Volume 15, Nº 7 (2022)

Goals / objectives. The article is devoted to topical issues related to the legal regulation of education in general and upbringing in particular within the framework of intergenerational communication. The goal is to study theoretical and legal approaches to the implementation of the educational function in the context of the transmission of the moral experience of generations, taking into account the current legislation and the practice of its application. Within the framework of scientific research, the ethicocentrism of Russian law; the correlation of the legal culture, legal education, patriotic education; the legal dimension of patriotic education in the educational process are characterized. The development trends of Russian legislation on patriotic education and the practice of its application are also considered. Methodology. The study used methods of analysis and synthesis, dialectical, systemic, comparative legal, formal legal and others. The data of sociological surveys of the Center for the Study of Public Opinion on the knowledge of the norms of the Constitution of the Russian Federation by citizens of Russia, as well as statistical data of the Civic Chamber of the Russian Federation on the state of civil society for 2021 are presented. Conclusions. The article notes that the extensive regulatory legal framework in the field of education in the Russian Federation is formed taking into account the guidelines of state policy in this area, laid down in the strategic planning documents. However, at present there is no unified approach to the legal support for the implementation of the educational function, taking into account the previous legal experience of the intergenerational communication.

This article analyzes the author's approaches to the consideration of the category "legal system" in the legal theory. It was revealed that the indicated legal phenomenon is mainly studied by scientists in two senses: the first approach (broad) allows us to consider it as a fundamental, complex, multidimensional and collective "legal formation" that combines a variety of legal phenomena, means and processes; the second - studies the legal system through a set of normative legal acts in force on the territory of a particular state. It is clarified that the second approach is based primarily on the constitutional provisions of Part 4 of Art. 15. In the course of the study, the substantive difference between the categories "legal system", "legal family", "system of law", "system of legislation" is indicated. The variability of the author's positions in terms of fixing the elemental composition of the legal system is also noted, while the similarity of these components (the system of law, the system of legislation, legal practice and legal ideology) is emphasized. As a special classification of legal systems, the position of the authors was reflected, proposing to consider the legal system through legal arrays: as a national legal system, a legal family and a group of legal systems. The analysis of doctrinal approaches to the study of the Russian legal system made it possible to formulate a conclusion about the need to “grow” it, taking into account the cultural, historical, national, political, social, and economic identification of our society and state. It is emphasized that the legal system of Russia is the personification of its state sovereignty.

This article discusses issues related to bringing citizens to administrative responsibility for violations when engaged in missionary activities. In some cases, violations occur due to such persons' ignorance of their rights and the current legislation. In other cases, there is no guilt in committing an offense, but law enforcement agencies send such materials to the courts for making decisions on them. Such facts indicate existing problems, both in legislation and in its application, which we will try to deal with in this work.

The purposes of the research are to identify the problems of the legal status of the President in the system of public authorities and develop proposals for their solution. The article analyzes the development of the theory of separation of powers and the legal status of the head of state, presents different positions on the position of the head of state in the system of public authorities. The results of the research, the author came to the conclusion that the head of state in the Republic of Kazakhstan and the Russian Federation occupies a central position and this does not contradict the principle of separation of powers.

The article analyzes the features of resolving labor disputes related to appealing (challenging) the results of a special assessment of working conditions and restoring the employee's rights to reduced working hours and additional leave. The authors focus on the problems of judicial enforcement, in particular, during the state examination of working conditions, in which the results of a special assessment of working conditions are disputed. An analysis of the current labor legislation and legislation on a special assessment of working conditions allowed the authors to identify the problems of legal regulation of the revision of the procedure for remuneration in connection with an additional agreement signed by the employee to the employment contract based on the results of the SOUT. The methodological basis of the study was the formal legal method, the use of which contributed to the disclosure of the specifics of the consideration of labor disputes related to challenging the results of the SAUT, as well as significant gaps and problems in the legal regulation of the studied sphere of social and labor relations.

This article analyzes the legal nature of the astrent or court penalty. Based on the study of judicial practice, Russian and foreign doctrine, the problems that arise when appointing an astrent in relation to debtors who do not voluntarily execute court decisions are studied. The article provides a detailed list of categories of cases in which a court penalty can be collected. The cases of ambiguous judicial practice, including cases of recovery of astrent in administrative disputes, are investigated. Based on judicial practice, the amount of astrent collected in different categories of cases is analyzed in detail. Based on the results of the article, a conclusion was made about the high efficiency of astrent as a way to protect the rights of the creditor.

The purpose of the research. The increased concern in the research community to various problems of the mechanism of legal regulation, taking into account the sectoral characteristics has predetermined the need to identify its specificity in relation to the housing sector and to clarify the role of self-regulation as an independent use by participants of law enforcement activities in the field of housing system of private law means of implementation of their housing rights. The article considers the correlation between self-regulation and the most significant elements of the mechanism of legal regulation of housing relations, it also traces the dynamics of their interaction and identifies sector-specific features of self-regulation in relation to the housing sector. The purpose of the study is to identify the specific features of self-regulation in the housing sector and to determine its role in the mechanism of legal regulation of housing relations. Results. The author concludes that the complex nature of the legal regulation of housing relations, which combines elements of both private law and public law regulation, arises from the heterogeneous nature of housing relations themselves. Differentiation of legal regulation of housing relations is based on differences in methods, ways and techniques of legal impact on relations in the housing sector, which ultimately determines the peculiarities of the mechanism of their legal regulation. The central role in the system of civil law legal means of regulating that part of housing relations, which are by their legal nature civil law relations, belongs to such key civil law instruments as civil law contract, legal entity, decisions of meetings. The discretionary nature of civil law regulation of housing relations gives its participants the possibility of choosing their own legal ways and means of satisfying their private interests, and therefore the possibility of self-regulation. Self-regulation in the mechanism of legal regulation of housing relations is the use of legal means directly by the participants of the relations regulated by housing law to structure their own behaviour, independent determination of their rights and duties within the law. Self-regulation in the housing sphere is closely interconnected with such elements of the mechanism of legal regulation of housing relations as norms and legal relations. The normative foundation of self-regulation in the housing sphere is primarily of dispositive norms. The significance of dispositive rules in the regulatory impact of housing law on the housing relations that constitute its subject matter lies in enabling the parties to exercise rights and fulfil duties in accordance with an individual pattern of behaviour agreed upon in the process of self-regulation. The most important legal means by which self-regulation is achieved is the category of «discretion», which gives subjects of housing legal relations the possibility of free choice of the optimum way of exercising subjective housing rights. The legal ground for self-regulation in the housing sector is provided by the norms-principles enshrined in the housing legislation - the principle of legal equality and the principle of economic freedom, the content of which is differentiated depending on the subject composition of enforcement. Self-regulation in the field of housing has sectoral specificity determined by the peculiarities of the subject composition of the regulated relations and the object about which these relations are formed. The diversity of housing rights and the particularities of their exercise imply a wide range of subjects exercising their rights, thus requiring a constant balancing act not only between private and public interests, but also between the set of private interests themselves. In this context, the limits to the exercise of housing rights, which have a significant impact on self-regulation, are of particular importance. The exercise of certain housing rights by virtue of the requirements of housing legislation is subject to the need for getting the approval or authorisation. The peculiarity of self-regulation in housing sector is also the fact that for the emergence of most legal relations, in which housing rights and duties are implemented, self-regulation alone is not enough, but individual-contractual regulation is required, which, compared to other types of legal regulation, is more dependent on the will of the subjects of contractual obligation, optimization of interaction between the subjects is achieved through self-regulation. The use of the contractual form of regulation makes it possible to coordinate the multiple interests of the participants in housing relationships.

The purpose of the research. The article is devoted to the study of the issue of termination of a fixed-term contract for serving in the EMERCOM of Russia. The relevance of the indicated topic is due to the entry into force of the legal norm from January 01, 2022, securing an increase in the age limit for being in the service of an employee of the Federal Fire Service by five years, which entailed the emergence of a number of practical issues related to the further passage of service by persons with whom a fixed-term service contract has already been concluded once they reach the age limit. The relevance of the study determined its purpose, which is to determine the legislative possibility of further service by fire service employees with sufficient experience and skills in their professional activities. Results: Based on the results of the study, it was concluded that employees of the fire service who have reached the age limit fixed by law until January 01, 2022 can continue to serve in the Federal Fire Service only on the basis of fixed-term contracts, while the legislative obligation to conclude indefinite service contracts with these persons is excluded; there is no obligation to carry out certification of the employee with whom the fixed-term contract ends, since the urgency of legal relations does not imply the existence of an employer's justification that they cannot be extended; we consider it possible to terminate urgent contractual relations with an employee while he is on sick leave, on vacation or on a business trip.

The aim of the study is to improve criminal liability for unfinished crimes. In its course, problems were identified related to the qualification of unfinished crimes under Part 1 or Part 2 of Art. 105 "Murder" and under part 3 of Art. 30 “Preparation for a crime and attempted crime” of the Criminal Code of the Russian Federation, as well as the consequences of the implementation of the provisions of Part 2 and Part 3 of Art. 66 "Sentencing for an unfinished crime" of the Criminal Code of the Russian Federation. It is proposed to state paragraph “a” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation as follows: "two or more persons or associated with the preparation for the murder of another person or attempted murder of another person." Art. 66, it is proposed to add part 5 of the following content: “When imposing a punishment for preparing for a crime or attempted crime in cases where the perpetrator, in the process of committing it, by his actions (inaction) performed another corpus delicti, which is part of a crime that was not completed in the intended volume, the court has the right not to apply the rules provided for by parts 2 and 3 of this article if it establishes that the operation of these norms will lead to the imposition of a punishment that does not sufficiently take into account the nature and degree of social danger of socially dangerous actions (inaction) committed by a person. As an alternative to the last sentence, it is recommended to state part 3 of Art. 66 of the Criminal Code as follows: "The term or amount of punishment for an incomplete attempt to commit a crime may not exceed three-quarters of the maximum term or amount of the most severe type of punishment provided for by the relevant article of the Special Part of this Code for a completed crime."

Studium de principalibus trendibus in evolutione legis criminalis institutionis probationis.Academic and pragmatic interest in probation is due to the permanent reform of legislative regulation and practical requirements. The complex normative regulation of probation indicates the demand to define it, determine the trends in legal regulation, and identify the tendencies in its enforcement. The authors identify the reasons for the emerging dynamics and decrease in use of probation by noting that the edition of Art. 73 and 74 of the Criminal Code of the Russian Federation is carried out in line with expanding the grounds and conditions for the application of probation; establishment of prohibitions and restrictions on suspended (conditional) sentencing; specifying the probation period, the conditions for imposing additional punishment, the duties and restrictions carried by the probationer. The article justifies the proposals for the prospective development of the institution of probation at the present stage of criminal law.

The Institute of Juvenile Criminal Responsibility has passed a long historical path of development, starting from the very first legal regulatory sources and ending with today's current legislation. In its history, the criminal liability of minors has undergone changes in wording, age threshold, number of punishments and the range of crimes for which it was assigned.

Criminological analysis of crime makes it possible to establish the true picture of criminal activity, identify trends in the development of crime, predict possible prospects and suggest ways to counteract it by identifying its causes. In parallel with the study of crime, there is an opportunity to analyze victimization in society. The article presents an analysis of juvenile delinquency in Japan, as well as its causes, its criminological characteristics are given and the victimization of minors in the country is considered. The empirical basis was made up of statistical data on crime in Japan, published in the open press. The paper uses scientific works of foreign authors on the covered problem. The conducted research allowed the authors to show effective types of police activities in the direction of countering and preventing juvenile delinquency. In conclusion, the authors come to the conclusion about the importance of social partnership between the police and the population in increasing the legal integration of society. Using the experience of foreign countries, it is possible to increase efficiency in the fight against crime in Russia. This was the purpose of the study conducted by the authors, which allowed us to formulate conclusions about the effectiveness of countering juvenile delinquency, as well as reducing the level of victimization of minors.

Purpose of Research. Russia and foreign countries are faced with an unprecedented growth of cybercrime, causing enormous harm to states, businesses and individuals, and the low efficiency of implemented measures to combat it. Issues of definition of concept, essence of cybercrime and list of crimes constituting it, as well as law enforcement practice of combating it are referred to the number of relevant and sufficiently reflected in scientific literature. Of interest is the state and trends of cybercrime in foreign countries and the problems arising in countering it. The purpose of the study is to establish the status, basic trends and structure of cybercrime in Russia and foreign countries, as well as identifying the main directions of counteraction to it. Conclusions. The author notes that cybercrime is recognized as a complex transnational problem and represents a serious social danger. In spite of realized measures of counteraction to cybercrime and its high rate of latency in 2021 there was an increase in both the number of reports of crimes committed and the total amount of damages caused. The U.S. and the U.K. traditionally lead the world's top 20 countries affected by cybercrime. The threat of digital attacks continues to grow, organizations around the world are spending more and more money on cybersecurity, trying to circumvent such violations, but only a set of preventive measures implemented on a regular basis at the international, national and private levels will achieve positive results in the fight against cybercrime.

The purpose of the study. The issues of using the results of operational investigative activities as evidence in criminal cases in criminal proceedings are considered. It is noted that Article 89 of the Criminal Procedure Code of the Russian Federation, which establishes a certain prohibition for the use in proving the results of operational investigative activities in criminal cases, does not actually work, but rather is ignored, due to the objective need to use information obtained under the Federal Law "On Operational Investigative Activities" in proving. At the same time, attention is focused on the information component of the information obtained during the implementation of operational investigative measures. It is noted that not all information obtained by operational units can be directly used in proving criminal cases. The author concludes that it is necessary to differentiate the information product obtained within the framework of the Federal Law "On ORDO", in order to develop theoretical criteria for highlighting the results of the operational search.

In this study, the author determines the scope and intensity of the use of criminal legal instruments to counter corruption crimes. Economic (material) criminal-legal repression and personal (non-material) criminal-legal repression, indicators and criteria for their implementation are highlighted. The author calculated the average term of imprisonment for one of the most common corruption crimes - taking a bribe, and also on the basis of a comparative method of legal research correlated the volume and intensity of criminal repression directed against persons who violated such a ban with similar indicators when persons commit crimes against life and health, as well as crimes against property. The conclusion is substantiated about the high level of criminal law regulation of this social sphere, which does not lead to the achievement of the goals announced by the highest officials of the state.

The article deals with problematic issues arising at the initial stage of the investigation related to the need to seize items and documents. The theoretical aspects of the legality of the seizure and search when considering reports of a crime, the possibility of their production before the initiation of a criminal case are analyzed. The authors make proposals to overcome the problems that arise when objects and documents are seized. The authors propose to clarify what is meant by withdrawal in the manner prescribed by the criminal procedure legislation.

This article is devoted to the consideration of the practical features of the qualification of acts for the commission of which criminal liability occurs if it turns out that they are aimed at non-execution of certain judicial acts. The relevance of the research topic is determined by the fact that the range of human rights is extremely wide, while the state has undertaken to protect them from illegal and unjustified encroachments. In this regard, everyone has the right to apply to the court for the protection of their rights and interests (part 1 of Article 46 of the Constitution of the Russian Federation). Currently, the activities of domestic courts are focused primarily on the correct, timely and full-fledged consideration and resolution of cases arising from the existing legal relations. The purpose of this article, which consists in analyzing the practical features of the qualification of acts under Article 315 of the Criminal Code of the Russian Federation, largely depends on understanding the essence of the correct and timely execution of a court decision. As a general rule, any decision made by the courts on behalf of the Russian is correct, lawful and justified. Nevertheless, the law separately specifies the procedural aspects of making court decisions and establishes requirements regarding their legality and validity. In addition, the practical significance of the topic is confirmed by the importance of resolving competition between general and special rules. Taking into account these aspects, it is important to note that the protection of the rights of persons involved in the case is carried out, including through reasonable and balanced judicial decisions. In other words, non-execution of court decisions violates the basic foundations of the administration of justice in the Russian Federation, therefore, must be punished by law.

One of the oldest and largest systems of execution of punishment is located in the Republic of Mordovia. In the article, quantitative indicators of crime in places of deprivation of liberty are studied on the example of the Republic of Mordovia. On the basis of historical, comparative-legal formal-logical, historical, sociological methods and the method of criminal statistics, a study of the state and structure of penitentiary crime in the Republic of Mordovia for the period from 1997 to June 2021. This makes it possible to trace the patterns of changes in its quantitative and qualitative indicators, as well as to identify trends. Analysis of criminal statistics on this type of criminality showed that up to 2004, in correctional institutions located in the Republic of Mordovia, the main crimes committed were illicit trafficking in narcotic drugs and psychotropic substances. Since 2004, the above crimes have been predominated by those associated with disorganisation of institutions ensuring isolation from society. Traditional for places of detention crime falling within the scope of article 313 of the Criminal Code of the Russian Federation demonstrates a downward trend through-out the observed period, which is explained, inter alia, by the decrease in the number of convicts serving sentences in custody.