DOI: 10.7256/2454-0595.2022.2.37671

Abstract: The article raises the problem of the content of the concept of deliberately unreliable information disseminated under the guise of reliable messages, applied in the norms of administrative law establishing responsibility for the illegal dissemination of various types of socially significant information. By a detailed analysis of the elements that make up the studied concept, its meaning is revealed. The author analyzes the main theoretical approaches to the content of these elements in various branches of legal science. The article outlines the problems of applying the norms of administrative law that establish responsibility for the illegal dissemination of various types of socially significant information. These problems are related to the lack of a legal definition of the concept of deliberately unreliable information distributed under the guise of reliable messages. The author has established the absence in science and judicial practice of a unified approach to the content of the sign of obviously unreliable information disseminated under the guise of reliable messages. The author distinguishes the concept of obviously unreliable information from other related categories. Conclusions are formulated about the need to disclose in the law the content of the concept of unreliable information, which is a fundamental element of administrative offenses that establish responsibility for the illegal dissemination of various types of socially significant information, as well as the need to fix in the law the content of the construction "obviously unreliable information disseminated under the guise of reliable messages". The article presents the author's approach to the formulation of the content of the concept of deliberately unreliable information disseminated under the guise of reliable messages.

DOI: 10.7256/2454-0595.2022.2.35109

EDN: OGORGQ

Abstract: Based on the historical and legal method, analyzing the sources of Russian police and criminal law in connection with the developing social and political situation, the author comes to the conclusion that administrative and tort law had a long and contradictory period of formation, acquiring historically determined features and features dating back to the Soviet period, a number of which do not correlate with modern the state and directions of development of the Russian state. Despite the fact that the Russian Federation is the historical successor of the USSR and the RSFSR, as a state it is strikingly different from them, due to the changes that have taken place in the last three decades related to the radical transformation of the state structure, the change in the socio-economic basis of society, and accordingly the legal regime, the foundation of which after the collapse of the USSR was the Constitution of the Russian Federation. Currently, the role of administrative responsibility has changed significantly, as has its understanding in the public legal consciousness, ceasing to be a surrogate for criminal coercion. At the same time, to date, it has not been freed from the foundations laid in the Soviet period, which once again confirms the need for a comprehensive state policy in the field of public liability, which should be aimed at updating the current legislation, taking into account its historical and theoretical understanding, a clear distinction between crime and administrative offense, and in particular perspective and criminal misconduct, their prevention and prevention.

DOI: 10.7256/2454-0595.2022.2.37631

EDN: OKXHYW

Abstract: The author examines the problem of the effectiveness of pro-security agencies in the system of national security of the Russian Federation on the basis of an analysis of regulatory legal acts and the effectiveness of law enforcement agencies. According to the National Security Strategy of the Russian Federation, approved by the Decree of the President of the Russian Federation (hereinafter referred to as the Strategy), national security is understood as a state characterized by the protection of the individual, society and the state from internal and external threats, in which the implementation of the constitutional rights and freedoms of citizens of the Russian Federation, decent quality and standard of living, sovereignty, independence, state and territorial integrity, sustainable socio-economic development of the Russian Federation. Obviously, there is an internal and external impact on national security. At the same time, this impact is carried out on the foundations of the independence and independence of the state, as well as the basic rights and freedoms of its citizens. When solving the issues of creating a system of national security, it is necessary to proceed from the fact that the object of protection in this case is very complexly structured, diverse, consisting of many diverse structural elements, which results in the complexity of structuring the relationship of these elements. According to the fair opinion of some scientists, the security system itself reflects the process of interaction of national interests and threats to them, is functional, while the security system aims to protect national interests, is an organizational system of means, methods, subjects (bodies).

DOI: 10.7256/2454-0595.2022.2.32052

EDN: OQCNLM

Abstract: In this article, the author conducts a study that contributes to the analysis of the limits of the permissibility of the implementation of international law on the basis of constitutions and charters of subjects of the Russian Federation. The subject of the study is the legal norms contained in the constitutions and charters of the subjects of the Russian Federation, as well as the practice of their implementation.The object of the study is the social relations that develop in the process of implementing the norms of international law in the constitutions and charters of subjects.The purpose of the study is to improve the legal norms regulating the limits of the permissibility of the implementation of international law in the constitutions and charters of the subjects of the Russian Federation. The methodological basis was formed by the methods of scientific cognition, special attention is paid to the dialectical method of state-legal and social phenomena in interaction with general scientific and private scientific methods. The result of the work is the development of a classification of constitutions and charters of the subjects of the Russian Federation, contributing to the definition of the limits of the permissibility of the implementation of international law.The presented classification will make it possible to improve the legal status of a person and a citizen faster, to exercise his rights in the context of the implementation of a completed order for social justice, taking into account the priority of national legislation over international norms. This is one of the directions set out in the Messages of the President of the Russian Federation to the Federal Assembly in 2019-2020. The proposed classification option would allow.it is faster to implement, in practical terms, the breakthrough development of the state, which is based on the constitutional idea of man as the highest value of the state, and in the science of constitutional law to provide an opportunity to implement the norms of international law in the constitutions and charters of the subjects of the Russian Federation, taking into account the limits of admissibility.

DOI: 10.7256/2454-0595.2022.2.38295

EDN: ORKKDY

Abstract: The subject of this study is the constitutional assurance of the validity of the will of the people when voting, as well as the theoretical and practical problems that arise in this case. In resolving this issue, the key is the problem of determining the nature of the will and the will of the people. The scientific problem raised concerns the correlation of the will of the people with its expression, as well as the establishment of a constitutional and legal connection between democracy and the expression of the will of the people. In practical terms, the scientific problem posed is manifested in the existence of a threat to the constitutional system in the form of the possibility of reflecting the distorted will of the people in the constitutionally significant voting results. The author suggests proceeding from the non-contractual nature of the general volitional act of the people in direct forms of democracy, which is understood as a political decision taken by a majority of votes in the absence of an agreed (unanimous) expression of the will of all citizens (the theory of real democracy). In contrast to this approach, the theory of the social contract proceeds from the contractual nature of the general volitional act of the people, which is understood as a social contract based on the agreed (unanimous) will of all citizens (the theory of ideal democracy). It is concluded that due to the non-contractual nature of the general volitional act of the people, the legal consequences of making a political decision should apply to all citizens of the state, including both those citizens who expressed their will against such a decision and those citizens who did not express their will. The novelty of the proposed provisions lies in the differentiation of the will and the will of the citizen, as well as the differentiation of the will (the general will of the people) and the will of the people (the general will of the people).