Vol  7 - No 4 (2022)

THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF PUBLIC RELATIONS

Andrey L. Belousov

• LEGAL ASPECTS OF FORMATION AND DEVELOPMENT OF SPECIAL INVESTMENT CONTRACTS IN THE RUSSIAN FEDERATION

Abstract. The relevance of this study is due to the fact that today investments in the industrial sector can provide the necessary impetus for the growth of the national economy. The task of the state at the present stage is to create conditions that stimulate the attraction of investments in its jurisdiction. The combination of such conditions is commonly referred to as the investment climate. One of the main instruments for stimulating investment activity, on which great hopes are placed, is the mechanism of a special investment contract. In this regard, the author focuses on the legal regime of a special investment contract. The purpose of the study is to identify the features of the regulation of special investment contracts, assess those changes in regulation that have already been made by the legislator and determine the prospects for further development of the legal field in this area of public relations. As part of the study, the initial model of regulation of special investment contracts is considered, and its key shortcomings are identified. An analysis of the modified model of legal regulation of special legal regimes was also carried out. The prospects for the further development of this legal regime are outlined.
Keywords: legal regime; entrepreneurial activity; investment climate; SPIC 1.0; SPIC 2.0; special investment contract; investments.

Anna V. Zvonova

• EXPERIENCE IN CREATING A PROBATION SYSTEM FOR CONVICTS ON THE EXAMPLE OF FRANCE, KAZAKHSTAN AND THE KYRGYZ REPUBLIC

Abstract. The modern penitentiary policy of most states is aimed at the process of humanizing the execution of criminal punishment. In this regard, the institution of execution of punishments is rapidly developing. without isolation from society, creating and modernization of the probation service.
The relevance.
The main goal. The creation of a probation service will reduce the level of recidivism, solve the problem of overcrowding in penitentiary institutions, and also contribute to a more effective implementation of the rights and legitimate interests of those sentenced to criminal punishment.
The methodological basis of the scientific article is the method of materialistic dialectics, general scientific and private scientific methods, taking into account the principles, techniques and methods inherent in the domestic penitentiary science. In particular, the author used comparative-legal, logical-legal, sociological and others.
Conclusions. The author comes to the conclusion that the probation service and post-penitentiary support of persons who have violated the law can reduce the level of recidivism in the states. Such a conclusion became possible due to the analysis of the high dynamics of the ability of the probation service in African countries.
Keywords: execution of punishments, probation, convict, punishments without isolation from society, international standards.

Larisa V. Katkova, Oleg A. Mekka

• SOCIOLOGICAL APPROACH TO THE STUDY OF THE LEGAL CULTURE OF THE POPULATION: VALUE ASPECT

Abstract. The relevance of the research topic is due to the need to take into account in the process of studying legal culture its various modifications and manifestations determined by the characteristics of real carriers of political and legal culture in the form of social groups and strata of society. Since the political and legal culture is understood as a normative value system, it is necessary to analyze the concepts typical for the expression of its basic values. As such, the authors consider the concepts of "freedom", "justice", "equality". But historically, different subjects put different meanings into these concepts. Explication of these concepts makes it possible to concretize the content of the phenomenon of legal culture in modern Russian society and its various modifications, taking into account social stratification.
The main goal of the article is to analyze the content of the categories "freedom" and "justice" in relation to various modifications of legal culture.
The problems under consideration. A common problem is the lack of knowledge about empirical indicators that are appropriate to use in research tools to fix different types of political and legal culture of the population. For this purpose, the article examines the connotations of the concepts of "freedom" and "justice".
The methods used.
Along with the general scientific systematic method of analyzing legal phenomena, private scientific methods (sociological and axiological), as well as the method of legal hermeneutics were used in the preparation of the article.
Conclusions. No interpretation of legal culture is indisputable without testing it on concrete empirical material. Whatever value the author or the theoretical and legal direction puts at the forefront as a system-forming element of legal culture, it is impossible to do without an empirical assessment of the prevalence of private modifications of culture.
Different interpretations of legal culture correlate with the technologies of legal culture formation and here the main options are objective (with a focus on knowledge of laws and law-abiding behavior) and subjective (focusing on activity in protecting one's own interests, the use of legal institutions both state and non-state).
Keywords: sociological approach to the analysis of legal culture, legal understanding, type of legal understanding, legal culture, type of legal culture, value bases of legal culture, legal value, freedom, justice, types of legal culture formation.

Maria I. Rosenko, Yaroslav A. Peregudov

• GENETIC CERTIFICATION AS A TOOL FOR PROTECTING THE INSTITUTION OF THE FAMILY AND THE HEALTH OF FUTURE GENERATIONS: SOCIAL AND LEGAL ASPECTS

Abstract. The institution of the family is a complex system that includes a constitutional and legal framework, social guidelines, moral and ethical aspects, a policy of non-interference in the personal sphere and, at the same time, the creation of conditions for the protection of the rights and legitimate interests of citizens in all spheres of life. The purpose of this study is to highlight the social and steam aspects of the institution of the family the issues of obtaining, storing and using genetic information in order to create favorable conditions for the birth of healthy future generations are considered. The historical past emphasizes that it was the family that gave a person the necessary life basis: offspring, the possibility of joint farming, the transfer of life experience. The implementation of the basis of the state's social policy in the long term is a complex system that includes the constitutional and legal basis, social guidelines, moral and ethical side, the legal basis of the concept of personal life of citizens, the policy of non-interference in it and at the same time creating conditions for the basis of the protection of the rights and legitimate interests of citizens in all spheres of life. Unfortunately, the new way of life promotes temporary and irresponsible intimate relationships, as well as uncontrolled transfer of biological material through donation, which has given rise to the problem of involuntary incest. Therefore, in addition to fostering respect for traditional family values in society, the voluntary procedure of medical examination of future spouses must be transferred to the category of mandatory. The introduction of a biological passport with the data of DNA "coding" information (hereditary diseases) can solve the health problem of future generations, but at the same time poses a threat due to insufficient legal protection of genetic information. It is concluded that biometric data is a special type of personal data and a special procedure of legal regulation should be established for them.

Keywords: family institution, state policy, incest, health of the nation, irresponsibility, genetic passport, genetic information.

Evgeniy M.Terekhov

• ON THE QUESTION OF CLASSIFICATIONS INTERPRETATIONAL RULES

Abstract. Currently, the category of «official interpretation of the rule of law» is actively developing in legal science, its system is being studied, and key trends are being identified. One of the elements of the system of official interpretation of law is interpretative norms, the level of study of which seems to be very weak. It is noteworthy that the first mention of them was in the works of pre-revolutionary scientists, but today there has been no significant shift in their analysis. All this indicates that the study of interpretive norms is an urgent task of legal science. The main goal of the study is to try to systematize ideas about interpretive norms, as well as to develop specific classification criteria on the basis of this and to single out independent classification groups on their basis. The key problem in the present study is the lack of clear criteria by which interpretative norms could be subdivided on various grounds, which could enhance the importance of the official interpretation of law in the mechanism of legal regulation. The author not only indicates his vision of the problem, but also offers its solution by highlighting two independent classification groups that combine separate, according to the target feature, classifications of interpretative norms. Based on the results of the study, attention is drawn to the importance of taking into account in classifications such components as systematization of the hierarchy of interpretative norms; optimal tactical achievement of the set goals and objectives by the official interpretation of the rules of law; creation of conditions conducive to better assimilation of the results of the official interpretation of law, for which organizational-technical and special-legal groups of classifications of interpretative norms are distinguished.

 Keywords: legal activities, law-interpret activities, interpretation of law, clarification, explanation, interpretative act, interpretive practice.

Sultan T. Khapchaev

• THE INSTITUTE OF SLAVERY IN THE CONTEXT OF MUSLIM LAW 

Abstract. Relevance. Slavery is one of the main problems of Islamic law, which is associated with the prevalence of this phenomenon during the emergence and institutionalization of the religion of Islam, which declared freedom and human dignity the ideals of a new society. The modern era puts human rights (life, freedom, honor and dignity) in the first place, due to which the need for a clear distinction between the provisions of Sharia and inhumane practices of the past is actualized.
The main goal is to substantiate the thesis that Islamic law, although it appeared in the era of the widespread use of the institution of slavery, and the classical sources of Sharia do not directly prohibit it, nevertheless, it fundamentally contradicts the essence of Islamic law, which places great emphasis on the idea of equality, humanism. and fraternal attitude towards others.
Problems under consideration. The article reveals the deep humanistic principles that are embedded in Muslim law on the example of the institution of slavery, which was so widespread in the past.
Methodology. Along with general scientific methods, special legal methods (historical-legal, formal-legal, comparative-legal, sociological-legal) were also used during the research.
Conclusions. Flexibility is inherent in the very nature of Islamic law, as it has always advocated a strategy of gradual reforms rather than quick and radical changes, especially in such important areas of people's lives as the economy, politics and religion. Slavery is almost as obviously against the spirit of Shariah as idolatry, but the latter has a spiritual aspect and can be rationally challenged, while the former is rooted in the economic basis and, therefore, could not be abolished by law until socio-economic background is created. However, the whole logic of the Shariah regulations on this topic indicates a direct focus on the eradication of slavery and the prevention of its reappearance.
Keywords: slavery, Islamic law, equality, rights and obligations, Quran, sunnah.