Law and Politics - rubric Discussion forum

Abstract: The article is devoted to motivating the need to form and implement into the Civil Code of the Russian Federation a specifi c chapter, which would be devoted to the nature, defi nition an terms of application of juridical facts in civil relations. The author offers to include into this chapter some norms, by which one could ensure the dynamics of a particular legal relation, as a relation between the individual behavior of a subject and the legal norms, as well as formation of juridical facts as bases for civil law rights and obligations.

Keywords: jurisprudence, fact, legal, civil law, legal relation, formation, modernization, notary, law, concept.

Abstract: The article is devoted to one of the topical problems of the modern Russia, that is, to the formation of constitutional (Ustav) justice of the constituent subjects of the Russian Federation. As a result of the studies, the author then comes to a conclusion that the current legal regulation on the order of formation and activities of the constitutional (Ustav) justice of the subjects of the Russian Federation contradicts the Constitution of the Russian Federation, legal positions of the Constitutional Court of the Russian Federation and federal legislation, and therefore needs to be amended

Keywords: jurisprudence, law, constitutional (Ustav) courts of the constituent subjects of the Russian Federation, Constitutional Court of the Russian Federation, President of the Russian Federation, judicial system, right for judicial protection, legal status of a

Abstract: This article is devoted to the issue of formation of the patent court in Russia. The author shows legal and economical prerequisites for the formation of such a specialized court. The author supposes that formation of such a court may provide additional guarantees of fair trial, ensure comprehensive approach to specific type of disputes, requiring professional help from various spheres of science and machinery. At the same time the author provides for amendments, which need to be introduced into the legislation, as well as for the specific features of the patent court, which are due to specific character of copyright disputes

Keywords: jurisprudence, patent, court, copyright, intellectual property, reform, law, administrative, arbitration, judicial system

Abstract: In this article the author analyzes some problems, related to a new type of cases — on recognizing information materials to be extremist materials. In the author’s point of view one of grave mistakes of the judicial practice is dealing with these cases within the special proceedings framework. This conclusion is based on historical analysis of this procedural institution and requirements of the European standards

Keywords: jurisprudence, special proceedings, civil proceeding, ECHR, European Convention o of Human Rights, appeal, set of persons, freedom of conscience, limitation of rights and freedoms, extremism

Abstract: This article is devoted to the issue on the status of persons, who have a right to represent in criminal process. The author analyzes the positions of the legislator and of the Constitutional court of the Russian Federation on limitation of such persons to advocates only. Based on analysis of practice and international legal standards in this sphere, the author establishes the need to include into the criminal procedural legislation the provision for allowing non-advocates to represent in criminal process. Keywords: jurisprudence, the criminal procedure, Constitution of the Russian Federation, justice, representative, other person, advocate, suspect, accused, the Constitution of the Russian Federation, qualified legal assistance, assistance in criminal cases

Abstract: This article is devoted to the problem of correlation of obligation and real law in the land rent relations in the Russian Federation. The author used articles, monographs, and dissertation thesis. This article once again has shown the lack of unified approach, which is proven by existence of at least three concepts. Keywords: jurisprudence, law, land, rent, real, obligation, correlation, regulation, contract, relations

Abstract: Neither the Land Code of the Russian Federation, nor the Forest Code of the Russian Federation mention the agricultural use of forests, which are situated on the lands fit for agricultural purposes. In spite of the existing blanks, formation of the forest ranges on the agricultural lands is a very positive goal. Keywords: jurisprudence, lands fit for agricultural purposes, content of lands, collective farm forests, plots of land, agriculture, protective forest ranges, Land Code, forests of local importance, reorganization of collective farms

Abstract: The article is devoted to the correlation of the terms production secret, know how and commercial secret, as well as to particular problems, related to use of production secret (know how) in non-commercial organizations. The author reviews the prerequisites for possible limitations, related to such use and methods for overcoming them, including amendments into the legislation of the Russian Federation. Keywords: jurisprudence, law, know-how, organization, non-commercial, secret, commercial, legislation, production

Abstract: The article includes analysis of tendencies of development of legal business in Russia and need for its reform, problems in the activities of the advocates and lawyers in the private practice. The author gives examples and analyzes the tendencies of development of international legal companies. Based on the latest international tendencies, the author makes conclusions and provides ideas for improvement of legal business of Russia. Keywords: jurisprudence, legal business, economical growth in Russia, advocacy in Russia, lawyers, entrepreneurs, organization of finances, placement of shares, accreditation of higher education institutions in Russia, international legal companies, licensing, reimbursable legal services of the Association of Lawyers of the Russian Federation

Abstract: The collection includes the speeches at the 3rd Philosophical and Legal Readings in the Memory of Academician V.S. Nersesyants. The key speech “Law: the Past and the Future” was provided by the Correspondent Member of the Russian Academy of Sciences Maltsev, G.V. The topics of speeches at the roundtable were devoted to several key problems of the Russian philosophy of law, including the history of its formation, current situation and topical aspects of its peculiarities. The sections were devoted to two vast issues of modern philosophical and legal concepts: “The Liberty Theory of Human Rights” and “The Modern Understanding of Law: the Input of the Representatives of the Integral Jurisprudence”. One of the key methodological approaches had become the integral understanding of law. Among the speakers there were representatives of scientific and scholarly centers of Russia, Ukraine, Belarus, Armenia, Kazakhstan, and Uzbekistan. Keywords: philosophy of law, understanding of law, Nersesyants, liberty, integral, jurisprudence, human rights, freedom, equality, justice, sociological jurisprudence

Abstract: The jural state and the civil society fail if there are no free citizens. Legally educated, cultured, politically active citizens form the basis for the above-mentioned structures. This, in turn, calls for heightened moral responsibility of lawyers…

Abstract: This article contains analysis of polysistemic crime-related personality study within the framework of procedural status of any particular person and procedural limitations in accordance with the Criminal procedural code of the Russian Federation. Author has studied a number of important factors, classified participants of criminal judicial procedure by their procedural status and their availability for personality study. Author set key goals and issues, provided relevant statistics. The article also contains analysis of a number of procedural situations, which are resolved based on personality studies, general and specific models of limits of personality study within criminal procedure.

Abstract: Criminal legal policy of any state should strive to strike a right type of balance between an effective control of a state and ensuring the rights and freedoms of any individual. Do the changes, which are brought into the Criminal Code of the Russian Federation, help to achieve such balance, or rather the contrary? In Professor Ilyichev’s article one may find critical analysis of the measures taken to “soften” Russian criminal law, namely, amendments to the Criminal Code of the Russian Federation.

Abstract: The idea of execution of justice by independent and unbiased court is one of the cornerstones of the democratic jural state, where the human rights have great value. That is why independence of courts and judges is so topical. Of course, developed democracies show less problems, while the transition states show much more of them…

Abstract: Participation of women in the political process is one of the key characteristics of development of democracy in the state. This social and political issue in the modern Russia is represented by a variety of organizations and movements, varied in their structure and activities. The study of structure of women’s movement can be best held with use of the database on women’s organizations with use of methods of formal and quality analysis.

Keywords: political science, women’s movement, gender, social movement, civil society, women’s organization, modern Russia, database, democracy, system analysis

Abstract: This article is of scientific and practical character. Its topicality has to do with the fact that the legislation on bankruptcy lacks a specific procedure for users of subsurface resources. The author shows a typical example, when such a user gets investments, and then uses the procedure of bankruptcy in order to avoid his obligations to pay back. Then, the author provides detailed analysis of legislation in order to find the gaps, and offers ideas on amending law, in order to change things.

Keywords: jurisprudence, bankruptcy, use of natural subsurface resources, investment, natural resources, creditors, abuse, debt, mountain property, legislative draft

Abstract: The article is devoted to the development of protective function of the labor law of the Soviet period, its current condition and perspectives of development. Currently this function fails, and the rights of worker are often violated. That is why it is quite interesting how this protective function was developing in the Russian labor law in the sphere of employee protection. Topicality of this study has to do with the fact that currently this function needs a novel approach in its influence on labor relations.

Keywords: jurisprudence, function, rights, employee, employer, norms, legislation, history, contract

Abstract: Due to the start of the global transfer of the world community to the stable development the article provides analysis of conceptual and theoretical characteristics of the law of new qualities, which is aimed into the “common stable future”. In its perspective, the law of stable development should be not just another branch of law, but rather a new quality and principle of formation and functioning of the entire system of legal norms. Currently a new sphere of legislation — legislation of stable development is being formed, and together with the international agreements and the “soft law” of the UN it is a stimulating mechanism, which shall reorganize the global legal system in the interests of realization of the strategy of stable future.

Keywords: jurisprudence, security, secure development, security through stable development, globalization, law of stable development, rule of law, national security, stable development, environmental law

Abstract: The article includes analysis of the article by the Chairman of the Constitutional Court of the Russian Federation V.D. Zorkin “The limit to flexibility” as it was published in the “Russian Newspaper”, and which formed the basis for the speech at the XIII International Forum on Constitutional Justice. The author criticize the idea to form a “protective mechanism” from implementation of the Decisions of the ECHR, which, in the opinion of the Chairman of the Constitutional Court of the Russian Federation, touch upon the national sovereignty and basic constitutional principles. The motivation for the “limits to flexibility” by the priority position of the branches of power, namely the Constitutional Court of the Russian Federation and by comparing the “public interest” with the international courts, threatens us with the violation of international legal obligations of Russia and with the fall of the constitutional bases.

Keywords: jurisprudence, ECHR, the Constitutional Court of the Russian Federation, the priority of the international convention, implementation of the ECRH decisions, national sovereignty, limit to flexibility, Konstantin Markin v. Russia, discrimination, right to family life

Abstract: In the opinion of the authors of this article, the concept of legal entity or an organization with the rights of legal entity, as provided by the author of monograph “Subjects of Law” I.P. Greshnikov is not sufficiently grounded. Russia has its own way of development, and it should not uptake the elements of foreign Anglo-Saxon, Roman-German or other legal systems. The Russian legal system should not lose it own “genetic code” of the people, and should not give away its social and legal mentality.

Keywords: Yurisprudentsiya, yuridicheskoe, litso, organizatsiya, organizatsionnoe edinstvo, tsivilistika, khozyaistvennoe pravo, lyudi, priznaki

DOI: 10.7256/2454-0706.2020.4.32512

Abstract: This article is dedicated to the search of the answer to the question of whether or not an expert witness carries civil legal (property) liability for providing flawed expert opinion that the court refuses to admit as the valid evidence in a case. An attempt is made to answer the question of whether compensation of the expert can be lowered; should the initial expert’s testimony be paid if the court requires second opinion; can the court refuse payment to the expert witness or a conclusion must be made that expert witnesses have immunity from property liability. Based on the results of analysis of arbitration court case law it is determined that in majority of the cases courts conclude that despite an ill-prepared expert testimony, compensation of the expert witness cannot be decreased or unpaid, while independent claim against the expert will not be satisfied. Such approach of the judicial system testifies that expert witnesses have de-facto immunity from civil liability, despite the fact that such immunity is not covered by the legislation. Moreover, there is a principle of general tort, according to which any damages, including those inflicted by an expert witness, are subject to compensation.

Keywords: expert's responsibility, claim to an expert, tort liability, defects in the expert report, immunity of a judicial expert, civil liability, property liability, judicial expert, improper evidence, re-examination

DOI: 10.7256/2454-0706.2021.2.35031

Abstract: Correlation between the concepts of “novel” and “innovation” in law is one of the topical problems faced by the modern legal science. Its relevance is substantiated by the fact that the improper use of one or another term in legal science (for example, the term "”innovation” instead of the term “novel” may lead to misperception and complicate the research of these legal phenomena. The goal consists in establishing correlation between the concepts of “novel” and “innovation”, as well as the criteria for their classification based on the analysis of the essence of these two concepts. The subject of this article is such principles of the novels and innovations in the legal system that impact the characteristics of these legal phenomena. In the course of research, it was determined that law incorporates both, novels and innovations, which should not be confused, and correlate with each other as a whole (legal novels) and as a part (legal innovations). The article provides classification of legal novels and legal innovations in accordance to various criteria, namely depending on the type of legal process, form of expression (of novels and innovations in law) and (legal novels and innovations). The latter are distinguished by the fact that they are reflected in the legal norms. At the same time, innovations in the law and legal system imply the fundamentally new and (or) significantly improved processes that take place in the legal system, as well as their results. Novelties, in turn, imply any amendments to the law and the legal system.

Keywords: classification;, patterns of legal regulation, legal concepts, radical beginning;, conservative beginning, legal innovation, legal novels, law, conceptual series, general theory of law

DOI: 10.7256/2454-0706.2022.11.39084

Abstract: The subject of the study in this paper is the transformation of the practice of applying legislation regulating the exemption from civil liability during the pandemic. The authors analyze in detail the content of such related categories: "force majeure" and "force majeure clause". The article highlights the features of exemption from civil liability due to insurmountable circumstances, their doctrinal clarification, the ratio of definitions. Separately, the materials of law enforcement practice of disputes related to non-fulfillment of obligations due to the introduction of restrictive measures related to the spread of COVID-19 are analyzed in the context of identifying the nature of such restrictive measures and the possibility of their attribution to force majeure circumstances exempting from civil liability. The novelty of the study is determined by a small number of scientific papers, a wide range of legal problems that have arisen as a result of numerous judicial practice of fulfilling obligations in the context of the implementation of restrictive measures and self-isolation regime in the context of countering the spread of COVID-19. Special attention is paid to the analysis of normative legal acts defining the specifics of the implementation of contractual obligations between counter-parties due to the introduction of restrictive measures during the pandemic. The main conclusions of the author are: the COVID-19 pandemic itself does not relate to a force majeure circumstance, but is qualified by Russian courts as a kind of force majeure, in connection with which the authors consider it necessary to propose a new version of Article 401 of the Civil Code of the Russian Federation.

Keywords: default, arbitrage practice, civil legalrelations, Civil responsibility, isolation mode, restrictions, force majeure, proof of, civil law, political risks

DOI: 10.7256/2454-0706.2020.5.32826

Abstract: This article examines the legal regulation of bioprinting (3D printing) and culture of tissues and organs in the BRICS countries through the prism of protection of intellectual property. The work demonstrates the means of protection of results acquired at each stage of bioprinting by the norms of copyright and patent law, as well as touches on the questions of the need (possibility) for patenting of “bioprinters”, “bioinks”, “biopapers”, etc. The goal of this research is to determine the necessary and possible boundaries for patenting (copyright law protection) of the means, products, processes and their moral-ethical acceptance in the society. The novelty of this work consists in a comprehensive analysis of the approaches of BRICS countries towards development, legal formalization and protection of bioprinting and culture of tissues and organs as medical and non-medical technologies from the perspective of intellectual property law. The author attempts to answer the question of (non)patentability of the process (means) and result (product) of bioprinting of tissues and organs, the “bioprinters” themselves, as well as the “bioinks” and “biopapers” they use. With regards to (non)patentability of tissues and organs acquired through 3D printing, a conclusion is made that there is an unfavorable environment for their patenting, though their production, in the author’s opinion, should the right to patenting providing that they meet the criteria (other conditions) set by patenting law of a particular country.

Keywords: patenting, bio-inventions, intellectual property, organ cultivation, 3D printing of organs, bioprinting, BRICS countries, copyright protection, bioethics, products and methods

DOI: 10.7256/2454-0706.2021.5.35651

Abstract: The advancement of informatization leads to the information society, which is a global trend of information civilization. Present time marks the new information stage of social development, which should be defined as information society, where information and knowledge are the key object of labor of the majority of population, and information technologies are a direct instrument of labor. In this regard, civil proceedings, which is founded on the adversarial principle, also takes the vector towards the information component. The adversarial principle, is in turn is influenced by objective factors (social relations) and subjective factors (attitude towards the right of subjects), which is the basis for changing the mechanism of its implementation. This directly affect the conduct of judicial proceedings and legal enforcement of adversarial principle. The author determines the key trends in adaptation of the means of implementation of adversarial principle in civil proceedings in the conditions of the use of information technologies. The author suggest dividing the means of implementation of adversarial principle into two groups: for creating an environment of trust and communication interaction between the participants and the court. Based on this, the article analyzes the possible impact of information technologies upon the adversarial principle in civil proceedings, as well as the mechanism of its implementation. The conclusion is made that the adversarial principle in civil proceedings can fall under influence of information technologies, since its essence is formed from objective and subjective factors; while the means of its implementation, which comprise the legal measures of its mechanism through adaptation of information technologies in justice, are susceptible to change.

Keywords: competitiveness, environment of trust, informatization, Information society, adversarial principle, implementation mechanism, civil proceedings, communication, efficiency, objectives of the proceedings

DOI: 10.7256/2454-0706.2020.1.31962

Abstract: The subject of this research is the separate provisions of legislation on elections, as well as the law enforcement practice in light of their correspondence with legislation on countering corruption – the new vector of research in electoral law. The object of this research is the social relations in the area of elections. The author examines the instance of consolidating the powers of the territorial electoral commission and electoral commission of a municipal formation, as well as the practice of information support of elections by mass media, established by the candidates and political parties. Special attention is paid to the corruption risks. Methodology is based on the sociological approach to corruption reflected in the works of Pierre Bourdieu, particularly the practice of delegation of powers. The following conclusions were made: 1) since electoral commissions are not under supervision of the prosecutor’s office, there is a gap in delegation of the functions of control over the decisions, actions or inactions of electoral commissions; 2) delegation of the function of information support of elections by mass media established by the political parties and candidates contains corruption risks. The author’s special contribution consists in recommendations aimed at overcoming political inequality in electoral process with reference to the indicated problems. The novelty consists in application of sociological approach towards examining the practice of holding elections.

Keywords: conflict of interest, political inequality, delegation of authority, election commissions, abuse of media freedom, combination of powers, elections, corruption, head of municipality, electoral process

DOI: 10.7256/2454-0706.2020.5.32594

Abstract: The subject of this research is articulation of the problem of legal qualification of a new institution of Russian law – debt restructuring in a personal bankruptcy case. The author sets a goal to determine the scope of problems emerging in examination of a question of legal nature of the debt restructuring plan, and proposes ways of their possible solution. The research covers question such as correlation between the restructuring plan and other categories of the institution of personal insolvency, presence of elements of a deal in the restructuring plan, essence of debt restructuring, as well as court’s role in personal debt restructuring. The empirical base of this research includes materials from case law of both, lower and higher courts. The scientific novelty of this work consists in the approach towards definition of the essence of restructuring plan that is principally different from other versions in literature, namely the qualification of the restructuring plan as a legal claim, rather than a civil law deal. The author advances a concept, according to which the obligations on debt restructuring stem from a court order, rendered in response to demands of parties (or party) in a personal a bankruptcy case expressed by presentation of restructuring plan to the court. Based on this concept, legal practitioners intending to argue a restructuring plan, are recommended to file an appeal for court order on confirmation of restructuring plan, or with a motion on its annulment by the court, rather than with a request to find the restructuring plan an invalid deal.

Keywords: creditor, contract, unilateral transaction, financial recovery plan, debt restricting plan, bankruptcy proceedings, private bankruptcy, debtor, list of creditors, modification of obligations

DOI: 10.7256/2454-0706.2018.2.20377

Abstract: The subject of this research is the positions of the Russian legislation, law enforcement practice, as well as the existing in legal science views on the problems of agreement-based regulation of relations in the area of labor. The authors meticulously examine the interaction between civil and labor law. Particular attention is given to the questions of the cross-sectoral linkages of the two branches, which has recently acquired special scientific relevance. This is encouraged by the development of legislative system and necessity of practical implementation. The civil and labor law remain in constant interaction and development; thus, it is necessary to ensure the balance between civil legal and labor legal regulation of social relations endued into the agreement-based form. The article applies the cross-sectoral method of scientific analysis, as well as provides forecast of the development of legal regulation of the agreement-based form of relations in the area of labor. The authors substantiate the position that the future achievement of establishment of the systemic regulation of relations in the area of labor requires ensuring the interaction between the civic and labor law. It is pointed at subsidiary application of the norms of civil law to labor relations. The article provides an original understanding on the development of legal regulation in the area of labor, considering the interaction between civil and labor law.

Keywords: interaction, approach, law, agreement, labor, services, work, activity, legal regulation, civil law

Abstract: This article includes some criteria of socially-oriented evaluation of Russian legislation. The author provides classification of Russian laws into democratic and undemocratic ones, good quality and bad quality laws, fair and unfair laws, real and fictitious laws. The author also provides critical evaluation of a number of legislative acts, gives ideas for improvement of the current situation.

DOI: 10.7256/2454-0706.2017.7.23456

Abstract: This article explicates a position towards the commercial pseudoscientific dermatoglyphic testing, which discredits the dermatoglyphic research. Attention is turned to the inadmissibility of identification of such testing with the criminalistics dermatoglyphics, which level of development is rather high. The author reviews the propositions of the scholars, who specialize in the area of forensic and criminalistic dermatoglyphics, as well as practical determination of various characteristics of a human based on the maximally full volume of qualitative and quantitative dermatoglyphic signs. This article represents an analysis of the insufficiently reasoned critical position of formation of the criminalistics dermatoglyphics theory, as well as ways for resolution of the diverse diagnostic tasks. It is aimed at establishment of the objective assessment of the current status of theoretical and practical research of criminalistic dermatoglyphics as a constituent of the sector of criminalist technique – trace evidence.

Keywords: expertise, fingerprint maps, papillary pattern, criminalistics, dermatoglyphics, diagnostics, testing, study, serial killers, criminal behavior

Abstract: Currently, due to resurrection of the institution of bailffs, which existed in Russia before the October Revolution of 1917, its history is of special value for us. This article contains a detailed study of development and specific features of the institution of baliffs in Russia before the Revolution.

Abstract: The problem of security have always been one of the key problems of any state. Prior to XX century security was mostly viewed as an external security, protection of borders, or, as an internal security, including dealing with criminals, revolutionaries and the opposition. However, in late XIX – early XX century the issues of security of an individual came into discussion. This article by A.F. Galuzin is devoted to legal security.

Abstract: In this article Professor A.M. Zaporozhets reviews the Federal law “On technical regulation”, which came into force on July 1, 2003. Author also studies current state and future perspectives of technical and industrial policy of the Russian Federation, and, as it is noted in this article, the above-mentioned law is aimed to bring changes to the technical policy in the nearest decades. Once the reform of legislation on technical regulation is completed, it may become the basis for the formation of the structure of the state industrial policy.

Abstract: This article is devoted to the “land issue” in the Russian Federation, it contains the study of history of the land issue and attempts to solve land-related problems. The author also studies position of the Constitutional Court of the Russian Federation, as expressed in the Decision of the Constitutional Court of the Russian Federation in the case heard by request of the Murmansk Oblast Duma regarding constitutionality of the Land Code of the Russian Federation, by which the provisions of the Land Code were found non-contradictory to the Constitution of the Russian Federation.

Abstract: "…Institution of currency regulation within the sphere of international investment law includes a wide range of issues, such as competence of a state in the sphere of currency regulation, subjects of currency operations, obligations of investors to use foreign currency, as provided by a state, permissibility of currency limitations and criteria for applying such limitations…” The monograph of V.A. Trapeznikov (as reviewed) is devoted to modern problems in the sphere of investment law. The monograph includes studies of investment guarantees in the international law, currency regulations, modern international currency system. This monograph shall be of interest to those, interested in international investment relations, international commercial law, law students and economists, as well as to practical workers in the sphere of foreign economic activity.

Abstract: Classification of material evidence is rather important in practical work, since it allows to organize the process of their collection, study, evaluation and use correctly, to allocate them within the system of evidence in a case. This article contains analysis of classifications of material evidence and relevant correlation, as recognized in procedural law and legal literature.

Abstract: For a long time legal media called for humanization of punitive influence, and the Russian legislators amended the provisions of Russian criminal law by the law of December 8, 2003. D.A. Lipinsky's article is devoted to problem issues of humanization of punitive influence in the Russian criminal law in accordance with the reform of 2003. The article also contains the study of court practice, authors propositions on how to solve existing problems.

Abstract: In the article by I.I. Tsarkov, new methods of teaching the History of political and legal doctrines are considered, various schemes are presented.

Abstract: The course of actions towards modernization of the agricultural economics presupposes priority and strategic development of animal farming. The system-based solution of the problems in this sphere of economics presupposes the need for organizational, economic and legal influence on production of animal farming products. This article contains some ideas on improvement of legal provisions on animal farming in order to bring it out of crisis.

Keywords: The course of actions towards modernization of the agricultural economics presupposes priority and s, economic and legal influence on production of animal farming products. This article contains some id

Abstract: The article includes a critical view of the existing point of view on the contents of the “right to judicial protection” of an individual. Then the author offers another interpretation of this law, based on the analysis of international legal provisions, as well as of the national law.

Keywords: right to the judicial protection of an individual, access to justice.

DOI: 10.7256/2454-0706.2016.5.14471

Abstract: This article examines the issue of the lack of rights of employers in the area of labor within the constitutional law of the Russian Federation. The Russian Constitution contains only the positions on the labor rights of the citizens as employees. But in the case where that same citizen ends up in the position where they employ someone, they find themselves in the vacuum of the constitutional law. Their rights as an employer are no longer guaranteed by the Constitution of the Russian Federation. Within the context of the principle of equality, which is the foundation of the Russian legal field, this position of employers seems unjust and discriminatory. The authors analyze the current legislation, including the norms of the Labor Code of the Russian Federation, as well as the norms of the Administrative Code of the Russian Federation. There is also a discussion on whether or not the employers need constitutional rights in the area of labor. The authors come to a conclusion that in order to realize the principle of equality proclaimed in Russia, it is necessary to include the positions on the rights for employers in the area of labor into the Constitution of the Russian Federation.

Keywords: responsibility, equal opportunity, equality, Its administrative law, labor law, Constitution, fines, impunity, vulnerability, employer

DOI: 10.7256/2454-0706.2016.5.52640

Keywords: responsibility, equal opportunity, equality, Its administrative law, labor law, Constitution, fines, impunity, vulnerability, employer

DOI: 10.7256/2454-0706.2015.8.15917

Abstract: The subject of this research is the Federal Law “On the Roads and Road Activities in the Russian Federation…” No. 257-FZ from November 8, 2007, as the foundation of legislation of the Russian Federation on roads and road activities. The object of the research is the legal norms, contained in the law, that regulate the core functionality of the roads and driving. A special attention is given to the proposition on improving these legal norms by changing them, as well as introducing additional articles that would allow eliminating the gaps in legislation on roadways and road activities. The scientific novelty consists in the fact that the author is first to analyze the foundation of the legislation of the Russian federation on roads and road activities, detects the key flaws and gaps in the law, and devises measures for remedying the imperfections that impede the development of the road system. The proposed changes allow a significant concretization of the norms that regulate the use of roads, as well setting the responsibility for the authorities of executive branches and their leadership that are not performing their duties.

Keywords: financing, road users, operating control, road legislation, road activities, roads, road system, duty, individuals, legal entities

DOI: 10.7256/2454-0706.2015.8.52484

Keywords: financing, road users, operating control, road legislation, road activities, roads, road system, duty, individuals, legal entities

DOI: 10.7256/2454-0706.2016.9.20111

Abstract: This work contains the results of the author’s analysis of the issues pertaining to clarification and interpretation of the constitutional position on recognition and equal protection of various forms of ownership in the Russian Federation. Based on the research and comparison of the norms of the current Russian legislation on this matter and the experience of its implementation, as well as various scientific views, the author makes the conclusion that the content of the analyzed norm of the Russian Constitution cannot signify equality of all forms of ownership in the Russian Federation, since regulatory designation of this Constitutional imperative is immeasurably broader. The author defends the opinion that outside such logic any discussion of equality of recognition of various forms of ownership same as of equally applicable basis for legitimization, including the protection from infringement, will not have the proper empirical confirmation and will thus inevitably become theoretical.

Keywords: private interests, public interests, legalization, legitimation, legal defense, recognition, ownership, public property, axiological dominants, society

DOI: 10.7256/2454-0706.2016.9.52705

Keywords: private interests, public interests, legalization, legitimation, legal defense, recognition, ownership, public property, axiological dominants, society

DOI: 10.7256/2454-0706.2014.8.12690

DOI: 10.7256/2454-0706.2014.8.52255

Abstract: The article is devoted to the analysis of the mechanism for the formation of the highly professional national elite in the sphere of state administration. Special attention is paid to the domination of spontaneous elements in recruiting highest state bureaucracy. The author offers a system of measures for the legal regulation of the system of selection, training and promotion of the best cadres to the top echelon of the government power. In the opinion of the author the main principles of the mechanism for the formation of the higher echelon of state government should be provided for in the Constitution of the Russian Federation. The article raises an issue of the formation of the new mechanism for the formation of national elite in the sphere of state administration. The study involves a system of methods, including formal logical, dialectic, materialistic, systemic, historical, statistic, sociological. If Russia is going to deal with the challenge and become one of the leading states, it should form a new mechanism for the formation of the national elite in the sphere of state administration, so that the best representatives of the Russian society would strive to join it. The top echelon of state government of Russia should be more than just a sum of person, who came there sometimes by mere luck, rather it should be a social group, which is formed mostly by purposeful selection. Additionally, the only persons remaining in top echelon should be those, who are able to guarantee dynamic development of the state and high qualify of living standard for the people.

Keywords: People, supreme state bureaucracy, state administration, unprofessionalism, Constitution, standard of professional qualities, mechanism for the cadres selection, democratic rule-of-law state, ruling party, social progress.

DOI: 10.7256/2454-0706.2015.11.16773

Abstract: This work was motivated by the constant attention of the scientists and practicians to improvements in dactyloscopy due to development of scientific and technical means and scientific milestones in criminology and forensic science on identification. The authors examine the problems of reasonableness of implementation into law enforcement of delta index, symbol dactyloscopic formula as a combination of ridge patterns of the palm and fingertips, as well as other dermatoglyphical traits of the ridge patterns. A special attention is given to the argument that the symbol dactyloscopic formula can serve as biological marker of adaptive phenotype, allowing forecasting emergence of criminally significant events by the ridge patterns of the individual. Analysis was conducted on the research of ridge patterns by other authors from previous years, as well as ridge patterns of persons who committee violent crimes in a number of Russian regions. The results and comparison with the proposed prospects of development in dactyloscopy and dermatoglyphics by other authors reveal that neither the numerical nor symbol formula is sufficient for identification of a specific individual. The research needs to be conducted on the morphological images of the ridge patterns of fingertips, which will allow avoiding mistakes.

DOI: 10.7256/2454-0706.2015.11.52545

Keywords: serial crimes, delta index, ridge pattern, fingerprints card, fingerprints form, dermatoglyphics, dactyloscopy, research, identification, diagnostics

DOI: 10.7256/2454-0706.2013.13.10359

DOI: 10.7256/2454-0706.2013.13.52126

Abstract: This article contains an attempt to analyze polemic issues of organizational legal mechanism of the guarantees of constitutional rights and freedoms of individuals and citizens in the Russian Federation. The author substantiates the following order of actions for the improvement of this mechanism: 1) development of a complex theory (concept) for the organizational and legal mechanism (doctrinal stage); 2) adoption of laws and amendments in the current laws (law-making stage). The author studies the definition of organizational legal mechanism, as well as of methodological characteristics and elements of functioning and development. The author provides a number of constructive conclusions as to the further progressive development of this mechanism. The methodological basis for the study includes application of both general scientific means and methods and the specific scientific methods typical of legal studies. The author used dialectic, historic, comparative legal, specific sociological, statistical, logical methods, as well as the method of systemic structural analysis. The study was based upon the generalization and systemic analysis of scientific work and the normative legal basis. The problem of organizational and legal mechanism for the guarantees of basic constitutional rights and freedoms is among the largest, and the materials are plentiful. Whichever sphere of society and state we might take, it shall be more or less connected with the issues of rights and freedoms of individuals and citizens. The category of organizational and legal mechanism for the guarantees of constitutional basic rights and freedoms of individuals and citizens causes a lot of discussions and is an object of much interest. In spite of a large number of works on these issues, some problems are insufficiently studied. The cause can be found in the ongoing reforms in Russia, lack of legislative stability in this sphere. These and other circumstances predefine topicality and practical importance of the study, as well as the need for the analysis of organizational and legal mechanism for the guarantees of constitutional basic rights and freedoms of individuals and citizens in order to make its functioning more efficient and they prove the need for further scientific and practical recommendations.

Keywords: mechanism, problems, perspectives, guarantees, rights, freedoms, individual, citizen, implementation, the Russian Federation.

DOI: 10.7256/2454-0706.2013.13.52127

Abstract: The author analyzes the current position of the institution of elections in Russia after the two decades of its development within the framework of the current Constitution of the Russian Federation. It is noted that the election legislation is not stable, it lacks a united vector, it moves to one extremity and then to the other, and the changes are conjuncture-based. It is shown that the elector activities are lowering, and in many regions and large cities the number of active electors in regional and municipal elections is extremely low. These facts show low level of trust of electors to the institution of elections, and the social polls show the same tendency. The main defects in the practice of elections included preclusion of access to elections for popular candidates and party lists, and falsifications in counting elector voices. Additionally, due to some provisions of current election legislation of late year a new problem of “ fabricated majority” takes place more and more often. The conclusion is made that the Russian elections mostly do not correspond to their constitutional purpose, which is to express the will of the people.

Keywords: elections, election legislation, activities of electors, trust of citizens, registration of candidates, falsification, election system, fabricated majority, election reform, Election Code.

Abstract: The article includes constitutional legal analysis of the situation, which related to the decision of the State Duma of the Russian Federation on termination of powers of the deputy G.M. Gudkov. The author provides grounds for the thesis that this decision was a result of the appropriation of power and replacement of legal terms by introducing anti- Constitutional responsibiltiy. Much attention is paid to the incorrect formulae in the request to the Constitutional Court of the Russian Federation by the group of deputies.

Keywords: Constitution, law, status, Deputy, powers, termination, mandate, cessation, responsibility.

Abstract: The paper contains recommendations for improvement of the regulatory framework of education using distance learning technologies. The author’s attention was drawn to the following problematic issues: 1. Legal provisions defi ning the status of distance learning institutions, actively using remote educational technologies. 2. Legal rules governing the licensing, accreditation and certifi cation agencies that use distance education technology. 3. The legal norms governing the international contacts of institutions of distance learning and the creation of separate business units. 4. The legal norms governing copyright compliance on products produced and payment of copyright.