DOI: 10.7256/2454-0706.2023.12.69427

Abstract: The object of the study in this article is the idea of a social state and the potential in it from the perspective of legal regulation of the social sphere in Russia. The aim of the study is to identify the directions of implementation of the idea of a social State in the framework of the social policy of Russia and to develop theoretical and practical recommendations. To achieve the goal, the article studies: the essence of the idea of a social state, including the relationship between the concepts of «social state» and «constitutional state »; stages of formation and development of the social state; social rights and freedoms of the person and the citizen as a component of the system of constitutional values; evaluation concepts « decent life», « free human development ». The methodology of the study is based on a system, complex and specific historical approaches, includes a set of general scientific and private scientific methods of research, including analysis, synthesis, logical, system-structural, formal-legal, historical-legal, etc. The following main results were obtained: the main approaches to the interpretation of the concept of «social state» were systematized, which allowed to clarify its essence and reveal the relationship with the concept of «constitutional state»; the stages of formation and development of the social state in relation to the peculiarities of fixing this concept in the legislation have been analyzed; the approaches to determine the place of social rights and freedoms of man and citizen in the hierarchy of constitutional values were systematized; formal criteria for the definition of the concept of «decent life» and the author’s interpretation of the concept of «free human development» have been proposed. The findings and results obtained can be used in further legal studies, as well as in public authorities.

DOI: 10.25136/2409-7810.2021.3.37386

Abstract: The research subject is the problems of using evidence, collected during criminal intelligence and surveillance operations, in criminal procedure in Russia, considered in the context of provision of human and civil rights and freedoms and the observance of the principle of legal certainty. The purpose of the research is to define the key problems of using evidence, collected during criminal intelligence and surveillance operations, in criminal proceedings, and the development of the ways to solve them. The research methodology is based on the system and comprehensive approaches and includes the set of general scientific and specific research methods, particularly analysis, synthesis, formal-legal, comparative legal methods, etc. To achieve the research goal, the author analyzes the practice of Supreme Courts of Russia, the European Court of Human Rights, the doctrinal views of Russian processualists, and defines the key problems of using evidence collected during criminal intelligence and surveillance operations, in criminal proceedings, and formulates the ways to solve them. The author finds out that the judicial practice and doctrine mainly consider certain aspects of the problem under study, with no system approach to its understanding; the author proves that the main problem lies in the field of provision of human and civil rights and freedoms, and the observance of the principle of legal certainty; the author formulates recommendations about amending the legislation based on the constitutional principles and international standards, and the following legalization of evidence collected during criminal intelligence and surveillance operations. The conclusions of the research can be used in the work of law-enforcement bodies and for further research in the field of criminal procedure.

DOI: 10.7256/2306-9945.2021.2.36011

Abstract: The subject of this research is the organizational-legal aspects of digitalization of state administration in the Russian Federation. The goal is to detect the key risks associated with digitalization of state administration at the current stage, as well as seeking the ways for their elimination. Research methodology is employs systemic and complex approaches, set of general and private scientific research methods, including analysis, synthesis, induction, deduction, system-structural, logical, formal-legal, etc. For achieving the set goal, the author explores the main vectors, determines advantages, and systematizes risks associated with digitalization processes in the system of state administration at the present stage of development of the Russian society. Based on the acquired results, the author draws the following conclusions that contain the elements of scientific novelty: the risks associated with digitalization processes in the system of state administration include organizational-administrative, economic, informational, and legal groups; description is given to the essence of each risk group; special attention is given to the legal aspects. Recommendations are made for mitigating the legal risks through improving the normative legal framework of digitalization of state administration in the Russian Federation. The presented materials can be implemented in the activity of public administration bodies, as well as further research in the area of digitalization of state administration.