Vol 10, No 6 (2020)

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

With the advancement of world globalization and economic integration, the demand for outstanding foreign-related legal talents is increasing. After years of practice, Shanghai University of Political Science and Law has emerged in a number of international competitions and formed a unique management system for training foreign-related legal talents. The practice management of international moot competition includes centralized management, teaching management, scientific research management and autonomous management. The mutual coordination of the above management methods can effectively improve the ability of law students to analyze and solve problems, help them better adapt to the international practice environment in advance, and provide a replicable and popularized mode for long-term cultivation of outstanding foreign-related legal talents.

The urgency of the issue is determined by the disregard of the international community, especially the United States and its allies, of the will of the Palestinian people to create their own state. The article is devoted to the problem of creating a sovereign Palestinian state. Palestine currently remains a hostage of intermediary States, especially the United States, which does not allow direct negotiations with Israel on the return of the occupied territories, the solution of the refugee issue, the regulation of the status of Jerusalem, and other problems. The Palestinian authority does not have state sovereignty as an integral state entity. The author, after analyzing various projects on the settlement of the Palestinian-Israeli conflict, comes to a disappointing conclusion that it is impossible to achieve the goal of creating a Palestinian state through the assistance of the international community, primarily the United States and the European Union. Due to the current circumstances, it is not possible to hold direct Palestinian-Israeli negotiations. As a conclusion, it is noted that the us monopoly influence on the negotiation process is not productive. To solve this problem, we need a wider range of intermediaries, including international organizations, global and regional actors. Success is possible if the leadership of Israel is inclined to compromise, agreement is reached in Israeli society on the creation of a Palestinian state, and internal contradictions are overcome in the Palestinian society, first of all, the intra-elite split, which further pushes the prospect of the creation of a state of Palestine. The work is based on General scientific research methods and works of Russian and foreign researchers. Empirical data are taken from open sources.

The purpose of the study. The article considers the problem of taking into account and analyzing factors affecting the political consciousness of modern Russian youth. Theoretical and scientific-instrumental approaches of foreign and domestic political scientists and sociologists to the study of the political consciousness of youth, motives and archetypes of political behavior are analyzed. Socio-psychological, economic and political factors of the political consciousness formation and transformation of young Russian voters are identified and investigated. The purpose of the study is to substantiate the need to develop in Russian political science a methodology for analyzing the factors of modern Russian youth political consciousness, as well as to make copyright proposals for the development of this methodology. Conclusions. The author concludes that methodological approaches to studying the political consciousness of young people exist in Western European and American socio-political science (the concept of a “purposeful voter”, political behaviorism, globalization and virtualization of the political and social space) need some adjustment in relation to the study of the political consciousness of Russian youth. We must take into account the peculiarities of the national mentality such as antinomies of political consciousness, irrational motives for political participation. Another important factors are: specifics of the functioning of the Russian political system (“catching up” with the nature of political modernization, underdeveloped forms and mechanisms of political participation, scarcity of electoral democratic experience) as well as modern challenges and risks of the development of Russian statehood (multiple crises of socio-economic and political nature, characteristic of turbulence). The political consciousness of Russian youth, like the youth of any modern state, is characterized by instability and a tendency to radicalism. The political archetypes inherited by modern Russian youth from the generation of the 1990s do not contribute to the harmonization of their political consciousness. In these conditions, the most important theoretical and applied task of Russian political science is the development of a methodology for identifying and analyzing political factors that affect the political mentality of young voters in modern Russia.

The article is devoted to the study of the connection between the doctrine of constitutional identity with the doctrine of “counter-limits” and the doctrine of “ultra vires”. All these concepts are applied in the practice of European constitutional courts in cases related to the resolution of conventionally constitutional conflicts. Since the doctrine of “constitutional identity” in domestic theory and practice is in its infancy, in the author’s opinion, it is necessary to take into account the foreign experience of protecting national constitutional identity. And also carefully consider all related concepts, such as the doctrine of counter-limits and the doctrine of “ultra vires”, paying special attention to the topic of their relationship. The author, analyzing the doctrine of “counter-limits” and the doctrine of “ultra vires”, comes to the conclusion that these doctrines, along with other instruments for protecting national constitutional identity (the doctrine of the margin of appreciation), can be used in relation to the dispute between the Constitutional Court of the Russian Federation and the ECHR on “the right of the last word”.

The article is devoted to the problem of spiritual and moral education of personality in the conditions of modern Russia. Some aspects of the existing meaning of life attitudes, spiritual and moral characteristics of society are considered, ways of solving problems of a legal and moral nature in conditions of social changes are proposed. Particular attention is paid to examining the relationship between morality, law and patriotism in the system of personal perception. In modern conditions, great attention must be paid to monitoring the spiritual and moral characteristics of Russian society, its moral and ethical state. Specific data from such studies will make it possible to draw a conclusion taking into account specific territories, forming a visual “matrix” with territories where improvements are needed in relation to spiritual and moral values. The results of sociological research will help to see exactly where such work is needed. This is especially true of patriotic education, forms and methods, according to which it is recommended to carry out this kind of activity. In the process of creating methods, it is necessary to abandon the experience of building patriotism based on ineffective measures, without taking into account the historical specifics and specific statistics. It is important to take into account the situation on the ground, public opinion, the presence or absence of a systemic crisis, the situation in the field of human rights. In addition, it would be very useful to create patriotic applications on smartphones, where it would be possible, in a game or other form of active interaction, to gain knowledge about Russian history, heroic deeds of the past, and about the prospects for people with developed moral and ethical qualities. Outside of the separation from digital technologies, it is possible to give meaning to life not only to young people, but also to those who are already of age, by teaching them how to use the latest digital technologies and take advantage of high-speed Internet. It is necessary to create a complex toolkit, which would take into account all aspects of the conditions and circumstances under which effective and comprehensive patriotic and spiritual and moral education is possible.

There is a research gap in the study of interest groups in the social sphere, arguing the possibility of examination the activities of all-Russian public organizations of the disabled, blind, and deaf in interaction with the state authorities in the Russian system of social protection of disabled people. The context of reforming the social sphere in Russia is important because it is suggesting the opposite to conservative principles the transition to market relations and effective management of institutions of social protection. The researchers consider public organizations created in the USSR as of “the power transmission belts” of the state, however these actors may represent interest groups preserving the conservative practices in the social sphere. The aim of the article is to verify whether all-Russian public associations of people with disabilities are interest groups in Russian social policy. The investigation compares the actions of conservative nongovernmental organizations with the theoretical characteristics of interest groups. To argue that the selected actors promote certain interests in the social protection system, a review of the research literature of characteristics of interest groups was conducted. Then, the characteristics were traced in the statutory activities of the investigated organizations. The analysis of the legislation and statutory activities of All-Russian organizations of people with disabilities revealed the possibilities of the organizations to influence political decision-making in relation to persons with disabilities, as well as to contribute to the persistence of the conservative course of social policy, despite the introduced innovations in Russian legislation.

The study is devoted to the currently popular issue of memory and forgetting. In connection with the resonant global events on the demolition of monuments, the socio-philosophical analysis of this problem seems relevant. The research methodology is Niklas Luhmann’s theory of “autopoietic” social systems. Within the framework of this concept, it is paid a special role to memory as a regulator of intrasystem reference. It works as a function of forming the boundaries of the system based on past events and distinctions. Memory is understood as a necessary tool that constitutes the current state of the system. Within the framework of the trend of “social constructivism”, to which N. Luhmann’s theory belongs, language is considered the basis of social “framing”, memory captured in words. Therefore, considerable attention is paid to the etymology and history of the concepts of memory/forgetting, as well as the dynamics of changes in semantic connotations. On the example of the distinctions adopted in archaic Greece, which is the “cradle” of Western European culture, the main mechanisms of memory/forgetting are considered and the semantic core of this opposition is indicated. Particular attention is paid to the objects and methods of memorization in an archaic society. Memory as a regulator of semantic distinctions in ancient Hellas kept the basic principles in society that determined the sphere of right behavior. The external expression of these principles was allowed to be fixed in material objects if it satisfied the criteria of significance for the polis. In the conclusion of the study, an analogy with modern society is proposed, in which the “monopoly” on socially significant memory belongs to the state, which seeks to preserve its “imaginary” construction of social reality.

Objectives: Particular issues of comparative analysis of the liability regulation for the breach of duties of the juvenile person upbringing in the criminal law systems of Russia and foreign countries are relevant to the theory and practice of criminal law. This reason is conditioned by the need of their in-depth study so as to improve Russian criminal legislation and to extend the practical application of the criminal law norms specified in the Article 156 of the Criminal Code of the Russian Federation as well as to implement its preventive potential. Research methodology: Comparative legal study of the main categories and concepts used to accurately and correctly determine the constructive signs of the investigated criminal encroachment is done by dialectical, comparative, technical and logical methods. Summary: The article reveals the provisions on the specifics of the qualification of personal actions that consists in breach of duties of the juvenile person upbringing under the Russian criminal code. This reason demands a competent scientific and legal assessment upon the experience of their legal regulation in the norms of foreign criminal law. Conducted comparative analysis of criminal legislation, a synthesis of the views of individual scientists-lawyers are allowed to form a holistic view of the institution of responsibility for committing a crime under article 156 of the Criminal Code of the Russian Federation and to identify the main problems that show up at the constructive tagging of this act. Within the framework of this article, a change of the norm wording of the Article 156 of the Criminal Code of the Russian Federation would be justified by the need to implement the particular provisions of the criminal legislation of individual foreign countries. Therefore, this action will help to increase the effectiveness of its application. Significance: The research provisions can be used for teaching of criminal law courses and for practical implementation of criminal nature of the offense.