DOI: 10.7256/2454-0706.2020.6.32958

Abstract: The subject of this research is the analysis of mechanisms of compensation for property damages causes by commission of a crime that are implemented in foreign legal systems. The object of this research is the texts of normative legal acts, case law materials from a number of European and Asian countries, as well as legal research on the topic. Familiarization with foreign experience of compensation for crime damages can present interest for Russian researchers, and serve as the basis for developing substantiated empirical recommendations on improvements to the system of current Russian legislation. The author determined a number of common development trends of the mechanisms of compensation of damages to the victims of crimes in foreign law. Among these trends are the recognition of the need to strengthen protection of the rights of victims; creation of several alternative mechanisms of compensation for criminal damages, with the choice left to the actual victim; creation of public compensation funds, intended to ensure reparation of the violated rights of citizens in cases where crime was unsolved or property of the criminal was insufficient to fully compensate damages incurred by the victim.

DOI: 10.7256/2454-0706.2020.6.32600

Abstract: This article discusses the consequences of coronavirus pandemic for the social world. Therefore, the author analyzes the current situation in the West and in Russia, and compares different estimates and forecasts of the political scientists. He views the state as a social technique, institution and policymakers, demonstrating that government as a social institution could be captured by the communities (industrial-financial elites, autocratic community, separate overmen) and utilized for purposes other than intended. The article analyzes the scenario of potential unfolding of events after the pandemic. The work employs the following methodology: articulation of the problem; comparative, historical, and situational analyses; creation of concepts and scenario; analysis of opinions. The author was able to rationalize the existing positions expressed by a number of sociologists and political scientists pertaining to coronavirus pandemic, as well as comprehend certain peculiarities of modern sociality. It is demonstrated that in order to understand consequences of the pandemic, it is necessary to analyzed not only the globalization processes, but also crises of the modern state, society and civic consciousness.

DOI: 10.7256/2454-0706.2020.6.32853

Abstract: The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

DOI: 10.7256/2454-0706.2020.6.32734

Abstract: The goal of this article consists in the analysis of phenomenological characteristics and legal correlation of the definitions “national interests” and “national security”. The author highlights doctrinal and conceptual peculiarities of consolidation of national interests in the modern Russian legal system, determines the priorities of establishment of the system of national interests, as well as proposes optimal means for formation of the system of national interests through the integrated model that ensures adequate inclusion of the objectively nationwide interests, creation of mechanisms of their protection and implementation. The efficiency of international legal mechanism of ensuring national interests in Russia on the regional and global scale is being analyzed and assessed. The priorities of international legal cooperation in the context of ensuring national security and protection of national interests are determined. The scientific novelty lies in the statement that sequential analysis of the problems, which emerge in terms of building the system of national security and in the sphere of fulfilling national interests, may significantly affect the theoretical-substantive  and technical-legal aspects of the regulatory-protective activity, establish a closer correlation between the fundamental elements of Russian legal system, including elements of the mechanism of ensuring national security.

DOI: 10.7256/2454-0706.2020.6.32695

Abstract: The object of this research is the Model provision on the commission on coordination of anti-corruption work in a constituent entity of the Russian Federation, approved by Decree of the President of the Russian Federation of July 15, 2015 No.364 “On Measures to Improve the Organization of Anti-Corruption Activities”. The subject of this research is the key tasks of the commission on coordination of anti-corruption work in a constituent entity of the Russian Federation. The author examines the questions of government anti-corruption policy, describes and explains the content of such tasks, gives recommendations on the improvement of work of the commission. Research methodology contains regulatory acts of the Russian Federation and its constituent entities, as well as writings of the Russian scholars. The scientific novelty lies in the statement that passing of regulatory acts on the organization of activity of the commission on coordination of anti-corruption work in a constituent entity of the Russian Federation was not accompanied by any serious scientific developments; and the questions pertaining to the main vectors of activity of the commission of coordination of anti-corruption work in a constituent entity of the Russian Federation have not yet received wide coverage. The conclusion is made that constituent entities of the Russian Federation should consolidate by their regulatory acts the tasks, functions, mechanisms and means of implementation, as well as organization of activity of the commissions on coordination of anti-corruption work, considering the specificity of realization of government anti-corruption policy in a particular constituent entity of the Russian Federation.

DOI: 10.7256/2454-0706.2020.6.32358

Abstract: The object of this research is the questions of determination of legal status of the prosecutor participating in arbitration proceedings, and problematic aspects pertaining to exercise of his powers in reference to arbitration with a claim, as well as entering the proceedings in accordance with Part 5 of the Article 52 of the Arbitration Procedure Code of the Russian Federation. The subject of this research is the materials of prosecutorial law enforcement practice and case law, as well as the norms of arbitration procedure and civil procedure legislation. The following methods were applied in the course of this work: formal-logical, comparative analysis, comparison, analysis and synthesis, systemic and structural analysis for the purpose of studying separate elements of the legal status of the prosecutor. The author conducted a comprehensive research of the legal status of the prosecutor who participates in arbitration proceedings. A conclusion is drawn that the prosecutor’s status can be defined as a government representative in his participation in the proceeding upon the initiative, or in entering the proceedings in accordance with Part 5 of the Article 52 of the Arbitration Procedure Code of the Russian Federation. In order to determine the legal status of the prosecutor, the author analyzed the powers assigned by the Arbitration Procedure Code of the Russian Federation, as well as describes separated aspects that ate not regulated by the Arbitration Procedure Code of the Russian Federation. Recommendations are given on the improvement of legislation that establishes the mechanism of exercising powers of the prosecutor in the arbitration proceedings.

DOI: 10.7256/2454-0706.2020.6.32739

Abstract: The object of this research is the administrative-economic reform conducted in the Soviet Union in 1957. The subject of this research is the legal acts of the Councils of National Economy. The author meticulously examines the order of passing legal acts by the Councils of National Economy, as well as their policy-making activity. The article provides the analysis of law and draft bills of government authorities of USSR and RSFSR, as well as legal acts of the Councils of National Economy. Classification of the latter by the content and nature of the contained administrative requirements is conducted. In conclusion, it is established that the crucial questions of competency of the Council were usually resolved collectively; however, there was not clear demarcation between the rights of the chair of the Councils of National Economy and the Councils itself. Gaps in policy-making activity with regards to the order of issuance of acts led to unnatural increase in the already significant amount of such acts, which did not make any essential contributions to the work of institutions and enterprises subordinate to the Council of National Economy.

DOI: 10.7256/2454-0706.2020.6.32470

Abstract: This article is dedicated to the theoretical understanding of the problem of ambiguity of the concept of “legal policy” as a complicated phenomenon that has a substantial number of attributes, which connect it with multiple occurrences within the legal sphere of social life and outside it; as well as overcoming such ambiguity through analyzing the diversity of characteristics of legal policy presented in the definitions of modern authors , and formation of the unified definition on their basis that would serve as methodological framework for the research of legal policy in all branches of juridical science. Research methodology includes the general scientific methods, such as analysis, synthesis, comparison, generalization, classification, and systemic approach. The author analyzes different points of view of the Russian scholars on formation of the concept of legal policy; describes their specific features; makes an attempt of their systematization. The conclusion is made on the presence of two different types of approaches towards determination of the content of legal policy. The author highlights most substantial characteristic suitable for both approaches, and offers an original version of a unified definition of legal policy of the state.