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卷 13, 编号 7 (2020)
- 年: 2020
- 文章: 32
- URL: https://journals.eco-vector.com/2072-3164/issue/view/7795
Articles
Rational and irrational in the customary legal support of the economic life of the russian peasantry (on the example of mordvins)
摘要
Mordovian, however, like the Russian village, was a closed world, the internal life of which, including the economy, was regulated by the original system of institutions of self-government on the basis of customary law. Customs that combined both rational and irrational elements were substantiated by deep-rooted views on economic solidarity, mutual assistance, partnership, which was reflected in the practice of contracts, the activities of labor unions, waste management, and other areas of economic life.
Gaps in Russian Legislation. 2020;13(7):13-17
13-17
Legal and educational value of family mediation technology
摘要
Objectives: to reveal the legal role of the institution of family mediation; to identify the position of the family mediator in the system of subjects of legal education; to analyze the techniques used in family mediation, while determining their legal value; to identify the types of family mediation techniques, identifying their impact on the formation of legal awareness of warring parties in the settlement of family legal conflicts through the use of such a variety of alternative legal dispute resolution as family mediation; to determine the problems of legal regulation of the Institute of family mediation in the context of the implementation of legal education by family mediators in the framework of resolving family law disputes and conflicts; to propose measures to improve the Russian legislation on the procedure of family mediation in order to increase the legal educational value of this Institute. Conclusions: the institution of family mediation has a great educational value, which is achieved through specific techniques and techniques; a family mediator provides legal education, is able to provide legal educational effect in the resolution of family law disputes and conflicts, however, the law in this area is imperfect, it is necessary to provide a mandatory requirement for mediators to the presence of higher legal education, and to make mediation mandatory for certain categories of family law cases, and provide state funding for programs family mediation for the most socially significant categories of family disputes; within the framework of the Institute of family mediation, a fairly large number of techniques and techniques can be identified that form the legal awareness of subjects of family-legal conflict through certain forms of legal education: legal information, self-education, legal practice, etc.
Gaps in Russian Legislation. 2020;13(7):18-20
18-20
Legal self-help as an element of legal self-defense
摘要
To ensure and implement the rights, freedoms and legitimate interests of the individual, the state not only determines their set, restraint and implementation mechanism, but also guarantees protection and protection. The right to defense is essential for effective enforcement. Legal protection and protection are carried out both by the state itself and by various institutions of civil society. Some protective possibilities are provided to the personality itself. They are legalized as self-defense. The initial manifestation of self-defense is legal self-help. The purpose of the research is to correlate legal self-help and self-defense, to determine its restorative and protective aspects, the possibilities of using it to ensure the legitimate interests of the individual in modern society. Results. As a result of the study, the author comes to the conclusion that legal self-help is the starting element of self-defense, is available to everyone, however, it is not fully used. Legalized and illegal self-help mechanisms are known. In fact, self-help begins already at the moment of legal socialization. Legalized self-help is expressed as permissible self-ruling. The construction of self-defense essentially includes self-help, but it is normatively fixed only as a measure of an individual's reaction to the fact of an offense. Changes in legislation are advisable to expand the design of self-defense. It is necessary to take into account its preventive potential.
Gaps in Russian Legislation. 2020;13(7):21-25
21-25
Personality, society and state in political and legal perceptions of L.I. Petrażycki
摘要
The purpose of the research. The article is devoted to a prominent Russian lawyer, the author of the original psychological law theory L. I. Petrażycki. The paper concerns such political and legal discourse conceptions as personality, society and state, their mutual relations with Law and Power phenomena, considering the interpretation of L. I. Petrażycki’s law ideas. The study is based on the analysis of the original Petrażycki’s texts; it’s taking into account the works of Russian (N. N. Alekseev, E. V. Timoshina, A. A. Zotov etc.) and foreign authors (R. Cotterell, E. Fittipaldi, A. Ferrari, S. Pastorelli, A. J. Treviño etc.). Results. This article shows that the lawyer is shown to ignore the notion of state as a «manufacturer» of legal rules determining the behaviour of a person and society. The emotional and moral origin in a person’s behavior was the main source of law for Petrażycki. Legal norms guiding various social groups as part of the society were guided were of different nature. The author believes that Petrażycki’s search for social perfection, full of love and high morals did not correspond to the real historical moment with its revolutions and fratricidal wars, nationalist moods and cultural decline.
Gaps in Russian Legislation. 2020;13(7):26-31
26-31
Understanding constitutionalism and the peculiarities of its soviet model in theoretical jurisprudence
摘要
Purpose of the study. The article argues that Soviet constitutionalism, after the two revolutions that took place, became an instrument in the hands of the Bolsheviks, thanks to which they were able to legitimize their power. If the concept of "constitutionalism" in Russian jurisprudence causes fierce controversy, then its Soviet version is an even more complex concept. For these purposes, different approaches were classified according to two criteria: cultural-ideological and political-systemic. Conclusions. As a result of the study, it has been established that the cultural and ideological dimension of constitutionalism is directly related to the history of political and legal doctrines, since constitutionalism in this understanding is considered as a political and legal doctrine based on the cultural traditions of a particular country. In this case, constitutionalism will directly depend on legal and political culture, and can be both Marxist and neoliberal. It is precisely the concept of “culture” that allows us to avoid the widespread Eurocentrism when defining the concept of “constitutionalism”. The fact is that Soviet constitutionalism, based on the ideology of Marxism-Leninism, had completely different features than Western European constitutionalism. It was revealed that the political and systemic dimension of constitutionalism allows us to look at the Soviet state from the standpoint of the theory of political regimes and describe the features of the functioning and interaction of government bodies. Soviet constitutionalism had specific parameters, which was reflected in the structure of public authorities, their functions, ways of interaction between the authorities and the population. It is worth saying that socialist constitutionalism is closest to the concept of "statehood", which reflects the qualitative state of Soviet society and the state, the specifics of its functioning. A key feature of Soviet constitutionalism was the primary influence of the ideology of Marxism-Leninism on all elements of the constitutional legal order.
Gaps in Russian Legislation. 2020;13(7):32-40
32-40
Competition as a way to ensure the constitutional right of citizens to equal access to public service
摘要
Purpose of research. Purpose of research. The article deals with modern problems of ensuring the constitutional right of citizens to equal access to public service on the basis of competitive replacement of public service positions. The article analyzes the practical application of competitive selection for public civil service as the main way to ensure equal access of citizens to public service. The purpose of the study is to identify existing shortcomings in the legal consolidation and practical implementation of equal rights of citizens to public service on a competitive basis. This is necessary in order to exclude the declarative nature of the constitutional right to equal access to public service. Conclusions: as a result of the research, the authors come to the conclusion that at the present stage, the most important principles of competitive selection are not fully used when conducting competitive selection for civil service positions. Such as, for example, the principle of openness, competition, and objectivity in assessing the professional and personal qualities of contestants. One of the solutions to this problem is considered by the authors to hold the contest online. The legal consolidation of the competition for filling vacant civil service positions in online mode is becoming particularly relevant in the context of the new COVID-19 coronavirus pandemic.
Gaps in Russian Legislation. 2020;13(7):41-45
41-45
On the authorized capital of a business entity and the rules governing its payment
摘要
The article is devoted to the criticism of the function of the authorized capital as a guarantee to creditors for their claims against the debtor society. The article provides argumentation that the authorized capital does not and did not perform such a function. Further, the provisions of the Federal Law of February 8, 1998 "On Limited Liability Companies" are considered, which regulate the time and procedure for the payment of the authorized capital, the time and procedure for the transfer of the share to the company, the period for the distribution of the share of the company among the participants who paid their share of the capital or proposals for the acquisition of such a share by members of the company or third parties, if there are relevant provisions in the charter. As a result, the conclusion is drawn about the need for a different, more flexible formulation of the relevant norms that would allow maintaining and not destroying the civil turnover of shares in limited liability companies.
Gaps in Russian Legislation. 2020;13(7):46-50
46-50
Implementation of the right to freedom of creativity in the legislation of Russia, France and Great Britain
摘要
The purpose of research. The article deals with the problem of determining the criteria for copyright protection of works as the results of creative activity. The article analyzes the concept of originality as the main feature of creativity and its interpretation in the judicial practice of Russia, France and Great Britain. The development of a unified concept of originality is necessary to develop a unified approach to providing legal protection to the results of intellectual activity in the field of copyright. Results. Based on the study of the approaches of the courts of France and Great Britain to the concept of originality, it is concluded that the anthropocentric concept of copyright, which protects the result of human creative activity, dominates in these countries. Determining the originality of a work depends on the personality of its author and requires either minimal effort, when the result of creative activity should not be an act of simple copying, or the expression of the author's personality in the work. In both cases, there are difficulties in determining the presence of originality in works that do not have authorship, or whose author is not known. In this regard, it is proposed to understand originality as an objective criterion for the legal protection of a work related to the latter, which means that there is a random choice of creative nature when creating a work.
Gaps in Russian Legislation. 2020;13(7):51-55
51-55
Types of social entrepreneurship: classification and problems of legal regulation
摘要
Purpose of research. The purpose of research was to classify the types of activities of social entrepreneurs provided for by the current legislation of the Russian Federation. To achieve this goal, an analysis of approaches to the formation of this classification was carried out; the practice of modern Russian social entrepreneurs was studied; the current legislation fixing the conditions for the recognition of types of entrepreneurial activity as social entrepreneurship was evaluated. Conclusions. Conclusions are drawn on the use of a mixed approach to the allocation of types of social entrepreneurship in the domestic legislation, including both quantitative and qualitative criteria and a list method for classifying types of activities. At the same time, a number of criteria and categories underlying this classification are not sufficiently correct. The article presents proposals for improving the legislation on social entrepreneurship in terms of the relevance of the criteria for classifying the activities of social entrepreneurs in relation to the goals of state support for certain areas of it, eliminating these insufficiently correct legislative formulations, including clarifying socially vulnerable categories of citizens in the context of the activities of social entrepreneurs.
Gaps in Russian Legislation. 2020;13(7):56-62
56-62
The activities of notaries in the Swiss Confederation
摘要
The article deals with the foreign experience of carrying out legal activities on the territory of the Swiss Confederation. The study focused on the peculiarities of dividing the territory of the Swiss Confederation into cantons. It was found that almost every Canton has its own legislation, which has its own specifics, which reflect the specifics of the specific territorial location of the subject. The purpose of the study was to study the accumulated experience of regulating the activities of notaries of the Swiss Confederation, which can help Russian legislation to quickly and accurately solve emerging problems in the field of notarial activity. The methodological basis of the research is the method of dialectics and the General scientific and private scientific methods included in it, in particular, such as the method of formal logic, analysis, and the comparative legal method. Thus, the ways to overcome the existing problematic issues that arise when notaries carry out their activities were identified by the Swiss Confederation. The presented experience can be valuable for Russia and, if certain information is available, it should be recorded for solving future problems in the field of notary activity.
Gaps in Russian Legislation. 2020;13(7):63-65
63-65
Mechanism of intellectual rights protection of folk arts and crafts: issues to develop
摘要
The purpose of this study is to study the existing mechanism for protecting intellectual property rights to folk art products within the existing norms of Russian civil legislation, as well as to identify problematic aspects of intellectual property protection in the field of folk art related to the attribution of folk art products to the results of intellectual activity. This study allows to draw some conclusions: first, IP law allows you to protect the folk arts and crafts products through the use of institutions of legal protection of copyright, geographical indications, appellations of origin, trademarks and industrial designs. However, a significant addition to the legislation would be the introduction of such an object of IP as artistic and stylistic features of folk art; secondly, since the products of folk arts and crafts have mainly a creative character, and this is a sign of any author's work, if there is an objective form of expression, this character can serve as a criterion for obtaining protection of intellectual rights to the product of folk arts and crafts, which must be fixed in the normative act regulating public relations in the field of folk arts and crafts; thirdly, given that the considered elements of the mechanism of protection of intellectual property rights on the folk arts and crafts products do not involve the allocation of specific grounds for protection of intellectual property rights in the folk arts and crafts products and the protection of these rights is possible only in the framework of the existing provisions of the civil code, another important point is the inclusion of features of protection of intellectual property rights on the folk arts and crafts products in the regulatory legal act regulating relations in the sphere of folk arts and crafts; fourth, the Russian IP legislation should introduce a rule on liability for illegal use and other actions that cause damage to the folk arts and crafts.
Gaps in Russian Legislation. 2020;13(7):66-70
66-70
On confirmation of the fact of decision-making by the general meeting of the LLC and the composition of the present participants
摘要
The article is devoted to the consideration of the urgent issue of the application of the provisions of Subp. 67.1 of the Civil Code of the Russian Federation both before and after the adoption by the Presidium of the Supreme Court of the Russian Federation of the “Review of Judicial Practice on Certain Issues of the Application of the Law on Business Companies”. The article discusses various situations where there was a need for notarization of decisions of the general meeting of participants until 12/25/2019, and when it was possible to use an alternative method of such certification. The author describes significant changes in the interpretation of subsection 3, paragraph 3, art. 67.1 of the Civil Code of the Russian Federation after the adoption of the Review by the Supreme Court of the Russian Federation, and also considers the consequences of non-compliance with the requirements for the procedure for confirming decisions of the general meeting of participants and decisions of a single participant.
Gaps in Russian Legislation. 2020;13(7):71-75
71-75
Regulation of the circulation of digital money: development prospects
摘要
This article examines the prospects for regulating digital money against the background of its rapid spread in Russia in recent years. Digital money is currently replacing cash circulation, but along with its advantages, it has a number of disadvantages. The purpose of the presented article is to assess the prospects for the development of the circulation of digital money and the possibilities of its regulation. The analysis of understanding the essence of virtual currency or digital money is carried out. The classification of digital money and electronic payment systems is considered. The ratio of the concepts of non-cash, electronic and digital money, their similarities and differences, and the main features are analyzed. The properties of cryptocurrencies are investigated, it is concluded that, in addition to a number of useful functions, their widespread use as a means of payment may pose some threat to the financial stability of the state. The directions of development of monetary relations in the context of the introduction of new innovative methods of regulating national monetary circulation are considered. The process of forming an attitude towards the free circulation of cryptocurrencies and their regulation in the power and legislative spheres is investigated. It is concluded that it is necessary to prohibit the circulation of cryptocurrency as a means of payment. The necessity of introducing official digital currencies issued by national central banks into the system of monetary circulation has been substantiated. The experience of organizing pilot projects of national digital currencies in developed countries is generalized, the prospects for the circulation of national digital currencies are determined. The article also discusses the prospects for the development of digital financial technologies associated with the release of digital financial assets and the spread of digital money within a new model of an innovative economy.
Gaps in Russian Legislation. 2020;13(7):76-80
76-80
Peculiarities of establishing (confirming) dependency for the purpose of assigning insurance pensions in case of loss of the breadwinner (for example, students)
摘要
Based on the analysis of pension legislation and scientific legal literature, the article examines the concept and content of dependency as a legal category, especially its interpretation in judicial acts of courts of higher jurisdiction. The author focuses on the peculiarities and problems of legal regulation of the establishment (confirmation) of dependency in order to assign an insurance pension in the event of the loss of a breadwinner in relation to students (students) as a special social group of persons. At the same time, numerous examples of law enforcement practice were studied taking into account the legal and illegal employment of the alleged deceased breadwinners of the students.
Gaps in Russian Legislation. 2020;13(7):81-91
81-91
Problems and practice of legal regulation of the protection of wildlife objects in the use of mineral resources in specially protected natural territories
摘要
The article is devoted to the study of the problems and practice of legal regulation of the protection of wildlife objects in the use of mineral resources in specially protected natural territories. Based on the results of the study, including positive foreign experience, to ascertain the specificity of ecological-legal regime of economic activity of the subsoil use in terms of protection of objects of fauna, which varies considerably depending on the immediate view of the protected area. It is proved, that the legislation on specially protected natural territories requires harmonization with the law on subsoil and law on fauna to ensure protection of wildlife within the boundaries of specially protected natural territories.
Gaps in Russian Legislation. 2020;13(7):92-97
92-97
The concept of the legal regime of forest lands
摘要
This article examines the concept of «legal regime of forest lands». The relevance of this topic is based on the absence of a unified understanding of the content of the legal regime of lands concept in the modern legal doctrine provisions. Therefore, there is no unified approach to determining the final list of instruments for its establishment for the characteristics of a particular category of land, including forest land. The article examines some doctrinal definitions of the «legal regime of lands» concept to characterize the legal regime of forest lands and also reveals the relationship between the legal regime of lands and land plots, as well as methods (tools) for their definition. The features of the legal regime of forest lands, land plots from their composition are highlighted on the basis of the analysis of the norms of the current legislation and doctrinal positions. The definition of the concept of "legal regime of forest lands" is proposed.
Gaps in Russian Legislation. 2020;13(7):98-103
98-103
On some issues of application of article 110.1 of the Criminal code of the Russian Federation
摘要
The purpose of the publication is to show the difficulties that arise when applying article 110.1 of the criminal code of the Russian Federation, to prepare recommendations on the qualification of inducement to commit suicide or assistance in committing suicide. Conclusions obtained in the course of the study. Conclusions on understanding the content of dispositions of various parts of article 110.1 of the criminal code of the Russian Federation are formulated, criteria for distinguishing the analyzed crimes from related crimes are prepared. The scientific significance of the publication is that it makes a certain contribution to the criminal law fight against the spread of suicidal phenomena in the Russian Federation. The practical significance of the publication is that it contributes to the correct application of criminal law norms provided for in article 110.1 of the criminal code of the Russian Federation.
Gaps in Russian Legislation. 2020;13(7):104-107
104-107
Modern methods of preventing crimes related to the suicide of minors
摘要
The article deals with the problem of suicidal behavior of minors. The authors propose modern methods of prevention and prevention of crimes related to the suicide of minors.
Gaps in Russian Legislation. 2020;13(7):108-111
108-111
Global information space as a factor of the forced spread of religious-political extremism
摘要
The purpose of this study was to study the problems of the violent spread of religious and political extremism in the youth environment through the global information space. The paper considers the factors that form the basis of religious and political extremism, which is a type of illegal political activity that is motivated or camouflaged by religious postulates or slogans. The objectives of the study: an attempt was made to analyze the impact of the global information space on the spread of religious and political extremism. Among the reasons are the high speed of dissemination of information; the ability to reach a wide audience, the ability to create your own content and post materials anonymously, the use of loopholes in inconsistencies in the laws of the world, etc. At the same time, it was found that it is in the global space that new members are recruited and recruited into religious and political extremist organizations. Conclusions: in order to effectively counter this phenomenon, it is necessary to oppose the clearly coordinated and coherent work of the state and the public. At the same time, the role of the state is a set of subjects and regulatory legal acts governing the activities to identify, prevent and suppress religious and political extremism, as well as the disclosure and investigation of these crimes.
Gaps in Russian Legislation. 2020;13(7):112-115
112-115
Problems of combating corruption crime of the proper elite
摘要
In this paper, we study the specifics and problems of combating corruption crimes of the official elite. The high degree of its public danger is noted, primarily due to the scale of harm caused as a result of "elite corruption". The author also attempts to establish a picture of the registered corruption crime of the official elite. At the same time, it is indicated that information about this type of corruption is closed, hidden behind the general indicators of all corruption crime. In this connection, the author comes to the conclusion that it is necessary to change the criteria laid down in statistical reporting and allocate a separate column in the section "Characteristics of the criminal's personality", in which it is necessary to keep records of crimes committed by the official elite. Based on the information available in the reports and mass media, the paper provides an approximate picture of the corruption crime of the official elite, its trends are noted, and indicates a qualitative leap in recent years both in the whole of the Russian Federation and in the region - the Republic of Dagestan. The author summarizes that the counteraction of corruption crime of the proper elite is possible, first of all, by tightening their responsibilities. To this end, the study formulated a number of proposals and amendments to the criminal legislation of Russia. Goal. To study one of the most dangerous types of corruption crime, to assess its current state, to reveal the specifics of the spheres of its manifestation and to suggest ways to improve the fight against "elite" corruption crime. The following methods and methods of scientific cognition were used in the research: statistical, content analysis of press materials, sociological, comparative, formal-legal, logical methods (analysis and synthesis, induction and deduction, etc.) Scope of the results. The results obtained by the author can be applied in law-making activities aimed at further improving criminal responsibility and punishment, and it is also possible to use them in the practice of combating corruption crime. Certain provisions can be taken into account in the development of program documents on combating corruption and corruption crime. The results of the study are also of interest for scientific and pedagogical personnel of higher education institutions when teaching disciplines of the criminal law cycle.
Gaps in Russian Legislation. 2020;13(7):116-121
116-121
The problems of organization of labor activity of convicts during the execution of unfree labor
摘要
The aim of the article is to identify some practical problems are based on the analysis of the law enforcement practice and the employees’ opinions of the criminal executive system, which can occur in labor activity of prisoners when they do unfree labor and suggest possible ways of their solution in order to improve the law regulation of correctional center’s activity. The main conclusions are: the need to exclude the unfree labor punishment to persons who suffer from social diseases; the need for a legislative procedure for making deductions and other deductions from prisoner salary and transfer the amount withheld, moreover, the subject who will be responsible for it; the need for legislative establishment of tax benefits for enterprises where prisoners do unfree labor; the expediency of deducting the cost of food, clothes, shoes and means of personal hygiene from the salary of an unfree labor prisoner which they use while serving a sentence
Gaps in Russian Legislation. 2020;13(7):122-126
122-126
On the question of improvement of the penal legislation in terms of providing parole to prisoners with life imprisonment
摘要
The article is about the opportunity of parole for prisoners who have a life turn. The aim is to improve a penal enforcement legislation which regulates the execution of punishment as a life turn. The author offers one of the steps to improve the penal enforcement legislation, which regulates the order of execution of this type of punishment, specifically transfer prisoners to sentence life imprisonment, who have a right to request about parole in a colony-settlement, and then they can have parole after 5 years.
Gaps in Russian Legislation. 2020;13(7):127-132
127-132
International protection of the sphere of blockchain functioning against criminal offences: landscape, dynamics and perspectives
摘要
The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.
Gaps in Russian Legislation. 2020;13(7):133-138
133-138
The main directions of prevention of recidivism of violent crimes against the person
摘要
The article presents the main directions of prevention of recidivism of violent crimes against the person. The author provides a statistical picture of recidivism of violent crime against the individual and on the basis of the results of the conducted criminological research justifies the need for scientific research, the purpose of which is to increase the effectiveness of prevention of recidivism of violent crimes against the individual. The article presents arguments in favor of the transformation of the main directions of prevention of the analyzed type of crime. Among the main directions of preventive activity, the author refers to: early warning; the direction due to the high proportion of mental abnormalities in violent criminals recidivists; post-penitentiary warning. The article presents the characteristics of each of the selected types of prevention, highlights their shortcomings and formulates a list of measures implemented by authorized subjects of prevention, including internal Affairs bodies, within each of the marked types of prevention.
Gaps in Russian Legislation. 2020;13(7):139-142
139-142
Evidence in the criminal procedure of the USA
摘要
This article deals with the concept of evidence taking and evidence in the USA. It sets out the place and the meaning of witness evidence, expert examinations. A multipolar world requires the study of various points of view of scientists and practitioners regarding the most important legal institutions. Institutions of procedural law such as the Institute of Evidence and Evidence in the United States are no exception. The authors conclude that in the modern multipolar world there is a growing interest to the relevant branch of law both within a specific country and at the regional level.
Gaps in Russian Legislation. 2020;13(7):143-145
143-145
Officer of the body of inquiry which not an investigator
摘要
The article is devoted to the issue of the procedural status and procedural powers of officials who are part of the structure of the body of inquiry, but who are not interrogators. Using the example of such officials in the internal affairs bodies of the Russian Federation as an operational officer and a precinct police officer, the author analyzes the boundaries of their powers in making procedural decisions and conducting procedural actions as an interrogator. In the course of analyzing the existing practice, the authors conclude that at present the clear boundaries of the procedural status of an official of an inquiry body who is not an interrogator are not regulated normatively. There are significant omissions both directly in the criminal procedure plan, and in departmental and other regulatory legal acts. This situation leads to the fact that in the course of their practical activities, operatives and district police officers are often endowed with unreasonably expanded procedural powers, which can lead to violations and abuses during the initiation and investigation of criminal cases. It is noted that in accordance with the qualification requirements and the nature of the tasks performed, district police officers, as well as operational workers, may not always be legally competent in making procedural decisions. The authors substantiated the point of view and made a conclusion about the advisability of excluding from the legislation the possibility of vesting district police officers and detectives with the procedural status of an investigator, with the exception of certain special cases.
Gaps in Russian Legislation. 2020;13(7):146-150
146-150
Implementing the powers of the prosecutor to oversee the implementation of laws under restrictions related to measures to prevent the spread of coronavirus infection (COVID-19) (based on the materials of the prosecutor's office of the Republic of Dagestan)
摘要
The article analyzes the law enforcement and Supervisory practice of the Prosecutor's office of the Republic of Dagestan, monitors new regulatory legal acts regulating the activities of control and Supervisory state bodies, municipal control bodies, health care bodies and institutions of the Republic of Dagestan in the conditions of restrictions related to the prevention of the spread of a new coronavirus infection (COVID-19). The article provides a scientific justification of the legitimacy and effectiveness of remote methods of interaction between the Prosecutor's office and supervised bodies and organizations, the possibility and necessity of implementing the Supervisory powers of the Prosecutor using electronic document management and video conferencing. At the same time, the author concludes that the most common violations of the laws during the period of the restrictions under consideration were understating the amounts of incentive surcharges for medical workers providing direct "contact" medical care to persons infected with a new coronavirus infection (COVID-19), as well as not including many medical workers in the list of persons entitled to incentive surcharges. An effective measure of the Prosecutor's response in this case was the introduction of generalized representations to the Chairman of the Government of the Republic of Dagestan. The author reveals a bias in the practice of control and Supervisory activities of the Republican State labor Inspectorate, Rospotrebnadzor and Rosprirodnadzor bodies on the application of the new procedure for conducting unscheduled inspections of individual entrepreneurs and legal entities. Based on these studies, the author comes to the conclusion that violations of the law detected by the Prosecutor's office of the Republic of Dagestan are typical for other regions of the Russian Federation and justifies the need to adjust the procedure for conducting documentary inspections by state control and Supervisory authorities at the Federal level. Specific proposals of a normative nature in this part are formulated.
Gaps in Russian Legislation. 2020;13(7):151-156
151-156
Problematic issues of participation of the internal affairs bodies of the Russian federation in the detection, prevention and suppression of offenses in information and telecommunications networks (including the internet), services, social networks, virtual games, as an element of ensuring national security in the face of new threats
摘要
The article deals with the problematic issues of participation of the internal Affairs bodies of the Russian Federation in the detection, prevention and suppression of offenses in information and telecommunications networks (including the Internet), services, social networks, virtual games, as an element of ensuring national security in the face of new threats. The emergence and spread of new threats, including information terrorism and extremism, as well as «virtual rallies» required a number of changes in the functioning of law enforcement agencies in the Russian Federation. The establishment and functioning of new structures have transformed to the extent necessary for law enforcement authorities, which allowed to increase the level of national security in the present and create a future in.
Gaps in Russian Legislation. 2020;13(7):157-161
157-161
Implementation of criminal policy in the sphere of procurement of goods, works, and services for state or municipal needs (criminal law and criminalistic aspects)
摘要
This article sets out criminal law and criminalistic issues in the field of regulating responsibility for abuses in the field of public procurement by: persons representing the interests of state or municipal customers; experts, authorized representatives of an expert organization; persons executing state or municipal contracts. The author studies offenses in the field of public procurement and analyzes the implementation of criminal policy in the field of procurement of goods, works, and services for state or municipal needs.
Gaps in Russian Legislation. 2020;13(7):162-166
162-166
Content and characteristics of public administration in the area of forced migration
摘要
Objectives: the article considers various aspects of legal regulation of public administration in the field of forced migration. It describes the migration sphere, which is applicable to such categories of forced migration as refugees, internally displaced persons, persons who have received political or temporary asylum. The category of forced migration is consistently revealed in existing studies, as well as in conceptual documents. The need for further improvement of the legal framework in the field of forced migration is noted, and a number of contradictions in the regulation of public administration in the field of forced migration in Russia are revealed. The complexity of forced migration in the context of legal regulation and public administration is noted. Model: the research Methodology consists of the following methods of scientific knowledge: General philosophical, theoretical, dialectical, system method, analysis, synthesis, analogy, deduction, observation, modeling, traditional legal methods such as formal-logical, statistical, and comparative law. Conclusions: based on the analysis of law enforcement practice, a number of the following conclusions are made. First, the issues of public administration in the field of forced migration are insufficiently developed. the science of administrative law requires the development of the concepts of "forced migration", "forced migrant", "management in the field of forced migration". Their absence leads to a number of problems related to the application of current legislation. The lack of a unified approach to all categories of forced migration makes management difficult. Secondly, it is necessary to conduct a comprehensive analysis of the existing mechanism for determining the status and placement of forced migrants in the Russian Federation and develop recommendations for its improvement. Third, it is necessary to study the competence of state authorities in the field of forced migration. Research scope: in this study, the author attempts to study the problems of legal regulation of public administration in the field of forced migration, as well as the provisions of Federal law No. 109 "on migration registration of foreign citizens and stateless persons in the Russian Federation", Federal law No. 58 on amendments to article 33-1 of the Federal law "on citizenship of the Russian Federation "(ed. from 22.12.2014), Presidential Decree "on the Concept of state migration policy of the Russian Federation for 2019-2025" from 31.10.2018. Practical significance: the Problems of public administration in the field of forced migration are not sufficiently developed, in science it is necessary to develop the concepts of "forced migration", "forced migrant", "management in the field of forced migration". Their absence leads to a number of problems related to the application of current legislation. The lack of a unified approach to all categories of forced migration makes management difficult. It is necessary to conduct a comprehensive analysis of the existing mechanism for determining the status and placement of forced migrants in the Russian Federation and develop recommendations for its improvement.it is necessary to study the competence of state authorities in the field of forced migration. Originality: This study reflects the main approaches and problems of legal regulation of public administration in the field of migration, administrative and legal bases of migration policy of the state, analyzes the points of view of domestic scientists who study migration processes in the Russian Federation.
Gaps in Russian Legislation. 2020;13(7):167-171
167-171
Diplomatic participation in the international civil procedure
摘要
The article considers the question of diplomatic service participation in civil and arbitral proceedings of the cases with a foreign element. The purpose of the article is to find out the main variants of diplomatic participation in the international civil procedure, and also the specialties and problems, connected with it. In the study it was found that the possibilities of diplomatic participation in court proceeding is most fully disclosed in the international acts, such as Vienna Conventions on Diplomatic and Consular Relations. The analysis of the Russian legislation system showed that the national regulatory legal acts, which should define the procedural routine of such participation more specifically, do not always regulate it fully. In judicial practice this fact generates some difficulties both for the participants of the procedure and the trial. After analyzing the Russian national procedural legislation, some particular acts of the inner procedural legislation of the several members of the Commonwealth of Independent States (CIS), and the actual international legal acts regulating the diplomatic service, the authors formulate a number of conclusions. First of all, the Russian legislation allows the diplomatic participation in the international civil procedure as a part of the representation institute and as a separate (personal) participation in their interests. Such a duality appears not in all the countries even within the territory of the CIS. Secondly, the question of the consular representation nature in the Russian law remains unresolved. Thirdly, diplomatic (and, in particular, consular) immunity from civil jurisdiction has some exceptions, which are listed in Vienna Convention on Diplomatic Relations (1961), Vienna Convention on Consular Relations (1963), and national legislation acts - Civil Procedure Code of the Russian Federation and Arbitral Procedure Code of the Russian Federation. The provisions of the last two acts upon this question conform to the international legal acts
Gaps in Russian Legislation. 2020;13(7):172-177
172-177
System of methodological approaches in historical and pedagogical research
摘要
The purpose of our research is that the quality of historical and pedagogical research is the focus of many specialists of higher education. It is largely determined by a well-designed research methodology. In this regard, it is natural for scientists to turn to the basics of the methodology of scientific knowledge as an algorithm for finding a goal, choosing techniques and methods to achieve the task. In historical and pedagogical research, an important place is occupied by the choice of a methodological approach, principles and methods of its implementation. The article deals with system ideas in Russian pedagogy long before the appeal to the system approach existed within the framework of the national cultural tradition as a way of seeing the world and pedagogical reality in it, as a desire to fully cover the studied object, as a form found for an adequate reflection of the essence of the research position. The principles and methods considered in this article, implemented through a systematic approach, are not exhaustive as a result. Depending on the problems of historical and pedagogical research, they can change and complement each other, thus helping to correctly build a study on the history of pedagogy both in organizational and content terms.
Gaps in Russian Legislation. 2020;13(7):178-181
178-181