Legal Studies - rubric State institutions and legal systems
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MAIN PAGE > Journal "Legal Studies" > Rubric "State institutions and legal systems"
State institutions and legal systems
Lyubarev A. - Basic Parameters of a Proportional Election System and Their System Interconnections pp. 1-42
Abstract: The author of the article discusses the system interconnections between such parameters of the proportional election system as the size of an electoral district, threshold and a seat allocation method. It is shown that these parameters altogether influence on the exception threshold - the share of votes guaranteeing at least one seat for a list of candidates. Based on the legal and politological analysis of consequences of using the threshold, the author concludes that a reasonable threshold must not exceed 5 % and the most preferred threshold is 3 or 4 %. This threshold can be considered a reasonable compromise between demands in the parliament performance and the parliament's representation. The author also offers certain legislative solutions that would guarantee at least one seat allocation for a list of candidates who received over 5 % of votes. The author also describes the criteria allowing to use a proportional election system when vey few seats are being allocated.
Lapaeva V.V. - The Gudkov case: legal analysis pp. 1-48
Abstract: The article includes legal analysis of the decision of the State Duma of the Russian Federation to terminate the powers of depty G.M. Gudkov, the so-called «Gudkov case». The author supports a thesis that this decision was a result of implementation of powers not typical for a legislative body, substitution of legal matters, and introduction of responsibility of a deputy, which was inadequate towards his constitutional and legal status.
Olefir A.A. - Anti-corruption policy framework in economic relations of public procurement pp. 1-23
Abstract: The article concerns the main problems in the sphere of anti-corruption policy in economic relations of government purchases.  The author proves the necessity of providing for a complex of special tools minimizing the practices of involving interested (affiliated) parties into the public purchase procedures, as well as lobbying of commercial interests of certain enterprises by highest officials when a state purchase is being considered. The author provides specific suggestions regarding the improvement of legislation in this area in Russia and Ukraine from both theoretical and practical standpoints.
Trofimov E.V. - State awards of Russian regions pp. 1-147

DOI:
10.7256/2305-9699.2013.1.430

Abstract: The article deals with the institution of the state awards of Russian regions. The author reveals the features and trends of the legal regulation of state awards of Russian regions. Based on statistical data collected and analyzed by the author on the general population of awarding systems of all regions of the Russian Federation, conducted a qualitative and quantitative analysis of the premium law and awarding systems of Russian regions. The author defines the typical model of awarding system of republics and other regions of the Russian Federation, shows their strengths and weaknesses, and formulate recommendations for their improvement.
Bulakh E.V. - The State Support of Developing Local Self-Government System in Modern Russia: Prospects and Constraints pp. 1-22

DOI:
10.7256/2305-9699.2013.2.490

Abstract: The article analyzes directions of a modern Russian state policy in the field of local government and reveals the main features of municipal authorities, its issues and development trends. The author of the article also studies the fundamental guarantees of local self-government in modern Russia and offers ways to increase efficiency of the state support of institutions of local government. 
Eseva E.Y. - Constitutional minimum in payment for labour. pp. 1-12

DOI:
10.7256/2305-9699.2013.6.816

Abstract: The article is devoted to the problem of implementing a constitutional guarantee in the sphere of payment for the labor no lower than the minimum wage.  The author analyzes the current Russian legislation in the sphere of current regulation of the minimum wage and minimum living level.  The author studies the functioning of the institutions of minimal guarantees in the sphere of payment for the labor, uncovering the defects in the legal field in this sphere.  Currently the minimum labor wage is lower than the minimum living standard for a working person and his family members, while international law currently provides for totally different standards based upon the decent work concept.  Decent work should be guaranteed with decent payment, which should not be lower than the minimum living standard in a region.  Accordingly, Russia needs to change its legislation based upon the generally recognized global standards of legal status of persons, which is necessary for fighting poverty and social integration support.
Lazota L.A. - General image of the structure of the trade law sources in the BRICS states. pp. 1-11

DOI:
10.7256/2305-9699.2013.10.7400

Abstract: Comparative legal studies in the sphere of trade law of the BRICS states is an important instrument allowing to form a systematic image of the legal systems of these states. This is not a simple issue, since the states within the group represent three legal families - the Roman - German (Russia, Brazil), common law (the Republic of South Africa, India), and socialist (China). The comparative legal studies allow to apply legal instruments in the sphere of trade law in order to evaluate scientific and practical issues.  The comparative method is often used in the trade law, fore example, when the international system and a domestic legal systems are compared in order to harmonize material legal norms, regulating trade turnover, and to gain an image of international legal entreprenerial customs and general principles of trade law.  Additionally, the comparative legal studies allow to popularize legal knowledge and internalize it by the legal subjects of the BRICS states. 
Lyubarev A. - Comparison of the Russian and German legal systems pp. 1-29

DOI:
10.7256/2305-9699.2013.11.1013

Abstract: The author compares mixed bound election system used for the German Bundestag elections since 1953 and the mixed bound election system which was applied in Russia for the State Duma elections in 1993-2003.  The author points out their differences and similiarities.  The main difference is that the German election system guarantees proportionate representation of political parties with the minimal distortion, while the Russian election system allows for considerable distortions, including the situation when a party for which less than half of electors have voted gains majority of seats.  The author discusses factors, which lead to proportionality distortions in German election system, as well as the problems of "extra" mandates and splitting of votes. The author makes a conclusion that the German election system may be adapted to the Russian conditions, and within the majority part of the system there's a need to depart from the "winner takes it all" principle.  As one of the options the author offers to substitute single-mandate election districts with the multi-mandate ones.
Akhrameeva O.V. - Russian service state: theoretical fundamentals of the public strategies for the guarantees of private and public interests. pp. 1-28

DOI:
10.7256/2305-9699.2014.4.11485

Abstract: Mentions of "service" are usually associated with goods, monetary and trade relations, customers and market, choice of goods.  In the legal sense this term may be related to private interests as opposed to public relations and state.  However, the new age - the age of service is actively spread around the globe in the sphere of public relations.  The author based her studies upon analysis and comparison of state programs and strategies, as well as on the post-neo-classical concept of public services (also known as managerism theory) regarding transfer of some public functions into the private sector of economy.  At the same time comparing the basic theory and its Russian implementation, the author also analyzes other modern possibilities for this theory, as implemented in different states. The author shows how public and private interests are correlated in the implementation of the concept of service states, and how the terms "service", "public service" are defined and what place they take within the state, what goals are set into the new strategic programs, how public strategic programs and  the concept of "state as a firm" are related. This concept is presented in the book by Hans-Adam II, Sovereign Prince (Fürst) of Liechtenstein - "The State in the Third Millennium". In order to illustrate how the concept of service state is implemented in Russia, the author evaluates the procedures applied in the arbitration court proceedings, notariat and advocacy. In spite of domination of market aspects within the concept of service state, the leaders of the Russian Federation do not provide for the transfer of all of the state functions into the private sphere.  Additionally, the author speaks against usage of the "state as a firm" concept, since it is attractive due to the possibility of complete abolishment of bureaucratic apparatus, but it provides only for the representative functions of the state in the international arena, and that of an arbitrator for the private companies in the domestic sphere.  However, in Russia as a great multi-national federation, it is impossible to use the method which is developed and applied in a small unitary Principality - state.  It is also supported by the legislation on service and information technologies and federal target programs and state strategies presented in the Addresses of the President of the Russian Federation.
Rouvinsky R.Z. - Nation state facing the challenges of the XXI century: the overview of main political and legal problems. pp. 1-11

DOI:
10.7256/2305-9699.2014.5.11971

Abstract: One of the most serious issues in the modern social sciences is the problem of state. While being an "eternal" topic for the legal studies and political philosophy, the problems of state, statehood, attitude to state power currently are facing a challenges of a total new quality.  These challenges in the sphere of modern understanding of statehood require detailed evaluation.  This article includes a brief overview  of the most important problems and contradictions, influencing the statehood in the XXI century. The methodological setting of the study is dialectic, and it is reflected by the attempt to evaluate the matters in their development and internal contradictions. For his work  the author used the problem-categorical attitude allowing for the most significant elements of the object of studies. The study develops the ideas, which were provided by the leading representatives of the modern Russian and foreign political and legal sciences.     The author points out the transforming influence of the economic globalization processes upon the structure, functions and potential of the state institutions, noting the limitations to the sovereignty of the states, making the state sovereignty and unimportant ideological phantom.  The author then characterizes the state erosion processes on vast territories (Iraq, Haiti, Mali, Somali, Sudan, Ukraine, etc.). The author offers a critical evaluation of the spread of requirements for the "democratization" of a state, lowering the role of state in the public life.
Makartsev A.A. - Efficiency of the norms of election law: definition, criteria and implementation conditions. pp. 1-35

DOI:
10.7256/2305-9699.2014.7.12010

Abstract: The object of studies involves defining the criteria for efficiency of the norms of election law, which is established by correlation between the goal, which was set at the adoption of the norm and the results of its practical implementation. This issue is being studied based upon the regional election legislation and judicial practice concerning election issues. The author considers that the law-making stage, when the goal of the legal norm and purpose of legal regulation are defined is a key to guaranteeing efficiency. At the same time establishing the goal is an initial stage of law-making, when there is a need to adopt a certain normative legal act. The author notes that sometimes the legislator purposefully hides the goals for which a certain normative act is adopted, if such goals contradict to the interests of majority of the population. The reasons for the disparities between the results of application of a norm and the goal, which was set, when the norm was adopted, may be various. They may involve contents of a legal norm, conditions of its adoption and application, subjectively incorrect evaluation of the norm by the legal practitioners. The process of analysis of efficiency problems regarding legal norms is furthermore complicated , since currently the legal practices faces the "crisis of goals", leading to the "crisis of purposes", and sometimes to their conflict, when the initial goals of legal act contradict each other.  Provision for the main goal of adoption of legal acts in such acts shall allow the legal practitioners to understand the goal of legal regulation correctly, and it may also serve as a basis for interpretation of normative provisions, allowing to avoid abuse of rights. be � p��4 �+ n the process of describing the stages of experimental law-making process, using the law-making experiment in Kemerovo region as an example.   Among the special legal cognition methods applied in this article one should mention formal legal, structural functional methods, and the method of legal interpretation. There exist certain directions of legal process, and their specific features were not yet studied in Russia. Specifically, these involve experimental law-making process. Experimental law-making process is a complicated and comprehensive term by its nature. The question of legal nature of experimental law-making process is debatable, since the legal nature of legal process is ambiguous, and experimental law-making process is a type of legal process. Experimental law-making process is a procedural form of turning legal ideal models of law-making experiment into the real system of legal relations united by a common goal. In the broadest sense experimental law-making process is a complex and multi-aspect term characterizing the combination of all of the legal forms of activities of state bodies and other competent subjects, which is related to taking certain legally valuable actions in the sphere of law-making experiments  within a procedure defined by law. In the end, it causes legal consequence - the legal hypothesis is verified.  In its narrow sense, experimental law-making process is a generalizing term characterizing duly legally regulated procedure for experimental activities, as well as the activities of bodies (services, officials) on preparing, holding and analyzing the results of law-making experiment. The main stages of experimental law-making experiment are 1) preparation for the law-making experiment, 2) holding law-making experiment; 3) analyzing results of the law-making experiment.  
Rouvinsky R.Z. - Topical theoretical and legal aspects of the political crisis in Ukraine. pp. 1-11

DOI:
10.7256/2305-9699.2014.6.12148

Abstract: The events, which have been ongoing in Ukraine since December 2013, require comprehensive analysis from the standpoints of political conflict studies, as well as other legal sciences.  The political legal processes, which are currently ongoing in the neighboring state, allow one to have a new look at the definition apparatus, which is applied by the science, being a practical illustration for the theoretical materials, as provided in many generalizing monographs on theory of state and law.  This article is devoted to the theoretical legal analysis of the situation of the Ukrainian political crisis.  The author discusses some fundamental legal causes for the destruction of the Ukrainian statehood, such as the regime of formal legality, denial of sovereignty by the state, priority of particular matters over general ones.  The author pays special attention to the value of imperialism as an actual factor in the modern international politics, and the role of the destructive methods in the modern political process.  The methodological basis for the studies is dialectic.  In the process of writing the article, the author applied problem-categorical approach, systemic method, method of historical and political interpretation of law. The author based the studies upon Hegel's approach towards state and its nature.  The offered article is one of the first works in the Russian legal theory concerning the statehood crisis in Ukraine.  The author formulates conclusions regarding nature of the state and statehood. In the opinion of the author the social order should be whole, and normative zone should be united, and it requires the uniform application of norms, as established by the central government.  Decisions and acts of the state bodies, and the norms of law should be based upon the system of values and ideas, which would be comprehensible and shared by the majority of people in the society.
Kravets I. - Judicial guarantees of Constitution and presidential constitutionalism. pp. 1-35

DOI:
10.7256/2305-9699.2014.8.12780

Abstract: The article concerns approaches to the modern understanding of constitutionalism as a legal matter, correlation of constitutionalism and judicial guarantees of the Constitution, interrelation between the concept of supremacy of the Constitution and means of guaranteeing constitutional norms, role of the President as a political guarantor of the Constitution, formation of the presidential constitutionalism in Russia, compatibility of constitutionalism and the strong state. Attention is paid to the limitations to the judicial guarantees of the Constitution within the legal system of the Russian Federation, rise of the President as a political guarantor of the Constitution for the purpose of implementation of the goal provided in the Constitution of the Russian Federation, which is the formation of the rule of law state. The article involves the principles of comparative and systemic analysis, constituional projection and critical evaluation of efficiency of constitutionalism and the means of guaranteeing the supremacy of the Constitution.  The articlee includes evaluation of the ideological sources of the modern understanding of constitutionalism, means of guaranteeing the constitution and their constitutional enshrinement and correlation within the doctrine and practice of modern Russian constitutionalism and constitutional justice. The author discusses the dominant features of presidential constitutionalism in Russia, uncovering the gaps and defects of the current legislation in the sphere of guarantees of constitutional norms and formulating proposals for the improvement  of constitutional legislation and legislation on constitutional justice.
Kuleshova E.A. - Role of the regional representation institutions in the process of formation of the state innovation policy. pp. 1-9

DOI:
10.7256/2305-9699.2014.9.13026

Abstract: The article concerns specific features of the formation of the state innovative policy in the federal state. In particular, the author substantiates the importance of the interaction of regions and the federal center in the process of development and formation of the state innovation policy.  The author provides brief characteristics of the regional representation institutions within the system of federal government, as well as regional influence groups, which may have influence upon the development and formation of the state innovation policy, as well as on the formation of a sustainable national innovative system. Within the framework of the article the author used the methods of documental analysis, generalization, classification and forecasting.  The author analyzes the implementation of the state innovation policy at the curren stage, paying special attention to the Russian federalism. The author draws a conclusion on the need for the involvement of the regional influence groups in the formation of the state innovation policy, which should result in the formation of the sustainable regional innovative systems, and, therefore a national innovative system.
Mamitova N.V. - Problems of Carrying Out Anti-corruption Review of Rules and Regulations and Drafts Thereof in Modern Russia pp. 1-14

DOI:
10.7256/2305-9699.2014.11.1338

Abstract: This article considers the theoretical issues of organizing and carrying out anti-corruption expert review, it analyzes the practice of such review and gives practical recommendations related to arranging and carrying out anti-corruption review of rules and regulations and drafts of such rules and regulations. It also considers the key types of anti-corruption review, points out the problems which expert faces when conducing such review. The article notes that in order to overcome various negative phenomena in the law-making process in the Russian Federation, the institute of legal review of Russian laws was established to create effective barriers to corruption phenomena in power and other negative trends interfering with the effective law-making process. Methodologically, the article is based both on the general and special methods: historical, dialectical, systematic, comparative legal, hermeneutics, analysis, synthesis and a number of other research methods and approaches. The scientific novelty of this article is in the fact that the author does not just analyze the problems associated with the anti-corruption expert review  in the Russian society but also suggests ways of solving them which may improve the efficiency of such anti-corruption review. Implementing such suggestions will result in better effectiveness in implementing the National Anti-corruption Strategy, boost the research into this subject and draw the public attention to the questions raised in the article.
Gutorova A.N. - The problems of the political party program legal regulation pp. 1-12

DOI:
10.7256/2409-7136.2014.12.1372

Abstract: The article considers the issues related to the Russian political parties’ programs creation and functions. The article reveals the common problems of the programs of the political parties represented in the State Duma of the Russian Federation. As a result of the research the author suggests to amend the Russian legislation in the sphere of political parties’ programs regulation. The author uses the general classical methods of legal knowledge: problem and chronological, synchronous, comparative, system, and statistical. The author makes the original complex study of the political parties’ programs legal regulation based on the materials of the existing political parties and on the works of the Russian scholars. The author comes to the conclusion that it is necessary to oblige political parties to officially formulate their programs in the key spheres of state activity such as state-building, lawmaking, executive-administrative activity, justice, public prosecutor's supervision, and financial control. Moreover, political parties should officially announce their attitude towards economic, cultural, social, and foreign policy of the state
Savoskin A.V. - The status of municipal deputies needs improvement pp. 1-15

DOI:
10.7256/2409-7136.2015.4.14579

Abstract: The purpose of this publication is not only to attract attention to the problems of the status of elected representatives of the people, but also to develop the effective mechanisms of their status improvement and the effectiveness of local deputies increase. Therefore, in addition to the analysis of the legislation on the status of deputies the article describes the specific measures of their legal status improvement. In the Annex to the article there is a draft Law of Sverdlovsk region aimed at the establishment of additional powers-guarantees of local deputies. This project (with appropriate modifications) can be implemented in other regions of the Russian Federation. The research is based on the general scientific dialectical method.The author uses the special methods: the historical method, the system-structural method, the formal-legal, logical and comparative-legal methods. The article studies the peculiarities of normative regulation of the local deputies' status and justifies the establishment of these legal institutions: deputy's inquiry with the elements of the parliamentary inquiry, deputy question, deputy inspection as an individual authority of local MPs. The publication can be used by the scientists and by the deputies in their legislative activities.
Agapov I.O. - Legal regulation of lobbying in Canada pp. 1-12

DOI:
10.7256/2409-7136.2015.10.1639

Abstract: The subject of the research is the peculiarities and legal scope of interaction of private interests representatives and public authorities in Canada. Special attention is paid to the study of the main documents regulating lobbying: the Law on Lobbying and the Code of lobbyists’ conduct. The author analyzes the structure, functions and authorities of a lobbying commissioner, the particular issues of interaction between lobbyists and federal government officials. The article reveals the problems of implementation of legal prescriptions conditioned by the voluntary nature of the Code and the lack of resources for an effective control over lobbying. The study is based on the general scientific and special methods, including the analytical, historical, formal-logical and technical-legal methods. The author comes to the conclusion that, despite the long history of legal regulation of lobbying in Canada, the existing system of lobbyists registration leaves much to be desired. Registration and report requirements are hardly implemented, investigations are not conducted. At the same time the lobbying commissioner possesses a vast number of means of influence on the illegal behavior of dishonest lobbyists. 
Chornovol E.P. - Civil law forms of compensation for damage, caused by corruption offences, within the system of legal anti-corruption measures pp. 1-74

DOI:
10.7256/2409-7136.2017.1.18837

Abstract: The research subject contains national civil law forms of compensation for damage, caused by corruption offences, represented in the system of legal provisions, defining the limits of legally approved and necessary behavior of subjects of social linkages. The author characterizes civil law forms of compensation for damage, caused by corruption offences, which are differentiated to legal and regulatory, individual and regulatory and personable legal provisions according to their content. Special attention is given to the establishment of the extent of damage, the ways and the character of compensation for damage caused by corruption offences. Based on the research, the author formulates the proposals about the improvement of civil law regulation of compensation for damage caused by corruption offences. The research methodology in based on the set of general scientific and special methods: synthesis, analysis, the system-structural, formal-legal, logical, comparative-legal, statistical and other methods. Regulatory forms are expressed in the forms of a civil law institution of prevention of causing and compensation of damage, which, according to the character of the offence, form a specific sub-institution of compensation for damage caused by corruption offences. Individual civil law forms of compensation for damage, caused by corruption offences, are represented by legal relations – tort liabilities, in which the subjective rights of the injured and the legal responsibilities of the wrongdoers are formed and implemented. Personable civil law forms of compensation for damage, caused by corruption offences, consist in legal capacity and active capacity of persons involved in the mentioned tort liabilities. Each of them is analyzed. 
Lyubarev A. - On the logic of legislative regulation of candidates registration on the ground of voters signatures pp. 1-8

DOI:
10.7256/2409-7136.2016.8.18949

Abstract: The article analyzes the provisions of Russian electoral legislation regulating candidates and lists of candidates registration on the ground of voters’ signatures. The author notes that in the result of the recent unsystematic editing of electoral legislation, this legislation has lost its internal logic. The author studies the practice of registration of candidates and lists of candidates on regional and municipal elections of the past several years and notes that, according to the legal position of the Constitutional Court of the Russian Federation, the candidates and lists of candidates registration system is aimed at allowing the candidates with a sufficient electorate support to participate in the election. The author compares the provisions of electoral legislation about the number of voters’ signatures, necessary for registration, and about the practice of exemption of some political parties from gathering signatures. The comparison demonstrates the lack of logic in the provisions regulating the rules of candidates and lists of candidates registration. The analysis of the practice of candidates registration in regional and municipal elections demonstrates that the system of registration on the ground of voters’ signatures doesn’t discharge its constitutional function: it leads to the denial of access of popular candidates to election, but allows the candidates, subsequently gaining poor results, to participate. The author offers the measures of restoration of the normal electoral competition in Russia. 
Fomicheva O.A. - On the issue of legislative initiative implementation pp. 1-12

DOI:
10.7256/2409-7136.2016.9.20234

Abstract: The research subject is the mechanism of legislative initiative implementation. The author studies the problems of lawmaking as a basis for the legislative process in the State Duma and regional legislative bodies of the Russian Federation. The author formulates the following tasks: to identify the lawmaking elements on the stage of legislative initiative development and the mechanisms of their realization. The key component of a draft law idea implementation is the methodology of jurisprudence. The author studies the ways and mechanisms of legal instruments. The application of general scientific research methods helps the author to conclude about distinguishing the lawmaking procedure of legislative initiative into two interrelated stages. The research element of this issue is the absence of a detailed mechanism of legal regulation of law making. The analysis of theoretical and statutory sources allows defining the problems of implementation of a lawmaking mechanism in the process of legislative initiative development. The author outlines the problems of implementation of this type of a lawmaking idea and offers solutions. For example, the decisions of the Constitutional Court of the Russian Federation as an idea and lawmaking targeting are the first stage of the lawmaking process on the stage of legislative initiative. 
Valiev R.G. - On the Corruptogenic Status of Law-Enforcement Discretionary Powers pp. 1-10

DOI:
10.25136/2409-7136.2018.12.28460

Abstract: The subject of the research is the adequacy of such markers of corruptogenic discretionary powers as the scope and definition of competence based on the 'be eligible for' formula established by the Guidlines on Anti-Corruption Expertise of Legal Acts and Draft Laws'. The use of the aforesaid markers in the expert activity creates a problem because expert's statement must designate the kind of way to eliminate corruptogenic factors that, in fact, must eliminate the possibility of actions of an actor. This creates the need to clarify the status of law-enforcement discretionary powers in terms of their legal nature. The methodological basis of the research is the formal law method and technical legal approach to the analysis of legal acts that underline the legal institutionalization of the anti-corruption expertise. The method of expert's statement modelling has proved to be useful for this research, too. The aforesaid research methodology has allowed receive the following research results. As part of the analysis of the legal nature of law-enforcement practice, the author has discovered the contradiction between the legal institutionalization of the corruptogenic status iof discretionary powers and their legal nature. In the course of the research the author has discovered patterns of the legal institutionalization of law enforcement discretionary powers and has found out that their legal nature is immanent to the essence of law enforcement practice. The researcher has also proved that such markers of the scope of discretionary powers as the absence and uncertainty of conditions or grounds for the enforcement decision-making process just as the definition of the competence based on the 'be eligible for ' formula do not fully relieve from corruption potential. The patterns described by the researcher raise questions about the absolute priority being given to the corruptogenic status of discretionary powers. To improve anti-corruption measures in the law-enforcement practice, the author underlines that it would be useful to shift the emphasis towards optimization of their application procedures. 
Belikova K.M. - National Legal Peculiarities of Investment Implementation in the Economy of Russia, South Korea and Japan pp. 1-9

DOI:
10.25136/2409-7136.2019.2.29011

Abstract: In her article Belikova outlines issues that may arise in the process of attracting investments from South Korea and Japan into Russia and vice versa from the point of view of cultural research, practice and law (a number of key Russian, South Korean and Japanese legal acts) and providing that particular investment cooperation between Russia and South Korea or Russia and Japan implies capital investments in production and infrastructure facilities including facilities that extract and market energy resources (oil, gas and energy generated in the territory of the Russian Federation). In her research Belikova has used such research methods as general dialectical method, historical method and comparative law analysis. In addition, the author bases her research on subjective-objective predetermined outcome of processes and phenomena and their complementary dependence. The novelty of the research is caused by the fact that Belikova analyzes legal capacities and economic interests of these countries towards mutual investments as well as political, legal and cultural peculiarities of investment into Russian production and infrastructure facilities, in particular, restrictions for foreign investors and some political, legal and cultural peculiarities of investment (participation) of Russian investors in South Korean and Japanese enterprises and investment issues that may arise. At the end of the research Belikova concludes that all aforesaid parties of investment cooperation have much to work on in order to make investment conditions clearer for counter-agents.   
Moiseeva O.V. - The Structure of Law Enforcement Process as Part of Notariat's Human Rights Activities pp. 1-12

DOI:
10.25136/2409-7136.2019.3.29171

Abstract: The matter under research is the material and procedural contents of law enforcement process as part of notariat's human rights activities. The research object is the social relations that arise in the process of organization and conduction of law enforcement process through  notarial actions, ensure legality of civil circulation and perform law enforcement and protection functions in legal regulation of social relations. The author of the article examines such aspects of the topic as structural elements of law enforcement process, peculiarities of their interaction as part of stages of notary law enforcement process. Special attention is paid to the description of particular structural elements of law enforcement process as part of notariat's law enforcement activity. The research methodology includes a set of general and special research methods allowing an integral view of the matter. The main conclusions of the research are that law enforcement process is the core of the legal concept of notariat's law enforcement practice, and law enforcement process is a combination of legally fixed notary procedures required for performance of notary actions. The author's special contribution to the topic is the definition of 'law enforcement notary process' as well as a new review of structural elements. The novelty of the research is caused by the fact that the author gives her own definition and develops her own concept of notariat's law enforcemewnt process as well as describes peculiar elements thereof. 
Belikova K.M. - Legal Regulation of Production, Spread, and Implementation of Scientific Information and Innovations in the BRICS countires on the example of the RSA (Some Aspects of Intellectual Rights Protection) pp. 1-17

DOI:
10.25136/2409-7136.2019.5.29541

Abstract: The article observes the issue of legal regulation of the production, spread, and implementation of scientific information (including the technical one) in the context of the protection of intellectual rights in one of the BRICS countries - the RSA. The article analyzes a number of laws in this sphere (the Law no 51 of 2008 On the Right of Intellectual Ownership of Researches and Inventions Financed by the Government (rev. 2014), Law no 98 1978 On the Author's Right (rev. 2008)), acts and documents of a strategic character (for example, the SA National Development Plan till 2030) and others). The study presents the main idea of one of the key precedents in the sphere of scientific (patent) information development in the RSA. The author forms the institutional structure aimed at science development, accumulation, as well as the spread and protection of scientific information and innovation development. Also, she gives the functionality of a number of elements of such a structure. In the course of the research, the author has implied such methods of scientific knowledge as general scientific, dialectical, and historical methods, as well as a method of rather-legal analysis. The author relies on the subjective-objective orientation of the processes and phenomena. The novelty of the study is due to the complex research of the RSA approaches to legal regulation of the issues of production, spread, and implementation of scientific information and innovation from the perspective of the right of intellectual ownership. The article concludes that the development of science and technology and the aiming at building a state of innovative type in the RSA continues. However, the RSA faces the frets (for example, the reduction (migration) of human capital, lacking financing of science, optimization of Higher Education, etc.) which can affect the success of the conducted politics in this sphere. 
Belikova K.M. - Scientific Information in the Sphere of Intellectual Rights Protection in India: Legal Regulation (BRICS' Point of View) pp. 1-19

DOI:
10.25136/2409-7136.2019.4.29576

Abstract: The article is devoted to legal regulation of scientific information in India as one of the BRICS countries from the point of view of intellectual rights protection. Belikova analyzes a number of associated laws ('On Authorship Right' of 1957 (rev. 2001) and 'Right to Information' of 2005), strategic acts and documents (for example, 'Technological and Innovation Policy' of 2013 and others). Based on the results of her analysis, the author describes the main point of one of the key precedents of patent information development in India and outlines the institutional structure aimed at the development of science, accumulation, distribution and protection of scientific information and development of innovations. The researcher also describes the functional of a number of elements of the aforesaid structure. She describes Indian achievements and findinds in science and technology and analyzes their future prospects. Belikova has applied such research emthods as general dialectical analysis, historical and comparative law analysis. The author bases her research on the idea of subjective-objective predetermination of processes and phenomena. The novelty of the research is caused by the fact that the author carries out an integral analysis of the legal provisions about intellectual property and information laws issued by Indian government to regulate issues that may arise in the production, distribution and implementation of scientific information and innovations. At the end of the article the researcher concludes that India has a well-developed infrastructure for scientific and technical research and Indian government is concerned with legally fixing R&D goals in legal acts of general nature as well as tries to reduce the state financing of R&D and the share of the government's participation in them amid current problems in this sphere (with the recruitment rate, etc.)
Damm I.A., Ron'zhina O.V., Akunchenko E.A., Volkova M.A., Sukhareva K.S., Kostrykina V.V., Fedorova M.A. - Informative Openness of Municipal Rule-Making as an Indicator of Anti-Corruption Transparency (the Case Study of the Krasnoyarsk Region) pp. 1-16

DOI:
10.25136/2409-7136.2019.7.30358

Abstract: The matter under research is openness and availability of information about the law-making process of local authorities based on the example of municipal units of the Krasnoyarsk Region.  By applying the continuous reading method, the authors of the article have carried out monitoring of availability and contents of official web sites provided by 88 municipal units (44 municipal regions, 17 urban districts and 27 municipal settlements). Within the framework of the research, the authors have discovered a number of criteria that may be used to evaluate accessibility and onveniency of using these sites for legal information inquiries. The results of the analysis demonstrate that there is access to information about municipal legal acts posted on official sites of local authorities. In the course of their research the authors have applied dialectical analysis method as well as a number of private research methods such as structured systems, formal law methods (deduction, induction, definition and division of definition), statistical observations, summary, groupping and oethers. As a result of the research, the authors have defined qualitative and quantitative indicators of openness and availability of information about rule-making processes of local authorities. They have also described gaps and defects of the process of posting such information that violate the anti-corruption principle of publicity and openness of local authorities' activities. The authors make conclusions aimed at execution of citizens' constitutional right to information about activity of local authorities. 
Gulemin A.N. - Legal Regulation of the Use of Information Technologies in International Economic Activity pp. 1-12

DOI:
10.25136/2409-7136.2023.1.39575

EDN: LMBEGO

Abstract: The object of the study is public relations regarding the formation of the digital economy at the national and global levels. The author identifies the most urgent, in his opinion, problems requiring legal regulation in the conditions of the use of new information technologies in economic activity. The issues of international scientific and technical cooperation, the development of ecosystem methods of economic activity, the problems of using information technologies in the format of import substitution are considered. The importance of changing certain conceptual policy documents in connection with the need to transition to the digital economy, the commitment of the Russian Federation to the principles of ensuring compliance with international obligations to ensure international economic activity in the field of high technologies is emphasized. The novelty of the research lies in the fact that the article comprehensively examines the directions of formation of state policy in the field of the use of information technologies in economic activity, considers new ways of conducting it that require changes in legislation and makes proposals for its improvement. As a result of the analysis, the following main conclusions are formulated:1) in conditions of limited access of the Russian Federation to Western information technology markets, it is necessary to form a policy of scientific and technical cooperation of the state, taking into account the support of joint research teams developing practical solutions for business communities; 2) it is necessary to adjust the current legislation for the development of ecosystems as a new direction of economic activity, taking into account the balance of interests of all participants in the field of consumer information processing and the use of information systems that ensure data security; 3) at the regulatory level, it is necessary to ensure the control of import-substituting software, its compliance with both security standards and international standards for information processing; 4) in modern political and legal conditions, it seems necessary for all states to maintain their commitment to the consolidated development of the digital economy and preserve all ways of participating in international lawmaking on the safe use of information technologies in economic activities.
Salikov M.S. - Transformation of the Institution of Public power in modern Russia: advantages and disadvantages pp. 1-14

DOI:
10.25136/2409-7136.2023.12.69271

EDN: SWSVCJ

Abstract: The constitutional regulation of the institution of public authority, taking into account the amendments to the Basic Law in 2020, revealed a number of contradictions with the current legislation adopted subsequently. The levels (international, federal state, regional state and municipal) of the implementation of public power are highlighted and considered, as well as some problems related to both the composition of a unified system of public authorities and the possible negative consequences of the trend of its centralization. The necessity of responding to and including modern technological challenges in the sphere of activity of public authorities is shown. The subject of the study is the institution of public authority, the composition of a unified system of public authorities, legal relations developing within this system, as well as the impact of adopted constitutional amendments and modern challenges (globalization, digitalization, Internet technologies, etc.) on the transformation of the institution in question. The aim of the work is to identify contradictions in the legal regulation of the institution of public power, identify the levels and features of its implementation, and develop proposals to improve the effectiveness of the unified system of public power without prejudice to the institutions of federalism and local government.Material and methods. The study used the current Constitution of the Russian Federation, relevant federal legislation, as well as judicial practice - decisions of the Constitutional Court of the Russian Federation. The general (methods of analysis and synthesis, deduction and induction, system-structural method) and private (formal legal, comparative legal methods, method of generalization of judicial practice) methods of scientific cognition are used. The trend of increasing centralization of public power that has manifested itself at present can be justified to some extent by the current situation associated with unprecedented external pressure and the need for a certain consolidation of society and the state in the person of public authorities. At the same time, the state is called upon to distribute functions between levels of public authority in such a way that the rights of local self-government, as well as the principles of federalism and subsidiarity, which are either directly enshrined in the Basic Law or follow from its content, are strictly respected. The latter assumes the priority right of territorial units of the lowest possible level, with sufficient potential to solve specific tasks, to exercise powers on specific subjects of competence.
Agakishiev E. - Technical Means Applicable During Election and Referendum Voting: Topical Issues and Prospects pp. 8-18

DOI:
10.25136/2409-7136.2019.1.28493

Abstract: The article s devoted to the legal provisions of Russian laws that regulate the order of using technical means during election and referendum voting, in particular, state automated sdystem Vybory, ballot processing machine and e-voting machine. In his research Agakishiev analyzes associated laws and legal precedents of Estonia, Germany, Switzerland and USA and makes suggestions aimed at improvement of applicable Russian laws. The author also discusses prospects for using distant e-voting. The methodological basis of the research is a set of general and special research methods such a dialectical, logical methods, systems analysis, legal comparison, formal law and other methods used both individually and collectively. The legal regulation of the application of technical means to the voting process has been the  matter of attention of such scientists as A. Areshev, M. Vaskov, A. Veshnyakov, E. Gornostaev, L. Ketov, Yu. Klimov, M. Kuryachaya, L. Prihodko, M. Serbin, O. Sundatova, E. Khodina, N. Shubina, T. Shulga-Morskaya and others. Unlike previously published researches, in this research the author carries out a detailed analysis of the legal regulation of all technical means that are used today and may be used in the future. Based on the results of the research, the author describes legal collisions and gaps of the Russian law. Based on the analysis of the experience of the foreign states, the author makes suggestions on how to improve the legal regulation of the matter. 
Ostroushko A.V. - Implementation of International and Foreign Experience in Legal Regulation of Financial Technologies in Russian Legislation pp. 8-24

DOI:
10.25136/2409-7136.2019.8.30604

Abstract: At the present time there is a global understanding that long-term sustainable and safe development of financial technologies requires a proper mechanism of their regulation. In the Russian Federation, creation of such a mechanism is still in process. The object of this research is social relations that arise in the course of creation and use of financial technologies. The subject of the research is the acts adopted at the international level (by The UN and EU)as well as legal acts and provisions of a number of technologically developed foreign states in order to analyze their positive experience that may be used in Russian legal regulation of financial technologies creation and use. Based on the dialectical method, the author has used the comparative analysis of national peculiarities of policy implementation in the sphere of social relations resulting from creation and use of financial technologies. The researcher underlines that even though the government understands the need to create a mechanism of legal regulation of financial tehnologies, there is still a need to develop a single policy in this sphere. Based on the analysis of experience of the foreign states, the author gives recommendations on how to improve Russian institutions of legal regulation of financial technologies. 
Novikova Y.G. - Legal custom and universal practice in the Russian criminal proceedings pp. 9-23

DOI:
10.25136/2409-7136.2021.4.35160

Abstract: The object of this research is the assemblage of social relations arising in the sphere of criminal justice in the course of eliminating legal gaps and contradictions. The subject of this research is the legal custom as one nontraditional sources of law for the Russian criminal proceeding, which is applied in the absence of norms consolidated in the normative legal acts, which are aimed at regulating the corresponding legal relations. Analysis is conducted on the essence of the concept of legal custom, means of formation, classification, and methods of application in criminal proceedings. Special attention is given to the methods of authorization of legal custom by the state, which may entail the recognition of this source of law as independent or transformation into another source of law. The main conclusions that also determine the scientific novelty of this research are as follows. 1. The system of Russia criminal procedure law is characterized by the development processes, which imply the formation and application of such an nontraditional source of law as legal custom. 2. Legal custom represents the rules not prohibited by law for performing procedural actions and making procedural decisions, which are translated into practice through repetition by the of the proceedings in the absence of the enforceable rule of law. 3. According to the method of formation, legal customs in criminal proceedings can be classified into dispositive (based on the voluntary will of the participants) and imperative (formed through tacit administrative influence). 4. Imperative legal customs are the negative phenomena of legal reality and cannot be attributed to the sources of law. 5. Authorization of legal custom as an independent source of law consists in its “tacit” approval by the government authorities. Textual consolidation of legal custom entails its transformation into a new form of law. 6. Universal practice is one of the characteristics of legal custom and a possible means for its legalization.
Babina E.A. - Legislation of the foreign states on remote sensing of Earth with artificial satellites. pp. 10-22

DOI:
10.7256/2305-9699.2014.9.13141

Abstract: The author studies the foreign legislation regarding remote sensing with the use of artificial satellites of Earth.  The author studies the legislation of Australia, South Africa, England, Argentina, Belgium, Brazil, Germany, Spain, Canada, China, Norway, the USA, the Russian Federation, Ukraine, Sweden, France, Chile, Japan in this sphere. The author draws a conclusion that this legislation is rather scarse, and that laws and other normative acts are adopted only in some cases. It is also stated, that such legislation only exists in the states, where state bodies and legal entities are directly involved in this sphere by the type of their activities or they are in other ways interested in studies and use of the space.  The author states that usually the provisions on remote sensing are included into the general legislation on space activities, and sometimes the regulation is indirect, rather it is included within the scope of the civil law relations. The author also states that legislation of the states regarding space activities started to develop or was adopted after it turned out that these activities are undergoing the transition from the sphere of international military tension to the sphere of commercially profitable entrepreneurship, and a special branch of international space law is now forming, which is international space private law.
Nikitina A. - Constitutional Legal Disputes: Definition, Features, and Criteria for Differentiating them from other Kinds of Public Legal Disputes pp. 10-19

DOI:
10.25136/2409-7136.2018.9.27020

Abstract: The subject of the research is constitutional and legal disputes as a unique phenomenon of modern constitutional law. The author of the article provides characteristics of the subject, method, subject composition, objects and sources of constitutional and legal regulation. Insufficient research into the nature and specificity of legal disputes arising from constitutional legal relations has a negative impact on the legislation and judicial practice of their resolution. The purpose of the study is to identify features of constitutional legal dispute distinguishing it from other kinds of public law disputes which will allow to formulate its definition. The study is based on traditional methods of research such as analysis, synthesis, deduction, induction, system-structural and formal-legal methods, the use of which is predetermined by the subject and purpose of the research article. The author concludes that the specifics of the constitutional legal dispute is predetermined by its subject composition, subject and basis of its origin. Constitutional legal dispute is defined as subject to resolution in a procedural form established by law, constitutional-legal entities disagree about the assessment of compliance with the constitutional legal norms of acts, actions (inaction) of one of the parties to the dispute, violating constitutional rights, freedoms or competence of the other party to the dispute and (or) constitutionally protected public interests.
Egorov S. - Integrity of the new System of scientific Attestation (on the example of academic degree attributes) pp. 11-23

DOI:
10.25136/2409-7136.2023.4.38621

EDN: WBVIPX

Abstract: The article is devoted to the consideration of the issue of regulatory and legal mechanisms for ensuring the integrity of the Russian system of scientific certification. Due to the growing variety of forms and rules of dissertation defense in dissertation councils of various organizations, the question of whether the modern system is capable of providing equal rights and opportunities for all applicants for academic degrees becomes relevant. To find answers to this question, the study identified three subsystems formed by dissertation councils under the direct supervision of the Higher Attestation Commission, leading educational and scientific organizations, as well as spiritual educational organizations. In order to consider the specifics of each of the groups, a comparative analysis of regulatory and legal acts regulating the awarding of academic degrees and their subsequent use was carried out. The conducted study revealed that with visible integrity, the overall certification system is quite heterogeneous. Firstly, academic degrees in various subsystems have different naming options, which creates a problem of their comparison. Secondly, with the same name, the conditions for awarding may differ significantly, which leads to inequality of applicants. Thirdly, if the conditions of certification are equal, holders of academic degrees receive rights and opportunities in different amounts. The identified problematic aspects require clarification at the level of federal legislation.
Babin B. - Proprietary right of peoples: international and national dimensions pp. 12-34

DOI:
10.7256/2305-9699.2013.10.9469

Abstract: The goal of this article is to define international legal contents of the proprietary right of peoples and to find mechanisms for improvement of relevant national and international institutions. These goals may be achieved thanks to critical and comparative analysis of  legal sources, as well as the doctrines. It is being proven that international law recognizes the possibility for the proprietary rights of the peoples, as collective public rights, having both public and private law implementation mechanisms. Then, it does not provide the criteria for distinguishing state (and other public) property from the property of the people.  Such a right is being recognized in the national systems through political and legal declaration, and its correlation with the generally accepted system of distinguishing between public (state) and private property is weak.  Understanding the violations of the natural rights of nations by making all public resources belong to the state, the law-makers search for various compromises, and most of such compromises are not practically proven to be efficient.   In the opinion of the author  property of the people should apply to any public resources, having no individual owner or beneficiary, and being valuable for the implementation of collective rights of the people. It is established, that implementation of the right of the people to own, use and dispose of such property should be implemented by it directly, and the public government is only empowered to form the mechanisms for such implementation, but not to gain profit from it. It is also stated, that the public government may not make property of the people become state, municipal or private property without due expression of will and efficient compensations. The people also do not bear the risks of private economy and state administration activities, including the foreign debt of the state.  
Dondokov Z.D. - Civil legal personality of Local Self-government bodies pp. 12-21

DOI:
10.25136/2409-7136.2022.6.38292

EDN: HMCIEG

Abstract: The article is aimed at revealing the problem of participation of local selfgovernment bodies with the legal status of legal entities - institutions in civil legal relations, as well as at identifying ways to resolve it. At the practical level, the problem is expressed in the uncertainty in which cases local self-government bodies act in civil circulation on their own behalf, and in which cases on behalf of the entire municipality. Certain gaps in civil legislation today allow municipalities to create legal entities not only to establish the legal status of their bodies, but even to separate divisions of such a body. At the theoretical level, the problem is expressed in the choice of the optimal and most effective model of participation of the municipality through its bodies in civil legal relations and management of municipal property. Applying the formal legal method from the standpoint of a dialectical approach, the author examines the raised problem from the point of view of the applicability of the institution's design to local self-government bodies. As a result of his reflections, he comes to the conclusion that local self-government bodies are an integral part of a municipality, and therefore cannot be separated from it by putting on the mask of a legal entity. To do this, the author proposes to amend the civil legislation in terms of limiting the spheres of establishment of institutions to the social and cultural sphere, excluding the sphere of management from Article 123.22 of the Civil Code of the Russian Federation.
Parfenov A. - The review of the foreign legislation in the sphere of language testing for the purpose of foreign citizens integration into the receiving society pp. 13-40

DOI:
10.7256/2409-7136.2016.9.20075

Abstract: The paper considers the issues of language and sociocultural integration of migrants in different European countries. The author analyzes the legal provisions concerning the compulsory linguistic integrational tests for the majority of migrants coming to the receiving country, and the minimum requirements to the level of communication skills of foreign citizens and stateless persons applying for any legal status. The author demonstrates the unified classification of formalized requirements to the command of the official language and the sociocultural background of the receiving society depending on the migration goals. The author reviews the legislative bases of nine European countries: Austria, Great Britain, Germany, Spain, Italy, the Netherlands, Finland, France and the Czech Republic, and concludes that in various situations in all the countries under consideration a foreigner should confirm the command of the national language and sometimes the cultural background of the receiving country. Consequently, the development of the modern Russian legislation concerning compulsory language tests and the knowledge of the history of Russia is in line with the European migration policy trend. The results of the study can be used for a further detailed consideration of the mechanism of legal regulation of social relations dealing with Russian as a foreign language. 
Astakhova M.A. - Regulatory Environment of Green Entrepreneurship in Modern Russia: Concept, Structure, State pp. 13-30

DOI:
10.25136/2409-7136.2022.10.38799

EDN: HWTPMS

Abstract: The category "green" entrepreneurship in recent years has been the subject of active research interest from different angles, including in the context of legal regulation. The purpose of this article is to determine the concept, structure and state of the current regulatory environment of "green" entrepreneurship that has formed in the Russian Federation to date. The achievement of the stated goal is ensured by analyzing the totality of regulatory and other sources through the prism of the formal concept of "regulatory environment" contained in the National Standard of the Russian Federation GOST R ISO 15489-1-2007 "System of Standards for Information, Library and Publishing. Document management. General requirements. " The empirical basis of the study is represented by domestic and foreign doctrinal sources, current regulatory acts of the Russian Federation of various legal force and functional purpose. The novelty of the study is determined by the perspective of setting the research question. As it was established, none of the existing studies set as the main goal the identification of the concept, structure and state of the current regulatory environment of "green" entrepreneurship in the Russian Federation. In addition, in support of the fact of novelty is the creative personality of the author. The main conclusion is that the modern Russian regulatory environment of "green" entrepreneurship is a set of regulations, standards, rules of recommendation nature, voluntarily applied ethical codes and norms that to one degree or another affect various aspects of "green" entrepreneurship
Gorokhova S.S. - Using the trust management mechanism as a way to prevent conflicts of interest in the public service: the US experience pp. 14-31

DOI:
10.25136/2409-7136.2022.7.38520

EDN: CKLYRT

Abstract: The subject of the study is the legislative and law enforcement experience of the United States in the field of using special types of trust management of property of civil servants and officials as a tool to overcome conflicts of interest in the public service. The relevance of this study is confirmed by the fact that the United States, one of the few states that uses this tool, as well as the Russian Federation. However, in our country, the legal regulation of this institution is still not perfect enough, therefore, it is important enough to study the experience of those states where there is such a practice. The work was prepared as part of the state assignment to the Financial University under the Government of the Russian Federation for 2022. The scientific novelty of the research is determined by the fact that currently there are practically no works containing an analysis of the institute in question. In the course of the study, the following conclusions were made.The most developed, from the point of view of the legal regulation of the institution of trust management of the property of civil servants, is the legal regulation in the USA, where, in addition to the legislative consolidation of the very possibility of placing their assets in a trust (as an alternative to sale), there are detailed administrative regulations for the actions of employees, including, among other things, developed forms forms of documents for each stage of the procedure. For Russian legislation, a detailed regulation of the actions of civil servants in the situation with the transfer of property to trust management also seems very reasonable, since the current reference to the norms of civil legislation obviously does not satisfy the necessary regulatory need, which leads to significant difficulties in law enforcement.
Zolotareva A.B. - Risks of Transition to a Market Placement of the State Order for Social Services pp. 17-26

DOI:
10.25136/2409-7136.2018.2.21562

Abstract: The article is devoted to the analysis of the development of the laws on funding the state order for social services over the last 10 years as well as planned reforms in this sphere. The author of the article demonstrates the current transfer from estimate financing of state and municipal organizations to paying for their services based on normative funding serves the purpose of transfer to the market placement of the state (municipal) order for social services. In her article Zolotareva applies traditional law methods such as comparative law analysis as well as logical analysis. Based on the results of her research, the author concludes that curent and planned changes in funding social services provoke certain risks including risks of uncontrolled reduction of the budget, property of state organizations and reduction of the quality of social services. To reduce these risks, the author believes it is necessary to completely review the concept of the reform and to refuse from a number of measures. 
Abramov S.G. - Public Regulation of Commodity, Financial, and Insurance Markets to Prevent the Failure: Incompleteness and Asymmetry of Information pp. 18-28

DOI:
10.25136/2409-7136.2019.5.29706

Abstract: The object of the study is the relations emerging in the markets while conducting business by legal entities. The subject of the study is the questions relating to the evidence of public regulation of entrepreneurial activity in the markets, which is essential due to their eventual failure. The article examines the legal provisions of national and foreign legal systems, projects of regulatory legal acts, the judicial practice, scientific studies addressing the economic and legal issues of failure due to the incompleteness and asymmetry of information in the commodity, finance, and insurance markets. The research aims to distinguish the theoretical foundation for conducting a public policy by governments of various countries. The author applies the general scientific methods of research to solve the problems: the analysis of the context, the extrapolation, the systematization and generalization of methods. Also, he uses special legal methods: the formal-legal method, the method of law interpretation (systemic, logical), the legal modeling, as well as the legal forecast. That methodology allowed conducting the interdisciplinary research and framing the conclusions aiming at solving juridical issues in business. The novelty of the study is due to the fact that the conducting of public policy is proved by the approaches developed within the economic theory. In the course of the research, new data were obtained within the framework of the study of contract (responsibilities) theory, which can be used in civil and business law. The article analyses the theory of socially dangerous and harmful acts within the framework of liability theory. The study describes the tendencies of regulations development in civil and business law. Also, it develops a theory of juridical liability. The article examines the issues of contractual and noncontractual liability when conducting business. The study concludes that it is essential to amend the laws, to bring them in line with the theoretical principles of civil law. 
Krotov A.V. - Constitutional and Political crisis in Israel: Revision of the idea of a national Jewish State pp. 18-39

DOI:
10.25136/2409-7136.2023.9.40881

EDN: XJUNZM

Abstract: In modern states, the process of "ideological search" has the property of permanence, while the activation of such a process, as a rule, is one of the symptoms of the constitutional and political crisis in the sphere of state-building. In newly formed states, the process of forming state ideology is becoming particularly relevant, which is due to the need to establish the state as a special political institution, determine the goals of its existence, ensure stable development, and form a national legal system. The article examines the reasons for the activation of the processes of "ideological search" in the state of Israel, their relationship with the national constitutional and political crisis of 2023, analyzes the prospects for the development of the state of Israel as a national Jewish state. The use of a systematic, functional, historical research method, the study of the scientific works of P. A. Astafichev, A.V. Polyakov, B. S. Ebzeev, F. Hayek, S. Huntington, P. Anderson and other authors, allowed to formulate the author's interpretation of a number of terms: national ideology; constitutional ideology; state ideology; ideology of the ruling group. The author hypothesizes the following reasons for the constitutional and political crisis in the State of Israel: 1. an unsuccessful attempt to combine two opposites, liberal democratic values of the Western world with archaic provisions of Judaism; 2. the presence of the Lapierre paradox. The attitudes of ethnocentrism, actively imposed by the state authorities and based on references to the common history (of Jews), religious rituals of Judaism, do not correspond to the real behavior of the population of the country, its values, needs and interests, are in contradiction with the constitutional and national ideology; 3) the crisis of the idea of the nation-state. It is proposed to single out as the ideological functions of the state: guaranteeing ideological freedom; ensuring the implementation of national and constitutional ideology; prohibiting the extreme form of ideology that affects the "viability" of the state, changing its most essential features. In conclusion, the author's vision of the vector of evolution of national states is also presented.
Zolotareva A.B. - Is the present system of procurement centralization rational? pp. 19-41

DOI:
10.7256/2409-7136.2015.12.1732

Abstract: As compared with the previous legislation, the Federal law "On the contract system in procurement of goods, works, and services for the state and municipal needs" expands the regulation of procurement centralization. Russia's regions and municipalities retain the freedom of choice of the model of centralization: from preserving customers' authorities to select the supplier, to delegating all such authorities to the special government body; with regard to state agencies, the centralization of other procurement functions is allowed. The article contains the analysis of models of centralization, applied in Russian regions, and their comparison with the approaches to the centralization of procurement in the developed countries. The author applies traditional legal methods of comparative legal analysis and the systems analysis. In the result of the analysis, the author comes to the conclusion that the existing degree of procurement centralization is excessive and inefficient, and proposes the improvement of legislation on centralization for solving the revealed problems. 
Pibaev I.A. - The formation of a temporal state in Russia in the 19th the 21st centuries: historical and theoretical aspect pp. 20-47

DOI:
10.7256/2409-7136.2015.8.15680

Abstract: The article considers the main stages of formation of the Russian Federation as a temporal state. The article presents a historical and legal review of development of secularity in Russia in the historical periods starting from 1701 till the present time. The author notes that the Constitutions of the USSR and the Russian Soviet Federative Socialist Republic didn’t legitimate a temporal state as a characteristic of social order. For the first time this term occurred in the 1993 Constitution of the Russian Federation (though the USSR Law 1689-1 “On Freedom of Conscience and Religious Organisations” of October 1, 1990 and the Law 267-1 “On Freedom of Religion” used the term “secularity” when describing the state system of education). The author applies the following methods: the specifically-historical method, the comparative-legal, the formal-juridical and the political-legal methods. Normative acts of the Soviet period didn’t use the term “secularity” but formally legalized the temporal character of the state. At the same time, in reality the state was atheistic and in particular periods of history took tough repressive measures against religious organisations (1917 – 1920 – the first shootings of the clergy and the mass robberies of churches, 1921-1923 – confiscation of church values, 1929 – 1931 – dispossession of the kulaks, 1937 – 1938 – mass terror, 1958 – 1964 – the Khrushchev’s anti-religious campaign). 
Goncharov V.V. - On the Relationship Between Social Control and Other Forms of Power Control (Constitutional Law Analysis) pp. 20-29

DOI:
10.25136/2409-7136.2018.9.27191

Abstract: This article is devoted to the study of the concept of public control of power in comparison with the concepts of social control of power, civil control of power, people's control of power, state control of power (both in the part that can be considered public control of power and in the part that is the self-control of the state internal control of power). The author explores the concepts of social control of power, civil control of power, people's control of power, state control of power, and also gives his own definitions thereof. He uses the following research methods: comparative law; historical; formal logical; statistical analysis and sociological survey. The paper analyzes and compares the main features of the concept of public control of power and gives his own definition thereof. The author also notes that public control of the authorities acts as the only external independent positive form of control over the powers of state and local government bodies as well as other entities that have delegated public authorities and competences. 
Trofimov E.V. - The reward work and reward law in the system of legal regulation pp. 24-89
Abstract: The article deals with the legal aspects of the reward work in the Russian Federation. The author comes to the conclusion that the legal heterogeneity of the reward work. Informal awards releases serve as reflections of constitutional freedom of conscience and speech of individuals, and the official awards reflect public authority. The reward work includes the basic unit of public relations regarding establishment of awards and rewarding and another unit concerns guarantees for rewarding and honored persons. The establishment of formal awards and rewarding are governed by award law. It is characterized by the unity of the subject, the method and the principles of legal regulation, and it is regarded as a part of the administrative law. Administrative nature of reward law is determined by the benefit features of awards.
Logvinova I.V. - On the issue of constitutional legal responsibility pp. 24-33

DOI:
10.7256/2409-7136.2016.5.18947

Abstract: The research subject is the formation of the institution of constitutional legal responsibility in the Russian Federation. The research object covers not only legal relations, but also the political and ethical resources, which are currently influencing and can influence in future the effectiveness of measures of constitutional legal responsibility. The paper considers the topical issues of correlation of constitutional legal responsibility and political and ethical responsibility; of the inclusion of new constitutional legal sanctions in the Russian legislation; of the practice of their application in the context of development of discretionary powers of the head of the state. The author applies the positivist and technical approaches to distinguish between constitutional legal responsibility and other phenomena of a nonlegal nature. The axiological approach is used for outlining the capacities of the balance of legal and ethical norms within the context of the problem of constitutional legal responsibility. The novelty of the study consists in the analysis of the topical constitutional practices in the field of constitutional legal responsibility. The author offers to legitimize such a constitutional legal measure as a reprimand of a regional high official by the head of the state; to make the oath compulsory for state officials; to consider the recall of the regional highest official by the electorate as a form of constitutional legal responsibility. 
Anisimova E.A. - Referendum legislative process of the subjects of the Russian Federation pp. 25-33

DOI:
10.25136/2409-7136.2022.4.37715

Abstract: The subject of the study is the theory and practice of implementing the legislative process of Russian regions through the referendum procedure. The object of the study was public relations regulated by acts on holding regional referendums on the adoption of laws. The author examines in detail such aspects of the topic as the legal regulation of the referendum legislative process, the advantages and disadvantages of the institute, provides an overview of the practice of holding referendums in a number of Russian regions. Special attention is paid to the possibility of implementing the people's legislative initiative in the referendum process of the Russian regions. It is noted that the phenomenon under study depends on the political alignment of forces in a particular subject of the Russian Federation. The scientific novelty of the study lies in the fact that the consideration of the referendum as an alternative legislative mechanism of the subjects of the Russian Federation was not carried out in Russian constitutional law. The findings of the study also have a scientific novelty. The main conclusions are as follows: the referendum legislative process at the level of the regions of Russia is a convenient tool for attracting citizens to lawmaking and, as a result, improving the quality of civil society and the rule of law. A special contribution of the author to the study of the topic can be considered the analysis of the practice of regional referendums, in addition, the author has attempted to assess the strengths and weaknesses of such a variant of the legislative process.
Belikova K.M. - Protection of Scientific Information in China from the Point of View of Intellectual Property Laws (the Case Study of the BRICS States) pp. 26-46

DOI:
10.25136/2409-7136.2019.6.30115

Abstract: The matter under the research is the peculiarities of procedural (criminal, civil, administrative and other) means of protection of scientific information in China as a BRICS state. Belikova analyzes the matter under research from the point of view of intellectual property laws (On Author's Right of 1990 (rev. 2010), On Patent Right of 1984 (rev. 2008)), law court regulations (Organisation of People's Court of 1979 (rev. 2006 and 2018), criminal and civil law and process regulations (for example, Civil Procedure Code of 1991 (rev. 2007 and 2013), Criminal Procedure Code of 1979 (rev. 1996 and 2012) and Criminal Code of 1979 (rev. 1997) as well as other laws (for example, Law on Protection of State Information of 1988 (rev. 2010) and others. In her research Belikova has used such research methods as geneal dialectical, historical, comprative law analysis. The author bases her research on the idea of subjective-objective predetermination of processes and phenomena. One of the conclusions made by the researcher is that despite being greatly criticized, China's intellectual property laws offer a wide range of measures and opportunities for an individual whose rights have been violated to apply measures that are best suited for the situation. This range of measures is similar to that offered by other BRICS states. 
Naryshkina S.Y. - Possible ways to improve the institution of conciliation procedures in civil proceedings pp. 28-35

DOI:
10.25136/2409-7136.2023.6.40956

EDN: FDMRGU

Abstract: The subject of the research in this article is the norms of procedural law that characterize such a special segment of relations within the framework of domestic civil proceedings as the institution of conciliation procedures. The author in the article analyzes the legislative provisions that formulate the construction of the concept of conciliation procedures, speaking about its legislative "defects". The problem is also aggravated by the lack of unity of views on its explanation in the scientific community, which necessitates a separate study focusing exclusively on the definitive apparatus. The problematic field of Russian legislation is also the diversity of types of conciliation procedures, as well as the specifics of their implementation in the activities of subjects of disputed legal relations in the context of the legal conflict that has arisen, to which the author pays special attention in view of their multifaceted significance and role in judicial practical application, defining such basic legal parameters as "alternative dispute resolution", mediation, settlement agreement, judicial reconciliation, etc. To conduct the research, the author used a methodology that includes an analytical review of the normative legal and scientific literature on the subject of research, synthesis and generalization of the collected data, the formation of optimal parameters for the application of the model of conciliation procedures in civil and arbitration proceedings. The result of the work done was the original author's proposals and recommendations of the legislative "revision" of procedural legislation, forming innovations in law. In particular, in the form of draft articles, an updated definition of conciliation procedures is proposed, their characteristic features are highlighted, their functional significance is determined, their specific types are isolated. The author's vision of the updated Strategy of applying the institute of conciliation procedures in the realities of Russian legal relations is formulated. In their entirety, the components of the novelty of the article.
Bekova R. - Features of the constitutional and legal regulation of the linguistic rights of national minorities in the Russian Federation pp. 33-42

DOI:
10.25136/2409-7136.2022.2.37389

Abstract: The object of the research in the framework of the article was the social relations developing in the sphere of the realization of the linguistic rights of representatives of national minorities in the Russian Federation. The subject was the provisions of the Constitution, which enshrines the legal regime for the implementation and protection of the linguistic rights of representatives of national minorities. As an additional subject for analysis, the provisions of individual federal laws that are in connection with the constitutional and legal regulation of the linguistic rights of national minorities were used. Special attention was paid to the problems of correlation and differentiation of the languages of the peoples of Russia. Some problems of differentiation of subjects of competence between the Russian Federation and the subjects of the Russian Federation were also identified. The main conclusions formulated based on the results of the analysis were the following: The provisions of the Constitution of the Russian Federation in the relevant sphere are represented by two large blocks of norms, one of which is located in Chapter 2, and the second in Chapter 3. At the same time, the provisions of Chapter 2 of the Constitution establish common language rights and state guarantees in the sphere of their free exercise. These rights are universal and belong to all citizens regardless of their nationality. The key features of the constitutional and legal regulation of the linguistic rights of national minorities are concentrated in Chapter 3 of the Constitution, which establishes the duties of public authorities in the field of protecting the linguistic rights of national minorities, as well as establishes the possibility of giving official status to languages at the level of national republics that are part of the Russian Federation and guarantees the protection of the languages of all peoples of Russia. The study revealed a problem consisting in the fact that certain uncertainties and contradictions occur in the relevant provisions of the Constitution, which negatively affect the degree of protection of the linguistic rights of national minorities. Proposals to eliminate such problems predetermined the scientific novelty of this study.
Shchuplenkov O.V., Shchuplenkov N.O. - Constitutional bases for the freedom of information in Russia pp. 35-92

DOI:
10.7256/2305-9699.2013.10.9617

Abstract: In this article the author analyze the causes, preventing the implementation of priority social, economic and political goals in achieving the democratic state. They discuss their elements, regarding legal causes as legal norms failing to meet systemic requirements; social causes as including conflicts between neo-liberal reforms and social views of the Russians; spiritual and educational causes including low legal culture, lack of even elementary legal education, organizational causes including unsatisfactory control of the state over implementation of the existing and newly issued legal acts. Finally, the authors consider that the unsolved legal conflicts become one of the forms of legal contradiction, undermining the bases for the sustainable development.  Consequently, establishing the socially important information, establishing its key elements and role may be achieved by combination of general scientific data of information, and social information, first of all, together with the special legal notions on this type of information, as provided for mostly in legal definitions, lists of generally accessible information, legislative acts and other legal forms.  
Kireeva A.V., Shatalov S.S. - Public accounting: a promising direction of development of a system of public control in Russia pp. 35-45

DOI:
10.25136/2409-7136.2017.11.22705

Abstract: The research subject is the set of instruments used to provide public participation in public management and control. The authors show that a range of such instruments — including “public control”, estimation of regulating and actual impact and various types of public examination: independent anti-corruption examination, public discussion, opinion of the Expert Board under the Government of the Russian Federation — has been formed during the administrative reform. However, their potential is not being fully realized. Among other things because of the fact that most of them are not intended to involve public participation. The research methodology is based on the works of V.M. Komarov, P.N. Pavlov, Ya.I. Kuz’minov, A.B. Zhulin, A.A. Voloshinskaya, E.V. Talapina and others. The authors use the methods of interpretation and modeling, statistical, formal-logical, comparative-legal and other methods. The authors prove that Russian institutions, guaranteeing public participation in public management and control, don’t include the institution, widely used in some countries, - the institution of public accounting, which allows influencing the process of planning audit, performed by the government bodies, via the collective petitions mechanism. The practice of using “public audit” is illustrated by the experience of the Republic of Korea. 
Gavrilov V.N., Kovaleva R.V., Denisultanov I.S. - Patenting in medical sphere pp. 36-43

DOI:
10.25136/2409-7136.2021.2.35035

Abstract: This article is dedicated to examination of patenting in one of the crucial spheres of life – medicine. Currently, the majority of countries, including Russia, send multiple patent requests for inventions that are important for restoration and support of human health. In compliance with the Decree of the President of the Russian Federation until 2024, it is planned that with regards of the number of patent applications for inventions Russia should shift to the fifth place worldwide. The subject of this research is the analysis of patent activity of inventors in medical sphere on the example of spinal neurosurgery. The history of patenting of the developments in medical sector in Russia is explored. The statistical data on patent applications from such countries as China, United States, Japan and South Korea is examined. The main goal of this work is to emphasize the importance of the developments in this sphere. The conclusion is made that Russian inventors can hold leading positions in the international market, but this requires giving due attention to patent legal protection of the inventions, as well as developing a set of measures that in one way or another would contribute to the export of inventions, copyright protection, and stimulation of their activity.
Vinokurov V.A. - The Central Bank of the Russian Federation and human rights in Russia pp. 36-47

DOI:
10.25136/2409-7136.2023.6.40960

EDN: FDRGOQ

Abstract: In the article, based on the norms of the Constitution of the Russian Federation and the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", the legal position of the Bank of Russia is considered and the author's definition of this organization formed by the state is proposed. As a result of the analysis of these regulatory legal acts, it was established that the acts of the Bank of Russia restricting the rights and freedoms of a person and citizen in the Russian Federation regarding the use of their property are issued in violation of constitutional norms and the norms of the federal law regulating its activities. It is revealed that in the Russian Federation there is no state body that monitors (supervises) the observance by the Central Bank of the Russian Federation of human and civil rights and freedoms. In conclusion, in order to correct the current situation, which allows the Bank of Russia to make decisions that illegally restrict the rights and freedoms of a person and citizen in the Russian Federation, proposals for changing the legislation are formulated. The novelty of the presented research consists in an attempt to determine the organizational and legal form of the Central Bank of the Russian Federation, based on legislative norms that are not taken into account by other authors, as well as to determine the legality of decisions taken by the Bank of Russia that restrict the rights and freedoms of man and citizen in the Russian Federation
Kabanov P.A. - Anti-corruption powers of the Heads of the constituent entities of the Russian Federation: issues of legal regulation pp. 39-73

DOI:
10.7256/2409-7136.2016.12.1996

Abstract: The object of the study is the relations on the legal regulation of the powers of senior officials (heads of the highest executive bodies of state power) of the subjects of the Russian Federation in the field of anti-corruption. The purpose of the study is to systematize the powers of senior officials of the subjects of the Russian Federation in the field of combating corruption, provided for by regional anti-corruption and other legislation. Objectives of the conducted research: - analysis of regional legislation and search for norms in it that consolidate the powers of senior officials of the subjects of the Russian Federation in the field of anti-corruption; - description of the content of the powers of senior officials of the subjects of the Russian Federation in the field of anti-corruption reflected in regional legislation; - development of proposals for improving regional legislation in in order to concretize the powers of senior officials of the subjects of the Russian Federation in the field of anti-corruption.The methodological basis of the conducted research is dialectical materialism and general scientific methods of cognition based on it – analysis, synthesis, comparison, extrapolation and others used in the legal sciences. The scientific novelty of the conducted research lies in the fact that for the first time in Russian legal science, based on the analysis of Russian regional legislation, the main powers of senior officials (heads of the highest executive bodies of state power) of the subjects of the Russian Federation in the field of combating corruption are identified and described.
Vronskaya M.V., Gomzyakova E.M. - The Use of Digital Tools in Assessing Intuition as a Means of Making Legally Significant Decisions pp. 40-51

DOI:
10.25136/2409-7136.2022.9.38711

EDN: QTTGZY

Abstract: The subject of the study is to establish the relationship between the cognitive properties of persons authorized to accept legally significant decisions and the results of their activities. The possibility of measuring the instantaneous level of intuitive abilities in representatives of legal professions has been empirically proven. The authors consider in detail the possibilities of using digital tools to create tools that allow quantifying the level of physical intuition in various focus groups. The target audience was employees of the investigative committee, lawyers and civil servants of the supervisory authority. Special attention is paid to the identification of indicators - criteria of intuition, depending on the direction of activity, work experience and gender identity of respondents, determining the result of a legal decision made by the subjects of professional activity. The main conclusion of the authors is the necessity and possibility of developing a program for measuring intuition and testing it among officials who make legally significant decisions, which made it possible to establish the influence of cognitive abilities on the result of this activity, determine the mechanism of intuition, predict the effectiveness of legal decisions. A special contribution of the author to the research of the topic is the development of digital tools (on the example of databases), which forms the basis of empirical testing of theoretical hypotheses that the quantitative measurement of the average level of instant intuitive abilities using digital technologies is important in assessing the adoption of a legally significant decision. The scientific novelty of the research is determined by the lack of scientific and evidentiary developments devoted to the study of intuition and the mechanism of its influence on the subjects of legal activity.
Gorokhova S.S. - Using the Trust Management Mechanism as a Way to Prevent Conflicts of Interest in the Public Service: the Experience of Canada, Chile and Albania pp. 41-57

DOI:
10.25136/2409-7136.2022.8.38600

EDN: WLXSNW

Abstract: The subject of the study is the legislative and law enforcement experience of countries such as Canada, Chile and Albania in the use of different forms of trust management of property of civil servants and officials as a tool to overcome conflicts of interest in the civil service. The relevance of this study is confirmed by the fact that, on an equal footing with the United States, these states are among the few using this tool, as is the Russian Federation. However, the domestic legal regulation of this institution is still not perfect enough, therefore, it is important to study the experience of those states where there is such a practice. The scientific novelty of the research is determined by the fact that at present there are practically no works containing an analysis of the institute in question. In the course of the study, the following conclusion was made: What is common to the legislation of all the countries considered is that each of these states strives, by virtue of its capabilities, to free the actions of the trustee as much as possible from the influence of the founder of the trust management on him, that is, to ensure the independence of the former from the latter on the management of the entrusted property. However, as the researchers note, even in the most advanced and strict variants, it is hardly possible to avoid the interaction of stakeholders completely. Nevertheless, at least formally, all regulations concerning this issue establish a rule according to which the trustee should not be affiliated with the principal through any channels. This can be applied quite easily in Russian legislation.
Lolaeva A.S. - Peculiarities of the activity of public authorities within the framework of the development of e-government system pp. 43-50

DOI:
10.25136/2409-7136.2022.1.37369

Abstract: This article examines the peculiarities of the activity of public authorities within the framework of the development of e-government system. The relevance of the selected topic is substantiated by the fact that the process of implementation of e-government in the Russian Federation should take place in the conditions of formatting the existing system of public administration. This requires the modernization of government bodies, i.e. creation of comprehensive electronic system for interaction of the public and municipal authorities with the population. In essence, the e-government represents the system of defined public legal institutions that ensure regulation for rendering government and municipal services to the population in the online format. The subject of this research is the activity of public authorities and local self-governments in the context of the development of e-government system. The conclusion is formulated that first and foremost e-government should consider the needs of society, as well as observe the rights and freedoms of citizens. Therefore, all communication mechanisms must correspond with the norms of international law, the Constitution of the Russian Federation, and Russian legislation. The process of creating e-government in Russia should be holistic and cover all state structures. E-government system must be unified for the entire Russian Federation.
Volkov V.E. - Legal recognition of artificial intelligence technologies in the context of the constitutional values of the Russian state pp. 51-61

DOI:
10.25136/2409-7136.2023.3.40425

EDN: MVQFHJ

Abstract: The purpose of the article is to form approaches to the public legal regulation of artificial intelligence technologies. The subject of the work is the social relations that have developed in the field of legal registration of modern digital technologies of "weak" artificial intelligence - computer vision, natural language processing, speech recognition and synthesis, as well as intellectual decision support. The relevance of the research is determined by the need to bring the content of legal acts in line with the current level of information technology development. The work is based on a combination of general philosophical, general scientific and special methods of cognition concrete historical analysis, formal legal (dogmatic) method, as well as the method of comparative jurisprudence. The author criticizes the anthropomorphic approach to understanding artificial intelligence, based on the analogy of technology with the human mind, implemented in the terminological apparatus of existing legal acts. It is proposed to limit the legal interpretation of artificial intelligence to a set of specific information technologies that can be used by a person in solving applied problems. The analysis of possible directions of constitutional and legal recognition of artificial intelligence technologies and the legal consequences of their influence on the implementation of the constitutional values of equality and privacy is carried out. The argumentation in favor of a combination of social and technical regulation of relations in the field of application of artificial intelligence technologies is proposed.
Lyubarev A. - Proportionate and mixed election systems in regional and municipal elections in the Russian Federation and the "fabricated majority" problems. pp. 65-118

DOI:
10.7256/2305-9699.2013.8.9212

Abstract: The author studies distortions of proportion in representation of political interests of elections with the use of proportionate and mixed election systems in regional and municipal elections in the Russian Federation. Much attention is paid to the situations of "fabricated majority" of persons voting against all candidates, when a leading party has more than 50% of mandates, while having less than 50% votes in a united election district.  The author studies the roles of voting "against all candidates", threshold, allocation of deputy seats in a majority element of a mixed election system  in formation of the "fabricated majority" effect.  It is shown that within a proportionate election system the leading role belongs to the threshold above 3 per cent and the Imperiali divider method. However, majority element of a mixed system plays the greatest role in the formation of "fabricated majority". The author concludes that it is necessary to abolish the mixed unbound election system.  As an alternative he offers a mixed bound system, which is analogous to the system used in Germany.
Krivosheev E. - Constitutional-legal conditions for application of international treaties of the Russian Federation pp. 72-83

DOI:
10.25136/2409-7136.2021.8.35842

Abstract: This article discusses the questions of application of international treaties concluded on behalf of the Russian Federation, the Government of the Russian Federation, federal executive branches, or authorized organizations. The subject of this research is the constitutional norms of the Russian Federation and other normative legal acts that regulate the procedure for concluding, executing and terminating the international treaties of the Russian Federation, legal provisions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, as well as scientific works on the topic. Special attention is given to the analysis of the constitutional principle that the international treaties of the Russian Federation are part of the legal system of the country. The author reveals the gaps in the current legislation of the Russian Federation specifying the constitutional provisions on the conditions for application of international treaties in the Russian Federation. It is established that the 2020 constitutional reform has improved the mechanism for protecting state sovereignty, and led to formulation of the constitutional-legal condition for application of the decisions of intergovernmental bodies adopted based on the provisions of international treaties of the Russian Federation. The article makes recommendations for the improvement of constitutional-legal regulation of application of international treaties of the Russian Federation. The conclusion is drawn on the existence of mandatory (compliance of the international treaty with the Constitution of the Russian Federation, its formalization, enactment, and consent to its universal binding), as well as optional (publication of domestic acts for application of the international treaty) constitutional-legal conditions for application of international treaties of the Russian Federation.
Laptev A.S. - The digital portal "Criminological Planning" is the main assistant in making managerial decisions in the field of crime prevention pp. 84-95

DOI:
10.25136/2409-7136.2023.8.43734

EDN: WTCQBX

Abstract: The subject of the study is the norms of the current Russian legislation regulating the organization and correlation of planning levels, including in the field of national security, as well as the creation of a digital environment in the activities of public authorities and local self-government. The aim of the work is to develop proposals to improve the practice of countering (preventing) crime, primarily at the regional and municipal levels, to increase the effectiveness of the impact on its determining factors. The author creatively used general scientific methods in cognitively significant unity (analysis, synthesis, system-structural). The foreign experience of using information systems in the activities of regional law enforcement agencies for the analysis, forecasting (crimes, the identities of offenders, victims of crimes) is studied. The novelty of the work is due to the need to increase the use of information technology capabilities in the process of developing and implementing measures to prevent regional crime. The author substantiates the expediency of using the Criminological Planning portal within the framework of the Digital Strategic Planning platform as an adaptive information management system that provides support for management decisions by planning subjects in the field of crime prevention by the leadership of the country, region, municipality, its structure, requirements for information infrastructure are proposed, all the possibilities that the work will provide are reflected the portal, including through the implementation of professional training of specialists in the field of criminological planning through the remote method of communication, as a result of which an optimal system of subjects involved in criminological planning will be created in each region of Russia.
Zadorina M.A. - Municipalities and their types in light of the constitutional reform of the fundamentals of territorial organization of the local self-government pp. 87-101

DOI:
10.25136/2409-7136.2021.10.36475

Abstract: This article is dedicated to the classification of municipalities and clarification of the term “municipality” in the current legislation of the Russian Federation on the local self-government. Special attention is given to the problems and trends of territorial organization of local self-government at the present stage of the constitutional-legal development of the Russian Federation. The subject of this research is the constitutional norms and other normative legal acts that regulate the issues of organization of local self-government in the Russian Federation and its constituent entities, as well as legal provisions of the Constitutional Court of the Russian Federation and scientific publications on the topic. The methodological framework is comprised of the logical, comparative, statistical, specific-sociological, and special-legal (formal-legal, technical-legal, interpretation) methods of cognition. It is established that the territorial organization of local self-government in specific municipalities and regions does not always fully correspond with the federal legislation. The author suggests distinguishing between the municipalities of urban, rural, and mixed types, unitary multitarian, simple and complex, universal and special. The recommendations are formulated for the improvement of legislation in terms of terminological apparatus of the local self-government and legal consolidation of types of municipalities. The conclusion is made that the constitutional reform of the local self-government is a consequence of the current trend of shifting away from the settlement principle of territorial organization of local self-government, as well as from the two-level model of territorial organization of the local self-government.
Agapov I.O. - On the issue of lobbying regulation in Australia pp. 95-104

DOI:
10.7256/2409-7136.2015.11.1645

Abstract: The subject of the research is lobbying activity in Australia and the way of its legal mediation. The author provides a brief historical review of the legislative initiatives of the Parliament of the Commonwealth of Australia aimed at the regulation of public relations between public officers and the representatives of private interests. The author focuses on the national peculiarities of the Australian scheme of regulation of lobbying relations which manifest themselves, primarily, in the form of unification of norms regulating the activities of “mercenaries” – the code of conduct. The author briefly analyzes the existing acts adopted in different periods of time by the states of Australia. The author applies various general scientific and special research methods, namely the historical, logical, systems-structural, formal-logical methods and others. The novelty of the research lies in the revelation of another national way of lobbying regulation which can be added to the collection of actively studied models of legal regulation of lobbying: American, Canadian, British, German, “European”. Australian experience shows that it is not necessary to issue a special law to regulate lobbyism. 
Motrinets S.I. - Development of parliamentary law: searching for an efficient model. pp. 119-136

DOI:
10.7256/2305-9699.2013.8.9304

Abstract: The article concerns the problems of formation and development of the legal norms and institutions in the sphere of parliamentary procedure. The author studied the genesis of parliamentary law, and has proven the key role of legal doctrine in these processes.  It is shown that the first forms of regulation of parliamentary procedural relations appeared at the same time when the first parliaments had started to function.  The author proves that the experiences of the USA and the Great Britain were used for the development of parliamentarism  and formation of parliaments in the states belonging to continental legal family. The author offers to regard parliamentary law as sub-discipline of constitutional law, a combination of legal norms and institutions regulating the relations in the sphere of parliamentary work, as well as the relations in the sphere of functioning of other collegiate elected representative bodies (autonomies, local self-government, self-organizations of people, etc.). The author proves variations among the sources of parliamentary law, discusses the issue of practicability of codification of all of its norms within a set of procedural rules (regulations). Finally, the author discusses a topical issue of a nature of such an act. 
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