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Vol  6 - No 2 (2021)

 Theory, history and practice of legal regulation of public relations

  ALBOV ALEXEY PAVLOVICH

  • DISTINCTIVENESS OF SOURCES OF PUBLIC AND ADMINISTRATIVE LAW (PHILOSOPHICAL AND LEGAL RESEARCH)

 Annotation. The article makes an attempt to consider the dialectics of the dualism of private and public law, showing the role of the state and the set of legal norms through which public administration in the state, community and association is carried out and with the help of which the social law of all political communities in the state is and the rights of citizens to their free will. Purpose: to prove that public law, which includes administrative law, is also private law based on reason, if it has become a positive law, since regardless of whether the subject of the law is a state body, a legal entity or an individual, public and administrative law accumulates in itself legal values, and legal doctrines, and moral attitudes of the whole society.

Methodology: in the process of preparing the article, the historical-legal method, analysis and synthesis of historical-steam doctrines of German idealism was used.

Result: the norms of administrative law serving the public interest belong to public law, and the legal norms serving the individual interest belong to private law, however, various norms of public law are aimed not only at protecting the general, but also the individual interest and, conversely, numerous normative acts, related to private law also serve the public interest.

Conclusions: while legitimizing the fundamental rights of the individual, the state at the same time assumes obligations by itself, limiting the sphere of its public influence by means of administrative norms; law, arises in parallel with the state and at the same time becomes a limiter of the arbitrariness of state influence on the subjective private-law relations of free citizens.

Keywords: administrative law, public law, state, private law, sources of law, state contract, collective will.

 

BELOVA IRINA EVGENIEVNA 

  • INHERITANCE RELATIONSHIP AND PRINCIPLES OF LAW: BASIC ASPECTS OF MANIFESTATION 

Abstract. The relevance of the article is associated with the legal category "principles of law", which will always be an important tool to link the philosophical and legal-dogmatic understanding of law, including hereditary law. Through the principles, the general concept of law is revealed and concretized, and its essence is expressed. The basis of specific legal prescriptions of hereditary relations, which determine the model of legal relations of subjects of inheritance law, are precisely the principles of law. It is in this way that stability, consistency and, most importantly, the regulatory nature of the regulation of hereditary relations are ensured.

The purpose of this article is to analyze the basic principles of inheritance law and legal relations, their correlation with the general principles of law.

The key problem will be the analysis of the doctrinal concepts of the principles of law from the point of view of their application in inheritance law, as well as the correlation of general principles of law with special principles of inheritance law.

The article includes sections devoted to: to characterize the system of principles of inheritance law and legal relations, to characterize the principles of law, to reveal their classification in relation to tax legal relations, to characterize the concept and essence of freedom of expression, to consider the protection of legitimate interests in inheritance as the main principle of inheritance law, to characterize the problems and prospects for the development of the basic principles of inheritance law in Russia.

In conclusion, we note that the problems of the basic principles of inheritance law in Russia at the present stage are associated with various and numerous circumstances. So, at the legislative level there is no consolidation of the category of the principles of inheritance law themselves.

 Keywords: principle of law, civil law, inheritance law, general principles of law, special principles of law, inheritance, bankruptcy

 

  MEYLIS EKATERINA BORISOVNA

  • THE GENESIS OF THE ABKHAZ STATEHOOD UNDER THE INFLUENCE OF ANCIENT CIVILIZATIONS 

Abstract. The question of the formation of statehood, its evolution and the restoration of sovereignty is currently of special scientific interest, these circumstances caused the relevance of this article. The purpose of this article is to study the influence of ancient civilization on the statehood of Abkhazia, which had its own institutions of organization of society and law. The main task of the author of the article is to substantiate the special path of development of the Abkhazian statehood, which contributed to the establishment of an independent state-legal entity-the Abkhazian Kingdom. 

The research presented in this article allowed the author to come to the following conclusions: the origin of the statehood of Abkhazia began in ancient times under the influence of ancient civilization; the natives of Miletus and Sparta had a special influence on the development of the state and legal institutions of Abkhazia; ancient civilizations had not only a political and legal impact on Abkhazia, but also on its economic, cultural and religious life; the legal system of Abkhazia was also formed under the influence of the legal tradition of the ancient world; the strengthening of the sovereignty of Abkhazia in the period under review was made possible by the complication of the organization of society and the development of law on the models of ancient polis states.

  Keywords: Abkhazian state, Abkhazian law, statehood of Abkhazia, sovereignty of Abkhazia.

 

 PIKIN IVAN VIKTOROVICH

  • THE CONCEPT, TYPES AND RESPONSIBILITY FOR TERRORIST CRIMES IN THE CRIMINAL LAW OF FOREIGN COUNTRIES

Abstract. The article is devoted to the consideration of such an urgent issue as responsibility for terrorist activities, various approaches to consolidating in the criminal legislation of the Russian Federation, countries of the near and a number of foreign countries, the foundations of combating terrorist crimes. The aim of the work is to study the institution of terrorism (terrorist act) in Russia and foreign countries, compare existing legislation, study the qualifying signs of a terrorist act, issues of criminal responsibility for terrorist crimes. In the process of analyzing the criminal legal characteristics of a terrorist act in the countries of the near and far abroad, the author assesses the corpus delicti both from the point of view of legislative techniques and from the side of states' counteraction to these crimes. The author notes that the criminal legislation of a number of foreign states not only does not contain signs of terrorist crimes, but also has the right, at its discretion, to consider certain circumstances as grounds for criminal prosecution, guided by the fundamentals of state security. Also in the process of research, the author emphasizes that states independently choose the direction of the fight for terrorist crimes. These directions are determined taking into account the territorial disposition to regions with terrorist and extremist ideas, taking into account the containment of the population from ideas of a terrorist nature, taking into account the stability and security of society and the state as a whole.

Keywords: terrorism, terrorist act, socially dangerous encroachment.

 

 SVIRIN YURI ALEXANDROVICH

  • DIVERGENCE OF LEGAL PROCEEDINGS AND JUSTICE: A THEORETICAL AND LEGAL STUDY

 Abstract. The relevance of the article is determined by the fact that the legislation and doctrine do not separate such legal categories as legal proceedings and justice. In scientific articles and educational literature, the authors most often use these terms as synonyms. In this connection, the purpose of this article is: to investigate the gnoseological essence of "justice" and "legal proceedings"; identify the features of justice, show the difference between justice and legal proceedings. Result: it has been proven that legal proceedings are inherent in any state, including an authoritarian one, but justice is only a function of a democratic state. The author postulates that the principle of separation of three powers is enshrined in the Constitution of the Russian Federation, while four powers have developed and are functioning in Russia, and the fourth, the presidential power, prevails over the other three powers (executive, legislative and judicial). The paper concludes that justice can only be carried out by an independent court, including from the presidential power, otherwise such legal proceedings cannot be considered justice. Methodology: during the research, general scientific methods of cognition were used, including the principle of objectivity and consistency. Along with general scientific methods of cognition, special scientific methods were used: theoretical analysis, comparative jurisprudence, technical and legal analysis, concretization, interpretation. The methodological basis of the research was the method of the theory of knowledge.

Keywords: justice, legal proceedings, the principle of separation of powers, independence of the judiciary.

 

 SHEPELEV DENIS VIKTOROVICH,SHUSTOV GLEB OLEGOVICH

  • LEGALITY OF ECONOMIC SANCTIONS FROM THE PUBLIC INTERNATIONAL LAW PERSPECTIVE

Abstract. This article examines the legal features of economic sanctions from the public law perspective. This topic is highly relevant due to the increased incidence of unilateral sanctions and trade wars.

Purpose. The main purpose of this work is a comprehensive study of the legality of sanctions from the point of view of Public international law and methods of their application, as well as the relationship between state sanctions and the generally recognized principles of international law.

The key problem. The study raises the problem of unilateral sanctions by countries aimed at achieving political interests, and the possibility of creating uniform rules for the application of sanctions.

The article includes sections devoted to: Defining the concept of sanctions;, UN Security Council Positions on Sanctions; Sanctions regimes imposed by states and international organizations; Suggestions of possible regimes for imposing sanctions in the future.

Conclusions of the article. The main conclusion of the article is the need to create common rules for all states in relation to sanctions and an international register of restrictive measures, containing all existing sanctions

Keywords: Sanctions, International law, economic sanctions, international legal order, UN Security Council, international law, law, digitalization 

ACTUAL PROBLEMS OF MODERN LAW

APKAEV DAMIR MARATOVICH, PIKIN IVAN VIKTOROVICH 

  • PROBLEMS OF QUALIFICATION OF THE MURDER COMMITTED WITH SPECIAL CRUELTY

Abstract. Traditionally, murder is recognized as the most dangerous crime against life. Murder causes irreparable harm, depriving a person of the most valuable of his goods - life. Modifications of this type of crime vary, and sometimes very significantly. Murder can be committed under different circumstances, which often affects the qualification of the crime. So, one of the qualified types of this crime is murder with special cruelty. The definition of this attribute causes certain difficulties, since the law does not explain what is "special cruelty" and the solution of this issue remains a burden of judicial practice.

The purpose of the study is to consider the criminal - legal problems of the qualification of murder committed with special cruelty and to propose ways to solve them.

Special cruelty is quite difficult to define. The greatest difficulty is caused by the signs according to which it is qualified. The work is devoted to one of the current topics related to the qualification of murder committed with special cruelty. The article describes the special cruelty. A distinction is made with adjacent trains.

We believe that the concept of "special cruelty" is very difficult to accurately interpret and causes great difficulty in qualifying these acts. Misinterpretation of this category has a negative impact. The problem is that often" special rigidity " is taken as rigidity in the ordinary sense. Therefore, the criminal legislation in this area needs to be improved in order to avoid an unjustified expansion of the application of paragraph " d " of part 2 of Article 105 of the Criminal Code of the Russian Federation. Based on this, the criminal law regulation of murder committed with special cruelty needs to be improved. 

Keywords: murder, special cruelty, rules of qualification, judicial practice, victim of crime.

 

 ALBOV ALEXEY PAVLOVICHGONCHAROV DANIIL EVGENIEVICH

  • ABOUT THE PROBLEM OF FORMING ELECTION COMMISSIONS IN RUSSIA

Abstract. Relevance. The method of forming election commissions does not fully comply with the principles of their activities.

Purpose. The purpose of the article is to prove that the method of forming election commissions needs to be changed for their greater efficiency and independence.

The problem to consider. The article examines the features of the system for the formation of election commissions, why this system is not effective and how election commissions should be formed for more efficiency of their work.

Conclusion.  Election commissions should be formed through public institutions - Attestation centers for electoral law and process, consisting of legal scholars and practitioners in the field of the electoral process.

Keywords: elections; electoral process; legal status; election commissions; separation of powers theory

 

VASILIEVA OKSANA NIKOLAEVNA, SALAKHUTDINOV VLADISLAV DENISOVICH

  • LEGAL WAYS TO PREVENT THE NEGATIVE IMPACT OF THE COVID-19 PANDEMIC AND ITS CONSEQUENCES ON BUSINESS IN THE RUSSIAN FEDERATION: ANALYSIS AND ASSESSMENT OF MEASURES TAKEN BY LEGISLATIVE AND EXECUTIVE AUTHORITIES

Abstract. The relevance of this topic dues to the need to provide favorable conditions for business during a pandemic of COVID-19 on the part of the legislative power of the Russian Federation and to choose the optimal model of business support from entrepreneurs. The main purpose of the article is to analyze the measures to support business taken by the government of the Russian Federation and forecast the consequences of the introduction of these measures. The article researches the impact of the COVID-19 pandemic on business in the Russian Federation and the country's economy. The article analyzes the measures taken by the legislative and executive powers of Russia to prevent the negative impact of the consequences of the fight against COVID-19 on business entities. Based on the results of considering a number of normative legal acts and doctrinal positions, the authors conclude that the measures presented by the government are mostly of a suspensive nature and are not able to support for business at a critical moment.

Keywords: COVID-19, pandemic, business support, law, assistance to entrepreneurs.

 

NESMEIANOVA IRINA ALEKSEEVNA

  • IS IT POSSIBLE TO DISCRIMINATE AGAINST PENSIONERS IN A STATE GOVERNED BY THE RULE OF LAW?

Abstract. The pandemic period, which has affected almost all countries of the world, has raised many questions for states and society that did not arise before. These are, for example, issues such as state interference in the personal life and freedom of citizens, restrictions on movement, discrimination, and others. Discrimination can be considered in many aspects, such as restrictions on citizens who are not vaccinated against Covid-19, or older persons, or the establishment of quarantine for tourists from other countries. And this list of restrictions during the pandemic can be continued. The article is devoted to an ambiguous and controversial issue: the legality and expediency of introducing a special regime of movement for citizens of the Russian Federation over 65 years of age or persons classified as having severe forms of chronic diseases. This goal allows everyone to make a conclusion about what is preferable for the older generation during the pandemic: respect for civil liberties or concern for their safety. The relevance of the issue under consideration is that situations such as pandemics may arise in the future, and we need to be ready to solve emerging problems in the field of civil relations in advance.

Keywords: legal state, social state, pensioners, social groups, discrimination, civil legal relations, pandemic.

 

SHEPELEV DENIS VIKTOROVICH, KOROLEVA EKATERINA KONSTANTINOVNA

  • THE IMPACT OF DIGITALIZATION AND DIGITAL SPACE IN THE RUSSIAN FEDERATION: DEVELOPMENT PROSPECTS

Abstract. The relevance of the article is connected with the recognition of the digital space as legally significant, that is, actions that are embodied with the help of digital technologies and recognized as legal facts, require proper, reliable and protected identification of the subjects of legal relations.

The purpose of this research is to analyze the current state and prospects of the mutual influence of digitalization and digital space in the Russian legal system.

The key problem is that the concept of e-Government does not aim to replace the traditional system of public authorities or to transform the bodies, but in a certain sense it aims to increase the transparency and accessibility of their activities.

The article includes sections on the relationship between digitalization and law, digitalization and economics, digitalization and civil legal relations.

As the conclusions of the article, we note that digitalization does not create conditions for the development of new functions of either law or the state in the economic environment, but creates new forms and means of acquiring, changing and terminating the subjective rights and legal obligations of economic entities.

 Keywords: digitalization, modern Russian state, digital processes, legal forms, legal norms, law, russian legal system, digital technologies, digital government, blockchain, cyberspace

 

SHEPELEVA DINA VIKTOROVNA, ZAVYALOV MIKHAIL MIKHAILOVICH, LITVIN ARTYOM GLEBOVICH

  • THE ROLE OF AUDIT IN THE TAX CONTROL OF THE LARGEST TAXPAYERS IN THE OIL AND GAS SPHERE

Annotation. The correctness of accounting and tax accounting by the largest taxpayers in the field of oil and gas is of key importance for the formation of the tax base and the calculation of tax rates for the budgets of the budgetary system of the Russian Federation. The complexity of the technological process is directly reflected in emerging issues that are not directly regulated by law. In addition, the legal regulation of tax elements and taxation of the largest taxpayers in the field of oil and gas are formulated ambiguously.

The significant content of professional terminology interconnected with the need for legal support of the activities of a legal entity necessitates the involvement of specialized organizations - carrying out the correctness and completeness of the reflection of accounting and tax accounting data, the formation of the tax base and the determination of the tax rate. Judicial practice in economic disputes related to taxation issues of the largest taxpayers in the oil and gas industry is not unified on most of the controversial issues, therefore taxpayers need to take a stable legal position based on the letter and spirit of the law, confirmed by expert opinions and explanations of specialists on certain issues of mining tax regulation. minerals and tax on added income.Consideration of the role of audit activities in tax control over the largest taxpayers in the oil and gas sector is a conceptual issue for the formation of a consensus of opinions of the legal and economic professional community to level the controversial issues accompanying the professional activities of taxpayers, reduce financial costs and losses in the implementation of mining activities, and also reducing labor costs for tax officials. The purpose of the study is a conceptual question about the identification of the functional role of audit in the tax control of the largest taxpayers in the field of oil and gas.

The problem is the lack of an established substantive role of the audit in tax control of the largest taxpayers in the field of oil and gas, which lays down the risks of economic development and ensuring the predictability of tax costs of legal entities in the implementation of the main activities of taxpayers.

The scientific article includes the designation of the importance of the study of the largest taxpayers in the oil and gas sector, their role in the budget system, issues of functional interaction with audit organizers, ambiguous issues of judicial practice that can be resolved in the course of audit activities and the definition of the role of audit in tax control.

The conclusions of the scientific paper indicate the functional role of audit in tax control of the largest taxpayers in the field of oil and gas in order to diversify the risks of economic development and ensure national development goals.

Keywords: control, financial control, financial law, tax law, tax control, auditing, major taxpayers, oil and gas, audit.

 

THE TRIBUNE OF YOUNG SCIENTISTS

 

DEMIN SERGEY VIKTOROVICH 

  • DISCIPLINE IN CIVIL SOCIETY: HISTORY AND MODERNITY

 Abstract.  Problem statement: the article deals with the phenomenon of discipline in civil society. The relevance of the research topic is determined by the discussion about the acceleration of the development of civil society institutions. The problem of the imperfection of the civil society mechanism was noticed and corrected in time at the constitutional level. However, it is still too early to say that civil society institutions are self-sufficient.

Aims and objectives of the study: to analyze the phenomenon of discipline and self-discipline in civil society. To achieve this goal, a number of tasks are put forward:

- consider the retrospective state of discipline and self-discipline in society;

- to analyze the ideological heritage of the founder of Russian anarchism M. Bakunin;

- to identify the existing polar opinions of representatives of antagonistic political and legal schools on the phenomenon of discipline and self-discipline in society;

- to consider the state of discipline and self-discipline in society at the present stage.

Methods: on the basis of general philosophical, historical, comparative-legal, formal-legal methods, the mechanism of civil society reform through the strengthening of discipline and self-discipline is comprehensively investigated.

Results, brief conclusions: the article analyzes the theoretical background of the founder of Russian anarchism, M. Bakunin, who for the first time proposed to use the phenomenon of discipline and self-discipline as a supporting structure of a stateless society. The main thread in the article is the idea of Bakunin's revolt against the tyranny of the state in the works of the classics of Marxism-Leninism. The merit of M. Bakunin is that many of his freedom-loving ideas are just and therefore legitimate, which will undoubtedly be reflected in modern law-making activities.

It is concluded that in modern conditions, without an innovative understanding of discipline and self-discipline, it is hardly possible to reform the mechanism of functioning of civil society

Keywords: civil society, discipline, law, M. Bakunin.

 NOVIKOV ILYA VYACHESLAVOVICH, KEZLYADANIIL ANATOLEVICH 

  • PROBLEMS OF LEGAL REGULATION OF SURROGATE MATERNITY IN RUSSIAN LAW

Annotation: According to Rosstat, the birth rate in 2017-2018 decreased significantly compared to 2014-2015 (by about 340,000 children). Back in 2017, the population was on the rise, while in 2018 there is a decline in the population, despite the lack of statistics for 2020-2021 at the moment, given the coronavirus pandemic, the forecasts are coming disappointing.

Thus, the issue of fertility becomes one of the most acute in the Russian Federation. The state is interested in increasing the population and creating all available conditions for procreation.

But how can people who are not capable of reproductive function become happy and help their state with solving such a global problem? In this case, citizens who want to have children, but for health reasons, are deprived of this opportunity, resort to assisted reproductive technologies. One of the methods of VRT is surrogate motherhood.

The purpose of this work is to study the legal institution of surrogacy: its legislative consolidation and some aspects of law enforcement.

In order to achieve the goal of the study, the authors considered the following issues: The legislative consolidation of the term "surrogacy"; The sources of legal norms of this institution and the completeness of their regulation; The role of judicial practice in the conditions of fragmentary legal regulation; Consideration of foreign experience in order to better understand the picture of the consolidation of the legal institution of surrogacy;

The conclusion of the study is to identify a massive legislative gap and disparate judicial practice. One of the ways to solve this problem, the authors propose the adoption of a special federal law, which would reflect in more detail and in detail all the specifics of this institution in the realities of Russian society.

Keywords: assisted reproductive technologies, surrogacy, surrogacy agreement, responsibility of the parties, child rights.