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Vol  7 - No 1 (2022)

THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF PUBLIC RELATIONS

Sergey V. Lipen

  • CONCEPTS OF LEGAL ORDER: HISTORY AND MODERNITY

Abstract. The article discusses various options for understanding the legal order – one of the important categories of theoretical legal science.

The relevance of the problems of the article is due, on the one hand, to drawing attention to the category of "legal order" as one of the characteristics of the Russian legal system, on the other hand - insufficient systematic development of historical approaches to the study of the legal order.

The main goal of this work is to identify the patterns of historical development of conceptual approaches to the study of the legal order.

The problems under consideration. The article analyzes approaches to understanding the legal order, grounded in the political and legal doctrines of the XVII-XX centuries, in Soviet and modern legal science.

The methods used. The study was conducted on the basis of modern general scientific methodology. Along with general scientific methods, formal dogmatic, sociological, historical, axiological and other approaches were also used.

Conclusions. The category of "legal order" entered scientific circulation in the second half of the XIX century. It is used in two main senses - either as a system of norms of objective law, or as a system of relations that develops on the basis of different sources of law. It can be seen that each of the political and legal doctrines of the XVII-XX centuries expresses a certain concept of legal order. The systematic formulation of the problems of the legal order is given in the domestic legal science of the second half of the XX – first quarter of the XXI century. The current stage of development of the theory of legal order is characterized by different research approaches, the inclusion of virtual reality in the sphere of legal space.

Keywords. Legal order, law and order, space of legal order, structure of legal order, legal doctrines, digitalization of law, virtual legal space.

 

Ivan A. Ivannikov

  • LIQUIDATION OF THE USSR: AXIOLOGICAL AND LEGAL ASPECTS

 Abstract. The article is devoted to the legal aspects of the collapse of the USSR. It is noted that the adoption of certain decisions and legal acts was due to the ideological and political views of the subjects of state power. The purpose of the article is to prove the legal nullity of the acts on the basis of which the USSR ceased to exist as a subject of international law. Referring to the norms of the USSR Constitution of 1977, the laws of the USSR, the results of the USSR referendum of March 17, 1991, the author points out the main reasons for the collapse of the USSR. Among the reasons for the collapse of the Soviet Union were: the rejection of the values of socialism, the destruction of the political system of the USSR and the adoption of acts contrary to the Constitution and laws of the USSR, the main of which were the Belovezhskaya Agreement and the decision of the Council of Republics of the Supreme Soviet of the USSR to terminate the USSR.

Keywords: USSR, Constitution of the USSR of 1977, Laws of the USSR, referendum on March 17, 1991, Belovezhskaya Accords, Council of Republics of the Supreme Soviet of the USSR, collapse of the USSR.

 

Stanislav A. Vasilev

  • TO A DISCUSSION ABOUT THE NORMATIVE NATURE OF MUNICIPAL LEGAL ACTS AND THE OBLIGATION OF THEIR OFFICIAL PUBLICATION 

Abstract. Modern domestic legislation establishes that at the local level, municipal legal acts are adopted and operate. At the same time, the main division into normative and non-normative cannot be made. At the same time, law enforcement practice goes in such a way that such a separation is necessary to comply with the rules for appealing the relevant documents. The relevance of this study is expressed in an attempt to make such a distinction using a real example, returning to the discussion about a clear distinction between normative and non-normative acts, since there is an application request for this.

The main purpose of this work was to establish the normative nature of a specific municipal legal act, which canceled another. This attitude is due to the problems faced by legal entities who are subject to legal acts recognized by the justice authorities as non-normative or vice versa, from which the establishment of objective justice remains questionable.

The article consists of two sections, including the definition of the normative nature of the municipal legal act, which canceled the same document. The second section raises an important law enforcement problem concerning the official publication of such a document as a mandatory stage of the lawmaking process.

On this basis, some general conclusions were drawn that can be applied by courts and lawmakers at the municipal and state levels. The essence of the work done boils down to the need for a clear distinction between normative and non-normative legal acts, and the desirability of the official publication, if not all, then the majority of even executive and administrative documents, if this does not affect the rights and legitimate interests of any subjects.

Keywords: normative act; non-normative act; municipal legal act; official publication; lawmaking; legal information.

 

Damir M. Apkaev 

  • PRIVILEGES OF SUBJECTS OF INTERNATIONAL RELATIONS

 Abstract. The relevance of the study lies in the fact that the privileges provided by the norms of international law to consular posts, consular officials and international organizations play a significant role in ensuring the proper performance of the functions assigned to them.

The subjects of international relations require the granting of a wide range of privileges to them to carry out their tasks, regardless of any interference from the domestic legislation and courts of the host country or other states.

The aim of the study is a comprehensive analysis of the institution of privileges of subjects of international relations, the disclosure of trends in its development, the identification of opportunities for further improvement of this institution.

The main problem is the lack of a generally recognized scope of privileges for both consular offices and international organizations. This volume depends, initially, on the specific agreement between the subjects of international relations.

The article consists of several parts: the main problem arising in the exercise of privileges by the subjects of international relations is indicated; scientific literature on the research topic is reviewed and analyzed; the methods used in the research are revealed; the results of the research are indicated and conclusions are drawn in the final part.

The methodological basis of the research is the system of philosophical knowledge, which determines the principles and prerequisites for the study of social and legal phenomena in their constant development and interdependence, as well as a set of general scientific and private scientific methods of cognizing reality.

Based on the results of the study, it was concluded that the privileges that apply to international organizations and diplomatic missions have their own characteristics. Such privileges must be taken into account and observed unquestioningly, and, therefore, must be clearly expressed and spelled out in the treaties and statutes governing the activities of an international organization. 

Key words: international organizations, diplomatic missions, privileges, the United Nations.

ACTUAL PROBLEMS OF MODERN LAWS

Ivan V. Pikin 

  • FEATURES OF THE LEGAL STATUS OF CONVICTS TO PUNISHMENTS THAT ARE NOT ASSOCIATED WITH ISOLATION FROM SOCIETY, ASSOCIATED WITH THE FORCED INVOLVEMENT OF THE CONVICTED PERSON IN LABOR

Abstract. Annotation. The relevance of the research issues lies in the fact that the criminal policy of our state is aimed at expanding the possibility of imposing punishments that are not associated with isolation from society, associated with the forced involvement of a convicted person to work. The purpose of the study is to analyze criminal, penal enforcement and labor legislation on the legal status of a person in the process of applying punishments to him that are not related to isolation from society, associated with the forced involvement of a convicted person to work. The article examines the historical content of issues related to the legal status of persons in the process of applying criminal penalties to them, analyzes the norms of the current criminal and penal enforcement legislation in order to highlight the features of the legal status of convicts to punishments not related to isolation from society, associated with the forced involvement of the convict to work. In the process of analysis, the author analyzes the opinion of scientists who have devoted their scientific works to research in this direction and formulates his point of view regarding this legal institution.

Keywords: legal status, punishments, punishments not related to isolation from society, convicted person.

 

Evgeny A. Bezruchkin, Oxana N. Vasilyeva 

  • ON THE ISSUE OF STATE POLICY IN THE FIELD OF INVESTMENT AND TAXATION

Abstract. The authors in the article analyze the state regulation of investing in various assets, including cryptocurrency, which is focused on long-term investments. The uniqueness of the cryptocurrency is that all transactions are carried out without banks as intermediaries. According to the authors, at the moment the state policy in the field of investing in digital assets does not contribute to the development of investment activity. And the adoption of the Federal Law "On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation", which establishes the legal status of digital financial assets and digital currency, as well as the procedure for their circulation and transactions with it, did not contribute to investment activity. And taxation in this area leaves much to be desired. So today, the current tax legislation provides for taxation on transactions with securities (stocks, bonds and others). The article considers an individual investment account, by which the authors understand one of the varieties of a brokerage account, and the income received on it is also subject to taxation. An important feature of an individual investment account is that the tax base and tax deductions for it are considered separately from other accounts opened with the same broker. At the moment, an investment tax deduction is provided, which can be used by a taxpayer who has carried out certain operations, in particular with securities traded on an organized securities market, as a result of which he received income; deposited personal funds to his individual investment account; received income from transactions accounted for on an individual investment account. The procedure for granting investment tax deductions is established by Articles 219.1 and 221.1 of the Tax Code of the Russian Federation. The authors also studied the forms of taxation impact on investment activity. The purpose of this work is a systematic review of innovations and their impact on investment and taxation. The main object of the study is the federal legislation on taxes and fees, in particular in the field of investment. Federal laws, regulations of the Bank of Russia and the Federal Tax Service are being investigated. Attention is also paid to the words of officials, their proposals on the raised issue.

 Keywords. Investing, investments, taxation, tax, cryptocurrency, government regulation, financial assets, blockchain.

 

Vera V. Smirnova, Sergey A. Pravkin

  • PUBLIC-PRIVATE PARTNERSHIP AS A FACTOR IN THE DEVELOPMENT OF TRANSPORT INFRASTRUCTURE 

Abstract. This article discusses the development of investment relations that mediate investments in the transport infrastructure. It is noted that the legal regulation of investments is intersectoral. It is the provisions of transport and investment legislation in their combination determine the procedure for practical implementation of contracts related to investment investment. Of particular interest are in the investment process used in the practice of the model of public-private partnership. Public-private partnership is gaining great distribution in the world. The implementation of the PPP mechanism in Russian practice is not significant. The distribution of this mechanism is required, which has huge advantages, as it is a form of equal and effective cooperation between the state and business and has favorable consequences for the demonopolization of various spheres of the economy. PPP should ensure a more efficient distribution of financial resources and financial flow management. The aim of the work is to identify the main partnership models, which are successfully implemented in investment projects. Legal regulation of investments is intersectoral. It is the provisions of transport and investment legislation in their combination determine the procedure for practical implementation of contracts related to investment investment. However, their legal regulation today is insufficient and requires additions. It is concluded that public-private partnership, with adequate legal regulation, will play a key role in financing and developing the Russian transport infrastructure. 

Keywords: investments, investment relations, investment agreement, transport, public-private partnership.

 

Elena A. Usacheva

  • USE OF PREJUDICE FOR EVALUATION OF THE MOMENT OF THE ACTUAL TERMINATION OF MARRIAGE IN LITIGATION ABOUT THE DIVISION OF JOINTLY ACQUIRED PROPERTY

Abstract. At present, Russian judicial practice and legal doctrine have not developed a unified approach to resolving the issue of the legal significance of indicating the moment of actual termination of marital relations in a court decision that has entered into force for subsequent judicial consideration of a dispute on the division of property of spouses and the possibility of prejudicial use of this fact. The purpose of the research is to analyze the approaches that have developed in judicial practice to the use of information contained in court decisions on the moment of actual termination of marital relations in terms of their compliance with the content and meaning of substantive and procedural norms, to assess the possibility of prejudicial use of the moment of actual termination of marital relations as a circumstance of the case established by the court resolution on typical categories of disputes between spouses, for a subsequent dispute on the division of property. According to the results of the research, it was established that the use of the rule of prejudice in relation to the moment of actual termination of marital relations when considering cases on the division of property of spouses implies the need to assess the nature of the initial dispute, the composition of the subject of proof on it, as well as the procedure for establishing and substantiating the fact of interest (the court’s assumption or conclusion from evidence presented by the parties in adversary process). Court decisions on divorce, on determining the place of residence of children and on the recovery of alimony, issued in a dispute between spouses (former spouses) before consideration of claims for the division of joint property, do not have pre-judicial force, and can be used along with other materials of the original case as evidence in subsequent processes.

Keywords: prejudice; the actual termination of marriage; the division of jointly acquired property; fact of legal importance; adversarial process.

THE TRIBUNE OF YOUNG SCIENTISTS

Boris B. Markov

  • DEFINITION OF TELEMEDICINE AND ITS COMPONENTS IN THE LEGISLATION OF THE USA

Abstract: In this article author explores the term “telemedicine” and components of telehealth in legislation of different states of the USA. Author analyses differences between Russian and American legislation, highlights problems of efficacious regulation and makes a conclusion about possibilities of changing of Russian legislation.

Law of the USA regulates telemedicine in a more detailed way than Russian legislation. According to this such analysis is able to form amendments to law of the Russian Federation. That changes could make medical care in Russia more accessible and effective.

The purpose of the article is to explore the regulation of telemedicine id legislation of different states of the USA.

The author highlights different types of definitions of telemedicine, its’ components and possibility of distant diagnosis statement.

More detailed federal regulation of telemedicine, set of its’ components and derestriction of distant diagnosis statement are proposed by the author as method of solution to problems of Russian legislation.

Keywords: telemedicine, telehealth, medical technologies, e-medicine, foreign legislation.

 

Alexandra S. Olovyannikova, Valeria A. Raevskaya

  • SOME PROBLEMS OF LEGAL REGULATION OF PUBLIC JOINT STOCK COMPANY MANAGEMENT 

Abstract: The main purpose of the article is the research of the theoretical and practical provisions defining the legal regulation of the management in public joint-stock companies and the development of the proposals that fill the gaps identified in the course of the study of  Russian legislation. The relevance of the study is due to its wide practical application, since proposals to improve the legislation of the Russian Federation and the identified legal conflicts that have arisen in the regulation of this type of legal relations will not only indicate a flaw in the theoretical aspects of legal regulation of the activities of PJSC, but will also be able to improve the management system, responsibility, authorized capital of each public joint–stock company, and, accordingly, improve the efficiency of their activities and protect the rights of shareholders - participants of public joint-stock companies.

 The study used dialectical, logical-legal, system-structural methods, as well as analysis, synthesis and generalization. Particular attention is paid by the authors to the consideration of judicial practice. The novelty of the scientific work lies in the conclusions proposed by the authors on the improvement of civil legislation. The result of the study is the identification of legal conflicts in the management of a public joint-stock company and the formulation of a conclusion on their elimination. The authors conclude that it is necessary to make specific changes to the civil legislation, namely in Article 87.1 of the Federal Law "On Joint Stock Companies".

Keywords: internal audit, external audit, Information letter, management bodies, legal status, public joint stock company, register of shareholders, board of directors, financial statements, Central Bank of the Russian Federation.