Law and Politics - rubric Question at hand

Abstract: This article includes analysis of the latest amendments into the federal law on municipal government, which provide a new institution of responsibility — resignation of the head of the municipal unit. Author comments upon some norms of the federal law, gives examples of application of law in some regions in Russia. Keywords: jurisprudence, responsibility of the head of municipal unit, resignation, preliminary cessation of powers of the head of municipal unit, responsibility of elected persons, responsibility in municipal law, municipal legal responsibility, responsibility towards the people, protection of municipal government

Abstract: As the author points out, there is a number of positive tendencies in the formation of the civil society in the Russian Federation, and they are initiated by the legislation. However, the legislation still remains imperfect, and there’s obvious need for complex and systemic approach to the legal regulation of relations between the civil society and the state, which would ensure development of civil society. Keywords: law, state, society, person, parties, Constitution, interaction, responsibility, sovereignty

Abstract: The author of this article considers that, while jurisprudence is a science of great potential, importance and value for the humankind, the level of its development in the past and in the present could have been much better. In the early XXI century we may say honestly that the achievements of the juridical thought are miniscule compared to those in other spheres of scientific knowledge. We can ask ourselves a simple question: what are the real scientific results, achieved by lawyers of all times and peoples? Shall we look into the achievements of jurisprudence?

Abstract: Currently organization of social life of the whole humankind, as well as of particular states and regions should be based on the Concept of stable development. Unfortunately, in Russia the key points of this Concept do not receive sufficient recognition, and sometimes are totally misunderstood. In this article Professor F.M. Rayanov provides his position on the Concept and evaluates Russia’s activites in the context of the Concept.

Abstract: Do we have notarial secret and advocate’s secret in Russia? This article contains critical analysis of the Regulation of the Government of the Russian Federation of April 16, 2005 N. 82 “On approval of the Provision on the order of transferring information to the Financial monitoring service by the advocates, notaries and entrepreneurs in the sphere of legal and accounting services”.

Abstract: Current administrative reform in the Russian Federation involves virtually all subjects of the executive power, all spheres of state and social life, activities of various organizations. The main goal of this reform is announced as “improvement of the quality of life of the Russian citizens”. What measures are being taken and how effective are they? M.A. Lapina’s article contains analysis of key directions of the reform, steps of its implementation, as well as evaluation of the current state of affairs.

Abstract: In late years, in many, if not all states in the world, there’s more and more attention given to the idea of formation of the strong and powerful state. As A.D. Kerimov points out, currently the strong power state is being morally rehabilitated, and that’s why, it’s the right time for the formation of the scientific concept of the strong state.

Abstract: The issue of whether the Russian model of federalism is based on some reasonable basis needs some clarification. On one hand, we should agree. The federal system in Russia, at least as constitutional legal provisions and some elements of its statehood, could not have been formed without ideological impulse. On the other hand, as the author points out, it’s hard to give a totally clear-cut answer.

Abstract: The author provides a legal analysis of the war in Southern Ossetia. Based on above-mentioned analysis the author comes to a conclusion that all persons, who ordered, planned and implemented the armed intervention of the Georgians to the Southern Ossetia may be held criminally responsible (based on part. 3 of Art. 12 of the Criminal Code of the Russian Federation). It is most likely that the articles on murder and use of forbidden means of waging war shall be applied. With some reservations, it is also possible to use articles on genocide and mercenary actions.

Abstract: A set of legislative drafts, initiated by the President of the Russian Federation and devoted to fighting corruption, is one of the key-priority legislative matters of the spring session of 2008. It establishes, that on one hand the Russian Federation fulfilled its international obligations aimed to fight corruption, and on the other hand, failed to achieve some important results in this sphere, so the scale and character of corruption is still a threat to the Russian Federation.

Abstract: attention is paid to police as preliminary investigative body. Having analyzed the law, the author makes some critical points and gives some advise, that may be used by legislator for the further improvement of the law in question.

Keywords: jurisprudence, law, police, investigation, expertise, publicity, glasnost, fairness, explanation, detention, custody.

DOI: 10.7256/2454-0706.2018.10.27358

Abstract: This article explores the questions of legal regulation of work migration of the citizens of third countries into the EU. Migration on a globalized world is polyoptional and diverse. Covering various social groups, we well as multiple areas of public livelihood, it represents one of the most active driving forces contributing to growth and reallocation of labor resources in the EU, contributing in turn to its economic growth. The necessity to solve the issues pertaining to work migration is substantiated by the creation of the corresponding legal base on the international level and harmonization of the internal legislation of the EU member-states. The methodological base of this research includes general scientific methods (analysis and synthesis, dialectics, logical method), as well as special legal methods: historical-legal, comparative legal, formal legal analyses. The author concludes that the EU and its member-states need to continue reworking the domestic and European legislation in the area of labor and strengthening the integration in the labor market. The efforts should be coordinated towards creation of legislative base on the issues of trans-state exchange of workers from third countries. At the same time, optimization of the migration policy in Europe is not possible without solution of the issues related to socio-psychological, cultural and language adaptation of the migrants.

Keywords: integration processes, socialization, labor migrants, labor migration, The European Union, legal regulation, European law, globalization, international law, international relations

DOI: 10.7256/2454-0706.2020.3.32306

Abstract: This article presents the analysis of the current Russian civil legislation that regulates warranties of contractual obligations, which represent a fairly new contractual instrument for Russian economic turnover and means of securing performance of obligations (mainly by co-signing and independent warranty), being the traditional legal construct for Russian legal order. To carry out detailed study and comparison of the aforementioned legal constructs, the author also examines the relevant case law and doctrinal approaches regarding the subject of obligations, performance of obligations, means of securing performance of obligations, and civil legal responsibility. The methodology is based on the dogmatic, formal-logical, systemic, analytical and other methods. The result of this research yielded a conclusion that warranty within the system of Russian civil law is an independent legal instrument and is not a part of the system of means of securing performance of obligations, even in presence of coincidence with some of such means. The main criterion for distinction consists in the different functional and target designation of such legal means.

Keywords: contract, contract law, law of obligations, obligation, guaranteeing fulfilment of obligations, representation about circumstances, civil liability, civil law, additional obligation, reason for an obligation

DOI: 10.7256/2454-0706.2020.9.33400

Abstract: The subject of this research is the novelties in constitutional legislation of the Russian Federation, namely legal provisions that supplemented the main law of the country in 2020. Alongside the renewed constitutional norms, the author analyzed the related articles of the current Russian legislation, as well as separate regulatory provisions of constitutional nature of the foreign countries. The scientific novelty of this work is substantiated by the objective factors associated with recent amendments to legal matter of the Constitution of the Russian Federation of 1993, and thus, practically full absence of scientific legal research on this topic. The author also notes the primary importance of studying the renewed basic constitutional provisions for academic community, as well as the entire Russian society. In conclusion, it is noted that the Third Chapter of the Constitution of the Russian Federation dedicated to federative structure undergone significant changes. Despite the fact that there are certain questions to revision and location of some newly accepted constitutional norms, the results of the Russian Constitutional Referendum of July 1, 2020 give an overall positive assessment of the new version of the Constitution of the Russian Federation.

Keywords: subjects of reference, administrative policy, social policy, federal structure, amendments, Constitution, ideology, pension provision, salary, patriotism

DOI: 10.7256/2454-0706.2020.11.34255

Abstract: The subject of the study is the organizational model of local self-government introduced by Federal Law No. 8-FZ of February 3, 2015, which provides for the election of the head of the municipality by the representative body of the municipality from among the candidates submitted by the competition commission based on the results of the competition. The purpose of the work is to give a comprehensive assessment of the organizational model of the "competitive" head of the municipality and determine further prospects for its use, for which the tasks are set to consider the main features of the organizational model of the "competitive" head of local selfвЂ“government and identify their strengths and weaknesses. In his work, the author relied on general scientific and private scientific research methods, namely: analysis, synthesis, historical method, modeling method, special legal method, etc. В The results of the study of the organizational model of the "competitive" head of the municipality revealed a number of significant shortcomings, on the basis of which the inexpediency of the widespread use of the model in question and the need for a selective approach depending on the type of a particular municipality is shown. The scientific novelty of the conducted research is due to objective factors of reality and consists in substantiating practical problems by the lack of theoretical development of the specified organizational model of local self-government. As a result, legislative solutions aimed at improving legal regulation in the field of organizational foundations of local self-government through the wider use of the institute of rotation are proposed.

Keywords: head of the local administration, competition commission, contest, representative body, subject of the Russian Federation, responsibility, control, requirements for the candidate, term of office, head of the municipality

DOI: 10.7256/2454-0706.2021.7.35881

Abstract: The subject of this research is the theoretical, legal, and economic aspects of the development of shared ownership in the conditions of networkization in the context of its possible impact upon the institution of ownership. Along with studying the opposite views on this process and specific examples of its functioning, the author demonstrates that the intensity of the development of shared ownership depends on the change in the attitude of market participants (producers and consumers) to the range, quality and lifetime of products, as well as that cost-effectiveness of shared ownership results from intensified utilization of material resources through the use of digital technologies. The relevance, theoretical and practical significance of this research are substantiated that the existing idea of shared ownership received a new boost, which requires determining the legal consequences of this process. The acquired results indicate that in the digital environment (via online services), shared ownership is the coordinated interaction of equal participants to receive (provide) or share access to goods and services, and should be qualified as a short-term lease, which due to lack of conformity to generally accepted standards and individual preferences of the consumers requires legal protection of the parties to the process.

Keywords: consumers, peer-to-peer, short-term rental relations, rent, ownership rights, property, sharing economy, networking, standardization, customization

DOI: 10.7256/2454-0706.2021.4.35399

Abstract: The object of this research is the social relations that emerge in the context of participation of the prosecutor in consideration of civil cases by the courts of appeal, as well as the problematic aspects of the exercise of his powers in consideration of such cases. The author analyzes the essence of prosecutor's participation in consideration of civil cases by the courts of appeal, and the possibility of attributing such participation to one of the forms of prosecutor’s participation in consideration of civil cases by the courts. The subject of this research is the case law materials, legislative norms that regulate the indicated social relations, as well as the developed positions pertaining to the essence and separate aspects of the prosecutor's participation in consideration of civil cases by the courts of appeal. The prosecutor’s participation in the appellate instance has traditionally been the subject of research among legal scholars; this is associated to the specifics of this institution, that incorporates the elements of consideration of cases by the courts of first instance and their revision, which, in turn, generates discussions on the composition and procedure for the exercise of powers of the prosecutor participating in the appellate instance. At the same time, such research mostly dealt with participation of the prosecutor in consideration of criminal cases by the courts of appeal, while the problematic aspects of prosecutor’s participation in consideration of civil cases by the courts of appeal remained virtually unstudied, which defines the novelty of this work. The author formulates recommendations on the amendments to the current legislation on the forms of prosecutor’s participation in consideration of civil cases by the courts and the procedure for participation in consideration of civil cases by the courts of appeal, the implementation of which would allow the prosecutor’s office to achieve the goal of protection of citizens’ rights and optimization of consideration of civil cases by the courts of appeal.

Keywords: state representative, civil procedure, protection of rights, appeal submission, exercise of authority, giving an opinion, form of participation, appellate instance, prosecutor, retrial

DOI: 10.7256/2454-0706.2021.8.35998

Abstract: The subject of this research is the contractual (business) networks and their impact upon consumer well-being from the perspective of current legal regulation and prospects. As an example, the author chose an Italian model il contratto di rete. Attention is focused on such questions associated with the activity of contractual networks as the advantages for the companies that are part of the network with or without legal capacity; consumers; the so-called “beneficiary members”, who are not the parties to the network creation agreement, but may have benefits or costs from interaction of its members. The novelty of this research consists in determination of the advantages and disadvantages of the activity if contractual networks. It is also noted that the current trend towards creating business networks on a contractual basis (legal entity or contract) is carried out in terms of complementarity and economic autonomy for the purpose of obtaining competitive advantages by increasing productivity, innovation potential, profitability, etc., and raises issues on the liability with regards to binding results of network cooperation through creating a special form of their secondary impact upon the beneficiary members.

Keywords: liability, European Union, S&M enterprises, Italy, beneficiary members, contractual networks, networking, legal peraonality, advantages, family businesses

DOI: 10.7256/2454-0706.2021.10.36096

Abstract: The subject of this research is the development of artificial intelligence in Brazil based on the recently adopted act “National Strategy for the Development of Artificial Intelligence” of April 2021 with an emphasis on the military sphere through the prism of legislative provisions on intellectual property, potential and needs of the country, as well as real joint projects with its foreign partner Israel in the sphere of procurement and engineering of unmanned aerial vehicles (Harpia, Elbit Hermes 900 and 450, IAI Heron). The relevance of this article is substantiated by timely consideration of the legal perspective of the approaches of Brazil towards the implementation of artificial intelligence, as multiple foreign states aim to implement the adopted strategies in this sphere. The scientific novelty consists in the following positions: artificial intelligence can be implemented in production, public safety and public authority, through ensuring the due level of the development of such crucial components as education and human resources, scientific and technology infrastructure, and business foundation, legal regulation and management, as well as taking into account international experience. At the same time, the technologies underlying artificial intelligence and machine learning – computational models, algorithms of classification, clusterization, educational, and others are not subject to patenting in Brazil (same as in the European Union), although are regarded as inventions for solution of technical issues – as the engineering applications of artificial intelligence.

Keywords: AI Strategy, intellectual property, unmanned aerial vehicles, military technologies, artificial intelligence, mathematical methods, Brazil, BRICS, patenting, armed forces

DOI: 10.7256/2454-0706.2021.9.36076

Abstract: The subject of this research is the trends and prospects for the development and implementation of artificial intelligence in the military sphere of one of the BRICS member-states – South Africa in the context of national acts (for example, the Law of 2008 “On the Right of Intellectual Property for State-Funded Research and Development”), the potential and needs of this country, as well as achievements in design and manufacturing of unmanned aerial vehicles by the competitor companies (Seeker 400, MA 380, etc.). The relevance of this topic is substantiated by timely consideration of the legal perspective of the approaches of South Africa towards the implementation of artificial intelligence. The scientific novelty of this article is defined by the focus of research and the acquired results. It is determined that South Africa takes the path of institutional, legal and practical consolidation of the development of artificial intelligence in form of creation of designated infrastructure (on the premises of the universities, for example, Intelligent Systems Group at the University of Pretoria), as startups, scientific network structures (Center for Artificial Intelligence Research), etc. It is demonstrated that South Africa is the manufacturer and seller of the line of unmanned aerial vehicles that are controlled by the artificial intelligence and capable of performing various civil or military tasks – from moving cargo (including laser-guided bombs) to monitoring the territory (search and rescue or reconnaissance operations, damage assessment from natural disasters or combat operations, control conduct of fire at enemy positions, etc.).

Keywords: law, ethics, venture capital financing, state financing of R&D, unmanned aerial vehicles, military technologies, artificial intelligence, South Africa, BRICS, personal data

DOI: 10.7256/2454-0706.2022.6.38174

Abstract: This research is the first part of the article, in which, based on the analysis of historical precedents, a study of the procedure for excluding UNESCO World Heritage sites from the corresponding World Heritage List is conducted. The authors highlight common problems in the protection of World Heritage sites, the interpolation of which in relation to such a World Natural heritage site as Lake Baikal creates prospects for preventing the occurrence of the most negative consequences. A detailed analysis of the difficulties in the conservation of World Heritage sites, which lead to the exclusion of objects from the World Heritage List, based on world experience, is proposed. In the work, one of the problems of preserving World Heritage sites, which served, in particular, as the main reason for the exclusion from the List of such an object as the Arabian Antelope Reserve, is called insufficient certainty, as well as insufficient clarity in establishing the boundaries of World Heritage sites. The authors substantiate this thesis and draw a conclusion about the importance of strict compliance by the participating countries with the norms formed in the main relevant international documents. In addition, it is noted that the exclusion of an object from the UNESCO World Heritage List may lead to the appearance of non-compliance of the object with the criteria of outstanding universal value.

Keywords: world heritage, arabian antelope reserve, environmental crime, environmental offenses, world heritage site, biological diversity, environmental protection, outstanding universal value, World Heritage List, UNESCO World Heritage Site

Abstract: This article by Professor Y.A. Dmitriev contains a critical analysis of the Decision of the Constitutional Court of the Russian Federation N. 13-P of December 21, 2005, which finally put an end to the argument on constitutionality of the appointment of governors under the Federal Law “On the general principles of organization of legislative (representative) and executive bodies of the state power of the subjects of the Russian Federation” as amended on December 11, 2004.

Abstract: Practice of use of the SAS “Elections” (“Vybory”) shows gaps in the existing Russian legislation, which, in turn, do not allow to use the SAS “Elections” in a most effective way to ensure and implement election rights of the Russian citizens. The article by S.I. Semiletov is devoted to the topical issues of legal regulation of the SAS “Elections”, in particular, to the public authenticity and legal power of electronic documents, correlation between the SAS “Elections” and the Internet. The article also contains a number of proposals aimed to amend the existing legislation.

Abstract: Institute of representation has deep historical roots. Traditionally, it provided those, who were unable to represent themselves in court due to physical or moral reasons, with adequate protection. Then court representation became a professional activity. In S.V. Anokhina's article she studies the genesis and development of representation from the very first written code till the end of XVIII century.

Abstract: Formation of a developed civil society was set as a goal of Russian political reforms at an early stage of its post-Perestroika development. What are our achievements by now? What is the relation between the middle class and civil society in Russia? In Professor Dobrynin's article one can find analysis of nature and role of civil society as a whole in modern Russia.

Abstract: The Constitution of the Russian Federation of 1993 was adopted more than 10 years ago and lately there is more and more discussion related to reviewing its provisions and amending the Constitution. In Y.N. Starilov’s article one can find analysis of the role of the Constitution and of the values, that it holds for the modern Russia. The author also reviews positions of leading Russian theoreticians and practitioners in this field.

Abstract: Is constitutional law by itself capable of exercise of justice? This issue gained new importance in the light of a great number of new Constitutions of the post-Soviet states, which are aimed to ensure new social rights and constitutional goals in the conditions of abrupt change of the social order. This article by Professor G. Lubbe-Wolf, member of the Constitutional Court of Germany, casts light on this issue, contains analysis of the problem in the context of Germany and other European states.

Abstract: Analysis of legal doctrine as belonging to traditions of a certain legal family allows both a legal scholar and a legal practitioner to work with legal materials more effectively. In this article A.V. Egorov proves that correct understanding of form and content of a legal doctrine as belonging to a certain legal family is a “must” for correct application of law and understanding of foreign legal traditions. In this article the nature of a legal doctrine, its main functions and its difference from legal theories are studies. The author also pays attention to the existing classification of legal doctrines.

Abstract: Are the subjects of the Russian Federation capable of establishing their own bases of constitutional order in the sphere of property? Or should they replicate the provisions of the federal law? In his article A.N. Samochkin studies the place of the institution of property within the two-tier system of constitutional legislation of the Russian Federation. The article also contains critical evaluation of provisions of constitutions and ustavs of the subjects of the Russian Federations and various solutions, that are present in the constitutions and ustavs of the subjects of the Russian Federation. The author then comes to the conclusion that one cannot consider the institution of property to be completely formed, since there are serious contradictions between the norms, that were passed on the federal level and norms passed on the regional level.

Abstract: In this article Professor A.N. Kokotov explores a number of aspects of the issue of trust in the relations between the government bodies and the society, and, as a result, in the legislation of the Russian Federation. Author also analyzes trust and distrust as subjects for regulation, ground for the law-enforcement activity. In this article one can find analysis of trust as a constitutional and legal value and study of the case law of the Constitutional Court of the Russian Federation on this issue. This article casts light on the issue of trust (distrust) as a constitutional and legal dimension of legal reality in Russia.

Abstract: In this article A.V. Aleshin studies specific features of the status of a state mediator in export trade of military (defense) products. As the author notes, this type of activity can be realized only within the limits of specifically set powers, so the subjects of trade have to have specific legal capacity for the international trade in military sphere. This article contains analysis of various kinds of legal capacity, modern legislation and gaps in it.

Abstract: At the session of the Council of State of the Russian Federation on July 2, 2005 in Kaliningrad the discussion concerned the role of the subjects of the Russian Federation in the social and economical development of our country and their responsibility for improvement of level of life of the people. As the mass media reported, the discussion also concerned the issue of improvement of federal relations and optimal division of powers. The author shares his "insider" impressions on these relevant and important issues with our readers.

Abstract: By now it has became obvious that the Russian reform policy, with which much hope was endowed, did not meet our expectations. It was planned to free the state from the “overload” of functions related to management of economical activities of various enterprises, so that the state could, in particular, ensure the due level of social guarantees for the people. In fact, the social sphere is now in the state of crisis. Monetization of benefits and realizations of infamous Federal Law N. 122 on monetization of benefits caused much uproar throughout Russia. What should then be done for the social guarantees to be duly secured? N.M. Dobrynin offers his answers to this questions and reviews a number of related issues in this article.

Abstract: In summer 2005 our famous contemporary legal scholar Academician of the Russian Academy of Science V.S. Nersessyants passed away. His doctrine of state and law can truly be seen as a classic one. At the same time, while V.S. Nersesyants never made new knowledge keenly “practical”, the author of this article wishes to express a number of thoughts, related to theoretical inheritance of V.S. Nersessyants on interdisciplinary connections of jurisprudence, and dialectics of law, in memory of Academician Nersessyants…

Abstract: Before the Presidential elections in Kazakhstan there was a lot of forecasts on negative electoral attitude, coming chaos and instability. The authors of this article were members of the official international observers’ mission at the elections of the President of the Republic of Kazakhstan, they met with the representatives of the Central Election Commission of Kazakhstan and City Election Commission of Almaty, held roundtables and press-conferences, visited a number of electoral areas. In this article they give their impressions of the elections. In particular, the authors note that the differences in the evaluation of the elections by various groups of observers have to do with differences between the Eastern and the Western “schools” of electoral observers, with the tendency of the latter school to use “double standards”…

Abstract: It has been more than ten years since new Constitution of the Russian Federation of 1993 enshrined the bases of Russian federalism. However, as N.M. Dobrynin notes, one cannot say that Russia has become a truly federal state. And the problem is not limited only to the imperfections of constitutional provisions and their declarative character, but is also obvious in realization of constitutional provisions in national legislation and in practice. And we should be really sorry, that instead of a basic reconstruction of the Russian state towards the true federalism, we’ve only had a mere “federal redecoration”…

Abstract: The doctrine of academic freedom is a well-established tradition in the Western phylosophy of law and it is provided for the in the legislation of many states. However, Russian legal science traditionally paid less attention to it, with some exceptions. This article by L.M. Volosnikova is devoted to the problems of academic freedom, its phylosophical and legal aspects. In particular, she studies the works of Sergey Iosifovich Gessen (1887-1950), his understanding of the structure of culture, role and place of academical freedom within this structure…

Abstract: Significance of normative legal acts of the executive branch within the legal system of the Russian state is obvious, and these acts are vital components of the mechanism of applying law. At the same time these acts, while they provide for realization of requirements of law itself, are capable of strenghtening or weakening normative legal rules, influencing these rules’ efficiency, subject of their regulation, mutual relations of its subjects. This article reflects upon the main stages of procedure of passing and registering normative legal acts of the executive branch in the Russian Federation.

Abstract: Analysis of causes of formation of certain state and territorial structures and of their development have for a long time been of great interest to scientists. However, the topical issues of causation and evolution of federations and, speaking more broadly, of polycentric systems do not seem to be adequately represented in scholarly writing. One of the reasons for such a lack of recognition is that it is merely impossible for a single legal science to encompass all the aspects and elements of such a complex matter as federalism surely is. In order to achieve it, one needs interdisciplinary approaches, use of various sciences. Does the synergy have the necessary potential to cast light on specific features of federalism and the dynamics of its development? Part 1 of this article, which is devoted to the study of the synergetic approaches to the models of federalism, is presented in this journal.

Abstract: What danger does corruption pose to society and what is the role of public authorities in containing it? Corruption does not allow the state to achieve the implementation of its strategic tasks if these tasks contradict the interests of oligarchic groups, while the price of public administration increases. Corruption damages the economy and reduces the overall well-being of the country. It also contributes to undermining the authority and prestige of the government. Moreover, it calls into question its legitimacy. If officials and politicians compromise themselves in the eyes of the people, then people have distrust of government and management structures. When studying social tension in society, one of the most important factors is the factor of distrust of the authorities. The article by P.A. Minakov examines the history of corruption from ancient times to the present day, the impact of government corruption on modern society.

Abstract: Observing the process of federalism development in many countries and comparing this process with the evolutionary change of federalism in Russia, three stages can be distinguished that characterize significant changes in the social and state system. N.N. Arzamaskin's article presents the characteristics of these stages. Having considered them, the author comes to the conclusion that the modern form of the Russian state structure, while maintaining a certain continuity with the federal nature of the RSFSR (combining the national-state and territorial principle of the structure), testifies to the uniqueness of Russian federalism in comparison with classical federations of foreign countries.

Abstract: Russia is one of the largest states in the world, including a vast variety of climatic zones, various nationalities and ethnoses. Thus, it has all the necessary prerequisites for a federal states. However, Russia also needs to be a federation, which acts upon the constitutional principles and pays attention to interests of various peoples and territories. It, in turn, calls for a reform of current federal relations.

Abstract: At the current stage of development of Russian statehood many politicians and legal professionals consider, that the call for amendments ot the Russian Constitution is a false alarm. The key argument for the preservation of the existing Constitution is relative political stability in the Russian society. At the same time everyone seems to acknowledge the “shopwindow” character of the Constitution as is. How can one avoid this contradiction and bring our Constitution into touch with reality? What is the role of the Russian science in this project? In this article N.M. Dobryunin expresses his view on this issue.

DOI: 10.7256/2454-0706.2018.3.25926

Abstract: The subject of this research is the events and factors that have direct impact on the establishment, development, and activity of the private military companies (PMC) of the United States in terms of modern warfare in other countries. The goal of this work lies in analysis of the United States experience in use of the private military companies for achieving the military objectives alongside its effectiveness; determine the areas for future research of the activity of PMC; reveal the potential of international community aimed at regulation of the private military business. Attention to the legal facet of the issue substantiates the need for legislation and oversight for the action of PMC, which requires attention to the issues of ethical nature. Conclusions can be made that as long as the activity of the PMC is not meticulously studied and introduced into the legal field, the moral-ethical issues and problems of criminal punishment for the acts committed will remain unsolved. The services of PMC will continue to be in demand in the future by not only the U.S. government, but also private organizations and transnational corporations for achieving their personal goals.

Keywords: formation of private business, regions of the world, military purposes, USA, private military companies, ethics, law, hired troops, conducting military operations, modern conditions

DOI: 10.7256/2454-0706.2018.5.26243

Abstract: This article examines the fundamentals of legal regulation of the use of public highways in the Russian Federation. The authors consider the terms under which the object is recognized as private road for public use; as well as analyze the existing in legal doctrine and judicial practice approaches towards determination of the content of proprietary right to such objects. A need is substantiate for adoption of the special legal norms by the subjects of the Russian Federation that establish the legal regime for private roads alongside the administrative responsibility for its violation. The authors come to a conclusion about the need for improving the rights protection mechanism and the interests of private roads owners secured by law. The use of privately owned property for the socially valuable purposes predetermines the necessity for strengthening public legal protection of the interests of owners of such property. The article suggests the ways of improving the current legislation that regulates the private roads.

Keywords: administrative responsibility, administrative offences, differentiation, powers, order of use, legal regulation, property rights, subjects of the Russian Federation, Russian Federation, private roads

Abstract: Although historical experience of German constitutionalism is obviously relevant and interesting for Russia, Russian historical and legal science does not seem to pay enough attention to it. This article is devoted to filling this gap, and is, in fact, a part of a voluminous study on German constitutionalism, which is meant to analyze the ideological and theoretical roots and organization basis of German constitutionalism after Germany was freed from Napoleon's rule. The Constitutions of the German Union, Viennese Acts of 1815, as well as the Constitutions of the South German states served as a primary source for the study.

DOI: 10.7256/2454-0706.2021.1.34835

Abstract: This article analyzes the conditions and legal ramifications of application of videoconference in various forms of criminal legal proceedings, highlighting practical issues emerging in arrangement of participation of parties in criminal proceedings via videoconference calls. As a product of digital technologies, videoconference is examined not only as a formal means of communication used by parties to a legal proceeding, but also as one of the means of exercising the right to a fair trial. The object of this research consists of communication and procedural relations arising between the parties to a legal proceeding with application videoconference. The subject of this research covers the entire complex of fairly recent norms for the Russian criminal procedural regulation governing application of videoconference on various stages of criminal proceedings on a case. The article contains practical recommendations by indicators that should be considered in determining optimal forms of participation in a criminal proceeding, as well as actions of parties that must be undertaken if during application of videoconference, the rights of the defendant are violated or the standards of fair trial are not being met. The article complies answers to the most topical questions on videoconference calls, taking into the consideration practical experience of the author, as well as relevant case law of the Russian courts and the European Court of Human Rights. The conclusion is made that application of videoconference is allowable in legal proceedings of the courts of first instance and courts of appeal in criminal cases heard in special order, cassation instance, supervisory instance, in execution of sentence, as well as within the framework of judicial control at pretrial stage in a criminal case, but only if procedural guarantees could be provided to all parties of the proceedings. In a trial by jury such technology is unacceptable.

Keywords: witness safety, cancellation of sentence, remote interrogation, right to a fair trial, right to defense, video conferencing, Digitalization, multi-point conference, video technology, ECHR

DOI: 10.7256/2454-0706.2020.7.33176

Abstract: The subject of this research is the legal and moral-ethical framework of euthanasia (“a good death”) in such BRICS countries as Brazil, Russia and China from the perspective of analysis of the current regulatory and other acts and documents, doctrine, opinions of legal and medical experts, who provide pros and cons of such measure as euthanasia. The raised questions are viewed and analyzed from the position of an alternative to the previously researched aspects of therapeutic cloning, bioprinting (3D printing), growing organs and tissue that are developed and implemented in the context of the idea “No One Should Die”. The scientific novelty of this work is substantiated by articulation of the problem (examination from the perspective of law and moral-ethical perceptions), choice of countries (BRICS member-states), and analysis of the most recent materials (for example, Law of the People's Republic of China “On Basic Healthcare and Health Promotion” passed on December 28, 2019 (effected on June 1, 2020); Resolution of the Ministry of Health of Brazil of October 31, 2018 No.41 “On Recommendation for Organization of Palliative Care within the framework of Help Provided Through Unified Healthcare System”), and earlier, but also relevant acts and documents (Law of the Russian Federation of November 21, 2011 No. 323-FZ “On the Basis of Health Protection of Citizens in the Russian Federation”, amended on April 34, 2020, etc.). A conclusion is made that euthanasia could be only active and voluntary, when a decision is made by a person with incurable disease, of sound mind, who comprehends the actions and their consequences.

Keywords: vegetative state, terminal stage of cancer, incurable diseases, assisted murder, murder, criminal offence, euthanasia, BRICS countries, palliative care, patient autonomy

DOI: 10.7256/2454-0706.2021.5.33888

Abstract: The goal of this research is to determine whether the Russian legislation on protection of competition contains the norms that allow preventing anti-competitive practices of digital platforms, and whether it is necessary to make corresponding amendments. The subject of this research is the anti-competitive practice of digital platforms, response measures of the state, antimonopoly legislation, and recommendations on its improvement. The research methodology is based on the analysis of relevant examples of anti-competitive behavior of digital platforms on the Russian and foreign markets, and qualification of such behavior from the perspective of Russian legislation. In the course of this research, the author solves the issue on the sufficiency of legal material for conducting qualification of such behavior; describes the response measures taken by the competent government authorities of various countries, as well as the measures proposed by the researchers. As a result, the author systematizes the data regarding the antimonopoly practice of digital platforms depending on the type of violations. All examples of antimonopoly practices can be qualified as anti-competitive in accordance with the effective legislation of the Russian Federation. If they are not listed as particular violations, then fall under the general categories of acts prohibited by law, considering the non-exhaustive nature of such lists. Misuse of “the platform authority” by the digital platform, reflected in the fact that it utilizes the transaction and customer data, should be qualified as unfair competition. For preventing the anti-competitive practices of digital platforms, it is proposed to develop the system of measures aimed at minimization of risks of the clash of interests and elimination of its consequences: ban of the owner of the digital platform for joint activity of his activity with the activity conducted the clients of the platform; restrict participation of the owner of the platform in companies that conduct types of activity that compete with the clients; disclosure of information on their affiliates engaged in the activity similar to such of the clients of the platform; introduction of the criteria for such affiliation, along with the obligation to compensate for the losses of clients inflicted by the clash of interest.

Keywords: abuse of digital platforms, antitrust regulation of the platforms, protection of platform competition, regulation of digital platforms, unfair competition of platforms, changes in competition law, competition of digital platforms, changes in antitrust legislation, digital platforms, the market power of digital platforms

Abstract: Throughout the late years a lot of criticism was directed at the level of professional education and activities of our lawyers. In A.E. Zhalinsky's article, he raises the issue of correlation between the state of legal thought and the professional activities of a modern lawyer. Author analyzes some popular approaches in our society, as well as subjective approach of lawyers to their profession, otherwise known as "legal approach"…

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.

Keywords: power, decisions, answers, challenges, knowledge, concepts, sociality, coronavirus, pandemic, society

DOI: 10.7256/2454-0706.2021.7.35968

Abstract: The subject of this research is digital national currencies of the People's Republic of China and the Russian Federation. The advent of the new digital era entails inevitable, objectively dictated digital transformations of all spheres of social life. The financial and banking sector in Russia, China, and other countries, is in need for legislative-digital regulation by implementing digital fiat currency. One of the most promising vectors of development is the creation and introduction of new forms of currencies into circulation, which would be recognized by public authority as a legal means of payment, as well as subject to effective oversight by government bodies. The novelty of this research lies in the comparative legal analysis of the experience, as well as the stages of implementation of digital national currency in the Russian Federation and the People's Republic of China. The article raised a pressing issue on feasibility of introducing digital ruble into the Russian reality, and thus, discusses successful experience of the Chinese government that a millennium ago was first to invent paper currency, and now is one of the world leaders to introduce digital currency alongside cash money. The concept of “digital currency” is often identified with cryptocurrencies and payment systems, which prompted the authors to conduct a comparative analysis of these terms. The analysis of Russian and Chinese legislation in the area of digital currency, as well as the established practice of implementing a new monetary form into the country’s economy, allowed outlining the pros and cons of such innovation.

Keywords: Central Bank of the Russian Federation, the national currency of China, digital yuan, digitalization of the economy, financial law, digitalization, digital currency, digital ruble, People's Bank of China, digital banking legislation

DOI: 10.7256/2454-0706.2021.6.35763

Abstract: The subject of this article is the analysis of the approach of Russian legislator, which links the civil liability of a judge, arbitrator or the state (in accordance with Paragraph 2 of the Article 1070 of the Civil Code of the Russian Federation) with the criminal liability of a judge or arbitrator. The author also considers the following questions: the violation of victim’s right due to the actions of a judge or arbitrator; what would happen if a civil claim of compensation for damages is filed against a judge, arbitrator or the state prior to receiving a court verdict; what are the legal consequences of filing such “preliminary claim”; how to calculate the time allowed for filing a claim of compensation for damages caused to victims. The main conclusion of consists in the observation that the model selected by the legislator implies the creation of an institutional obstacle to compensation for losses caused in dispute settlement: the need for preliminary imposition of liability on a judge or. In this regard, the verdict of the court should not be considered as exclusive evidence of such an element of the tort as "guilt". The victim would not be able file claims for damages against a judge, arbitrator, or the state prior to receiving the correspondent court verdict, and the submitted claim should not be accepted for trial. Thus, the time allowed for filing a claim of compensation for damages starts from the moment of receiving a court verdict, which has entered into force against a judge or arbitrator.

Keywords: Institutional impediments, State's liability for judicial wrongs, Reform of arbitral proceedings, Judicial liability, Arbitral liability, Judicial immunity, Arbitral immunity, Limitation period, Cause of action, Judge's fault

DOI: 10.7256/2454-0706.2021.2.35100

Abstract: The article is devoted to the analysis of communication strategies of various political actors in the public space of Russia, as well as the conceptual understanding of integration and protest moods in Russian society. The research problem is to clarify the optimal strategies for the communicative interaction of various subjects of the political process, including society and the authorities in the process of implementing public policy. Special attention is paid to the interpretation of the integration and protest moods of the population of the Russian Federation in the conditions of constant transformations of the Russian political system. The methodological basis of the study was the basic provisions of political communication studies, as well as a non-institutional paradigm according to which the communication process is presented in the form of multidimensional interactions influenced by formal and informal factors of public policy implementation.The research is aimed at conceptualizing mass communication in the context of achieving public consensus. Quantitative content analysis of strategies of socio-economic development of the regions of the Russian Federation, as well as statistical analysis of secondary empirical data of Russian sociological centers were used as special methods. In the course of the study, the conditions for the functioning of public policy determining the variability of communication strategies are determined, consisting both in the regulatory differences in the involvement of various public institutions and in the uncertainty of the actions of communication subjects to achieve public consent. The scientific novelty of the study lies in the fact that, based on the results of empirical research, three strategies of communication and institutional interaction between various subjects of the domestic political process are proposed, taking into account their socio-psychological attitudes: "integration dialog interaction", "separate coexistence", "patron-client relations".

Keywords: Russian politics, strategies, protest, integration, public opinion, public sentiment, public policy, behavior of the masses, communication, political institutions

DOI: 10.7256/2454-0706.2021.8.36144

Abstract: The subject of this research is the examination of legal perspective on the approaches towards regulation of artificial intelligence and robotic technologies in military sector of the Russian Federation, including in ensuring the protection of the results of intellectual activity of researchers and developers, as well as the analysis of law enforcement practice on the protection of intellectual property in the interests of the state. In this format, the author determines the key conditions for recognition of the results of intellectual activity of military, special, and dual purpose as protectable object in accordance with the effective civil legislation. Attention is given to the practical results of domestic military equipment development using the artificial intelligence systems. The scientific novelty consists in articulation of the problem and approaches towards its research. The conclusion is made wide use of artificial intelligence technologies in the sphere of ensuring national security, as well as regulation based on the technical approach, rather than legal, not only create advantages in the military context, but can also cause issues that must be resolved. Taking into account real achievements in legal regulation of the results of intellectual activity, including the theoretical component, the author ascertains the need for improvement of the legislative framework on both, federal level and bylaws, including for the purpose of achieving a uniform use of the conceptual-categorical apparatus.