


卷 11, 编号 3 (2024)
- 年: 2024
- ##issue.datePublished##: 21.10.2024
- 文章: 13
- URL: https://journals.eco-vector.com/2410-7522/issue/view/9268
- DOI: https://doi.org/10.17816/RJLS.113
Trending topic
Current State and Emerging Trends in Financing Law Development
摘要
The current state of financial law is primarily defined by its subject matter. In contemporary conditions, the subject of financial law has evolved significantly, driven by the active development of its structure and, most notably, the emergence of new financial and legal institutions within decentralized finance. These institutions include state and municipal unitary enterprises, state and municipal institutions, state corporations, and public law companies. The growth of decentralized finance has been a prominent trend in the modern era, with considerable potential for further expansion. Financial and legal regulations, in general, serve to safeguard the public interests of the state and municipalities. However, it is important to acknowledge that, with the expansion of decentralized finance, the subject of financial law, considered the most fundamental indicator of the current state of this legal branch, should be understood not only in terms of the financial activities of the state and municipalities but also concerning the financial activities of entities, including non-state actors, that are tasked with executing public functions.



Principles Governing the Exercise of Discretionary Powers by Public Authorities: Systematic Structure and Constitutional-Legal Foundation
摘要
This study aims to substantiate the need to establish a modern system of principles for the implementation of the discretionary powers of public authorities as a fundamental element of their operational mechanism. This study provides an overview of the principles of the principles governing the exercise of discretionary powers, as outlined in international and national legal frameworks. Key principles such as the rule of law, legality, reasonable restraint, equality, legal certainty, objectivity, impartiality, and proportionality are identified, and their constitutional and legal interpretations are analyzed. Special attention should be given to the importance of constructing a coherent system of principles for exercising discretionary powers. The following classifications are proposed:
1) Fundamental principles: the rule of law and legality is of paramount importance in shaping the legal institution of discretionary powers;
2) General principles: proper use of discretionary powers, equality before the law, objectivity, impartiality, and reasonable timeframes;
3) Special principles: proportionality and constitutional restraint. In addition, the principle of prudentiality is highlighted as a distinct principle, despite its absence in national legislation, as it is applied in the practices of certain authorities. This study concludes that the formal legal establishment and practical application of the aforementioned principles not only share the nature and outcomes of interaction between public authorities but will also provide robust guarantees for the rights, freedoms, and legitimate interests of individuals and organizations, protecting them from abuse and arbitrariness



Federal Territory: Constitutional and Legal Regulation Development
摘要
This article examines the legal status of federal territories as public law entities in the Russian Federation, which emerged as a result of the 2020 constitutional reform. This article discusses issues related to constitutional terminology, the constitutional-legal status, and legal regulation of federal territories, along with an analysis of the practice implementation of the constitutional provisions governing these territories. The specific features of existing federal territories in the Russian Federation and in foreign countries are also reviewed. The necessity for further development of the novelty introduced by the Constitution of the Russian Federation regarding federal territories is underscored, including a discussion on the unique tax regime applicable to these territories.
The article employs several scientific methods, including the comparative-legal method and the formal legal method, with additional methods such as analysis and synthesis also utilized.
Conclusion: Despite the short period between the establishment of the first federal territory and the development of its legal framework, several distinctive characteristics have also emerged in Russian legislation. An analysis of Russian constitutional law reveals key features in the exercise of public authority in this new public law entity. When comparing approaches to public authority in other countries, the models of India, Brazil, and Canada were chosen for comparison. It was found that Russia’s form of public authority within federal territories is unique and does not fully align with any of the models seen in these foreign states.
However, Russian legislation currently lacks a comprehensive law that regulates federal territories as a whole. At present, the only federal territory established in the Russian Federation is the Sirius federal territory, and its legal status is governed by the federal law “On the Federal Territory ‘Sirius’”. This highlights the need for further development of a broader normative framework that regulates the status of the federal territory. Such a framework would not only solidify the legal status of the Sirius federal territory but also provide for future federal territories yet to be formed



Theoretical and historical legal sciences
The Role of Machine-Readable Law Technologies in Ensuring the Stability of Public-Government Communication
摘要
The relevance of this study stems from the rapid pace of digitalization and the widespread adoption of innovative digital technologies, particularly in public administration, alongside the significant political and legal changes that have ensued. The transparency and clarity of procedures for governing interaction between citizens and the state are expected to bolster the support and approval of management decisions, thereby enhancing the stability of public-government communication. Machine-readable law technologies can serve as tools for regulating these relationships. This study aims to analyze the use of machine-readable law technologies to ensure the stability of public-government communication under modern conditions. While the advantages of these technologies in the legal field are evident, attention must be given to potential challenges and risks, such as ensuring the accessibility of legal text, maintaining transparency, and addressing personnel-related issues. This study concludes that the implementation of machine-readable law technologies must be conducted with deliberate caution, incorporating expert opinions, sociological studies, and other specialized assessments. Mechanisms of public control and oversight by the professional community must also be involved. A joint human-machine approach to governance appears most promising, as it substantially mitigates the identified risks.



Public law
Legal Status of the Military Police in the Armed Forces of the Russian Federation
摘要
This article examines the legal status and main functions of the military police within the Armed Forces of the Russian Federation. The article supports the argument for classifying the military police as law enforcement agencies.



Acts of Entities Involved in Disciplinary Charges Against Civil Servants
摘要
This article presents a legal analysis of external methods for limiting discretion in the process of holding civil servants accountable for disciplinary violations. This article addresses the application of acts by various entities involved in disciplinary proceedings, such as prosecutor’s submissions, and decisions issued by control and accounting bodies, authorized officials, and other relevant authorities. The findings suggest that the scope of entities involved in disciplinary charges must be clearly defined under disciplinary service legislation. Additionally, the authority of these entities to issue and transmit acts mandating the consideration of disciplinary liability should be codified into sectoral laws.



Private law
State Protection of the Family, Motherhood, Paternity, and Childhood: Examining Jurisdictional Challenges in Divorce Cases
摘要
The author argues that, currently, courts lack the procedural tools, specialized professional training, and sufficient time to adequately protect the rights of minor children during divorce proceedings. This situation highlights the urgent need for the development of a more effective extrajudicial mechanism to ensure state oversight of parental compliance with the rights and interests of minor children in divorce cases. The proposed procedure is based on the concept that, in addition to courts, other authorities within their respective competencies should oversee the legality of decisions related to divorce proceedings. Specifically, courts should handle legal disputes; registry offices should manage the registration of civil status acts, and guardianship authorities should monitor the protection of the rights and legitimate interests of minors and disabled family members in contentious situations



Balancing of Counterclaims as a Legal Construction Similar to Set-off
摘要
This article examines the application of set-off under Article 410 of the Civil Code of the Russian Federation within bankruptcy procedures, highlighting the limitations imposed by proportionality and claims priority rules. These restrictions often conflict with economic feasibility, leading to the emergence of a legal construction known as the balancing of counterclaims in judicial practice. Although balancing of counterclaims functions similarly to set-off, it circumvents the statutory limitations traditionally applied to set-off. Despite its practical utility in addressing set-off admissibility issues in bankruptcy, the concept lacks proper legal justification. This article explores the legal nature of balancing counterclaims, its distinctions from set-off, and its criteria and application procedures. The article begins by examining the historical evolution of balancing counterclaims and the rationale behind their distinct terminology. A comparative analysis with set-off under Article 410 of the Civil Code is conducted, focusing on the grounds for obligations termination, purpose, scope, and procedural applications. Key differences between the two concepts are in their goal and limited application scope, allowing balancing counterclaims to operate beyond the proportionality and claim priority constraints. Additionally, the article delves into potential penalties and the security functions associated with balancing counterclaims. In conclusion, balancing counterclaims can be best understood either as a legal construct derived from traditional set-off principles or as a criterion for determining transaction admissibility, including set-off, within bankruptcy contexts.



Criminal law
Expanding the Role of Molecular Genetic Expertise in Crime Detection and Investigation
摘要
Molecular genetic testing using DNA plays a crucial role in the field of justice. Beyond the analysis of genomic DNA sequences, advanced methods such as mitochondrial DNA analysis, epigenetic marker identification, and RNA profiling are being developed. A particularly promising approach is forensic phenotyping, which involves predicting human characteristics from DNA samples, including appearance, biogeographic origin, and age.



Promising Directions for Modernizing Legal Regulations on Non-Custodial Sentences and Criminal Measures
摘要
The reduction of criminal repression has gained recognition in modern criminal law, embraced not only by proponents of humanistic principles in criminal justice but also by advocates of a rationalistic approach to maintaining law and order in society and the state. A prevalent trend in modern penitentiary policy is the expansion of legal boundaries and practices involving criminal penalties and measures not involving the isolation of convicts from society. Strategic planning documents for the development of the penal system of the Russian Federation emphasize ongoing modernization efforts, particularly the adoption of alternative state coercive measures to imprisonment. However, an analysis of law enforcement practice reveals divergent trends that characterize the current state of penitentiary policy. Understanding these trends demands careful attention from the scientific community, legislators, and law enforcement authorities.



The Testimony of Suspect and Accused Individuals as Evidence in Criminal Proceedings
摘要
Recently, the issue of providing evidence in criminal proceedings has gained significant relevance. The outcome of a criminal case heavily relies on the accuracy and clarity with which evidence is presented. This article examines a specific type of evidence: the testimony of a suspect or accused, highlighting its unique features. Notably, the legal definition of the subject of such testimony is not explicitly outlined in the law. Furthermore, it is important to recognize that the legislative regulation of testimony differs from the procedural status of the individual being interrogated. Interestingly, the legislator assigns less legal weight to the confession of the accused compared to other forms of evidence. Three levels of the subject of proof in criminal cases were identified. In conclusion, it is emphasized that a clear distinction must be made between the content of testimony subject to proof in a criminal case and the information required to substantiate only the procedural circumstances of the case.



International law
Impact of International Law Fragmentation on the Development of Integration Processes
摘要
This article analyzes the relationship between the phenomenon of fragmentation of international law and integration processes aimed the modern global transformations. Various approaches to understanding the fragmentation of international law are considered, including its causes, forms, and consequences. The article examines how fragmentation impacts the functioning of international integration entities, the development of interstate relations, and the effectiveness of international legal regulation. Particular emphasis is placed on the role of fragmentation as a conducive factor for the advancement of international integration and the establishment of specialized legal regimes within integration associations. Consequently, the degree of fragmentation in international law within established regions correlates with the level and depth of integration. In the current context, the fragmentation serves as a favorable element for participating states in fostering their integration interactions. In addition, international law functions as a crucial instrument for regulating these integration processes. The methodological foundation of this article comprises well-established general and specific methods of scientific research. The article’s purpose and objectives are to investigate the degree of influence and the nature of the interaction between the fragmentation of international law and modern international integration processes.



International Legal Guiding Principles for State Activity in Cyberspace
摘要
The rapid development of information technologies and the emergence of cyberspace as a new domain of state activity raises critical questions regarding the regulation of state actions within this space under international law. It is evident that international law applies to cyberspace; any contrary approach would create a legal vacuum, implying that states lack international legal obligations related to cyberspace and undermining state sovereignty in this new realm. Given that states are the primary subjects of international law, denying their applicability to cyberspace is existentially untenable. Despite the clear applicability of international legal principles to cyberspace, international law, like law in general, is often rigid and fails to keep pace with rapid technological advancements. Consequently, a key challenge in the international legal regulation of cyberspace is the specific application of international law in these contexts. This leads to several fundamental questions: How do the fundamental principles of international law apply to cyberspace? What is the effect of sovereignty in cyberspace? How are cyber operations attributed to the state? How is cyber-armed conflict regulated? This article addresses these fundamental issues of international legal regulation in cyberspace. Based on the findings of this research, draft guiding principles for state activity in cyberspace were proposed, which could serve as the foundation for an international methodological document, offering an alternative to the unrepresentative Tallinn Manual and potentially paving the way for a future universal international treaty in this area.


