Vol  7 - No 3 (2022)

THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF PUBLIC RELATIONS

ALEKSEY P. ALBOV 

• HUMAN RIGHTS: PHILOSOPHICAL AND LEGAL ANALYSIS

Abstract. The article discusses various paradigms of understanding human rights as one of the most important concepts of social and humanitarian knowledge, and analyzes the main concepts of the leading scientific schools of our time.

The relevance of the issues under study is due to the fact that human rights are not only a problem of one state. Understanding and protecting human rights must be considered in the relationship of political and economic, religious and national conditions, international relations and international law, as the most important factor in the development of a particular state and the global world as a whole. Human rights must be considered as the most important ontological element of the law itself, which is based on the concept of justice, equality and freedom, and, therefore, positive national and international law cannot contradict basic human rights. Thus, the issue of observance of these rights, as well as their restrictions, is not only an internal problem of individual political communities, but also a problem of the entire civilized world.
The main purpose of the article is to identify the historical and logical common ground in the dialogue of various Western scientific schools on the basic concepts of human rights.
Problems under consideration. The article discusses civilizational doctrines on the problem of the essence and implementation of human rights in various regions, discusses the question of what rights should be included in the main list of human rights, shows a certain speculative moment in the justification of the concepts of human rights in modern philosophical and legal studies.
The methods used. The study is based on the dialectical method, which is a system of interrelated principles that allows you to find a certain logic in the development of the subject of research based on its self-development, which made it possible to identify the most important features and methodologies of various scientific schools; the principle of ascent from the general to the particular was used, and vice versa, which made it possible, starting from single facts, to make conclusions leading to certain generalizations.
Conclusions. At the beginning of the last century, schools with different sociological, philosophical, and theoretical and methodological attitudes began to take shape in the philosophy and sociology of law, which actually made it impossible to have a productive dialogue in developing a single categorical and conceptual apparatus. It is shown that the concept of "human rights" in various scientific, legal philosophical schools has various characteristic features and content. Given that all doctrines note the importance of these rights for the formation of the political climate and quality of life, and their violation inevitably leads either to the stagnation of political life in the state, or is a prerequisite for the formation of destructive movements of various kinds; that therefore human rights, along with other socio-political algorithms, can claim the leading role in the formation of legal policy both within the state itself and in international relations; however, this does not mean that these rights can be considered unconditional and absolute, they directly depend on the various cultural, religious, moral values of a particular society, and that therefore they can be defined rather as a kind of sustainable agreement.
Keywords: Human rights, positive law, Ubuntu, Confucianism, Islamic law, citizenship status, sources of law.

Inna L. Burova, Anna V. Nikitova

• CHANGES IN THE LEGISLATION OF THE RUSSIAN FEDERATION ON CONCILIATION PROCEDURES IN THE ARBITRATION PROCESS

Abstract. The relevance of the problems of the article is determined by the novelty of the issues under consideration and the prospect of widespread use of conciliation procedures in arbitration proceedings.

The main goal is to analyze the current changes in the legislation of the Russian Federation in the field of conciliation procedures in the arbitration process in connection with the law enforcement practice of arbitration courts.
The problems under consideration. The article examines the stages of development of legislation on conciliation procedures in the arbitration process, analyzes the practice of arbitration courts on the use of negotiations and mediation, considers the issue of competition of such types of conciliation procedures as judicial conciliation and mediation.
The methods used. Along with general scientific methods, special legal methods (comparative legal, normative-dogmatic, legal statistics) were also used in the preparation of the article.
Conclusions. A brief analysis of the changes in the arbitration procedural legislation on conciliation procedures is given, with the definition of the main stages of its formation and development. Based on the analysis of materials of law enforcement practice, it is concluded that such conciliation procedures as negotiations and mediation have not yet received significant distribution, with a positive trend in their application. The ways of improving the legal regulation of conciliation procedures in the arbitration process are proposed.
Keywords: arbitration proceedings, dispute settlement, settlement agreement, conciliation procedures, negotiations, mediation, judicial reconciliation.

Rafail G. Valiev

• DISCRETIONARY TRENDS AND CONTRADICTIONS OF LEGAL PRACTICE: INDIVIDUAL MANIFESTATIONS AND OPTIMIZATION TECHNOLOGIES

Abstract. The article is devoted to the analysis of the negative manifestations of the discretion of subjects of judicial, law enforcement and advocacy as a functionally significant potential determining its systemic and functional trends and contradictions.

The aim of the study is to form a general theoretical idea of ​​certain trends and contradictions of the practice of implementing the discretion by subjects of judicial, law enforcement and advocacy, which gives rise to the relevance of the development of technologies for its optimization.

In the framework of the interdisciplinary approach and theoretical reconstruction as a method of reproduction and critical analysis of empirical facts, individual discretionary trends and contradictions of legal regulation of jurisdictional law enforcement and advocacy were identified and analyzed.

Based on the commonality of the manifestations of destructive discretion and contradictions in the development of legal practice, their classification characteristic is given in the context of general legal and individual legal regulation of judicial, law enforcement and advocacy.

In order to overcome destructive discretions and improve judicial, law enforcement and advocacy, technological models of its optimization have been updated.

Keywords: legal regulation practice; discretionary tendencies; discretion; optimization; technologies.

Irina I. Golovko

• FORMATION OF POSITIONS OF PROSECUTORS IN PRE - REVOLUTIONARY RUSSIA

Abstract. Relevance. Emperor Peter I created the post of Prosecutor General, the posts of chief prosecutors in the Senate and Synod, prosecutors in collegiums and courts. The Chief Prosecutor was not connected with other prosecutors, except for the Prosecutor General, to whom he was subordinate. All subordinate prosecutors were subordinate to the Prosecutor General, who was subordinate to the Emperor.

The main goal. The article is devoted to the disclosure of the features of the creation of the system of posts of prosecutors in Russia before of 1917, reflected in the legislative provisions. 

The problems under consideration. The path of historical development was accompanied by the creation and liquidation of the posts of prosecutors, the transformation of the structure of their subordination. As a significant negative result of the formation of the posts of prosecutors and the Judicial Reform of 1864, the abolition of the posts of provincial prosecutors is considered. Formed as a result of the Judicial Reform of 1864, the structure of the posts of prosecutors in terms of judicial supervision was the most developed, the hierarchy was maintained with the subordination of all subordinate prosecutors to the Prosecutor General. However, the following circumstances prevent the definition of this structure as a system with signs of integrity and independence: the continued isolation of the position of the chief prosecutor, the combination of the Prosecutor General of the position of the Minister of Justice.

Methods used: within the framework of a systematic approach, the dialectical method of research, methods of analysis and synthesis are applied.

Conclusions. The created structure cannot be considered as a system due to the incompleteness of compliance with the requirements of unity and independence, the isolation of the post of chief prosecutor, however, it was a prototype of the system of posts of prosecutors. The results of the study of legislation and scientific works of the period of the restoration of the prosecutor's office after the revolution of 1917 show that the experience of the formation of the posts of prosecutors was investigated and taken into account, served as the basis for making decisions that received the approval of contemporaries.

Keywords: prosecutor, deputy prosecutor, system of posts, independence, unity.

RUSSIAN AND WORLD PROBLEMS OF CRIMINAL SCIENCE

Ivan V. Pikin

• FEATURES OF THE LEGAL STATUS OF THOSE SENTENCED TO PUNISHMENTS AND MEASURES NOT RELATED TO ISOLATION FROM SOCIETY, ASSOCIATED WITH THE DEFEAT OF THEIR RIGHTS

Abstract. The relevance of the research questions is due to the fact that the legal status of those sentenced to punishments and measures not related to isolation from society, associated with loss of rights, has a rather long stage of formation, and now the issues of the legal status of those sentenced to punishments not related to isolation from society, associated with a loss of rights are quite often raised both by legal scholars and by persons whose duty is to observe the established rights and obligations of this category of citizens.

The main purpose of the study is to consider the issues of the legal status of those sentenced to punishments and measures not related to isolation from society, associated with loss of rights, in the history of Russian legislation and at the present stage of development of legislation.

The problems under consideration lie in the current absence in the legislation of a conceptual apparatus on the issues of the legal status of those sentenced to punishments and measures not related to isolation from society, associated with loss of rights.

Sections of the article and methods used. Section of the article devoted to the historical development of issues related to punishments aimed at defeating convicts in their rights, analysis of the opinions of scientists who paid attention to the legal status of convicts sentenced to criminal penalties, as well as analyzes the existing types of criminal penalties and their impact on the legal status of the convict in the process of serving a particular type of punishment associated with the defeat of his rights suggests such methods as a method of historical and comparative legal analysis.

Findings. In the course of the research, the author analyzes the opinions of scientists regarding the issues of legal status, after which the author's opinion is given regarding the legal status of persons to punishments not related to isolation from society, associated with restriction of rights.

Keywords: convicted person, legal status, criminal punishment, coercive measures, loss of rights.

Sergey A. Pichugin

• ORGANIZATION OF A TERRORIST COMMUNITY AND PARTICIPATION IN IT UNDER RUSSIAN CRIMINAL LAW: ISSUES OF REGULATORY AND LAW ENFORCEMENT PRACTICES

Abstract. The relevance of the article is determined by the exceptional social danger of terrorist communities and the crimes they commit. The inclusion in the criminal law of the norm establishing measures of responsibility for the organization of a terrorist community and participation in it, namely Article 205.4 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), is determined by changes in the forms of the modern terrorist threat. The purpose of the work is to characterize the signs of the corpus delicti provided for in Article 205.4 of the Criminal Code of the Russian Federation, and the practice of applying the specified legal norm. The author considers the legally significant signs of the specified corpus delicti in domestic legislation based on the analysis of normative legal acts and literary sources, judicial interpretation formulated in the resolution of the Plenum of the Supreme Court of the Russian Federation dated February 9, 2012 No. 1 (ed. dated November 3, 2016). The article also touches upon the issues of qualification of the organization of a terrorist community and participation in it, including its differentiation from related elements of crime (first of all, the organization of the activities of a terrorist organization and participation in the activities of such an organization, Article 205.5 of the Criminal Code of the Russian Federation), which are set out taking into account the position of the Supreme Court of the Russian Federation. Examples from judicial practice of application of the norm of Article 205.4 of the Criminal Code of the Russian Federation are given, the features of such practice are indicated. In the final part, conclusions are drawn on the topic of the study.
Keywords: terrorism, terrorist community, organization of a terrorist community, leadership of a terrorist community; participation in a terrorist community; crime, punishment, criminal law.

Irina S. Kostrova

•  CRIMINALIZATION OF CADASTRAL FORGERY: SOCIAL AND CRIMINOLOGICAL-LEGAL PREREQUISITES

Abstract. The relevance of the study lies in the fact that at all times an integral part of the social structure is real estate. It is the cornerstone element of any economy. The development of relations related to the turnover of real estate has led to the formation of independent state accounting and registration and measurement activities of the state cadastral registration and cadastral activities of specific subjects - cadastral engineers. In 2015. Federal Law No. 228-FZ of 13.07.2015 "On Amendments to Certain Legislative Acts of the Russian Federation" amended the Criminal Code of the Russian Federation. Article 1702 of the Criminal Code defined liability for knowingly false information entered by cadastral engineers into the technical plan, land survey plan or survey act (Article 1702 of the Criminal Code). To date, the question of the need to criminalize the deed of cadastral forgery remains controversial.
The main purpose of the study is a comprehensive analysis of the social prerequisites of criminalization of illegal actions of cadastral engineers, expressed in the introduction of knowingly false information in the technical plan, land survey plan or in the act of survey and consideration of controversial points of view among both theorists and practitioners.
The main problem is the determination of necessity of introduction of such subject as cadastral engineer and justification of criminalization of cadastral forgery.
As a result of the research conclusions are made that the measures taken by the legislator to amend the legislation and the establishment of criminal liability of cadastral engineer were logically justified and will bring positive changes in the field of immovable property.
Keywords: cadastral activity, cadastral engineer, false information, cadastral registration, criminalization.

LEGAL REGULATION OF ECONOMIC ACTIVITIES

EKATERINA A. VINICHENKO

• SUBSTANTIVE-SYSTEMIC IDEAS OF LAW ENFORCEMENT WHEN CREATING LEGAL ENTITIES AND THEIR REGULATORY SIGNIFI-CANCE

Abstract. The relevance of the study of the status of a legal entity in the aspect of its creation is predetermined by the renewal of the role of

such a subject in the special conditions of the impact of external sanctions on the economic life of Russia.
The main purpose of this work is to substantiate conceptual approaches to improving the legal mechanism for creating legal entities based on substantive and systemic ideas of the legality of the rule of law. The mechanism of creating a legal entity is considered as a complex legal order in the Russian legislation on legal entities.
The problems considered are: the problem of the legal nature of the creation of a legal entity from the position of doctrines about the essence of a legal entity; the problem of the intersectoral structure of the mechanism for creating a legal entity and the consistency, consistency and legal certainty of its components; the problem of the reliability of all information and documents that formalize the process of creation and state legitimation (registration) of the created legal entity; problems of ways to eliminate significant negative consequences of violations of the mechanism of creating a legal entity and the use of effective legal instruments to purify legal signs of legitimation of a legal entity from false information, protection of the public value of the Unified State Register of Legal Entities.

The research methods used. General scientific methods are applied: dialectical materialism, analysis, synthesis, etc.; special scientific methods are formal-dogmatic, normative-analytical,comparative-legal, statistical, sociological, etc. Special attention in the study of legal relations that develop when creating a legal entity is paid to the methods of system analysis, complex analysis, structural and differentiated analysis, comparative jurisprudence and the conflict-of-evaluation ratio of industry norms and institutions.
Conclusions. The substantive and systematic approach to solving the problems of legality of the rule of law when creating legal entities is the justification of the author's proposals aimed at improving the appropriate regulatory mechanism for restoring and preserving the lawful and reliable civil status of the created and created legal entity, as well as optimizing the institution of criminal liability for the illegal creation of a legal entity.

Keywords: Corporate relations, legal entity, founder and participant of legal entity, legality when creating a legal entity, reliability of information about a legal entity, private and public aspects of creating a legal entity, state registration and legitimation legal entity, reliability of the state register of legal entities, the complex systemic format of the legal order about legality when creating a legal entity, the principle of legal certainty, blanket disposition of the crime, decriminalization.

Anastasia O. Logvencheva

• RISKS IN STRATEGIC PLANNING AND IN THE BUDGETARY SPHERE: FEATURES OF LEGAL REGULATION

Abstract. The relevance of the presented scientific work is due to the fact that despite the fundamental role of risk as an element of strategic planning, the implementation of which, in turn, is closely interrelated with the implementation of budget policy, the legal regulation of risks in these areas remains fragmented.
The purpose of the study is a comprehensive analysis of the provisions of Federal laws, strategic planning acts and acts of state bodies of the constituent entities of the Russian Federation for the subsequent solution of the problem of describing and classifying risks in strategic planning and in the budgetary sphere.
In addition, to the introduction and conclusion, the proposed scientific work includes two parts, which are respectively devoted to the analysis of the legal basis for establishing risks in strategic planning documents and in the Budget Code of the Russian Federation.
The main method of research is formal legal, the application of which makes it possible to present the following conclusions:
— to define forecasting as one of the stages of strategic planning that expresses in the identification and prevention of risks;
— to identify the factors that determine the relationship between strategic planning and budget policy;
— to establish the absence of a legal consolidation of a unified risk system in the federal strategic planning acts;
— to classify the kinds of risks that arises in the management of the public debt of the constituent entities of the Russian Federation.

Keywords: strategic planning, forecasting, strategic planning document, strategy, Presidential Address to the Federal Assembly, forecast of socio-economic development, budget forecast, risk, budget risk, budget legislation, public debt, constituent entity of the Russian Federation.

Andjelika R. Chirishyan

• SOME FEATURES OF THE CONTRACT FOR THE SUPPLY OF ELECTRIC ENERGY USING RENEWABLE ENERGY SOURCES

Abstract. In the article, the author considers some features of the contract for the supply of electricity using renewable energy sources in the Russian Federation.
The relevance of the research topic is due to the lack of legal regulation of the contract for the supply of electricity using renewable energy sources in the Russian Federation.
The main purpose of the article is to study domestic legislation in the field of electrical energy supply using renewable energy sources.
The considered problems of the dominant role of the law of obligations in regulating relations for the production and transmission of energy, and also conducts a comparative analysis of domestic and foreign legislation within the framework of the issue under consideration.
Used methods. The study was conducted on the basis of modern general scientific methodology. Along with general scientific methods, comparative, historical and other methods were also used.
Conclusions. The conclusion is made about the need to improve domestic legislation in the field of supply of electrical energy using renewable energy sources. Thus, the means of legal regulation should be presented both within the framework of contractual regulation, and in the form of prohibitions and obligations that act as legal restrictions on contractual freedom.
Keywords: energy law; energy supply; energy saving; contract for the supply of electricity; power consumption; civil contract.

TRIBUNE OF YOUNG SCIENTISTS

Veronika S. Kubrak

• LIMITATIONS OF THE SCOPE OF EXCLUSIVE RIGHTS IN RELATION TO RESULTS CREATED USING ARTIFICIAL INTELLIGENCE TECHNOLOGIES

Abstract. Recently, the problem of commercialization of artificial intelligence technologies and the problem of legal protection of the results created with their help have become more relevant. The purpose of this work is to identify the limitations that must be overcome in order to create an adequate legal regime for the results created with the help of artificial intelligence technologies. The author sets the following research objectives: 1) analysis of the legal nature of exclusive rights; 2) consideration of the concepts of “limitations of exclusive rights” and “limitations of the scope of exclusive rights” 3) identification of existing limitations of the scope of exclusive rights in intellectual property law that prevent the introduction into circulation of results created using artificial intelligence technologies. Thus the author comes to the conclusion that there are two main limitations: 1) requirements for subjects endowed with exclusive rights; 2) the condition of the creative nature of the result of intellectual activity.

Keywords: artificial intelligence, limitations, intellectual property law, results of intellectual activity.

Elena A. Sorokina

• MEASURES TO IMPROVE THE EFFICIENCY OF SMALL AND MEDIUM-SIZED BUSINESS EDUCATION IN RUSSIA AND JAPAN (COMPARATIVE LEGAL ANALYSIS)

Abstract. The development of the sphere of small and medium-sized entrepreneurship is a priority direction of the state policy of the Russian Federation. One of the main tasks in this area is to solve the problem of providing small and medium-sized businesses with qualified personnel. A set of measures to support small and medium-sized businesses in the field of personnel training is an important part of the educational system, as well as a key component of the support system for small and medium-sized businesses. The purpose of the study is to study the legislative framework and methods of training specialists in the field of small and medium-sized enterprises in Russia and Japan. The experience of Japan was chosen for study, since it is in this country that there is the most successful experience in organizing a system of consulting services, as well as training in colleges that prepare for work in small and medium-sized enterprises.

According to the results of the study, it was found that entrepreneurs should have flexible skills, universal, practice-oriented and interdisciplinary competencies that allow them to adapt to rapidly changing external conditions and make the right business decisions in conditions of uncertainty and lack of information.

Keywords: small and medium-sized entrepreneurship, state support for small and medium-sized entrepreneurship, a complex of support for small and medium-sized entrepreneurship in the field of personnel training, entrepreneurs training, entrepreneurs' competencies, Japan's experience in training in the field of small and medium-sized entrepreneurship.