Law and Politics - rubric Human and state

Abstract: The Marx paradigm of property is outdated and inadequate for the purpose of refl ecting the current situation in the economics. Hence, there’s an objective need to develop and establish a new paradigm of property, which would be capable of scientifi - cally explaining modern social and economic changes in the state, and to become the basis for the improvement of Russian legislation in order to ensure innovation and modernization processes. The author based on new theoretical approaches to understanding of property provides ideas on optimization of legal regulation of such relations.

Keywords: jurisprudence, paradigm, property, state, law, regulation, modernization, innovation, application of law, law-making.

Abstract: The article is devoted to the correlation of the terms “legal conscience”, “legal culture” and “social rights”, it’s one of the first attempts to study the correlation of these categories, and to establish the influence of the level of legal conscience and legal culture on realization and protection of social rights by the people. Keywords: jurisprudence, conscience, law, knowledge, legal conscience, legal culture, social rights, legal education, realization, protection

Abstract: This article is devoted to the first international convention in the sphere of human rights profection of XXI century – the Convention for the Rights of the Disabled Persons. The study casts light on the role of the Convention in the sphere of protection of disabled persons, as well as on the key stages of acception of this international document, topical issues, which appeared within the process of drafting of the Convention. Keywords: jurisprudence, disabled persons, rights of disabled persons, Convention for the Rights of Disabled Persons, discrimination, equality, integration, Committee for the Rights of Disabled Persons, Council on Affairs for Disabled Persons

Abstract: This article is devoted to the modern aspects of inviolability of private life. The article includes analysis of modern content of the right to inviolability of private life. In particular, the authors single out its application to private life on “inter-individual” horizontal level, analyzes regulation and “balancing” the right to inviolability with other basic rights and freedoms, types of responsibility and subjects of violation of this rights. Keywords: jurisprudence, human rights, inviolability of private life, content, modern understanding, “horizontal effect” of law, regulation, responsibility, guarantees, protection

Abstract: The article includes analysis of the issues of interaction of the NGOs and the state power in the sphere of establishing the human dignity, the author studies the specific features of their cooperation in the sphere of human rights protection. The author also establishes the need for union of such social structures and state bodies, in order to duly establish the human dignity in the modern Russia. Keywords: jurisprudence, dignity, unions, protection, cooperation, state, person, individual, respect

Abstract: Guardianship (curatorship) is an important social and legal institution. Its sphere of regulation did not change for many years, however, the new Federal Law of the Russian Federation “On Guardianship and Curatorship”, which came into force on September 1, 2008, allowed to develop the theory of classification of types and forms of guardianship (curatorship). This, in turn, allows us to understand inner and outer components of legal relations on guardianship and curatorship. Keywords: jurisprudence, guardianship, curatorship, classification co-guardianship, remuneration, contract, patronage, family, foster care

Abstract: Youth crime (crimes, committed by persons age before 30) defines the “features” of Russian criminality, and there are no efficient means against it so far. The article attracts attention to this problem, and the author offers some measures and directions for solving it. Keywords: political science, youth, juveniles, crime, responsibility, punishment, offence, politics, criminal, law

Abstract: The modern state of ecology in many urbanized areas of the world is seen as critical. The motor transportation and the related infrastructure is the main source of input of harmful substances into the environment. That is why the states should establish the efficient ecological transport policy and mechanisms of its successful realization. The analysis of experience of some developed foreign states shows, that the USA, Japan, the EU states take active steps in this direction, and their experience should be applied in Russia too. Keywords: jurisprudence, ecology, car transportation, environment, ecological and motor transportation relations, ecological policy, legal regulation, law

Abstract: Human rights and freedoms may come into reality only when there’s an active legal mechanism, which ensures rights of the convicts, within the specific social, psychological, economical and political context, which would heighten the efficiency of the legal protective institutions and the legal system as a whole. This article provides for the mechanism of realization of the principle of humanism, while executing punishment in the form of deprivation of freedom, it also includes analysis of the problems in this sphere, taking the Astrakhan oblast as an example. The author defines legal and organizational means, which assist the further humanization of the Russian penitentiary spehre. The aricle is written based on the wide range of empiric materials, including the practice of the Ombudsman of the Astrakhan oblast. Keywords: principle of humanism, deprivation of freedom, convict, mechanism of realization of the principle of humanism, penitentiary psycholoogy, personal security of convicts, obligations of convicts, polling of convicts, minimal standard rules of treatment of convicts

Abstract: In the modern Russia the problem of violence to children is a subject to much attention, especially since the children and underage persons are often subject to aggression and cruelty of the grown-up persons. Currently there’s a tendency of change in the age groups of grown-up criminals committing violence against children, they become younger, and there are more facts of violence towards smaller children. At the same time the existing criminal legislation fails to fully protect the children from such crimes. This article provides the analysis of above-mentioned problem.

Abstract: This article includes the study of regulation of marriage and family relations in the Soviet Russia. As the author of this article points out, in the Soviet period the gender paradigm of the state had a number of positive tendencies, such as stabilization of existing families, stimulation of childbirth in the families, the higher number of married spouses. At the same time, since the state needed the women’s labor very badly, it used financial means and literally “pushed the women out of the family” in order to get them to work more and more …

Abstract: Most legal scholars specializing in the sphere of labor law call for further development of the collective agreement method of regulation of labor relations. However, the practice shows that the society is not yet ready for it, and provisions on norm-setting are rare in collective agreements. At the same time the state also fails to provide adequate regulation. This article by E.N. Redikultseva includes analysis of the existing problems in the sphere of labor norm-setting.

Abstract: The political reforms, which are taking place in our country, are aimed to improve the living standard of the people. One of the goals of such reforms should be to overcome the malfunction of the organization of the social protection of children and juveniles. The institution of the Plenipotentiary (Ombudsman) for the Rights of Child holds a special place within the mechanism of social protection of the children. As to the data of June 2007 there are Plenipotentiaries for the Rights of Child in 18 regions of Russia, and the number is the same as two years ago.

Abstract: The level of social security and protection of the juveniles is a prerequisite for the well-being of the society as a whole. The “social security” can be achieved when due to the social policy aimed to achieve national interests of the state as well as to meet the standards of the democratic social state, there is an appropriate living standard, place for intellectual and spiritual development. The “social security of the juveniles” can be achieved by their protection both by the family law means and by the administrative law means, ensuring the social and family policy. It is also of much importance to duly coordinate the legal practice on its various levels.

Abstract: As the author of this article points out, Russian legislation on the rights of underage persons is full of gaps. Dealing with existing problems would help to support normal psychological and physical development of the underage persons.

Abstract: The Constitution of the Russian Federation of 1993 had reflected the changes in all spheres of the Russian society and for the first time in the entire history of the Russian state proclaimed the priority of the individual rights and interests over the other values of state and society. Accordingly, the Constitution of the Russian Federation provides for a number of the constitutional obligations of a state, and effective realization of these obligations is a must not only for the effective functioning of the state, but also for the well-being and security of the Russian citizens. In N.N. Snezhko’s article one may find the characteristics of constitutional obligations of the modern Russian state, as well as the analysis of the problem of their adequate implementation…

Abstract: Sources (forms) of law embody rights and freedoms of an individual and a citizen, ensure their reality for all the people, their independence of the opinions of particular subjects of law, their legal protection. E.S. Kananykina’s article is devoted to analysis of customs, laws and other sources of law, which, as the author notes, are not just the means for the recognition of existing law, but rather one of the necessary factors of lawmaking. The author also studies correlation of law and morals, law and custom, etc. The article contains the study of legal positions of a number of phylosophers, devoted to the issues of sources (forms) of law.

Abstract: V.V. Lapayeva’s article is devoted to the issue of forming a constitutional majority at the State Duma of the Russian Federation. Article contains analysis of procedure of formation of groups within the Russian federal legislature. Currently this procedure, provided for by the Rules of the State Duma, allows the deputies, originally elected by one political party, to join coalitions, which are based on other political parties and election blocs. Author considers it necessary to ensure the balance of independence of the deputies and realization of the political will of the people, as originally expressed by voting for the candidates, representing certain political positions and parties. Author also discusses the possibility of challenging the Rules of the State Duma of the Russian Federation in court.

Abstract: Legal status of an adoptive parent is a combination of rights and obligations, recognized by the law of the Russian Federation, which are necessary for raising, educating, and financially providing for an adoptive child, protection of his rights and interests in all spheres of social relations towards any third party (legal or juridical persons) involved. All of these rights are gained once the contract on giving the child to adoptive parents is concluded. In O.V. Fetisova’s article one can find analysis of rights and obligations of adoptive parents within a number of spheres of Russian law, as well as analysis of defects of acting legislation. Author also provides several conclusions on how modern legislation on this issue could be improved.

Abstract: The right of citizens for the election campaigning is an inalienable part of the basic election right. If this element is not recognized, it damages the footing of the very institution of democratic elections, and makes the elected government bodies illegitimate. Hence, normative regulation of election campaigning should ensure the right of the people to take part in the election campaign, as well as provide efficient legal means to implement this type of activity.In this case effectivity is a key criterion of reality of this important constitutional right…

Abstract: In the opinion of the author of this article, in the past jurisprudence and juridical science alike showed obvious lack of truly scientific component, in spite of the great variety of teachers and practitioners. What measures need to be taken to strengthen the scientific component in jurisprudence?

Abstract: As the author of this article points out, the Constitutions and the Ustavs of the Subjects of the Russian Federation provide for various detail as to the legal status of an individual. Mostly, there are just references to the federal Constitution, or declarations of some provisions on value of human rights in the preambles. This article includes a comparative analysis.

Abstract: Somatic rights cannot be classified in the traditional way. They are not included into the list of natural human rights (right to life, etc.), as they are established by the modern law. They also fail to be included into the list of so-called positive rights (political, cultural, economical). This article by O.T. Slanov is devoted to comparative analysis of human rights of person, citizen and individual and includes analysis of somatic rights.

Abstract: As the author of this article points out, the status of personal freedom of child in Russia is a historically based system of natural and inalienable rights, freedoms and obligations of a person, who did not reach the age of 18. This status is formed by the Russian legislation based on international legal standards, and is guaranteed by both the legal representatives of a child and the state itself.

Abstract: Protection of basic rights and freedoms is one of the key conditions for stability and well-being, as well as for the friendly relations among the people. This article by R.A. Kalamkaryan includes analysis of the role of the UN in this sphere.

Abstract: Legislative recognition of equal rights of men and women is a serious step in overcoming discrimination. The great role in regulation of relations among the sexes belongs to the Family Code of the Russian Federation. The goal of the article is to study the position of woman in the family under the Family Code of the Russian Federation.

Abstract: The family is analyzed as a public legal formation, which represents the interests of its members, the interests of the underage and of the state as a whole, since this specific subject of administrative law (first of all) reflects the success of social policy of the state towards its people. The administrative law not only accumulates legal norms on the status of family members, but also provides for categories of families, establishing their administrative status, allowing them to use administrative instruments, material and technical guarantees.

Abstract: This article includes analysis of the existing legislation, which regulates licensing of activities of the subjects of private health care system. As a result of the analysis, the author points out a number of problem issues, which need solution. The author also provides for a number of measures, which are aimed to improve the mechanism of licensing the activities of the subjects of private health care system in the Russian Federation. Keywords: jurisprudence, licensing, health care, entrepreneurial, legislation, quality, control, self-regulation, sanctions, private

Abstract: The article includes analysis of interaction of power and government while implementing the city planning projects in Moscow. The author stresses public hearings as a form of cooperation. The studies are based on analysis of the legal field, and the author predicts possible influence of public hearings on lowering the level of conflicts among the power bodies and people, while implementing the city planning in Moscow. Keywords: political science, power, state, city planning, cooperation, conflicts, participation, people, efficiency, hearings

Abstract: The article is devoted to the analysis of structural elements of human right to recognition of legal subjectivity. Based on the analysis of international legal acts the author establishes the place of this right within the system of internationally recognized human rights. The author analyzes meaning of this international human right for defining the legal status of a person within the state order

Keywords: jurisprudence, law, person, legal subjectivity, dignity, state, recognition, subject, freedom, individual

Abstract: The article is devoted to topical problems of legislation in the sphere of citizenship, as problems of international law of 1920s. The analysis is based on key provisions of normative acts, such as “Provisions on Union Citizenship” of 1924 compared to legislation of other states. The author comes to a conclusion on successful solution of the problem of double citizenship and various citizenship in the Russian law

Keywords: jurisprudence, law, citizenship, definition, bipatrides, collisions, legislation, priorities, Russia

Abstract: The article is devoted to studies and reconstruction of history of Russian construction legislation in XIX century. The subject of the study is historical evolution of the Construction Ustav — main legal basis for architecture and town planning. The article includes analysis of structure, contents and legal techniques of this normative legal act

Keywords: jurisprudence, town planning, Construction Ustav, codification, systematization, norms, edition, city planning, city formation, legislation, the Russian empire

Abstract: The article includes analysis of accessibility of justice in civil procedure, factors and conditions for it. The author also establishes the role of legal aid as one of means which would allow to make justice more accessible. Based on the above-mentioned analysis the author offers measures to improve legal culture and education of the people in the country. The author also stresses the role of the state in making justice on civil cases accessible.

Keywords: jurisprudence, legal aide, access to justice, accessibility of justice, accessibility of legal aid, factors of accessibility, conditions for accessibility of justice, legal culture, education of people, improvement of legal culture of people

Abstract: The article actualizes the other approach to fighting corruption and its expressions on all levels of relations between state, society and individual. It takes on the ontological characteristics of corruption, which allows to evaluate this antisocial tendency and its nature, its aspects related to legal cognition, legal culture, and general culture. Taking it into consideration shall allow to find more efficient means to fight corruption.

Keywords: jurisprudence, corruption, ontology, corruptiogenous, corrupted, state, society, administration, genetic type, legal cognition

Abstract: This article is devoted to place and role of social protection of army personnel in realization of functions of the Russian state. The author shows the process of singling out social protection of army personnel in functioning of state. He establishes key approaches to the issue, taking historic experience of Russia and the USSR as well as in the foreign states. Much attention is paid to the social protection of army staff at the current stage of reforms and development of the Russian states. Author formulated the ideas on improvement in this sphere of state activity.

Keywords: jurisprudence, social policy, functions of the state, army servants, social protection of armed forces staff and their families, foreign experience of social protection of army staff

Abstract: The article includes the approach, which views behavior as irrational, when such a behavior is a way to accept the reality, which seems non-cognizable, when the situation calls for adaptation for the non-cognizable matters. The author offers a concept, which allows to single out irrational, extreme, extremist behavior, find and predict irrational matters in the behavior of subjects and social groups.

Keywords: political science, extreme, irrational, prediction, young people, adaptation, marginal, behavior

Abstract: The restructuring of the system of higher professional education, which formed in Russia since XXI century as one of the key directions, presupposes improvement of principles of formation of the education policy, as well as the formation of mechanisms, which would guarantee complex and proportional development of the higher education institutions both in the country and in its regions. That is why in order to achieve and ensure stable development it is necessary to ensure the basic level of education, and invest resources into the growing generation.

Keywords: political science, stable development, higher education, education policy, Russian Federation, higher professional education, higher education institutions, national projects, relevant market of education services

Abstract: The article is devoted to the problem of absenteeism, which retains its topicality in Russia. In the author’s opinion, this problem is directly related to implementation of international election standards on the territory of the Russian Federation, its solution should reflect the international experience related to dealing with low activity of electors.

Keywords: jurisprudence, international, election, standards, absenteeism, electoral, activity, electors, elections

Abstract: Currently political and patriotic education of the youth gains topicality and importance in a Russian society. Political education of the youth is a component of the general education process, which is a regular and goal-oriented activity of the government bodies and public organizations, which are aimed at the formation of patriotic consciousness among the young people, promote the feeling of faithfulness to the Fatherland, readiness for performance of their civic duty and the constitutional duties of protection of interests of Russia. Youth’s realization in political sphere is necessary for its development in the modern world. Within the problem of youth’s political participation it is possible to allocate two aspects: low value of political participation for young people and place of politics in a system of youth’s interests.

Keywords: youth, politics, participation, education, realization, values, interests, factors, socialization

Abstract: The article provides a general overview of legal procedure, its genesis, defi nition, characteristic features. From the point of view of human rights, the author evaluates the practice of implementation of legal procedure in the foreign states, he studies certain types of legal procedure, including the sphere of their implementation. Much attention is paid to the role of legal procedure as a guarantee of human rights.

Keywords: jurisprudence, law, procedure, guarantee, process, establishing law, implementing law, protection of law, court, ritual.

DOI: 10.7256/2454-0706.2019.9.30854

Abstract: This article examines the individual acts as the means of legal regulation of spousal property relations. Individual regulation, especially in family sphere, is an objective need, since in many cases the character of family relations excludes the possibility of uniform regulation realized through the legal norms. The goal of this research lies in the definition and characteristics of individual acts regulating spousal property relations, their types and functions, as well as substantiation of the role within the mechanism of legal regulation. The scientific novelty consists in the comprehensive approach to consideration of individual acts regulating spousal property relations, agreements, unilateral transactions and court rulings. Despite fundamental differences, such acts also have common attributes: subject of regulation, specific subject composition, and possibility of their implementation only within the framework of provided statues. These acts are also unite by the functions they carry out: harmonization of the interests of spouses, prevention of family conflicts, and support of the traditional family values. The emphasis is made on the prenuptial act, which represents a complex model of property-organizational agreement. The conclusions drawn in the article may be valuable in improving family law and law enforcement practice, both, court and notarial.

Keywords: cryptocurrency, mediation agreement, alimony agreement, division of property, marital property, marriage contract, spouse's consent, individual, individual regulation, family value

DOI: 10.7256/2454-0706.2020.5.32644

Abstract: The subject of this research is the existing in the Russian practice procedures for assessment of projects of normative legal acts from the perspective of their impact upon the social sphere. Analysis is conducted on the interconnection between negative social processes in the Russian society, as well as absence of state interest in assessing social impact of various transformations in the social sphere and their normative manifestation. The author examines the approaches towards assessment of regulatory impact that are established in international documents and conserve as a base for developing conceptual foundation and methodology of assessing social influence, as well as principles that need to be places in the basis of assessment of the regulatory impact in the social sphere. The scientific novelty of this study consists in the fact that for the first time in Russian literature the author poses the problem of the need to assess not only the economic, but also social consequences of projects, solutions and their normative expression. An attempt is made to conceptualize the foundation for such assessment and formulate its principles vase on the existing international law.

Keywords: international acts, methodology, Impact assessment, environment, right to life, sustainable development, Regulations, regulatory impact, civil society, welfare State

DOI: 10.7256/2454-0706.2021.5.35610

Abstract: The subject of the research is the theory and practice of one of the forms of direct democracy вЂ“ public (public) discussion of draft laws of the subjects of the Russian Federation. The object of the study was public relations related to the regulation of the institute of public discussions of draft laws in Russian regions, as well as the participation of citizens in discussions. The general, dialectical, logical, formal-legal and sociological methods of scientific cognition are chosen for the research. The author examines in detail such aspects of the topic as the adoption by Russian regions of laws and other regulations on public discussion, the shortcomings of federal regulation of the issue, provides an overview of the practice of public discussions in a number of Russian regions, analyzes the reasons for the low efficiency of the institute. Special attention is paid to the results of the sociological survey conducted on the issue under study. The main conclusions of the study are: to identify the shortcomings of the current regulation of the democratic institution of public discussions of draft laws, to determine the reasons for the passivity of Russian citizens in relation to public discussions of normative legal acts. A special contribution of the author to the study of the topic can be considered the analysis of the practice of public discussions in the regions of the country, in addition, the author attempted to assess the prospects for the development of the legal institution in question in the Russian regions. The scientific novelty of the study lies in the identified problems of regulation and practice that currently arise in the subjects of the Russian Federation during public discussions of draft laws, as well as in the specific measures proposed by the author to eliminate the identified problems.

Keywords: internet portals of legal information, direct democracy, legislative process, effectiveness of legislation, legal culture, laws of the subjects of Russia, regional parliaments of Russia, public discussion of draft laws, public control, legitimization of state power

DOI: 10.7256/2454-0706.2023.12.69332

Abstract: The authors consider the popular vote as a mechanism of convergent movement of power and society in the context of the formation and development of the digital public sphere. The theoretical and methodological basis of communication between government and society is analyzed. The search for modern forms of dialogue between government and society is made in the context of discussions on the use of remote electronic voting (DEG) in the electoral process. The role, opportunities, prospects and risks of online voting in Russian regional and municipal practice are assessed, in particular, in the implementation of the program "Formation of a comfortable urban environment", which is a positive experience of equal and effective interaction between government and society, offers one of the possible directions of public dialogue, the essence of which is the transition from an archaic subject-object models for intersubjective communication. The research is based on a dialectical understanding of socio-cultural processes and phenomena, on general scientific and logical methods of cognition. Statistical, institutional and comparative methods are used. The scientific novelty lies in the study of online voting as an effective form of achieving public consensus within the framework of a specific federal program. It is noted that online voting corresponds to the electoral culture of Russian society, its conventional features. The necessity of broad inclusion of citizens in the discussion and implementation of land improvement programs and other socially significant projects is substantiated. The motives that provide these programs with significant public support are revealed. The data characterizing the quality of the urban environment in the Central Federal District are summarized and analyzed. The conclusion is made about the relationship between the popular vote and the growth of the urban space quality index. The resources of the urban environment quality index and the popular vote are evaluated as conditions for the formation of a healthy competitive field, where the main engine is awareness of the responsibility of the administration and residents of the region for the prestige of their region. Recommendations are formulated on the institutionalization of online voting to solve problems that determine the current regional and municipal agenda.

Keywords: quality of the urban environment, landscaping, federal program, institutionalization, electoral culture, online communication, popular vote, intersubjective discourse, dialogue between government and society, digital public sphere

DOI: 10.7256/2454-0706.2019.7.30205

Abstract: The subject of this research is the citizens’ opportunity to exercise their rights via using modern information technologies. The article examines the peculiarities associated with enjoyment of civil rights to social protection. The author carefully analyze the questions of implementation of the Unified State Information System for Social protection and Unified Portal of Public and Municipal Services; their usage potential by the citizens in the area of social protection and development prospects. Special attention is given to implementation of electronic interaction between citizens and social protection bodies of the subjects of Russian Federation. The scientific novelty lies in the comprehensive study of legal issues pertinent to citizens’ exercise of their rights to social protection via using information technologies and systems. Among most significant results obtained in this research is the formulation of proposals on the improvement of current legislation in the area of exercising, as well as the established law enforcement practice.

Keywords: the realization of the right, state program, information technology, unified information system, social security law, social security, industrial revolution, pension fund, social protection, legal relation

DOI: 10.7256/2454-0706.2022.8.38644

Abstract: The subject of the research in this article is the consideration of the causes of the legal structure of compensation for moral harm, the study of the evolution of the mechanism of legal regulation of the compensation for moral harm in Russia in the Russian Empire, the Soviet Union, modern Russia. The study of the formation of the institution of compensation for moral damage is carried out on the basis of its correlation with the provisions of the Talion principle. The relevance of the research is due to the significance of the study of the peculiarities of the regulation of the civil law mechanism of the institute of moral damage compensation and the need to systematize views on understanding the development of the mechanism of legal regulation of the institute of moral damage compensation in different periods, under different political systems in Russia and, as a result, the division of all periods of legal regulation of the institute of moral damage compensation into several stages. It is also necessary to note the importance of conducting a comparative analysis of the mechanism of compensation for moral damage and the provisions of the talion principle throughout the entire time of their coexistence. The scientific novelty of the research is determined by the goal itself and the results of the work. In the course of the scientific research, the author systematized information about the development of the mechanism of legal regulation of the institute of compensation for moral harm, proposed his classification of the evolution of the mechanism of legal regulation of the institute of compensation for moral harm, consisting of several stages: pre-revolutionary, Soviet, modern, justified his conclusions; analyzed the ratio of the institute of compensation for moral harm and the Talion principle, their role and significance on the during each of the selected stages of the evolution of the legal regulation of the mechanism of compensation for moral damage. The correlation of the mechanism of compensation for moral damage and the talion principle within each study period is analyzed. The position of the institute of compensation for moral damage to the talion principle is determined.

Keywords: Judicial code, Stages of development, Compensation for damage, Moral suffering, Protection of rights, Legal mechanism, The Talion principle, Compensation for harm, institute of compensation for harm, Moral damage

DOI: 10.7256/2454-0706.2023.5.40650

Abstract: The subject of the study is the problems of implementing the principles of justice and humanism in sentencing persons with disabilities. Analysis of the norms of the current criminal legislation has shown that, on the one hand, the restrictions formulated by the legislator regarding the list of punishments for the disabled of the first and second groups is a manifestation of the principle of humanism, and on the other hand, compel the court to impose affordable (sometimes more severe) types of punishment. As a result, situations arise in which it is possible to talk about the discrimination of persons with disabilities. Accordingly, the principles of justice and humanism addressed to law enforcement bodies (Articles 6, 7, Part 4 of Article 49, Part 5 of Article 50, Part 7 of Article 53.1, 60 of the Criminal Code of the Russian Federation) are not always possible to implement, since there are no effective mechanisms to ensure their implementation in relation to persons with disabilities. The existing system of criminal penalties also, in our opinion, does not allow us to take into account these principles in relation to the category of persons under consideration. The article concludes that in cases where it is not possible for the court, due to the restrictions prescribed in the law, to ensure the implementation of the principles of justice and humanism by imposing punishment, then the presence of the guilty person's invalidity may be the basis for exemption from serving a sentence. This conclusion is based on the fact that the principles of justice and humanism can be ensured not only by establishing fair sanctions and rational rules for sentencing, but also by fixing in law reasonable grounds for exemption from criminal liability and punishment.

Keywords: criminal punishment, justice, principles, sentencing, identity of the culprit, individualization, disabled, discrimination, Humanism, persons with disabilities

DOI: 10.7256/2454-0706.2020.9.33624

Abstract: The object of this research is the relations on protection of human rights in criminal procedure justice in under the conditions of pandemic. The subject of this research is analysis of the activity of law enforcement and judicial systems in the country’s current situation. The proliferation of coronavirus infection in the Russian Federation generated pervasive problems in this area. Recommendations contained in the Decisions of the Presidium of the Supreme Court and the Presidium of the Council of Judges of the Russian Federation of March 18, 2020 and April 8, 2020 did not clarify the law enforcement practice, which led to ambiguity in the interpretation of certain provisions of these documents. The situation that formed in the country as a result of COVID-19 pandemic requires rationalization of a number of issues on the protection of human rights in nonstandard conditions of the work of judicial and law enforcement systems. Information from the open sources published on the Internet served as the foundation for this research. The conducted analysis is valuable for understanding the current situation, as well as for making appropriate decisions that are instrumental for the future. Based on the acquired results, the makes recommendations aimed at improvement of separate institutions of criminal law and criminal procedure law, namely Institution of the statute of limitations, institution of the suspension of proceedings in a criminal case. The scientific novelty consists in the exact wording of indicated recommendations on amending the current criminal procedure legislation.

Keywords: следственные органы, prosecutor's office, judiciary, protection, human rights, epidemic, pandemic, criminal justice, protection of human rights, suspension of the proceedings

DOI: 10.7256/2454-0706.2017.11.24484

Abstract: The subject of this research is the verbal utterances of respondents regarding the modern Russian state examined through the quantitative method of analysis. The object of this research is the personified images of the Russian state establishing within the mass political consciousness of the citizens. The author examines the content and specificity of images of the state that form not only at the rational level of perception, but also unconscious, affected by the emotional attitude towards the problematic of the research. The images, described in accordance with the results of analysis, reflect the general representations of respondents about the modern state, its structure, specificity, and relationship with the society. The work is based on the method of incomplete sentences that allows acquiring information about an object, which forms on the rational and unconscious level of political perception. The scientific novelty, first and foremost, consists in the results of the conducted research that determines and describes the personified images of the modern Russian state establishing within the mass political consciousness. The results of analysis can be valuable in the area of political-psychological, political, legal, and sociological science.

Keywords: Rational level, Advocacy group, Abstract representations, Geographical representations, Society, Leader, Political perception, Image, State, Political psychology

DOI: 10.7256/2454-0706.2021.1.33507

Abstract: This article discusses such legal phenomenon as the abuse of employment rights in relation to maternity leave. The article analyzes the employment legislation, reveals the gaps in legal regulation of the issues of abuse of their right by pregnant employees. The author examines the most common practical instances of abuse of their right by pregnant employees: intentional withholding of information on pregnancy at the time of conclusion of an employment contract or termination of an employment contract for mercenary purposes, refusal of transferring to a position that excludes the hazardous activities and refusal take on such position after being released from the main activity. The author underlines the inequality of positions of the employee and the employer with regards to protection from abuse of the employment contract by the opposite party. It is established that the options of the employer to protect their interests are limited, while a pregnant woman is in a more favorable legal position. The scientific novelty of this research consists in comprehensive analysis of the gaps and contradictions in legislation, as well as the decisions of the Plenum of the Supreme Court of the Russian Federation in the sphere of regulation of inequitable conduct of pregnant employees. The author offers the mechanisms for countering the abuse of rights by pregnant employees, which are based on inclusion of the norms aimed at protection of the rights and interests of the employer into the local normative acts. The author also develops a range of proposals on the improvement of legislation for the purpose of restoring the balance between the rights and interests of the parties to the employment contract.

Keywords: concealment of information, abuse of rights, termination of an employment contract, hiring, pregnant woman, employer, employee, labor rights, limits on the exercise of rights, dishonest actions of an employee

DOI: 10.7256/2454-0706.2021.10.36805

Abstract: This article analyzes the constitutions of South American countries for determining the constitutional formats of guaranteeing the freedom of expression. The goal of this research lies in systematization of the variants of constitutional articulation of the freedom of speech, determination of the constitutional approaches towards formalization of the freedom of speech and the “watershed” between them. Research methodology leans on the general scientific techniques and methods of scientific cognition: formal-legal, linguistic-legal and comparative-legal methods for examining the constitutional texts of South American countries, regulation and articulation of the conceptual versions of the freedom of expression reflected therein. The scientific novelty is defined by the absence within the constitutional-legal science of comprehensive research on articulation of the freedom of speech in the constitutions of the countries of South America. The main conclusions are as follows: the examined constitutional texts contain provisions that have grounds to be interpreted in relation to the freedom of speech; most common constitutional versions imply the freedom of expression of idea, the freedom of thought and opinion, and the freedom of opinion. It is determined that the freedom of expression of ideas, thoughts, and opinions in the constitutional texts is articulated equally through both, right and freedom. The authors also indicate the “watershed” between thought, opinion, and idea.

Keywords: right to information, print, idea, opinion, thought, freedom of speech, rights and freedoms, censorship, limitations, responsibility

DOI: 10.7256/2454-0706.2023.5.39951

Abstract: The object of the study is the social relations that arise during the interaction of the prosecutor's office, law enforcement and other state bodies with religious organizations, and the impact of this interaction on the prevention of offenses. The author examines such aspects of the topic as the impact of the activities of religious organizations on the legal situation, the impact of cooperation with them of the prosecutor's office, law enforcement and other state bodies on the prevention of offenses, the specifics of the implementation of the directions of interaction of the prosecutor's office with religious organizations. The subject of the study is the materials of law enforcement practice, the norms of legislation on the prosecutor's office, the legislation of foreign countries regulating these public relations, the positions of scientists formed on the issue of interaction with religious organizations of state and, in particular, law enforcement agencies. Despite the separation of religion from the state proclaimed by the Constitution of the Russian Federation, there is obviously an increasing influence on the legal situation of religious organizations, as well as the presence of significant potential for preventing crimes, especially in the field of terrorism and extremism, which is especially relevant in the modern situation. In this regard, there is no doubt that the Prosecutor's office and other law enforcement agencies need to cooperate with them in the field of crime prevention. At the same time, the current legislation does not contain the necessary regulation of such cooperation; scientific study of the issue is also insufficient. Filling this gap, the author of the article, exploring the legal aspects of the implementation of the interaction of the prosecutor's office and other law enforcement agencies with religious organizations in the legal sphere, identifies the directions and forms of their interaction, which is the novelty of the study. The conclusion is formulated about the need to consolidate the duty of interaction of the Prosecutor's office with public and religious organizations in the Law on the Prosecutor's Office, its directions and to consolidate in the order of the Prosecutor General of the Russian Federation the forms of interaction of the Prosecutor's Office with religious organizations, which is a special contribution of the author to the study of this topic.

Keywords: implementation of supervision, law enforcement agencies, prosecutor's check, offenses, crime prevention, powers of the prosecutor, religious organizations, agreement, prosecutor, interaction

DOI: 10.7256/2454-0706.2018.11.27937

Abstract: This article is dedicated to the role and place of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control in the Russian Federation. The author analyzes the concept of constitutional legal guarantee through the prism of the concepts and attributes of the broader sense of the concept of legal guarantee, giving the original definitions; described the objectives and tasks of the constitutional legal guarantees in general, as well as the citizens’ right to public control in particular; explores the role of the constitutional legal guarantees within the mechanism of realization of citizens’ right to public control at the federal, regional and municipal levels, and with regards to various branches of government and local self-governance, as well as authorities and organizations that execute separate public powers supported by judicial practice, bills of the Constitutional and Supreme Courts of the Russian Federation, administrative and municipal practice. The conclusion is made that the citizens’ right to public control dictates the need for its protection on the part of society and government through securing the system of constitutional legal guarantees on one hand; and on the other – the process of their practical realization allows improving the institution of public control itself, as well as the constitutional legal mechanism of its implementation and protection.

Keywords: problems, development strategy, international legal guarantees, public administration, democracy, legal guarantees, Russian Federation, public control, constitutional and legal guarantees, common legal space

DOI: 10.7256/2454-0706.2018.12.28515

Abstract: The subject of this article is the critical analysis of current state of the concept of human rights, primarily with regards to its rapid mutation based on the gender theory. Attention is turned to the fact that back in the late XX century, the image of human alongside the concept of human rights were founded on the traditional Western idea of humanism. At the present stage, the concept of human rights undergoes drastic changes via instruments of international law. And, at times, without due circumspection. The author believes that most boldly this trend is reflected in the attempts of recognition of child’s right to choose gender identity and sexual orientation. The conclusion is made in the unacceptability of such transformation for Russia. The scientific novelty lies in the analysis of little known international legal documents that pretend to drastic transformation of human image and the concept of human rights. In addition, leaning on the conducted analysis and examination of the historical dynamics of mutation of the doctrine of human rights, the author underlines the need of the Russian Federation to defend the traditional approach towards human right, which is founded on the classical ideas of humanism, in the context of peculiarities of the national and confessional composition of the Russian society, its sociocultural and other historical characteristics.

Keywords: Globalization, Same-sex marriage, Gender theory, Constitutional value, Human rights, Democracy, International law, UNN, ECHR, Traditional family values

DOI: 10.7256/2454-0706.2018.2.25336

Abstract: The subject of this research is the legal norms of the Article 30 of the Code of the Russian Federation on Administrative Offenses, which regulates reexamination of the rulings and decisions on administrative violations, from the perspective of their correspondence with the requirements and principles of legal certainty in its procedural aspect. The article expounds the content of such requirement of the principle of legal certainty as cogency of court ruling. The questions of correspondence of the reexamination stage of the rulings and decisions on administrative violations to the requirements of the principle of legal certainty are being examined in comparison to similar stages in civil, criminal and arbitration procedure. The author comes to the conclusion that the administrative procedural legislation in the Russian Federation pertaining to reexamination of passed rulings and decisions on administrative violations, unlike the procedural legislation of other branches, does not meet such requirements of the principle of legal certainty as presence of the circle of subjects of appeal, restriction of multiple supervisory authorities, set period for appeal, and presence of the institutions of newly discovered circumstances.

Keywords: complaint resolution, reviewing authority, the ECHR, of the constitutional Court, the persuasive power of judicial decisions, legal certainty, principle of law, administrative proceedings, party to the proceedings, of the administrative code

DOI: 10.7256/2454-0706.2022.11.39085

Abstract: The emergence of a novel coronavirus infection posed a major challenge to the global community and necessitated urgent and extraordinary measures to minimize the consequences of the pandemic. In the history of modern Russia, this was the first time a national emergency had occurred. Under such circumstances, the State needed an emergency response that also involved a regulatory mechanism. Of course, the regime of legal regulation in emergency situations has significant differences from everyday legal regulation. The author examines in detail the issue of constitutional and legal regulation of emergencies of this kind and analyzes and correlates it with actual legal regulation. Peculiarities of public authorities' organizational activity in pandemic conditions are investigated. Particular attention is paid to human rights during the spread of COVID-19. The author concludes that rather than applying the existing and well-defined regulations outlined in the Federal Constitutional Law "About the State of Emergency" from May 30, 2001 (¹ 3-FKZ), which stipulates the implementation of a state of emergency throughout the country or in specific areas, the ruling authorities have opted for an alternative legal approach. This decision has resulted in a swift modification of the emergency legislation, with its own set of consequences. The main problem, in the author's opinion, lies in the misapplication of the provisions of the Constitution of the Russian Federation, since from the systematic and interrelated interpretation of Articles 55 and 56 of the Constitution of the Russian Federation follows that they regulate the same social relations. However, article 56, unlike article 55, has special grounds for the application, so the principle of lex specialis derogate legi generali should be applied to them—that is, preference should be given to a special norm. In addition, the author proposes the adoption of a single legal act that would unify the different types of emergency situations and provide systematic and orderly legal regulation.

Keywords: pandemic, high alert, state of emergency, restriction of rights, emergency situation, COVID-19, Constitutionalism, human rights, crisis situation, emergency laws

DOI: 10.7256/2454-0706.2022.6.38049

Abstract: In this article, the author analyzes the variety of lists of subjects of the right of legislative initiative in the Russian regions. The author conducts an analysis of the constitutions (charters) of all regions of the Russian Federation, uses formal legal and comparative methods. According to the results of the study, the author notes that at the regional level, the right of legislative initiative is granted to 46 categories of subjects, which are classified into 4 groups: 1) state authorities and officials; 2) local self-government bodies and their associations; 3) judicial authorities and prosecutor's offices; 4) citizens and public associations. The latter group reflects representatives of the civil and expert community and includes 13 categories of subjects. Based on the results of the analysis of scientific works, generalization of the emerging legal practice, the author proposed the concepts of "civil participation in the law-making (legislative) process" and "expert participation in the law-making (legislative) process". Summarizing the Russian and foreign experience of civil and expert participation in the legislative process, the author confirms that citizens easily support ideas for changing legislation (vote for them), but at the same time have difficulties in converting such ideas into draft laws. With this in mind, in order to increase the professionalism of the preparation of the bill and the openness of its discussion, the author proposed a two-stage model of civil and expert participation in the legislative process, which involves: 1) at the first stage, the development, taking into account the real needs of the draft law, carried out on the principle of professionalism, by representatives of the expert community and (or) public associations; 2) at the second stage, a public discussion of the draft law developed in order to obtain the support of citizens. The author focuses on the need to implement a public discussion of the bill using digital technologies.

Keywords: e-voting, openness, the principle of professionalism, expert participation, people's initiative, citizen participation, subjects of the Russian Federation, civil society, legislative bodies, legislative initiative

DOI: 10.7256/2454-0706.2018.2.25432

Abstract: This article explores the most substantial and significant consequence of declaring an individual bankrupt and completion of the rehabilitation procedures – release from liability. The work lists liabilities from which the individual cannot be released after the conclusion of the process of realization of assets of the individual. The author gives and conducts legal analysis of the legal grounds, according to which the individual is not released from all types of liability. Analysis is conducted on the forming judicial practice on the question of application of rules on release from liability for individuals declared bankrupt. The novelty of this research consist in the novelty of the actual institution of personal bankruptcy in Russia. The law enforcement practice is just beginning to form and already finds problems in interpretation of the laws on release of individuals from liability. The author comes to a conclusion on unallowability of expanded interpretation of the positions of the Article 10 of the Civil Code of the Russian Federation in resolution of the question of diligence of the citizen and application of the rules on release from liability.

Keywords: financial manager, conscientiousness, waiver, rehabilitation procedure, the sale of the property of a citizen, bankruptcy of a citizen, insolvency, arbitration court, abuse of right, consumer bankruptcy

DOI: 10.7256/2454-0706.2017.7.20802

Abstract: This article analyzes the questions associated with citizens’ participation in the work of civil society institutions. The author turns attention to the various models on relationship between civil society and the state, elements of solidarization of citizens that conduce the formation of civil society. The work scrutinizes the program and legal measures of the Russian State aimed at formation and strengthening of the civil society institutions. Characteristics of the organization structures of civil society alongside the level of their attractiveness for the citizens are presented in combination with the assessment of the results of practical activity of the separate structures of civil society. In conclusion, the author gives attention to the relevant issue of legal regulation and prospects for development of the informal manifestations of civil society. The author suggests the original legal approaches towards resolving the problems of debureaucratization of civil society, as well as development of promising and desirable directions in Russia, which include volunteering, charity, and socially oriented nonprofit organizations.

Keywords: organizations, nonprofit, activity, social, society, civil, prospects, development, problems, Russia

DOI: 10.7256/2454-0706.2018.6.20913

Abstract: The subject of this research is the actors of public expertise. The object of this research is the public expertise as one of the forms of interaction between the state and civil society. Having analyzes the norms of the Federal Law “On the Bases of Public Control in the Russian Federation”, the author attempts to determine the groups of the actors of public expertise, analyze the role of each of them in pursuance of the research. Relevance of the topic is defined by the need for establishing the constitutional state in Russia, which is impossible without a viable civil society, capable of constantly and actively engaging in the various activities of the state, using versatile strategies, including the public control. Public expertise is one of the major forms of citizens’ participation in the lawmaking activity of the state, which allows using the intellectual potential of the society for improving the quality of lawmaking. The scientific novelty consists in examination of the actors of public expertise as one of the key elements of its model. The author concludes that the Russian model of public expertise is based on the division of functions between the different groups of the actors of public expertise (initiators, institutors, and experts. Notably, the initiators and institutors in terms of the Federal Law “On the Bases of Public Control in the Russian Federation” are determined by means of recitation, while with regards to the public experts have been established the special requirements, and all actors that meet such requirements can obtain this status. At the same time, the citizens and nongovernmental organizations as independent actors can obtain only the status of expert, due to not featuring the list of initiators or institutors of public expertise. Although, the Section 1 of the Article # of the Federal Law “On the Bases of Public Control in the Russian Federation” claims that the citizens of the Russian Federation can participate in realization of the various forms of public control, including personally. Therefore, the author detects a contradiction, pointing at the need for expanding the list of actors of public expertise (both, initiators and institutors) by including the citizens of the Russian Federation and their associations.

Keywords: Nongovernmental organizations, Public expert, Research, Actors, Legislation, Lawmaking, Civil society, Constitutional state, Public expertise, Public control

DOI: 10.7256/2454-0706.2020.3.32482

Abstract: The subject of this research is the peculiarities of legal regulation of labor outsourcing as an atypical form of employment. Compared to traditional labor relations, labor outsourcing is characterized by multi-agency, which explains the peculiarities of its regulation. The article compares some of the specificities of legal regulation of the labor of outsourced employees within Russia’s and China’s labor law: peculiarities of emergence of relations on labor outsourcing, delineation of employer authority between the sending and receiving parties, social-partnership relations, legal position of outsourced employees, and labor legal responsibility regarding relations on outsourced labor as type of employment. The results of the conducted research yield a conclusion on the similarities and differences in legal regulation of labor of outsourced employees within Russian and Chinese labor laws. The similarities can be found in the structure of relations on outsourced labor, specificity of emergence of relations on outsourced labor based upon dual agreements – employment contract and staffing contract. There are also some similarities and differences in regulation of delineation of employer authority between the sending and receiving sides; in establishment of the legal position of outsourced employees, namely with regards to payment of wages; in resolution of the question of participation of an outsources employee in the relations on social partnership; in regulation of labor law liability of the sides of outsourced labor relations.

Keywords: social partnership, division of employer powers, receiving party, contingent employee, private employment agency, contract for the provision of staff, contingent labor, subsidiary material liability, joint material liability, disciplinary liability

DOI: 10.7256/2454-0706.2021.2.32016

Abstract: Based on the international legal documents, this article presents an extensive description of the concept of new psychoactive substances (NPS), their quantitative and qualitative composition, and relevant classification. The data is provided on the level of illicit drug trafficking, as well as circulation and consequences of their use trough injection in the Russian Federation in relation to other countries. The author discloses the content of measures applied to control illegal trafficking of NPS and criminal liability in accordance with the legislation of foreign countries (peculiarities, differences, classification). Comparative legal method allows reviewing the provisions of the Russian legislation on prevention of illegal trafficking of the new potentially dangerous psychoactive substances. Attention is turned to the problem of the ineffective norms in the Russian criminal law; the approaches towards of its resolution and prevention are proposed. Analysis is conducted on the legislative policy of the use of generally recognized international legal concepts under an alias and with different content, as well as its impact upon the quality and development of criminal legislation.

Keywords: drug crime, narcotization, dead rules, public health, psychoactive effect, implementation, new psychoactive substances, drugs, illegal traffic, drug policy

DOI: 10.7256/2454-0706.2019.3.29054

Abstract: The object of this research is the social relations established in the process of realization of the government strategic goals, aimed at the development of human potential and ensuring economic security of the Russian Federation. The subject of this research is the separate provisions of the Strategy of Economic Security of the Russian Federation until 2030, approved by the Presidential Decree No. 208 of May 13, 2017, with regards to determination of objectives of state policy aimed at the development of human potential for the purpose of ensuring economic security. The author covers a wide range of regulatory legal acts concerning the implementation of the aforementioned strategic goals. The novelty is defined by insufficiency within the modern scientific literature of the works dedicated to comprehensive analysis of the state policy objectives aimed at the development of human potential, established by the Strategy of Economic Security of the Russian Federation until 2030, as well as the absence of studies on the process of their implementation. Based on the conducted research, the author concludes on the strong results achieved in realization of the addressed objectives. At the same time, the author notes certain difficulties related to reduction of poverty and income inequality of population. Emphasis is made on the insufficient attention paid to healthcare and cultural environment as the factors influencing the development of human potential.

Keywords: poverty level, ecological safety, career guidance, continuing education, education, human development, economic security, security, property inequality, qualifications system

DOI: 10.7256/2454-0706.2018.7.26771

Abstract: This article describes the relevant issues of providing the qualified legal aid to citizens, particularly in the context of the newly adopted legislation in Kyrgyz Republic. The authors conduct a comparative legal analysis between the provisions of the Law of Kyrgyz Republic “On State-Guaranteed Legal Aid” (of July 1, 2009) and the new Law of Kyrgyz Republic “On State-Guaranteed Legal Aid” of December 16, 2016, as well as explore the problematic aspects regarding the implementation of regulation of the Criminal Procedure Code of Kyrgyz Republic in terms of providing the qualified legal aid. The article also considers the main prerequisites that constitute the grounds for the adoption of the new Law of Kyrgyz Republic “On State-Guaranteed Legal Aid” of December 16, 2016; demonstrates the key differences between the old and the new law concerning the mechanism of providing the free-of-charge legal aid to ensure equal access for the citizens of Kyrgyzstan; as well as substantiates the enshrinement in the new (2017) Criminal Procedure Code of Kyrgyz Republic of the principle “provision of right to qualified legal aid”, with integration of norms that will become the legal ground for the activity of the defense lawyer, as well as the lawful representative. Thus, this article allows complementing the provisions of legislation regarding the measures on improving justice in Kyrgyz Republic and consider them in formulation of the provisions of criminal procedure legislation of Kyrgyzstan and the Law of Kyrgyz Republic “On State-Guaranteed Legal Aid” by the authors of other countries.

Keywords: state legal assistance, legislation, justice, defender, lawyer, qualified legal assistance, guarantees, rights, freedom, personality

DOI: 10.7256/2454-0706.2024.1.69400

Abstract: The legal regulation of the stay and residence in Russia of foreign citizens and stateless persons is based on the principle of a national regime, which assumes their equality with Russian citizens, except in cases established by law. The presence of restrictions and special conditions in the legislation for granting socio-economic rights and freedoms, actualizes the issues of their implementation by persons who do not have Russian citizenship. The subject of study is normative legal acts regulating legal relations in the field under study, statistical data. The purpose of the work is to identify the features of legal regulation and implementation of socio-economic rights and freedoms of foreign citizens and stateless persons. The novelty of the work lies in the study of the rights of foreign citizens in the socio-economic sphere, taking into account the constitutional reform of 2020 and modern changes in migration legislation. As a result, the conclusion is substantiated that in determining the scope of the studied group of rights and freedoms of foreign citizens, the legislator applied the principle of national treatment (when their legal personality may be limited in comparison with the legal personality of Russian citizens), as well as a special regime (when certain categories are distinguished among foreign citizens who are provided with special conditions for the realization of specific rights). Two approaches to legal regulation are highlighted: universal and special. The author's position has been formed regarding the classification of factors influencing the introduction of special conditions for the realization of rights and freedoms: the legal regime of residence in Russia, ensuring the protection of constitutionally significant values, the direction of state policy in the field under study, the presence of a personified legal status.

Keywords: national regime, restriction of rights, rights in healthcare, the right to education, the right to work, a stateless person, a foreign citizen, socio-economic rights, the principles of the welfare state, special regime

Abstract: Current situation in the sphere of use of the animal world is progressively criminalized, and this becomes especially clear in regard to the fish and other water bio-supplies. It is known that by now the fish industry is 30-40% within the “shadow economy”. S.A. Khalchansky’s article is devoted to the analysis of illegal methods, which are used by modern poachers, who unlawfully gain profits from the valuable water bio-resources and other bio-resources.

DOI: 10.7256/2454-0706.2019.5.29725

Abstract: This article examines certain issues emerging in law enforcement practice due to implementation of relatively new for the Russian legislation procedure of personal bankruptcy. Analysis is conducted on the problem of payment for the bankruptcy procedure by a private entity and cases of inability to do so. The subject of this research is the norm the Federal Legislation of the Russian Federation, namely the Federal Law “On Insolvency (Bankruptcy)”. In particular, the authors consider the statues of the law regulating the realization of insolvency procedure (bankruptcy) with regards to a private entity. The conclusion is made on the need for amending the current legislation on personal bankruptcy to ensure accessibility of such procedure to majority of citizens. The authors analyze the duration of court proceedings for cases of this category, which may often protract; as well as advocate for making corresponding changes.

Keywords: bankruptcy of an individual, financial manager, creditor, debtor, individual, insolvency, bankruptcy, arbitration law, civil procedure, legal proceedings

DOI: 10.7256/2454-0706.2013.1.51902

Abstract: The article is devoted to the topical problem related to the lack of highly qualified professionals, as well as the low salaries of persons employed in the sphere of production. In the opinion of the authors in order to resolve these problems, there is need to amend the legislation, so that the role of persons, who participate in social production with the human capital of their intellectual and physical abilities, shall be elevated to the proper level. In order to achieve this goal, the authors offer to introduce the legal provisions (preferably in the Civil Code of the Russian Federation) enshrining the abilities of a person as its inalienable property. The basis for such provisions can be found in Art. 34 and 37 of the Constitution of the Russian Federation. The human capital in the production sphere is not officially recognized, but it has always held a leading position, since its quality and efficiency of its application are crucial for the economic development of production enterprises as well as the state as a whole. Human capital plays a special role in the current situation when the production becomes more and more technologically complex.

Keywords: jurisprudence, individual, business company, proprietary capital, intellectual abilities, physical abilities, material benefits, moral benefits, production, right to property.

DOI: 10.7256/2454-0706.2017.7.23487

Abstract: The subject of this research is the norms of constitutional and criminal procedural legislation, legal positions of the Constitutional Court of the Russian Federation, results of scientific studies, statistical data, and judicial practice materials that pertain to the study area. First and foremost, the author examines the norms and positions, which regulate peculiarity of the status of affected party, procedural provision of parties of the stage of criminal case initiation, as well as procedural aspects of its execution. One of the key problems of protection of rights of the persons harmed by criminal acts consists in ensuring their interests at the pretrial stages of criminal case processing. The conducted research demonstrates the currently existing situation with realization of mechanisms that ensure right to access to justice faces the abundance of issues. At the stage of criminal case initiation, there is an interested party, although without the formal status of a victim. It leads to the following problem: if the legitimate interest of a person alongside the presumption of their violation are present, there must be the guarantees for their protection, including the means of ensuring the right to access to justices. The conclusion is made that for individual involved into any procedural actions at the stage of criminal case initiation must be provided the supporting means that allow referring to judicial defense. In turn, the absence of procedural form for the other proceedings, realization of which is possible at the stage of criminal case initiation, impairs efficiency of the only indicated supporting means – clarification of the rights and responsibilities. As a result, the author substantiates the need for amending the draft of the Part 1.1 of the Article 144 of the Criminal Procedural Code of the Russian Federation and addendum of a new Part 1.2 to this Article. These rules are suggested to be viewed as means of ensuring the access to justice, and must belong to all parties of any procedural actions.

Keywords: Evidence, Supporting means, Affected party, Applicant party, Participants, Initiation of criminal case, Guarantees, Law, Access to justice, Criminal procedure

DOI: 10.7256/2454-0706.2023.8.43990

Abstract: In the conditions of global turbulence and global challenges, the basis for the formation of a new, patriotic and law-educated society is to take the necessary measures to raise the level of legal consciousness, reduce absenteeism and legal nihilism, which will allow Russian citizens to soberly assess certain foreign challenges. The solution of this issue primarily involves its consideration from three sides: from the state, the adult population and youth. The efforts of the state in the field of increasing the level of unity and patriotism of the Russian people will generally raise the level of legal literacy of both adults and young people. The article examines the approaches of different authors to the understanding of the terms "patriotism", "solidarity" and "unity of the people". The normative legal acts, national development strategies and federal programs aimed at increasing the level of patriotism, strengthening the unity of the Russian nation and the ethno-cultural development of the peoples of Russia are considered. Through the analysis of historical events and the attitude of the population to the National Unity Day in Russia, conclusions are drawn about the possible causes of the low level of patriotism among the Russian population, and on the basis of these conclusions, a number of measures are proposed to strengthen the unity of the people and its solidarity in modern conditions.

Keywords: political consciousness, civil society, multinationality, legal education, patriotic education, all-Russian identity, solidarity, patriotism, legal consciousness, unity of the people

DOI: 10.7256/2454-0706.2023.6.40910

Abstract: The author discusses some topical issues of the balance of private and public interests in the framework of limiting foreign presence in the areas of economic activity that are strategically important for the state. In 2022 - 2023 State policy in the field of foreign investment control is generally characterized by the introduction of additional restrictions in order to ensure national security: the list of areas of activity recognized as strategic has been expanded; the number of regulatory approvals required for obtaining by foreign persons for transactions with Russian companies has been increased; increased requirements for transparency in the ownership structure of strategic companies; the consequences of violation of the law in this area are detailed. Author formulates a conclusion about the necessary conditionality of the priority of public interest over private interest by current economic and political factors. First of all, proceeding from the measures necessary and sufficient to satisfy the public interest, the state determines the nature and degree of restriction of the economic freedom of the bearers of private interest. At the same time, by satisfying the public interest, which has as its goal the provision of national economic stability and security of the state, it ultimately ensures the satisfaction of such other interests and needs of an indefinite range of entities that are part of society and the state, which cannot be satisfied only in terms of the financial stability of the state, its military and economic security.

Keywords: state security, balance of interests, national defense, private interest, public interest, financial stability, Government Commission, deal approval, strategic enterprise, foreign investment

DOI: 10.7256/2454-0706.2017.12.24223

Abstract: The subject of this research is the sector of non-profit organizations in the Republic of Turkey at its present stage. The article thoroughly explores the legal nature of the non-profit organizations (NPOs) in Turkey, historical peculiarities of the developments of NPOs, as well as their role in formation of the political course of the country and resolution of social issues. The work provides typology for the existing NPOs in Turkey. Special attention is given to the analysis of the spectrum of functionality of the NPO sector on the example of the largest and most influential Turkish NPOs at the present stage. Author’s contribution into advancement of this topic consists in simultaneous legal and political analysis of the functionality of the NPOs. The main conclusions allowed determining the vectors for structuring possible cooperation between Turkey and Russia, as well as predict the role they will play in the political of the Republic of Turkey in the near future.

Keywords: think tanks, islamization, soft power, foreign policy of Turkey, Waqf, foundations, NPO associations, NPOs in Turkey, legal position of NPOs, financing of NPOs

DOI: 10.7256/2454-0706.2020.4.31069

Abstract: This article is dedicated to examination of the system of legal norms determining the legal status of minors in the process of regulation of labor relations in the Russian Federation. The goal consists in the analysis of content of the legal status of minor citizens within the system of regulation of labor relations. The work solves the following tasks: determination and analysis of the elements of legal status of minors within the system of regulation of labor relations; systematization of the norms of labor law, the effect of which is defined by ensuring guarantees of minors’ rights; identification of the problems of ensuring legal status of minors within the system of regulation of labor relations; formulation of recommendations on improving legislation in this regard; as well as designation of promising directions for research in this area. The novelty consists in expansion of the circle of labor law subjects, whose status depends on honoring guarantees of the citizens under 18 years of age. Comprehensive analysis is conducted on the norms of labor law that protect the rights of minors. The article highlights the relevant problems of legal regulation, namely: legal status of employees under 14 years old, their parents and underage employers; protection of rights of underage workers; legislative allocation of separate categories of underage workers; legal regulation of permit to work with minors. The author suggests introducing additional requirements for the workers under 14 years old, as well as persons authorized to work with minors.

Keywords: labor relationship, creative minors, work with minors, work with children, categories of working minors, minor employers, minor workers, juvenile labor law, minors, labor law

DOI: 10.7256/2454-0706.2019.9.28919

Abstract: One of the vectors of the state social policy is care for the people who survived the Great Patriotic War. Social protection of this category of citizens prompted active discussion in the recent decade of the legislation on the so-called “children of war”, people whose childhood fell on the years of the Great Patriotic War. Legislative bills on “children of war” are founded on a new approach towards social support: instead of principles of deserving or need, they are based on belonging to a certain generation. The struggle for passing a uniform federal law started in 2006, and continues until present day. The goal of this article is to study the set of issues associated with passing of this federal law. The main initiators of this legislation, which were the Communist Party of the Russian Federation “A Just Russia” and regional authorities were unable to propose a uniform legislative bill, even though majority of the bills did not contain insurmountable differences. The authors of the initiatives also failed to overcome the law enforcement issues before them, but the failures of legislative bills also reveal common problems of the work of the State Duma of the Russian Federation, such as misuse of the right of legislative initiative by the deputies, weakness of the financial and economic bases, as well as lack of regulation of the conciliation procedures on controversial legislation. The relevance in passing this legislation still persists, as the current local legislative framework contains contradictions and requires unification on the federal level, but its timely implementation is doubtful without a compromise-based version of the bill with precise financial calculations.

Keywords: law on veterans, Edinaia Rossiia, LDPR, Gosudarstvennaia Duma, KPRF, Spravedlivaia Rossiia, children of war, social protection, social support, social law

DOI: 10.7256/2454-0706.2019.3.29167

Abstract: The subject of this research is the right of a working woman to monthly childcare allowance for children under the age of 1.5 as a vital opportunity in labor sphere, due to unavoidable decrease in work capacity and income with simultaneous increase in household expenses immediately following birth of a child. These circumstances require a special legal protection. The authors examine the relevant issues of passing corresponding legislation, as well as legal doctrine and case law. An original periodization of the stages of legislative consolidation of this right is proposed. The article determines the issues in legal regulation, particularly the inadequate amount of allowance, considering the increase in additional household expenses and temporary inability to work due to maternity leave. The author review the approaches towards finding balance between the interests of employees-insurers, insured parties, insurer and the government. The need for introducing corresponding amendments into the legislation is substantiated.

Keywords: abuse of rights, decent work, maternity leave, part-time job, compulsory social security, social security, protection of women's rights, socio-economic rights, allowance, motherhood

Abstract: Currently more than 655 thousand people in Russia consider themselves to be Cossacks or Cossack descendants. And for more than ten years the problem of passing the federal law “On Cossacks in the Russian Federation” is being discussed both federally and locally. This law should define the status of Cossacks, give guidelines on provision of land to the Cossack societies and use of such lands. I.V. Nikolaenko studies current situation and legislation on this issue and also the examples of three subjects of the Russian Federation within the Southern federal district of Russia, such as Stavropol and Krasnodar regions. Author points out variety and contradictions of the approaches to the issue, which are found regionally, calls for finding an acceptable solution on the federal level and development of unified policy on the Cossack issue.

DOI: 10.7256/2454-0706.2013.1.51903

Abstract: The author views the factors, which define the political directions among the youth, the conventional and non-conventional forms of political participation of the youth, political specialization. The author then analyzes social and political positions and values of the Russian youth. The article includes descriptions of the key scenarios, which form the basis for the motivation of political participation of the Russian youth. The author views the practice of formation and functioning of the youth Parliamentarism in Russia, and singles out the key forms of Youth Parliaments. Then the author defines the role of the modern youth as a subject of politics.

Keywords: political science, youth, political activities, political participation, youth organization, parliamentarism, politization, society, state.

DOI: 10.7256/2454-0706.2024.1.69450

Abstract: The subject of the study is restorative justice as an alternative form of resolving legal, mainly criminal law conflicts. The purpose of the study is to identify the fundamental problems of restorative justice, both internal (goals, content, categorical apparatus) and external (limits of distribution in the system of branches of Russian law, correlation with legal sectoral principles). When writing the article, general, general scientific, private scientific and special research methods were used. Based on the analysis of a significant volume of literary sources and a certain mass of criminal and civil cases that ended in reconciliation of the parties and relevant procedural decisions, the author argues that the current state of the restorative justice paradigm is characterized by the absence of its monotonous interpretation and ideas about the sectoral boundaries of legal norms on which the alternative resolution of legal conflicts is based. And the very idea of restorative justice is subject to an ambiguous assessment by researchers. Conclusions are drawn about the inconsistency of the interdisciplinary institute of restorative justice with the requirements of the system of Russian law, the need to comprehend the idea of restorative justice both in the context of the Russian legal family and in the limits of specific branches of law. It is argued that the time of euphoria from the expected prospects of restorative justice should be replaced by thoughtful, balanced implementation of its positive potential in the legislative and practical planes. Relevant proposals of a doctrinal and legislative nature are being made, aimed at deeper implementation of the institute of restorative justice in the normative sphere in order to optimize it.

Keywords: sufferers, compromise with crime, humanism, systematic law, interests of the victim, mediation, restorative justice, negotiations, alternative justice, justice

DOI: 10.7256/2454-0706.2017.12.25025

Abstract: The object of this research is the public criminal procedure legal relations pertaining to the right to appeal procedural actions (or lack thereof) and decisions of officials carrying out the criminal process, representing the means of protection of rights and liberties of citizens at the pre-trial stage. The article explores such topics as concept, meaning, parties and subject of this type of appeal. The subject of this research is the laws regulating the right to appeal the procedural actions and decisions as means of protection of civil rights in pre-trial process, legal practice of implementation of these norms, statistical data and academic views on this topic. The main conclusions of this research are expressed in the need for a complex assessment of the entirety of questions of appeal of actions (or inaction) and decisions of officials carrying out the criminal procedure, as well as determination of the weak links that still require legal resolutions, namely: establishing the limits of function of the right to appeal through legislation of limited term for filing an appeal, identifying the stage of the process of appeal, etc.

Keywords: abuse of right, subject of appeal, notion of right of appeal, subjects of appeal, remedy, protection of the rights of a citizen, appeal of procedural decisions, appeal of legal proceedings, right of appeal, criminal process

DOI: 10.7256/2454-0706.2013.1.51904

Abstract: Based on the theory of “consultative democracy” by Jurgen Habermas, this article supports the division between formal and substantial participation of citizens in state government. The substantial participation serves as a complement to the formal elections, and it facilitates the effective involvement of people to the process of political decision-making. It can be achieved by a variety of forms ranging from the civil protest to the membership in the consultative bodies. The study is devoted to the sources of Russian law and their application by the courts in order to find out whether the Russian citizens have the substantial possibilities for the public participation. It allows to evaluate how efficiently Russia manages fulfilling its international obligations and to guarantee the right to participation in government.

Keywords: jurisprudence, law, government, democracy, petitions, unions, meetings the UN Committee on Human Rights, the European Court, the mass media.

DOI: 10.7256/2454-0706.2021.8.11215

Abstract: This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.

Keywords: right to labor, freedom of labor, decent living standards, various opportunities, social parasitism, unemployment rate, welfare state, constitution, international law, foreign constitutions

Abstract: The concept of the “symphony of powers” which lays at the foundation of the Byzantine civilization, is an idea of harmonious existence of the laws of the Church and laws of the State, providing that the laws of the Church are at the same time the laws of the State, which guarantees them. This concept was so expressed in the Byzantine written law of the IX century…

Abstract: The history of development of the institution of a suspect in the criminal process in Russia is interpreted differently by various scholars. After analyzing positions of a number of renowned Russian scholars, the author came to a conlcusion, that the first stage of this institution dated back to the times of Tsar Peter the Great. The author shows us development and progress of this institution from the times of Tsar Peter to the current Criminal Code of the Russian Federation of 2001.

Abstract: The goal of this article is to introduce to the Russian readers one of the best known modern lawyers of Argentina – Rodolpho Capon Filas. This article is especially valuable, since it not only provides a theory quite characteristic for the Latin American understanding of law, but also illustrates judicial procedure of Argentina, and application of judicial precedents, based on the example of labor disputes…

DOI: 10.7256/2454-0706.2015.1.10030

DOI: 10.7256/2454-0706.2020.8.33364

Abstract: The subject of this research is the normative legal acts of Russian and international legislation regulating the peculiarities of pension security of the migrant workers . The article outlines the problems of demographic situation in Russia, examines the questions f attracting foreign workforce from the historical perspective, determines the characteristics and provides scientific definition to the concept of "migrant worker", analyzes the legal status of foreign citizens applicable to pension security. Detailed analysis is conducted on intergovernmental agreements that establish the framework for acquisition and reservation of the right of migrants with regards to pension security. Special attention is turned to the case law materials, as well the factors of acquisition of rights to non-contributory pension by migrants in the Russian Federation. The scientific novelty consists in conducting a comprehensive research of legal regulation of pension security of the migrant workers in Russia. The article reveals the transformation of contractual practice of intergovernmental regulation of the questions granting pensions to the migrants, prioritizing the proportional principle of structuring contracts and agreements. The author’s special consists in conducting scientific analysis of the content of the “Pension Agreement for Working Population of the EAEU Member States” of December 20, 2019, which determines the peculiarities of right to pension security, establishes size of payments based on length of employment. The main conclusions consist in the description of several alternatives of regulation of relations in the area of pension security of the migrant workers, depending on the status of foreign citizen, presence of intergovernmental agreement, and their content. Recommendations are formulated on the improvement of the current Federal legislation.

Keywords: legal regulation, international agreement, foreign citizen, pension provision, insurance pension, pension, migrant, migrant worker, fixed payout, work experience

DOI: 10.7256/2454-0706.2015.1.52353

Abstract: The purpose for this work is the analysis of the inherent peculiarities of the legal status of foreign citizens and persons without citizenship in the Russian Federation and the effect of the changes made to the legal statuses of specific groups of foreign citizens and stateless persons onto the general constitutional-legal status of foreign citizens and stateless persons in the Russian Federation. The conducted scientific analysis allowed the authors to come to the conclusion that the constitutional legal status of foreign citizens on Russian soil does not depend on the presence or absence of political legal connection to the country of their citizenship (whether democratic or monarchial system of government) as many authors claim, and is identical for all social groups of foreign citizens and persons without citizenship entering the Russian Federation, and does not differ from the legal status of the stateless persons (apatrides) or foreign citizens who have received temporary asylum, political asylum, or a refugee status within the Russian Federation.

Keywords: Legal status, foreign citizen, statelessness, apatride, refugee, political asylum, constitutional legal status.

Abstract: In this article Professor I.L. Trunov expresses his views on legal regulation of ownership of the civilian weapons in the Russian Federation. Professor Trunov considers the right to own weapons to be one of the guarantees of personal security and security of one’s property, finds it necessary to deal with imperfect legislative regulation of ownership and use of civilian weapons in the Russian Federation. In this article one can also find analysis of legislation of a number of states of the Eastern Europe, NIS and the USA on the issue of owning civilian weapons.

DOI: 10.7256/2454-0706.2017.3.21370

Abstract: This article examines the provisions of the Federal Law N 323-FZ " On amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation concerning the grounds and procedure of exemption from criminal liability " in terms of amending the Criminal Code of the Russian Federation regarding the decriminalization of battery and failure to pay alimony or child support, establishment of criminal liability for minor larceny (Article 158.1), as well as introduction of such ground for exemption from the criminal responsibility as release from criminal responsibility with the court fine (Article 76.2). The scientific novelty consists in comprehensive study of the provisions of the new federal law in part of making amendments into the Criminal Code. Analyzing the new law, the author focuses attention on its positive, as well as negative aspects, as well as expresses a number of remarks pertaining to further improvement of the criminal legislation.

Keywords: criminal responsibility, administrative responsibility, liberalization, humanization, decriminalization, minor larceny, battery, Criminal Code, Supreme Court, punishment

DOI: 10.7256/2454-0706.2023.12.69379

Abstract: Based on a study of the current stage of penal policy, the goals of the probation institution, the legal normative provisions of the Federal Law “On Probation in the Russian Federation” are analyzed. A list of functions and forms of resocialization influence of subjects of probation influence on persons under probation control is given: provision of services, client-centric approach, support for society institutions. The authors determine the essence of the basic categories of the problem under study with an emphasis on today's socio-criminological assessments. The main conclusions of the study are the need to supplement the list of probation subjects; the importance of a multi-level system of normative legal regulation of the probation in resolving issues of resocialization; openness of functioning of the probation institution with the support of civil society. Based on an analysis of the essence of the probation and the content of correctional interventions, a conclusion is drawn about the specific nature of the resocialization process, its duration, stages, sequence, continuity, dynamism, and interconnectedness of the actions of subjects whose competence includes issues of guardianship and support for offenders. The importance of variability of measures used in the resocialization and social adaptation of a convict has been proven, possible ways to control his behavior, and subjects capable of providing services in the field of probation are proposed. The need to study foreign experience in the field of probation is substantiated to develop the most effective ways to achieve the goals of punishment, successful practices of resocialization, and social adaptation of convicts.

Keywords: competencies, civil society, security, crime prevention, probation institution, probation objects, probation subjects, resocialization of inmates, social adaptation, guardianship

DOI: 10.7256/2454-0706.2019.3.29206

Abstract: This article explores the federal and regional mechanisms aimed at legal support of indigenous minorities of the North. The relevance of this topic is substantiated by the isolated living of indigenous people and multiple unresolved issues associated with preservation of ethnic peculiarities, including the questions of legal regulation of their activities. The goal of the work lies in assessment of the legal support mechanisms for indigenous peoples of the North as the government assistance to the development of traditional economy, and prevention of criminal behavior among this population group. The authors conclude that the applied mechanisms for maintenance and preservation of cultural heritage of indigenous minorities of the North are somewhat tentative, carry signs of formalism, and testify to the incomprehensive study of the problem, including from the perspective of criminal law. There is a likelihood of ethnic separatism among the indigenous population. Based on the detected problems, the authors formulate recommendations on improving the existing mechanisms of legal support of indigenous peoples, as well as suggest the new legal solutions.

Keywords: regulation of economic activities, instruments of legal support, ancestral lands, ethnic communities, territories of traditional nature use, indigenous peoples, ethnic separatism, extremism, terrorism, crime

Abstract: The Institute of Early Retirement provision for Old-age teachers and medical workers in our country has been more than 80 years old. Initially, the pensions that such employees received, taking into account pedagogical or medical experience, were called pensions for years of service. Their size, conditions of appointment, payment procedure, procedure for calculating special seniority and other rules have been repeatedly changed. The history of the development of legislation on superannuation pensions is inextricably linked with the history of legal regulation of pension provision in general. This article is devoted to the problem of finding the optimal balance.

DOI: 10.7256/2454-0706.2015.1.10518

DOI: 10.7256/2454-0706.2021.10.36544

Abstract: The subject of this research is the legal relation that arise between the employee and the employer prior to signing employment agreement. Such relation, which suggest interviews, negotiation costs, etc., are not regulated by the Russian legislation. However, the number cases when the party suffers losses due to unfair conduct of negotiation by the other party increases. If the relations before conclusion of employment agreement are viewed from the perspective of labor legislation, there is no mechanism of compensation for damage. The article analyzes the need for inclusion of negotiations to the sphere of regulation of civil legislation and feasibility of application of the norms on pre-contractual liability in case of detection of bad faith. The author explores the foreign practice of implementation of the institution of pre-contractual liability in the sphere of employment. The novelty consists proving the expediency of application of civil law instruments to the relations under consideration. The article describes the procedural peculiarities of application of pre-contractual liability to the relations preceding labor relations. The following conclusions are made: relations that arise prior to signing employment agreement are referred to as civil relations, and do not intersect with employment relations; the job offer represents a formal offer within the framework of the Civil Code of the Russian Federation.

Keywords: precontractual relationship, damages, bad faith, employment, job offer, offer, precontractual liability, employment contract, negotiations, tort

DOI: 10.7256/2454-0706.2015.1.52354

Abstract: The freedom of assembly, despite its constitutional recognition as one of the main liberties, seems to attract a lot of attention of the legislators from the perspective of establishing limitations. The constitutional significance of this liberty, as well as the necessity and adequacy of the enacted limitations are evaluated through the prism of the functions performed by the freedom of assembly. The author highlights three main functions: communicative, “uniting”, and the function of “emotional relief”. They collectively define the essence of this liberty and the special nature of its legal regulation. The analysis of the functional potential of the freedom of assembly convinces the author in the uniqueness and irreplaceability of this liberty in a modern democratic state. The limitations of the freedom of assembly justified by the risks of its realization can only be considered as acceptable when they do not infringe on its ability to effectively carry out each of the stated functions.

Keywords: Constitutional Court, complex legislation, function of emotional relief, function of forming an identity, communicative function, freedom of assembly, limitation of rights, individual right, collective right, protest.

Abstract: The definition of evidence, as given by Art. 74 of the Criminal Procedural Code of the Russian Federation provides, that evidence is not the factual data (as it was stated in the CPC of RSFSR), but rather “any information, based on which, the court, the prosecutor, the investigator, the inquirer base their conclusions on absence or presence of conditions, subject to proving in a criminal case, as well as other matters of relevance for a criminal case”. While in some foreign states, there is no such thing as definition of evidence, in Russia it is not only necessary, but also is in need of improvement.

Abstract: This article contains evaluation of the process of formation of a new judicial system in Russia in 1917-1918. At this time both spontaneously created institutions and the People’s Courts, established by the Soviet bodies, existed. The article contains detailed analysis of formation of the judicial system in the Orenburg province in 1917-1918, statistical and factual data.

DOI: 10.7256/2454-0706.2017.3.21926

Abstract: The object of this article is the process of constitutionalization of the positions of health in the countries of the Association of Southeast Asian Nations (ASEAN), the comparative analysis of which is provided with consideration of its evolutionary character, in tight interconnection with the development of healthcare systems, as well as the level of funding of healthcare system. Within the framework of examination of the topic, the author reviews the constitutional acts of the ASEAN member-state, which enshrine the positions on health in form of the right to health and socioeconomic goal; as variations of social support of the vulnerable groups of population or legislative limitations of certain rights and freedoms necessary for protecting the public health from various threats. It is noted that on one hand, the question of ensuring the individual and public health represents a permanent task for any state, which should be resolved without considering the fixation of the corresponding positions in normative material, but nevertheless, using a significant amount of economic resources. On the other hand, population of any country, even in case of substantial state and private investments into the healthcare, cannot count on the complete freedom of diseases regardless the constitutionalization of positions on health and medical aid. But despite this, the process of consolidation of the positions on health in constitutional acts of various states can be considered a positive trend. In turn, the latter leads to emergence of responsibility of the states to recognize and abide alongside the possibility of the rightsholders to protect the rights associated with restoration and support of health; testifies to formation of the vector of development of legislation that regulates the sphere of healthcare; as well as allows the states to create their own concept of dynamic development of this sphere and establish a complex of responsibilities in the area of health protection based on the accessible financial resources.

Keywords: Disease, Gross-National Product, Healthcare expenditure, Healthcare system, Medical services, Medical aid, State, Highest attainable standard of health, Constitutional acts, Right to health

Abstract: As the author of this article notes, within the organized crime, one may single out a number of groups, which seem to be ready to commit any type of crime, without any particular specialization, and turn out to be youth organized crime groups. E.g., most of robberies are commited by people 21 to 30 years old. This article contains analysis of specific features, which single out youth organized crime among other types of organized crimes. In particular, author defines “youth” for the purpose of this study, studies psychological mechanisms behind formation of such groups and specific features of crimes, committed by such groups.

Abstract: The youth parliamentarism is a specific social expression of political and legal relations between the state and the civil society. In this sphere support of the youth parliamentarism may become the instrument which allows the state to speak the same language with the young people. And while this system exists throughout the Russian Federation, the youth parliamentarism in the Russian Federation is way far from perfection…

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.

Keywords: socialist state, social rights, human rights system, constitutional values, decent life, constitutional amendments, constitutional state, social state, free human development, social legislation

Abstract: This is the review by O.Zh. Samatov on E.S. Smirnova's book. As O. Zh. Samatov notes, this book continues the series of E.S. Smirnova's monographs, devoted to the issues of citizenship in the European Union, the NIC, and in Russia. This book also contains analysis of human rights issues and shall be of great interest to both practicing lawyers and legal scholars.

Abstract: Means of fighting pornography is one of the more problematic issues in the modern criminal law, and the legislators’ approaches differ and contradict each other. This article contains comparative analysis of criminal legal policy of a number of modern states, which is related to so-called “grown-up” pornography, that is its type which does not use images of underage people.

Abstract: The protection of a citizen's health is carried out at two levels: national legal and international legal. Russia is a party to a number of international treaties and conventions aimed at protecting human health and social rights. In our country, the legal provision of health protection is characterized, on the one hand, by a fairly high-level and multifaceted constitutional and legal consolidation, and a significant number of problems in practice, on the other hand. The article by O.M. Ivanova examines current problems related to the legal provision of health protection, key international legal standards.

DOI: 10.7256/2454-0706.2023.8.44084

Abstract: The article discusses such concepts as witness immunity and the prohibition of questioning a person as a witness. This issue is being investigated in the context of the fact that these are two independent concepts and the allocation of each of them has its own basis: persons with witness immunity are exempt from the obligation to testify due to the presence of kinship and family relations, and the prohibition of questioning a person as a witness is associated with the implementation of certain activities by this person. The main focus is on the prohibition of interrogation as a witness by a lawyer. Based on the study of judicial practice, including the legal positions of the Constitutional Court of the Russian Federation, the author notes a gradual transition from an absolute ban on questioning a lawyer to giving courts the opportunity to interrogate a lawyer as a witness without his consent and the consent of the client. The article gives a critical assessment of the approach to solving this issue, which has developed in practice, which changes the position of a lawyer in criminal proceedings: from the position of a representative, a defender to the position of an eyewitness to certain events. It is noted that this approach is obviously incorrect, and this position is justified. The author comes to the conclusion that lawyers are involved in criminal proceedings in order to combat procedural violations of the rights of their principals as lawyers (persons with the necessary professional knowledge and skills), and not in order to subsequently testify about the violations seen as a witness. It is unacceptable to constantly consider a lawyer as an eyewitness of illegal actions, and not as a defender of his clients from these illegal actions, otherwise lawyers will not be able to provide qualified legal assistance. The authors of the article consider the position of the courts to be correct, in which the courts recognize the interrogation of a lawyer as a witness as illegal with the recognition of the testimony received from the lawyer as inadmissible evidence.

Keywords: judicial practice, positions of the Constitutional Court, inadmissibility of testimony, duties of a defense lawyer, interrogation of a lawyer, ban on interrogation, witness immunity, defense attorney, criminal proceedings, lawyer

DOI: 10.7256/2454-0706.2021.6.35721

Abstract: This study is devoted to the implementation of the constitutional right of citizens to participate in the administration of justice in the Russian Federation. The relevance of the topic is seen in view of the continuing problems associated with the legal regulation of the mechanism for attracting citizens to such participation. The paper uses formal-legal, system-structural, predictive methods, as well as methods of analysis, synthesis, deduction, induction, dialectical method. The author examines the controversial issues related to the implementation of the constitutional right to participate in the administration of justice, the problems of its implementation by citizens of the Russian Federation at the present time.The novelty of the research is manifested in the identification of the main problems of the realization of the constitutional right of citizens to participate in the administration of justice, as well as in the author's proposals for their solution. In particular, the study analyzes the problems existing in the functioning of the institutions of arbitration and jurors, evaluates the proposals of the legal community on the possible expansion of the scope of jurors. The author comes to conclusions about the need to make adjustments to the legal regulation of the procedure for involving arbitration assessors in the judicial process, taking measures aimed at changing the attitude of citizens to participate in the administration of justice; about the need to make adjustments to the legal regulation of the procedure for the formation of a jury panel, the premature expansion of the jurisdiction of criminal cases to a court with the participation of jurors and the inexpediency of extending the scope of the activities of jurors in civil disputes.

Keywords: the rule of law, civil society, judicial power, civic duty, arbitration assessors, jurors, constitutional law, democracy, justice, implementation of the right

DOI: 10.7256/2454-0706.2019.8.30413

Abstract: The goal of this article is to raise the question of proliferation of modern understanding of the essence of social state in not only the area of social security, but also other areas, including criminal procedural law. Naturally, the subject of this research became the concepts of understanding of the essence of social state and the peculiarities of their application in the area of theory of criminal procedural law in examination of the question of the legal status of parties in criminal procedural relations overall and individuals with limited cognitive abilities in particular. The results of this research, reflected in its conclusions, consist in attention to the need for a change in understanding of the essence of a social state on the present stage of development of society and formation of its values on the international and national levels. The author proposes using the concept of “cognitive abilities” as a criterion for determining the level of realistic ability of a subject of violation to realize their rights and responsibilities, and as a result, attribution of individuals with limited cognitive abilities to the category of citizens requiring special protection by the state, which corresponds with the modern understanding of social state. This also justifies the novelty of the research, as well as designates the area of application of its results – in the theory of law in general, and in criminal procedural law particularly.

Keywords: the minor accused, guarantees of legal status, participants in criminal procedural, legal status, limited cognitive abilities, cognitive abilities, socially unprotected persons, social state, victims and witnesses, criminal procedural law

Abstract: Recent events in France reminded us of the need for a flexible legal policy, recognizing all the relevant factors and national interests, as well as the human rights value, in a state, where there is a large number of migrant workers, and it also reminded us of what kind of consequences might ensue, if this rule if not followed. Migration processes indicate the development of a number of aspects of a state: political, ethnosocial and labor market. These processes are influenced by changes, taking place both within one specific state, and within the international community as a whole. This article contains analysis of this problem ”in motion” - from the 1950s to the current time.

Abstract: About one in ten people on the globe is disabled. At the same time, from the point of view of workers and society as a whole, it is much preferable to help people with disabilities return to work or enter it for the first time if they have been disabled since childhood, than simply paying them cash benefits. In fact, a significant number of people with disabilities who would like to work are deprived of access to rehabilitation services and employment opportunities. The article by O.A. Paryagina examines the recommendations of international organizations, approaches to solving the problem existing in foreign countries, and the situation in the Russian Federation.

DOI: 10.7256/2454-0706.2016.1.17536

Abstract: The goal of this research is to determine the limits of the obligations of the sides of employment according to the individual contracts and work agreements. The relevance this work is justified by the expansion of the dispositional bases of the labor law and increased flexibility in the legal regulation of labor, which in addition to the clearly positive effect can also lead to certain negative consequences. The conducted research allows concluding on the procedure of contract signing between the employer and the employee, requirements as to the format of these agreements, as well as the basis for their execution. Attention is also given to the variety of formulations used by the legislator that affect the procedure of contract signing pertaining to determining its initiator. With regards to the format of the examined acts, it is pointed out that in the cases where the contract represents a legal fact that results in changes to or termination of employment, it is a byproduct of the employment contract, and thus must correspond with its format.

DOI: 10.7256/2454-0706.2016.1.52578

Keywords: Employment, Employee, Employer, Individual contract regulation, Employment contract, Agreement, Limits, Anti-discrimination law, Vexatious litigation, Labor rights

Abstract: The airplane crashes seem to happen horrifyingly often and they take away the lives of many people, including young people with much perspective in their lives, children, whose lives were just starting out, the elderly people, with much knowledge and experience… However, the issue of compensation of harm to the airplane crash victims does not seem to get much attention… If one is to analyze Russian legislation in detail, he shall find the answers to the questions of who shall be the respondent and how to gain compensation, but not the answer to the question of the amount of compensation…This article by I.L. Trunov is devoted to this topical problem, and the author provides comparison with the experience of the foreign states…

Abstract: Currently most people in the Russian society lack even the basic legal knowledge. Thus, while the totalitarian regime was demolished, its offsprings remain in the people’s views and minds. Many Russians still retain the old attitude to state and power, and at the same time greatly distrust the government and the law. One of the examples of this attitude could be constant “attacks’ on part 3 of Art. 81 of the Russian Constitution, providing that the President cannot serve more than 2 consequent terms…

DOI: 10.7256/2454-0706.2017.4.22725

Abstract: This research is dedicated to legal regulation of the sphere of private interests preserved in the conditions of legal regime of the martial law. Comparative analysis demonstrates the need for protecting the private sphere of public relations in terms of the market economy, and primarily private property. Shifting the restrictive measures that existed in Soviet legislation onto the current reality is not fully possible due to the obligation to protect the interests of private sphere of social life, which has not been acknowledged in Soviet State. Examination of stipulated by the federal constitutional law “On Martial Law” limitations of economic rights of the citizens and legal entities, demonstrates its imperfection in part of reimbursement of cost of property value to the owners, compensation of losses to the employers in involving of their employees in other jobs, etc. Search for the balance between public and private law in the conditions of martial law allowed formulating the principle of proportionality in limitation of rights that imposes the inadmissibility of excessive legislative limitation of private sphere by establishing the boundaries of “interference” within it under various possible options of development of an armed conflict. The author underlines the need for determination the types of restrictive measures in various circumstances of an armed conflict, as well as identifies the gaps and collisions in legal regulation of the martial law.

Keywords: boundaries, balance, protection of property, Inadmissibility of limitation of rights, area of private interests, martial law , limitation of rights, public, private law, proportionality

DOI: 10.7256/2454-0706.2020.7.32776

Abstract: The subject of this research is the constitutional human rights and freedoms in the Russian Federation. The goal is to substantiate their most rational classification for application in human rights advocacy of the Commissioner for Human Rights of the Russian Federation. The author conducts the analysis of these rights and freedoms, as well as underlines the need for their classification for the purpose of application by the Commissioner for Human Rights of the Russian Federation. Various approaches within modern national legal literature towards such classification. The author also presents an original approach based on the quantitative criterion – degree of perception of rights and freedoms by population of the country. The proposed new classification significantly differs from the officially accepted in its commitment to results of human rights advocacy of the for Human Rights of the Russian Federation.

Keywords: the criteria, classification, specialization, Authorized, protection, rights and freedoms, human rights, Constitution, social justice, annual report

Abstract: Right to common residence is an institution, whish came into being in the Soviet law. Russian legislators recognized family members as specific subjects of legal relations in the sphere of housing and provided them with specific civil law right referred to as the “right to use of living quarters”. This right is not known to foreign housing legislation. I.V. Kachalova’s article contains analysis of relevant provisions of Russian law, of contents of this right, its correlation to the proprietary interest, the dynamics of the right to common residence. The author also studies subjects of the right to common residence, correlation of the modern right to common residence with the right to limited use of living quarters in the Roman law.

DOI: 10.7256/2454-0706.2019.8.30407

Abstract: The subject of this research is the peculiarities of the work of Prosecutor’s Office of the Russian Federation pertinent to protection of citizens’ rights to essential medicines. The article examines the questions of legal regulation on the citizens’ access to essential medicines, as well as the powers of the Prosecutor’s Office in this regard. The authors meticulously analyze the results of prosecutors’ oversight activities in different subjects of the Russian Federation for the past two years. Special attention is given to the prosecutors’ work on eliminating violations and introducing recommendations on lodging complaints with the court. The scientific novelty lies in the comprehensive study of legal issues related to the protection of citizens’ right to essential medicines by the Prosecutor’s Office of the Russian Federation. Among the most meaningful results obtained in the course of this research is the formulation of proposition on improving the current legislation on the protection of citizens’ health, subject of prosecutor’s oversight and administrative liability for violating citizens’ rights, as well as the established law enforcement practice.

Keywords: protection of rights, social support, social assistance, health protection, medical care, drug provision, prosecutor, representation of the prosecutor, inspection, administrative responsibility

Abstract: This article by E.S. Alisievich contains analysis of the interpretation practice of the European Court of Human Rights. This practice is of key importance for understanding of the guarantees of rights and freedoms of people in accordance with the European Convention on human rights.

DOI: 10.7256/2454-0706.2017.4.23007

Abstract: This article is dedicated to the aspects of legal status of people as subject of public authority in logic of the Russian Constitution. The author examines the questions of structure of such status, possibilities and grounds for limitations (boundaries) in realization of authority directly by people, including in the context of referendum, determination of personal composition of the government authority agencies, and correlation of various forms of direct democracy. The article analyzes the constitutional positions, practice of the Constitutional Court of the Russian Federation pertaining to the boundaries of realization of authority by people. Attention is turned to the corresponding norms of the constitutions of foreign states. The author comes to a conclusion that the efficient realization of the constitutionally specified goals of public authority that requires a careful adjustment of its mechanism does not exclude certain level of self-restraint of people in realization of authority in one or another form (including directly). At the same time, for the conclusion on presence of corresponding limitations, it is necessary to establish concrete constitutional legal bases. In worst case scenario, the constitutional organizational principle of the Russian State – status of people as the sole source of authority – is practically refuted.

Keywords: Boundaries of authority, Recall , Elections, Referendum, Representative democracy, Direct democracy, Democracy, Constitution, Authority, People

DOI: 10.7256/2454-0706.2019.8.30520

Abstract: The subject of this research is the set of principles and rules of civil, family and other branches of law regulating surrogacy in the Russian Federation. The author analyzes the case law established in this field, explores the scientific publications that point at the issues of legislative regulation. Attention is turned to the fact that the reproductive technologies require more accurate regulation in order to avoid difficulties in establishing the status of children born through surrogacy contract. It is demonstrated that the current legislation does not fully protect the interests of the newborn, surrogate mother and biological parents, and needs improvement. Moreover, the State Duma of the Russian Federation introduces the fundamentally different draft laws, which either are aimed at regulating surrogacy (bill of the State Duma Deputy S. S. Murzabayeva), or outlaw it altogether. The scientific novelty consists in the fact that based on the analysis of legal regulation of surrogacy and civil peculiarities formed in this field of legal relations, the author formulates and substantiates the changes and amendments to current legislation, which would specify the type of surrogacy contract, determine the legal status of a surrogate mother and potential parents, as well as set of rights and responsibilities of the parties.

Keywords: esponsibility of the parties, agreement, child, embryo implementation, surrogate mother, infertility, assisted reproductive technologies, genetic parents, legality, moral aspects

DOI: 10.7256/2454-0706.2014.2.7241

DOI: 10.7256/2454-0706.2014.2.52150

Abstract: The article considers the place of compulsory state insurance institution in the system of military law, discusses the features of implementation of this legal institution and the challenges faced by the military personnel during the implementation of the right to compulsory state life and health insurance; it is concluded that the institution of compulsory state insurance of life and health of the military personnel is a complex legal institution; it is specifically related to the institution of military law and places the Russian Federation among the technologically advanced, socially-oriented civil societies where human rights and freedoms are provided within the proper parameters of justice.

Keywords: Jurisprudence, private insurance, comprehensive institution, military law, military personnel, international obligations, constitutional law, human rights, private principles, public principles.

DOI: 10.7256/2454-0706.2014.2.10897

DOI: 10.7256/2454-0706.2014.2.52151

Abstract: The article examines the concept of the social state and its relationship with the constitutional right of citizens to social security. The author considers the constitution of various foreign countries in order to find whether the principles of social policy of the state and the right to social security are consolidated. The subject of present paper is the constitutional right of citizens to social security in the Russian Federation and Western countries being indicators of the social state. The authors reveals the problems of introduction and development of new elements in the implementation of the right to social security as well as its development in the post-industrial society. These issues are investigated using logical and systematic methods of analysis and synthesis, formal, legal, comparative legal, historical and comparative methods of cognition. This article extends and substantiates a thesis according to which the constitutional right to social security is the main indicator of the welfare state. Building a social state through the implementation of the constitutional right to social security is a strategic task of the state apparatus as well as an obligation and concern of each individual citizen and society as a whole; in order to solve it, mutual responsibility is required.

Keywords: Constitution, the social state, the welfare state, social security, poverty, state social assistance, social services, quality, business, roadmap.

DOI: 10.7256/2454-0706.2015.2.13099

Abstract: This article is dedicated to the modern government policy of the Russian Federation in the sphere of protection of morality. At the present stage, the government practically withdrew its influence on the forming of informational politics of the mass media and protection of the highest values of Russia in the area of providing morality and wellness of the citizens. This also relates to the Internet and publishing industry. At the same time the analysis of the current state of morality within the modern Russian society proves it necessary for the government to regulate this issue. Within the framework of this research the author makes specific recommendations on improving the government policy in the area of spiritual condition of the society. Based on the empirical research of the state of morality within Russian society and the analysis of the current legislation new recommendations are being proposed – the project of federal law “On the protection of morality, psychiatric wellness and psychological condition of the consumers of the products of mass media, information-telecommunication networks, and the publishing industry”. This article is first to conceptually substantiate the need for moral censorship and constitutionality of its legal nature. It presents key positions of the government bill on protection of morality; develops positions on creation of a specialized authority within this sphere – The Commission for Protection of Morality; offers specific actions with regards to the harmful information at various stages of regulation.

Keywords: Morality, Censorship, Government policy, Mass media, Internet, Psychological wellness, Legislative act, Child protection, Public interests, Media space

DOI: 10.7256/2454-0706.2015.2.52368

Keywords: Morality, Censorship, Government policy, Mass media, Internet, Psychological wellness, Legislative act, Child protection, Public interests, Media space .

DOI: 10.7256/2454-0706.2014.3.11321

DOI: 10.7256/2454-0706.2014.3.52166

Abstract: The process of formation of the democratic rule of law state in Russia requires the need to provide by law for both the private interests and the interests meeting objective needs of society as a whole and guaranteeing social stability within a state. Viewing public interest as an inalienable attribute of a social state, the author regards the issue of legal guarantees of its implementation (revealing, guarding and protecting public interests) as a topical one for the legal science. Taking into account that presence of a prosecutor in a civil process serves as the main marker defining the need to protect a public interest in a civil process, the author turns to the theoretical issues regarding the studies of the “public interest” as a category. The study of the category of “public interest” is held by the author with regard to the use of general theoretical methods of interpretation, such as (grammatical (lingual), logical, systematic, functional methods. The author makes a conclusion that the category of “public interest” is an estimate one. Its contents depend on flexibility of boundaries between the spheres of activity of society and state, between public and private issues, allowing one to regard “public interest” as an universal legal matter, presupposing the possibility for both broadening and limiting interpretations. At the same time it requires due respect for the moral standpoints within the legal framework, which are present in the natural law approach to law. The revealed subject element of public interest corresponds to the goals of a prosecutor as a special subject in a civil process, which also reflects both his historical purpose and procedural legal status.

Keywords: public interest, protection, prosecutor, civil process, legality, state interest, social interest, undefined range of persons, significant number of persons, interpretation.

DOI: 10.7256/2454-0706.2015.3.13160

Abstract: Existence of the problem of “the protester” within the legal political discourse serves as a proof of a constant human strive towards broadening of their civil rights and liberties. The degree of these liberties directly depends on the definition of the political regime and the existing legal system that motivates a person to broaden their liberties, as well as serving as a form of repression that limits the rights and liberties of a person. “The protester” is viewed differently within various legal discourses, which testifies of the existing difference in perception of the subject of liberty that pertains to the diversity of the cultural, political and legal traditions. The author tends to believe that the image of “the protester”, as the society’s right to liberty and demonstration of a protest is differently legitimized by one or another cultural tradition, which reflects in the amount of their rights and liberties that are allocated to them by the legal discourse. The forming of a certain tendency for protest, its technologies and aesthetics completely depends on the definition of the political regime that formulates specific requirements for the format of liberty within the framework of legal discourse.

Keywords: Protest, protester, authority, law, culture, society, political protest, legal discourse, liberty, resistance

DOI: 10.7256/2454-0706.2015.3.52386

Keywords: Protest, protester, authority, law, culture, society, political protest, legal discourse, liberty, resistance

DOI: 10.7256/2454-0706.2016.3.18311

Abstract: This article explores the issues of alimony for adult disabled children in need from the comparative legal perspective. In the comparative key the author examines the subject composition of parties, as well as conditions for provision of alimony (disability, need). This work considers the normative material and legal precedent of various legal families on the example of such states and state constructs as Germany, Russia, France, California (U. S.), Morocco, and Algeria. The author highlights the regularities of the institution of alimony that is common for all countries, as well as the specificity of each of them. The alimony institution for disabled adult dependence in need carries a different specificity in different legal families. These peculiarities pertain to both, the subject composition of alimony obligations, and the conditions under which the alimony payer and alimony recipient acquire mutual rights and responsibilities within the framework of alimony obligations. The author makes the recommendations for improving the Russian legislation in light of the examples of the foreign law.

Keywords: alimony conditions, parties to legal relations, adult children, invalids, disabled, alimony, Family Law, need, sufficiency of funds, alimony payer

DOI: 10.7256/2454-0706.2016.3.52607

Keywords: alimony conditions, parties to legal relations, adult children, invalids, disabled, alimony, Family Law, need, sufficiency of funds, alimony payer

DOI: 10.7256/2454-0706.2014.4.11711

DOI: 10.7256/2454-0706.2014.4.52182

Abstract: This article studies the issues of formation of various directions of legal policy in the sphere of minimization and overcoming marginalization processes in the Russian society, which have a negative influence upon the rule of law and legal order. The author notes that the legal policy in the sphere of legal regulation of marginalization processes is a special complex type of legal policy of the state and other social subjects, which is aimed at the minimization, prevention, revealing and abolishment of negative marginal manifestations in the Russian society. The subjects of such a legal policy are state and municipal bodies of the Russian Federation, non-governmental organizations and other non-commercial organizations, as well as persons. The objects in this sphere of legal policy are marginal subjects, their rights, freedoms and obligations, as well as social relations, in which they participate, social values (social security, etc.), which are violated due to the negative influence of the marginal sphere.

Keywords: Marginality, lack of social protection, social disadvantage, social adaptation legal policy, preventive legal policy, marginal environment, social values, person, subjects of legal policy, lawfulness.

DOI: 10.7256/2454-0706.2016.4.15043

Abstract: The subject of this research is the public relations emerging in the process of putting individuals to work in the correctional facilities. The author carefully examines the relevant issues associated with assignment of work to the inmates serving a sentence in correctional facilities, analyzes additional qualities of labor that increase the correctional process to such extent that it could be used as a motivation for early release. The author retrospectively expounds the legislative initiatives of the Soviet state authorities on stimulation of the inmates towards high productivity by offering early release. In order to receive accurate results and substantiate them, the author used the method of historical analysis. The scientific novelty consists in the fact that this work has theoretical and applied significance in the area of organization of the work of correctional officers in stimulation of inmates towards public benefitting work. For this purpose, the work retrospectively analyzes the process of establishment of the institution of early release of inmates from correctional facilities and the experience of calculation of work hours.

Keywords: correction officer, criminal penalties, correctional facility, inmate, correction, work, early release, penal code, criminal code, labor camps

DOI: 10.7256/2454-0706.2016.4.52620