlation between the limits of activity of state and civil society. The author concludes that legal regulation of public integrity can have positive results in those countries, where civil society institutions have no lasting traditions. But such regulation should have definite limits. The author concludes that the legislator should regulate only the key moments, which underlie interaction between state and civil society, i.e. a purpose, tasks and principles of activity of subjects of societal control; rights and duties of subjects of societal control and subordinate subjects; guarantees of realization of societal control and normal functioning of public authorities, which are being supervised; responsibility of both subjects of societal control and public authorities for the violation of principles and guarantees of public integrity. 
Glushachenko S.B. - Penal system and public associations: formats of interaction pp. 25-34

DOI:
10.25136/2409-7136.2020.5.33382

Abstract:   This article examines the formats of interaction between the authorities and establishments of penal system and civil society. An important institutionalized element of civil society is the public associations, created for expression and protection of interests of their members of other citizens. Penal system, in turn, is closed for the general public, which questions the observance of rights and freedoms of a citizen within its framework. In the last decade, one of the vectors of state policy became the creation of conditions for more effective interaction of penal system and civil society, which according to legislator’s opinion will lead to humanization of the existing system. Based on the analysis of current legislation and its application, the conclusion is made on the formats of interaction between public associations and the structures of the Federal Penal Service that can be conditionally divided into organized and unorganized. Organized formats suggest work of the representatives of public association in social institutions, set by legislative acts, such as public council, public monitoring commission, supervisory board under the Federal Penal System. There is no information in the open sources regarding the implementation of unorganized forms of interaction. The author describes the ways for improvement such public activity for increasing its efficiency pertinent to protection of rights and freedoms of a citizen.  
Belyaeva G.S., Antonova Z.D. - On the issue of the structure of the mechanism of political rights and freedoms protection pp. 26-37

DOI:
10.25136/2409-7136.2017.6.19070

Abstract: The authors systematize the existent approaches and analyze the structure of the mechanism of political rights and freedoms protection. The paper contains the description of the current juridical approaches to the definition of the structure of the mechanism of political rights and freedoms protection, which help formulate and offer a unified authors’ definition of the composition of this category. The authors detect and characterize the specific structural elements of this legal mechanism: the normative framework; the specific purpose, tasks and directions; the subject matter; the principles, guarantees, etc. The authors use various general scientific methods and ways of logical cognition: analysis and synthesis, abstraction, modeling, the system-structural, functional and formal-logical approaches. This article is a complex interdisciplinary study aimed at the elaboration of a general theory of legal mechanisms and the improvement of their effectiveness; it is a general theoretical conceptual study. The authors perform comparative analysis of scientific approaches to the understanding of the structure of the mechanism of political rights and freedoms protection and develop and offer its unified composition, define and characterize its specific components, which help interpret the mechanism of political rights and freedoms protection. 
Volokh V.A. - Legal grounds for temporary asylum for Edward Snowden pp. 27-53

DOI:
10.7256/2305-9699.2013.9.9431

Abstract: In the article on legal grounds for provisional asylum for Edward Snowden the author analyzes Russian and foreign practices on temporary asylum for the persons being persecuted for their political views. It is noted that the term "asylum" has a wide meaning.  The Russian Federation provides asylum for foreign citizens and apatrides, claiming asylum on its territory by 1) political asylum, 2) recognizing as a refugee, 3) temporary asylum. Having analyzed the Provisions on the Order of Provision of Political Asylum in the Russian Federation, as established by the Decree of the President of the Russian Federation, the author considers that Edward Snowden did not meet the criteria for a political asylum. Unlike persons requiring political asylum under the norms of the UN Refugee Convention of 1951 and its Protocol of 1967 regarding the status of refugees, a person  who has well-grounded fears of being persecuted  for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it may require a status of a refugee or other type of international protection (including temporary asylum). V.A. Volokh provides detailed analysis of the procedure of viewing claims for provision of a refugee status in the Russian and foreign practice, as well as matters of temporary asylum. In the opinion of the author by providing E. Snowden temporary asyulm the Russian Federation strictly complied with its international obligations regarding protection of persons claiming asylum due to persecution on the grounds of their political views. 
Zolotareva A.B. - How Russian regions solve the problem of nursing homes waiting lists pp. 27-38

DOI:
10.7256/2409-7136.2016.2.17654

Abstract: The article considers the problem of shortage of nursing home beds. In the context of regional budgets reduction, this problem can’t be solved by increasing the number of these institutions. The author studies the alternative ways of solution of this problem, applied in the regions of the Russian Federation, including the nursing homes’ services purchase and the creation of foster homes for senior citizens and disabled people. The author applies the traditional methods of sociological and legal studies, such as the method of comparative legal analysis and system analysis. The author concludes that the alternative ways to solve the problem of shortage of nursing home beds, though saving budget funds, not always meet consumers’ interests. For example, the practice of creating foster homes for senior citizens and disabled people is risk bearing, since the formation of affection between adults (in contrast to the cases of adoption of children) is unlikely. If the main motive of adoption of a person is a profit, there is a high risk of conflicts and misuses. The article contains the suggestions about the improvement of the federal and regional legislation aimed at easing the shortcomings of use of institutions replacing nursing homes. 
Sekretaryov R.V. - Actual Problems of Russian Legislation on Freedom of Conscience in the First Quarter of the XXI Century. pp. 27-40

DOI:
10.25136/2409-7136.2022.8.38465

EDN: UAEZPS

Abstract: The object of this scientific research is state-confessional relations at the federal and regional levels, as well as the relationship between local governments and religious organizations and law enforcement practice. Sects and cults can be studied from the point of view of sociology, history, religious studies, psychology. But if such a phenomenon as sects and cults is present in public life, it must also be properly regulated by legal norms. The subject of the study is regulatory legal acts of the Russian Federation and the subjects of the Russian Federation, as well as municipal legal acts regulating various aspects of the activities of religious organizations. Since 1997, the Federal Law "On Freedom of Conscience and on Religious Associations" (hereinafter – Federal Law No. 125-FZ) has been in force in Russia. If we analyze the legislation that regulates public relations in the sphere of the realization of the right to freedom of conscience and freedom of religion, as well as the legal status of religious organizations, then, in our opinion, one of the problems that, despite its undoubted relevance, has not received due attention from the domestic legislator to date, is the problem of the use of terms "(totalitarian) sect", "(destructive) cult". Along with the formal legal method, such methods of scientific cognition as induction, deduction, hypothesis, analogy were used in the preparation of the study. In addition, typology, classification and systematization were used as auxiliary methods.The scientific novelty of the research is a comprehensive analysis of the legal regulation of the activities of "new religious organizations", synonymous with the concepts of "(totalitarian) sect", "(destructive) cult" in everyday life, and sometimes in normative legal acts. As the main result of the research undertaken, the author suggests specific measures for both point-by-point changes in the current legislation and complex changes in the model of state-confessional relations as a whole.
Ivanova Z.B., Korobko K.I. - Legal regulation of anonymous access to medical services pp. 28-34

DOI:
10.25136/2409-7136.2017.11.24590

Abstract: The article studies the problem of anonymous access to medical services. The authors give special attention to the analysis of the current legislation and the materials of judicial practice in order to detect the types of medical services which can be delivered on the anonymous basis. The authors study the concept of a pseudonym. The research methodology is based on general scientific and specific research methods, such as the formal-legal, analytical, the methods of system analysis and synthesis. The authors enumerate the types of medical services which can be delivered on the anonymous basis, and analyze the conditions of their delivery. The authors prove that pseudonyms can be legally used for medical services delivery. At the same time, the authors note that if a citizen uses a pseudonym or a fictive name to get medical care, it can potentially cause difficulties with protecting his or her rights in the case of any claims. 
Grishin P.A. - Self-Defense and Self-Protection of Civil Rights and Legitimate (Legally Protected) Interests: the Distinction of Enforcement Institutions of the Domestic Law pp. 30-37

DOI:
10.25136/2409-7136.2018.6.22297

Abstract: The subject of the article is the illegitimate concept of “legitimate (legally protected) interests” that is described in the “defense of rights” point of view, moreover the terms "defense" and “protection” are semantically analyzed and compared. Else in this article the powers included into the legal institution of "self-defense of civil rights" are considered, besides, using the doctrinally developed positions on this legal institution “in its broad sense”, the concept of "protection of civil rights and legitimate (legally protected) interests" is offered. The main research methods used in this article are: analysis, extrapolation, identification, abstraction, method of expert evaluation, systematization, modeling and comparison. The main conclusions are: "legitimate (legally protected) interests" are also subjects of defense on an equal basis with rights, "defense" is a legal institution of a suppressitive and restorative nature, while protection that requires separate legislative support is aimed to preventing of violations and contestations, the legal introduction of the term "self-protection" based on the understanding of the concept of "preventive self-defense" is offered.
Starodubova L.V. - The ratio of the subject of the offense and the victim from the position of the general theory of law pp. 35-42

DOI:
10.25136/2409-7136.2021.6.35823

Abstract: The correlation of such concepts as "the subject of an offense" (crime) and "victim" in the framework of the general theory of law is investigated. Modern legal literature has enough studies of the relationship between the object of the offense and the victim, however, without paying enough attention to the subject of illegal encroachment, although it is the question of the relationship of the victim with him that is one of the most controversial and ambiguous in the theory of offense. Moreover, the vast majority of theorists writing about the subject of the offense and the offense as a whole conduct their research within the framework of branch legal sciences, primarily within the sciences of criminal and administrative law. Nevertheless, the general theory of state and law should be the fundamental, methodological science that dictates its own view of concepts and ideas, perceived in the future by branch sciences.     According to the results of the study, the author comes to the conclusion that the subject of the offense are elements of matter under legal protection, through the negative impact on which harm is caused to public relations, and the victim is an element of a legal relationship that, from his point of view, cannot act as either the object of a legal relationship or its subject. Through the illegal encroachment of the offender on the victim, they cause harm to the public attitude under the protection of the law as a whole.In the question of the relationship between the subject of the offense and the victim, we came to the conclusion that the subject of the offense are elements of matter under legal protection, through the negative impact on which harm is caused to public relations, and the victim is an element of a legal relationship that, from our point of view, cannot act as either an object of a legal relationship or his subject.
Dzodzikov Z.U. - Problems of realization of the constitutional right to education in Russia pp. 35-53

DOI:
10.25136/2409-7136.2023.10.68760

EDN: CIUAHB

Abstract: The problems of realization of the right to education guaranteed by the Constitution of the Russian Federation are characterized by interdependence, mutual influence and multiplicity. Quotas and segmentation in the higher education system are not new and are already known from the pre-revolutionary and Soviet periods of our country's history. The recent expansion of the number of categories of persons eligible for quotas for admission to universities requires participants in the education system to take measures to predict and prevent possible adverse events during and after training, as well as during the process of filling budget places according to quotas. It is noted that the post-traumatic stress disorder of combatants seriously impedes the assimilation of educational material, social interaction, mental, emotional and psychological health in general. To date, a change in the profile of the applicant and graduate is predicted (including their psychophysical qualities), in this regard, a change in the level of quality of training of professional personnel. Taking into account foreign experience in adapting the higher education system for veterans, the need for the formation of tools in the education system for socio-psychological, methodological (tutor) support and social support of veteran students is emphasized. The author comes to the conclusion that in order to solve the problems, it is necessary to implement comprehensive strategies and programs taking into account various aspects of education and thereby ensure universal access to quality education and the realization of the full constitutional right to education in the Russian Federation.
Nadtochiy Y.B. - Legal assistance: current state, problems and prospects pp. 36-47

DOI:
10.25136/2409-7136.2023.12.69386

EDN: DTLORH

Abstract: The access to the competent legal assistance is recognized as one of the key national social tasks. The importance of legal assistance as an independent guarantee of rights, freedoms and legitimate interests is of no doubt. The important question is to what extent a free legal assistance is necessary and demanded in present-day conditions. The goal of research described in the article is to study the status, problems and prospects for developing the Russian system of free legal assistance today. The research mainly used theoretical and empirical general scientific methods and specific scientific methods, such as analysis, synthesis, induction, deduction and comparison, as well as questionnaire survey. As part of the goal, we have studied main aspects of the free qualified legal assistance to the population. The research findings show that the lack of the population awareness of legal support services, and sometimes even their legal illiteracy, causes many people to be afraid to apply for free legal assistance. In addition, findings of the research on the attitude of younger generation to free legal assistance allow us to develop some practical recommendations on how to improve the level of legal culture and literacy of the population. The author considers in the article some aspects of providing legal assistance to the population and try to answer the question: do present-day youngsters need legal assistance, and how they regard the existing organization of legal support for the population.
Kabanov P.A. - Victimologic anti-corruption education: concept, content, forms and means of realization pp. 38-64

DOI:
10.25136/2409-7136.2017.6.23077

Abstract: The research subject is victimologic anti-corruption education as a criminological interdisciplinary instrument of corruption prevention. The purpose of the research is to reveal the content of victimologic anti-corruption education, forms and means of its realization, and to formulate its draft definition as a scientific category of the modern Russian corruption victimology. The main research tasks are: -         To find and to describe the main legal sources formalizing the need for anti-corruption education of the victims of corruption in the modern Russian society; -         To analyze the current and the stale Russian statutory documents on the issues of anti-corruption education of the victims of corruption; -         To reveal the content and the specificity of anti-corruption education of the victims of corruption. The research methodology is determined by the specificity of the research subject and includes the set of general scientific methods of cognition (analysis, synthesis, grouping, comparison, etc.). The scientific novelty of the study consists in the fact that the author is the first Russian legal scholar to elaborate the new concept of “victimologic anti-corruption education”, reveal its content, describe the new forms and means of its realization. The author studies victimologic anti-corruption informing and victimologic anti-corruption consulting. 
Vayshnarovich G.V. - Comparative Analysis of the Legal Regulation of Elections to the Legislative (Representative) State Bodies of the Russian Federation Constituents and Republics of the Russian Federation in the Second Half of 1994 pp. 38-61

DOI:
10.25136/2409-7136.2018.6.25931

Abstract: The subject of the research is the legal standards contained in legal acts of the Russian Federation and a number of the Russian Federation constituents) that regulate the process of election for legislative (representative) authorities of the Russian Federation in the second half of 1994. The aim of the article is to define distinguished and general features of the legal regulation of election for legislative (representative) authorities (based on the analysis of the Bashkortostan, Dagestan and Tatarstan) in the second half of 1994, to compare laws of particular constituents of the Russian Federation that regulate associated relations in the aforesaid period and analyze the cause of differences in legal standards of the Russian Federation and the Russian Federation constituents. In the course of writing the article the author has applied dialectical, logical, historical and special law methods (formal law, comparative law). He defines factors that influence the legal regulation of the Russian Federation and Russian Federation republic elections for legislative (representative) state bodies of the Russian Federation constituents in the second half of 1994, differences between the statutory provisions of the Russian Federation republics and decrees of the President of the Russian Federation regulating elections for the Russian Federation authorities as well as limitations of the electoral rights that are not set forth at the federal level, grounds for such limitations, positions of the constitutional control authorities, etc. 
Ismatulloev B.I. - Right to freedom of movement and choice of the place of residence in constitutional legislation of the Russian Federation and the Republic of Tajikistan: comparative analysis pp. 42-53

DOI:
10.25136/2409-7136.2020.7.33207

Abstract: This article explores the peculiarities of constitutional-legal regulation of the right to freedom of movement and choice of the place of residence, which is the foundation of migration relations in the Russian Federation and the Republic of Tajikistan. Special attention is given to examination of the provisions of constitutional legislation of Russia and Tajikistan regarding regulation of migration, and modern scientific approaches towards understating the possibilities of exercising the right to freedom of movement and choice of the place of residence reflected in the constitutional law of both countries. The main conclusion of the conducted research consists in the statement that the right to freedom of movement and choice of the place of residence is the basic right in the constitutional legal status of modern migrants, which is specified in constitutional legislation of Russia and Tajikistan. Analysis of the legislation of these countries underlines that a common trend became an amendment to the freedom of movement with responsibility of immigrants to migration registration. This requirement of the legislator is aimed at prevention of illegal migration, which is a negative consequence of exercising the right to freedom of movement and choice of the place of residence.
Stepanova A. - Legal framework for continuous environmental education of Finnish citizens as the basis of environmental wellness of the country pp. 43-55

DOI:
10.25136/2409-7136.2021.6.34731

Abstract: Finland is one of the leading countries in implementation of the principles of sustainable development on the federal level. The foundation for successful environmental policy of this country is the comprehensive and continuous environmental education of citizens. Finns are recognized by the global community as one of the most environmentally conscious people in the world. The article explores Finland ‘s experience in implementation of environmental education in all spheres of social life. Special attention is given to international agreements and conventions that considerably impacted the recognition of environmental education as the basis for the development of environmental culture of the population. The author determines the stages of formation of the normative framework for implementing the environmental education policy. Analysis is conducted on the functions of the main government branches that are responsible for the development of plans and strategies on implementation and coordination of all-round environmental education. The author explores the mechanism of cooperation of the key actors in implementation of the strategies of sustainable development of the country. The article provides the examples of realization of the policy of continuous environmental education in preschools, schools, higher educational institutions, and other educational establishments; as well as the methods of instilling environmental consciousness in the citizens of all age groups. The author analyzes major achievements of Finnish policy on improving environmental culture and increasing environmental awareness of its citizens; assesses its effectiveness and role in setting the course for sustainable development of the country. The experience of Finland can serve as an example of improving this institution in the Russian Federation.
Dolgikh I.P., Chernyaev G.M. - On legal elements of the nationality issue. pp. 45-53

DOI:
10.7256/2305-9699.2014.1.10788

Abstract: The article is devoted to one of the topical problems of modern Russia - the practice of identifying and reflecting in normative legal acts and other documents, proving the legally relevant facts the nationality of a citizen of the Russian Federation. In spite of the fact that when the Constitution of the Russian Federation of 1993 was adopted, it seemed that the issue of the complex of rights related to the national identity of a person was resolved, the topicality of current scientific discussions on identity of a person due to him belonging to a certain ethnos makes us analyze the relevant norm of the Basic Law more and more scrupulously. The Russian legal doctrine lacks a uniform methodological approach to the interpretation of constitutional provisions on the right of citizen to identify and to reflect his national identity.  Having analyzed the various approaches to the issue, the author evaluates the problem through the prism of legal practice. The novelty of the article is due to the way the problem is set and to the method of its resolution. The author pays attention to the issues which were not duly studied previously. The type of the article is a problem-oriented theoretical article. The methods are traditional. In the process of studies the author makes a conclusion that the constitutional provisions on the right of a citizen of Russia to identify and reflect his national entity is currently implemented incompletely, since some provisions of by-laws are not in correspondence with the Constitution.  The author proposes specific solutions to the problems, which are aimed at improvement of the legislative basis regulating the issues of public national policy.
Mayakova E.O. - Work with citizens' applications in the context of digitalization: departmental aspects pp. 51-63

DOI:
10.25136/2409-7136.2023.8.43860

EDN: UUSFXQ

Abstract: Applications act as an important channel of feedback between the population and state authorities. An important element of the system of federal executive bodies of the Russian Federation, which are entrusted with the functions of ensuring the rights of citizens to appeal, is the Ministry of Internal Affairs of the Russian Federation. The article discusses the main provisions that determine the unified procedure for working with applications from citizens and organizations in accordance with the new conditions for the development of our state - the introduction of the "Digital Government" system. On the example of the Ministry of Internal Affairs of the Russian Federation, the possibilities and mechanisms for working with citizens' applications using the electronic document management service of the unified system of information and analytical support for the activities of the Ministry of Internal Affairs of Russia are specified. The author comes to the conclusion that information about working with citizens' appeals characterizes the state and effectiveness of the system of internal affairs bodies, since it is primarily associated with the accumulation of various information, quantitative and qualitative assessments of which can bring the system closer to solving priority tasks, namely, ensuring protection public order and the fight against crime. When analyzing the registration and control forms of the section "Appeals of citizens and organizations" of the application service for electronic document management of the unified system of information and analytical support for the activities of the Ministry of Internal Affairs of Russia, a number of problems were identified that arise in connection with the introduction of digital technologies, indicating that the procedure for considering applications in the bodies internal affairs is carried out in conditions of inferior legal regulation. The conclusion is made about the available resources in the development of the current classification system for incoming applications.
Proniakina S. - Denaturalization as a special ground for termination of legal ties with the state pp. 59-73

DOI:
10.25136/2409-7136.2021.10.36630

Abstract: The legal grounds for acquisition and revocation of citizenship by persons born and residing on the territory of different states may differ significantly due to historical, political, economic, and other reasons. This article provides a comprehensive analysis of the grounds for revocation of citizenship – denaturalization. The author establishes the factors and circumstances that contribute to termination of the political0legal ties of an individual with the state upon the initiative of the state. The article explores the international legal acts, as well as conducts a comparative analysis of the legislation of different countries on the issues of denaturalization. The author reviews the conditions and restrictions for implementation of the procedure for revocation of citizenship by the state, as well as correlation of such grounds for termination of citizenship as revocation of citizenship and reversal of decision on naturalization. The scientific novelty lies in the conclusion that revocation of citizenship is not prohibited by the international legal acts if there are legal grounds established by the domestic legislation of the country. Such grounds may include unlawful actions of a citizen against public security and national interests, as well as other actions that undermine the fundamentals of the constitutional system. The author offers the open legislative consolidation of the legal institution of denaturalization for the possibility of revocation of citizenship of an individual upon the initiative of the state.
Proniakina S. - Dual citizenship in the context of the interaction of international and national public law pp. 61-75

DOI:
10.25136/2409-7136.2022.5.38115

Abstract: The subject of the study is international legal conventions and agreements concluded in the XX-XXI centuries on issues of dual citizenship. The methodological basis of the research consists of the following methods of cognition: system legal analysis, comparative legal and formal legal analysis. The purpose of the work is to compare international legal norms that consolidate the legal status of persons with dual citizenship. The article examines the issues of military duty and tax payment by bipatrides, as well as the constitutional and legal regulation of legal relations related to citizenship, analyzes the institution of dual citizenship in the context of the protection of state sovereignty. The author considers bilateral international legal agreements concluded on issues of dual citizenship. The author concludes that the adopted international acts are mainly aimed at reducing the occurrence of dual citizenship, which indicates the unwillingness of countries to openly recognize this legal institution. The scientific novelty of the study lies in the fact that the author proposes the inclusion in international legal acts on the avoidance of double taxation of additional criteria for determining the status of tax residence of bipatrids. In order to develop international cooperation with the Republic of Belarus, the author proposes the adoption of a single Union normative legal act in the field of citizenship, which enshrines the rights and obligations of citizens of the Union State and establishes that citizens of the Union State are not persons with dual citizenship.
Belikova K.M. - Does Russia need a fixed percentage of originality and the very originality of scientific papers: reflections of a lawyer pp. 62-104

DOI:
10.25136/2409-7136.2023.3.40421

EDN: MGAHSR

Abstract: The subject of research in this article is the search for answers to the following questions: if there is a need to fix the percentage of originality of scientific papers; can "new knowledge" be "born" when writing a dissertation that on 100% represents "quoting" of the works of other authors, is it legitimate, as recommended by the representative of "Anti-Plagiarism", to combine the indicators of the originality of the text and self-citation to fix the share of the author's text – as well as the establishment of the line between conscientious and non-conscientious self-citation, scientific analysis of the concepts of "originality", "independent scientific work", etc. To answer these questions, an analysis of relevant Russian and foreign legal and local regulations and doctrines is carried out. Special attention is paid to the practice of using similar to the "Anti-Plagiarism" systems abroad. During the study the author proceeds from the subjective-objective determination of processes and phenomena, using general scientific dialectical, historical, comparative legal, etc. methods of scientific cognition. As a result of the study it is concluded that the issue of plagiarism, on the one hand, becomes much broader and more complex than direct verbatim borrowings from scientific works of other authors, captured by the "Anti-Plagiarism" system used for some time in our country, and, on the other hand, requires a rethinking of the approaches prevailing in theory (doctrine) and practice to identify the "originality" by way of "Anti-plagiarism" system used in Russia and puts the question of ways to identify originality and requirements and methods, mechanisms and forms of its expression. There is a need thus for broad discussion, rethinking and finding consensus in society regarding: 1) the prevailing approaches in theory (doctrine) and practice to identify the "originality" by way of "Anti-Plagiarism" system used in Russia and the question of ways to identify originality, requirements for it and methods, mechanisms and forms of its expression, 2) intellectual property objects, in particular, copyright objects that must be subject to the openness regime based on ceasure of protection by copyright.
Gorokhova S.S. - About some problems of law enforcement activities in the field of state social assistance and support to poor citizens in Russia pp. 64-83

DOI:
10.25136/2409-7136.2023.8.43853

EDN: UVBQZX

Abstract: The subject of the study is the most common conflict situations that are resolved, mainly in court, in the field of providing state social assistance and support to the poor citizens. The author analyzes the existing, rather extensive judicial practice in this area, focusing on the most socially significant aspects of law enforcement that need further improvement. The methodological basis of the study was a set of general scientific methods of cognition, based on a dialectical general philosophical basis, and, in turn, determining the use of certain private scientific methods, primarily statistical methods in the law enforcement sphere. The article was prepared as part of the state assignment to the Financial University under the Government of the Russian Federation in 2023. The sphere of assistance to low-income citizens and families is extremely conflictual from the point of view of law enforcement. The most common categories include legal disputes related to: contradictions between federal legislation and regulatory acts of the regions of the Russian Federation; imperfection of federal and regional legislation; improper application of the norms of substantive and procedural law; violation of the terms of the social contract; recovery of funds unreasonably paid to recipients of social assistance; bringing to administrative responsibility for misuse budget funds; challenging the refusal to provide social services, in the form of vouchers for sanatorium treatment.
Semiannikova D.A. - Legal regulation of the provision of comprehensive rehabilitation to military personnel participating in a special military operation. pp. 67-76

DOI:
10.25136/2409-7136.2023.12.69154

EDN: EOZCYO

Abstract: The conduct of a special military operation on the territory of Ukraine (hereinafter referred to as SVO) gave a great impetus to the development of legal regulation of relations arising between the state and the military, and the revision of the basic laws in this area. The purpose of the study is to pay special attention to the analysis of the status of servicemen who returned from the SVO zone, which led to the emergence of new tasks: firstly, updating existing legislation, inventing new legal mechanisms to organize the granting of the right to rehabilitation of servicemen of this category; secondly, the need for practical provision of rehabilitation measures: the use of existing tools, from the involvement of organizations that can use existing resources to provide them before developing new methods and methods of rehabilitation, both at the federal and regional levels. In the course of the study, the tasks set were solved by the author using general scientific (dialectical, systematic, formal-logical) and legal (comparative-legal, sociological, axiological) research methods. The novelty of the study lies in the fact that the author has determined the legal status of servicemen who returned from their military service zone (discharged from military service), which allows determining their right to comprehensive rehabilitation: military personnel who have received the status of a combat disabled person and military personnel who have received the status of a combat veteran. The author came to the conclusion that the volume of rehabilitation of combat invalids is determined by his status, assuming the existence of all the rights of persons with an established disability. The author also analyzed regional legislation in this area and determined that some areas within the framework of the comprehensive rehabilitation of military personnel, which the regions focus on, seem promising, however, a more "point policy" in this area is carried out in the regions, taking into account the capabilities of each region and existing resources, which does not always cover all the tasks of comprehensive rehabilitation. The main conclusion of this study is the determination that comprehensive rehabilitation should be multidimensional and take into account many factors for the real recovery of such a category of citizens as military personnel who participated in the SVO, which can only be achieved by the certainty of federal legal regulation in this area, establishing a single legal status of such subjects to secure them a specific right to comprehensive rehabilitation.
Bagreeva E.G., Shirochenskaya I.P. - Models of regulation of consumer behavior in the conditions of the sanctions regime pp. 70-84

DOI:
10.25136/2409-7136.2023.9.43549

EDN: YEJFMU

Abstract: The article discusses market trends and models of legal regulation of consumer behavior in a sanctioned economy. The subject of the study is the models of legal regulation of consumer behavior under sanctions. The relevance of the topic is due to the fact that currently the Russian consumer goods market (including premium ones) is going through quite difficult times due to the special military operation in Ukraine, which began in February 2022. The situation is complicated by factors such as the tightening of sanctions and the withdrawal of many Western manufacturers from the Russian market. In such conditions, legal regulation of consumer behavior becomes particularly important. The scientific novelty of this study consists in conducting a comparative analysis of models of legal regulation by responsible consumer behavior in the conditions of a sanctioned economy. The existing regulatory framework of the Russian Federation and the Islamic Republic of Iran is also analyzed. The comparative analysis carried out in the article allowed the authors to draw some conclusions, identify the main models of legal regulation of marketing management of responsible consumer behavior in the conditions of the sanctions economy and formulate a number of practically applicable recommendations. The implementation of the proposed recommendations will eliminate some of the negative effects that occur in the conditions of the sanctions economy and negatively affect the market situation, consumer behavior and the economy as a whole.
Rybka O.S. - Protection of the rights of persons undergoing medical examination for the purpose of conscription in the Russian Federation pp. 71-81

DOI:
10.25136/2409-7136.2023.7.43585

EDN: SRDYKD

Abstract: The object of this study is the social relations of medical examination during the conscription of citizens for military service in the Russian Federation, as well as the rights and interests of persons involved in these relations. The subject of this study is the protection of the rights and interests of persons who undergo a medical examination when conscripted into the army in the Russian Federation. The author reveals in detail the violations of citizens' rights by the conscription commission of the military commissariat during the medical examination by the military medical commission, including relying on judicial practice, and also suggests ways to solve problems related to these violations.   The scientific novelty of the topic lies in the study of problematic aspects and practice of applying legislation in the field of medical examination during conscription, such as violation of the rules of examination, as well as disregard for the rights of citizens and the integrity of the procedure. This scientific study can provide new data and analysis of shortcomings in the medical examination procedure, which may be useful for subsequent amendments to legislation or the development of appropriate practical recommendations. The scientific study of this topic will also allow us to determine which legal mechanisms can be used to protect the rights of citizens in case of violation of their rights, as well as to develop recommendations for improving legislation and practice of its application in order to improve the situation in this area.
Gorian E. - Ensuring the rights of migrant women employed in the household in the Russian Federation pp. 74-87

DOI:
10.7256/2409-7136.2016.12.1995

Abstract: The object of the study is the relations that arise when ensuring the rights of migrant workers-women employed in the household. The categories of migrant workers are analyzed and vulnerabilities in the legal regulation of relations with their participation are identified. Special attention is paid to international legal standards for ensuring the rights of migrant workers, foreign experience is analyzed. The characteristics of domestic work that determine the complexity of ensuring the rights of migrant women are highlighted. The institutional mechanisms of ensuring the rights of migrant women are investigated, the shortcomings of the regulatory regulation of labor relations are determined. The complexity of the problem determines the methodology of the study: These are historical-legal, hermeneutical and culturological methods, etc. Mechanisms for ensuring the rights of migrant women employed in the household in the Russian Federation are still far from perfect. The solution to these problems is seen in the simplification of migration legislation, the development of a model employment contract, the activation of public associations, the establishment of cooperation between authorities with national communities and religious organizations.
Sidneva A.M. - The specificity of legal regime for implementation of business activity in the territories of advanced socioeconomic development pp. 74-86

DOI:
10.25136/2409-7136.2021.10.36676

Abstract: The subject of this research is the legal regime for implementation of business activity in the territory of advanced socioeconomic development in the Russian Federation. The object of this research is the social relations that arise between the actors in the course of conducting business activity in the territory of advanced socioeconomic development. The article outlines the essential characteristics of the definition of the territory of advanced socioeconomic development based on the available research on the topic and current legislation of the Russian Federation. The author also explores the constituent composition of the territory of advanced socioeconomic development and debating points related to implementation of their rights and responsibilities. The scientific novelty lies in determination of the new theoretical positions towards the fundamentals of legal regulation of business activity in the territory of advanced socioeconomic development, and formulation of recommendations for improving the statutory support of such relations. Having analyzes the legal regulation of business activity conducted in the territory of advanced socioeconomic development, the author determines the specificity of implementation of such activity, as well as characteristics of the territory of advanced socioeconomic development from cognate categories with similar legal regime. The article considers the constituent composition of the territories of advanced socioeconomic development and peculiarities of implementation of their rights and responsibilities.
Usanov D.O. - The problem of ensuring freedom of conscience and religion by law enforcement agencies of Scandinavian countries in modern conditions: public law aspect pp. 85-93

DOI:
10.25136/2409-7136.2023.9.43960

EDN: YFATEA

Abstract: The article deals with the problems of legal regulation of relations in the Scandinavian states in the field of freedom of conscience and religion. The reason for addressing this topic was the public actions on the burning of the Koran that took place in Denmark and Sweden in 2023, which demonstrated the inability of law enforcement agencies and civil society of the Nordic countries to prevent a violation of public order, as well as the violation of fundamental rights and freedoms of the individual. The object of the study was both the legislation of the Kingdoms of Denmark and Sweden regulating relations in the religious sphere, and law enforcement practice. The article is based on the latest empirical data and research results, most of which have not been translated into Russian. As a result of the analysis of the current legislation of the Scandinavian states, it was concluded that the norms of public law do not correspond to the level and nature of public relations in the religious sphere. The norms of international and European law incorporated into the national legislation of the Scandinavian countries are also ineffective. An additional obstacle is the traditions of a society that recognizes everyone's right to free expression of opinions and thoughts. In order to prevent public events in the religious sphere that are openly extremist in nature, it is necessary to modernize the relevant legislation of the Scandinavian states. At a minimum, it is necessary to expand the powers of law enforcement agencies to ban such events as threatening the national interests of the Nordic countries.
Gulyaikhin V.N. - Inclusion of the Russian youth into social and legal life: role of legal socialization pp. 88-104

DOI:
10.7256/2305-9699.2013.11.9698

Abstract: The article is devoted to the problems of legal socialization of the Russian youth.  The authors single out a number of social contradictions, which influence psychosocial evolution of young people as subjects of law. Legal socialization is characterized by them as a complicated dialectic process through which hte citizens gain socially valuable personal qualities, necessary for performance of legal roles. The article contains a conclusion that the existing social contraditions preclude the formation of efficient mechanisms for the manageable socialization of the young Russian citizens, who have to adapt to social and legal system, having a number of significant flaws and fundamental contradictions.  Their presence complicated management of the legal socialization process, and it lead to considerable deformation of legal conscience among a majority of the Russian young people. While the youth is a complicated social formation, and it constantly reproduces and changes the legal system in a society, the state government institutions pay too little attention to the youth.  The manageable legal socialization could have facilitated three specific socially important functions of the youth: reproduction, translation, and heuristic function.  The existing social antagonisms preclude formation of the efficient mechanisms for manageable socialization and provision of the clear socially useful guidelines for legal activities to the young people.
Timshina E.L. - Non-governmental organizations of women in the modern Russia: new research methods. pp. 89-109

DOI:
10.7256/2305-9699.2013.4.675

Abstract: The extent of participation of women in a political process is one of the most important markers of development of democratic institutions in Russia. The female movement reflects a wide range of problems, which concern both the position of women in various spheres, their role and place in the society and general patterns of social process, perspectives of political process development in Russia. The article contains the results of studied of female movement in the modern Russia, which were performed with the use modern informational technologies. The authors shows the possibilities for a researcher capable of using novel methods for the analysis of the mass data  of a complicated social and political matter, such as female movement in Russia. At the same time, the use formal quantity methods and computer technologies for the representative data on mass events requires that the problems of comparability be faced and solved. The mass data should be compared and such data should be combined within a database for the further mathematical and statistical processing.
Shcherbanyuk O.V. - Sovereignty of people as a guarantee of human rights and freedoms of the person and of the citizen pp. 131-148

DOI:
10.7256/2305-9699.2013.10.9610

Abstract: The author of this article analyzes sovereignty of the people through the prism of human rights and freedoms of the person and of the citizen. Since the modern democracy is based upon the idea of sovreignty of the people, the author proves that the theory of sovereignty of the people may be positively regarded as a constitutional legal doctrine of supremacy of rights of the people, priority of human rights and freedoms of the person and of the citizen, supremacy of the people as the source for the public power, having various state and legal forms. Based upon the scientific analysis, it is established that only a sovereign democratic state may guarantee political right of the person and of the citizen, and based upon the study, the author establishes the ways to solve the problems in the sphere of constitutional legal guarantees of rights and freedoms of a person, formation of an efficient constitutional process.  The author also uncovers the causes of contradictions and conflicts in the legislative system, forming obstacles for implementation of lawful rights and freedoms.  
Rouvinsky R.Z. - Social credit mechanisms and modern standards of legal protection of personal data: correspondence problems pp. 174-189

DOI:
10.25136/2409-7136.2021.9.36520

Abstract: The subject of this article is the problem of correspondence of the practices of digital profiling and social score, which imply collection and analysis of biographical (reputational) information, to the worldwide-accepted standards of protection of personal data and privacy. Analysis is conducted on the legislation of the People's Republic of China – the country that in recent years has implemented the “Social Credit System” in the sphere of public administration. This project consists of management practices, which are viewed through the prism of the legal model of personal data protection formed by the Law in Protection of Personal Information adopted in 2021. The peculiarity of this research is its comparative legal nature: the provisions of China’s legislation are juxtaposed to the provisions of the General Data Protection Regulation adopted in the European Union and Russia’s Federal Law “On Personal Data”. Assessment is given to the European and Russian models of regulation of operations with personal data in the context of possible implementation of digital profiling practices, social score (ranking, grading), and automated law enforcement decision-making. Having determined the gaps in the current Russian and EU legislation on personal data, and indicating the risk caused by the presence of blanket rules, the conclusion is made according to which the modern legislation on personal data can be an obstacle for arbitrary use of such data; however, it cannot stop the implementation of innovative technologies, mechanisms and practices that suggest using registry and biographical information of individuals for the purpose of social control into the public administration.
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