THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF PUBLIC RELATIONS
Aleksey P. Albov, Svetlana N. Korotkova
- FEATURES OF LEGAL EDUCATION OF CUSTOMS EMPLOYEES: THEORETICAL AND LEGAL ASPECT
Abstract. This article deals with the problems of legal education of customs officials on the basis of theoretical and legal analysis. In the light of modern challenges and requirements, the importance of legal education for customs officials is becoming increasingly relevant due to the increasing complexity of customs legislation, international agreements and procedures, as well as the need to maintain high standards of ethics and professionalism in the customs service.
Main purpose: This article is aimed at studying the features and role of legal education in the formation of professionalism of customs officers and its impact on ensuring law and order.
The article contains an analysis of the following topical issues: the relationship between legal education and understanding of the duties and rights of customs officers; the impact of the level of legal education on the effectiveness of the performance of official duties; the need for continuous improvement of teaching and upbringing methods.
Methods used: The article uses methods of analysis of academic sources, comparative data analysis, as well as theoretical generalization.
Conclusions: Based on the conducted research, it can be concluded that the legal education of customs officials has a number of features that determine its specificity and importance: an integrated approach that takes into account not only the transfer of knowledge, but also the formation of values and norms; compliance with the rule of law and the development of professionalism; professional responsibility, continuous improvement and updating of training methods taking into account changes in legislation and practice. The peculiarities of legal education ensure the formation of national identity, the development of patriotic consciousness and spirituality of customs officials and the population as a whole, as well as the strengthening of law and order in the country.
Keywords: legal education, customs authorities, customs officials, professional responsibility, professional standards, national security.
Alexander S. Fedorov
- LIMITATION OF THE RIGHT TO A FAIR TRIAL AND THE INSTITUTION OF ANTI-SUIT INJUNCTIONS: THE PROBLEM OF CORRELATION
Abstract. The right to a fair trial constitutes an element of the exercise of the right to judicial protection and it is absolute and fundamental by its legal nature. However, with the growing importance of the autonomy of will in the modern legal system, it raises the issue to what extent the limits of its exercise can be restricted by the private autonomy of the subjects of the legal relations and by public authorities.
The purpose of this study is to determine whether the right to a fair trial can be limited by using the institute of anti-suit injunction as an example.
This research uses mainly the comparative-legal and formal-logical methods as well as analysis and comparison. The scientific works of Russian and foreign scholars on this topic, as well as judicial practice and relevant regulations were used in the work.
The author has examined the legal nature of these institutions, presented, and critically analyzed the most prevalent approaches in modern doctrine. Based on an examination of jurisprudence and doctrine, as well as an analysis of the correlation between these institutions, the author argues that there is no violation of the right to a fair trial in the case of granting or rejecting an anti-suit injunction.
Keywords: the right to a fair trial, the right to judicial protection, the anti-suit injunction, the European Convention on Human Rights, civil procedure, arbitration.
RUSSIAN AND WORLD PROBLEMS OF CRIMINAL SCIENCE
Vadim A. Chukreev
- DETERMINATION OF THE NATURE OF ENCROACHMENT ON BLOOD DONATION
Abstract. The relevance of the work is due to the fact that in June 2022, changes were made to the law on blood donation regarding the transfer of blood and its components for the production of medicines and medical devices. As a result of innovations, blood and its components have become the subject of contractual relations between blood centers and representatives of the pharmaceutical business, i.e. goods. Accordingly, additional risks have arisen for the commission of criminal acts in this area and new situations have arisen that have not been properly assessed by the criminal law. The main purpose of this study is to comprehensively consider the problems that have arisen in the field of donation and to resolve the issue of the need for criminalization of acts. The main problem solved by the author is the qualification of criminal encroachments in the field of blood donation. To achieve this goal, the work used a set of research methods widely known to science, including the analysis of scientific literature, legislative acts and regulatory and methodological documents, as well as studying the experience of other countries and international organizations. In the course of the work, the author came to the conclusion that it would be expedient to introduce a criminal law ban on coercion to donate blood, as well as to introduce into the criminal law independent provisions on liability for the export of blood and its components outside the country, to provide for the criminal liability of blood donors and medical workers for violation legislation on blood donation, resulting in infection with infectious diseases as a result of blood transfusion or other negative consequences.
Keywords: criminal law, donation, crime, counteraction, qualification of crimes.
Viktoriia G. Sinelnikova
- METHODS OF COMMITTING OFFENCES AGAINST PROPERTY IN RUSSIA AND FOREIGN COUNTRIES
Abstract. In Russian criminal law determining the method of committing offences against property is an important stage in the qualification of an offence that often affects the distinguishing between different offences. The primary objective of this article was to evaluate how theft, robbery, embezzlement, fraud, and other offenses are regulated in the Russian Criminal Code as compared to foreign legal statutes. As a result, a number of general provisions were identified in Russian legislation and foreign legal orders, as well as institutions of criminal law unknown in Russia, which may be of interest to the domestic legislator. It seems that the comparative method of research and the obtained results make the article relevant.
Keywords: method of committing an offence; offences against property; theft; fraud; robbery; Russian criminal law; criminal law of foreign countries.
Bogdan A. Chubukov, Dmitrii S. Kostenko
- CORRELATION OF THE LEGAL NATURE OF HOUSE ARREST AND PROHIBITION OF CERTAIN ACTIONS IN THE CONTEXT OF THE DEVELOPMENT OF THE INSTITUTION OF PREVENTIVE MEASURES IN THE RUSSIAN FEDERATION
Abstract. The institution of preventive measures in the domestic criminal process is primarily directly related to the effectiveness of the investigation and suppression of crimes. Within the framework of the general trend of humanization, measures of house arrest and the prohibition of certain actions play a special role, as a result of which the problems arising from their application are relevant and significant for the researcher.
The main purpose of this work was to study the legal nature of measures of criminal procedural coercion, in particular house arrest and prohibition of certain actions. In the development of this goal, the problems of crediting the period of being under the ban of certain actions related to isolation from society in favor of the execution of punishment were considered. The positions frequently found in the doctrine about the absence of a difference in the content of house arrest and the prohibition of certain actions were also analyzed.
General scientific methods of cognition (analysis, synthesis, deduction, induction), the formal legal method were used in the work, a retrospective analysis of the emergence and changes of legal institutions was carried out.
According to the results of the work, it was found that the simultaneous existence in the Russian criminal procedure law of preventive measures in the form of a ban on certain actions and house arrest is explained by their differences in legal nature. It was also found that the legal construction of Article 72 of the Criminal Code of the Russian Federation does not meet the principle of legal certainty in the part in which it does not provide for a direct indication of the offset of the period of stay under the ban of certain actions related to isolation from society in favor of the execution of punishment, which is why law enforcement practice in such cases is forced to use the provisions of this article by analogy in the systemic interpretation with the provisions of the Code of Criminal Procedure of the Russian Federation. At the same time, the existing rules for setting off the period of being under house arrest and under the specified prohibitions in favor of detention do not meet the principle of fairness, which is why the authors proposed their own concept to solve the problem
Keywords: Prohibition of certain actions, house arrest, measures of criminal procedural restraint, legal nature, detention, offset period of stay under the ban of certain actions
LEGAL REGULATION OF ECONOMIC ACTIVITIES
Mikhail A. Garmashev
- SMART CONTRACT AS A CONTRACT. TYPES, METHODS OF CONCLUDING AND COMMITTING, PROBLEMS OF EXECUTION
Abstract. The article discusses the main legal provisions on smart contracts. Particular attention is paid to the scientific conclusions of scientists on the legal positioning of smart contracts and their identification as between new types of contracts and ways to ensure obligations. The problems of concluding, executing and legal regulation of smart contracts are described.
The relevance of the research problem lies in the fact that the issue of using smart contracts in civil law relations is very relevant in Russian legislation due to the increased use of blockchain technology and its analogues in various industries. Smart contracts are self-executing contracts in which the terms of the agreement between the parties to the transaction are written directly into the lines of the program code. Such contracts are decentralized, but can be centralized and legally transparent, immutable, and can potentially reduce the need for intermediaries and transaction and enforcement costs. In Russia, the use of smart contracts is still at an early stage, and there is no single special legal regulation that would establish it.
The main goal of the study is to determine the right positioning of the smart contract through the analysis of legislation and scientific literature.
The issues under consideration affect the legal positioning of a smart contract as a contract, a way to secure obligations, its conclusion and execution (execution).
The research methods used in this article are based on general scientific methods, comparative legal methods, and formal legal methods.
Conclusions. Based on the results of the study, an analysis of the legal positioning of smart contracts is presented from the standpoint of considering them as separate types of contracts and ways of making transactions, separate ways of ensuring the fulfillment of obligations. The ways of concluding and making smart contracts are determined, as well as the main legal problems in their conclusion and execution for which appropriate ways of solving and improving this process were proposed.
Keywords: smart contract, smart contract, blockchain, digital platform, digital ruble, cryptocurrency, digital rights, digital environment, transaction.
Artur I. Khabirov
MODERN LEGAL REGULATION OF CIVIL RELATIONS UNDER THE LEGISLATION OF THE PEOPLE'S REPUBLIC OF CHINA
Abstract. The beginning of the second decade of the XXI century was marked by a landmark event for the civil law of the People's Republic of China – the adoption of the first codified normative legal act in more than seventy years – the Civil Code of the People's Republic of China. Despite the fact that civil law is one of the leading branches of law in China, however, for various reasons, codification was completed only in 2020. The study of the civil legislation of any country is of great scientific and practical interest and will further contribute to the enrichment of the doctrine and regulatory framework of their own country, provided a methodologically verified approach to adopting foreign experience.
Moreover, over the past decades, Russian-Chinese relations have reached a completely new unprecedented level. This applies to both economic and political contacts. Of course, these relationships should be based on proper regulatory and legal support in order to avoid misunderstandings and mutual legal and economic conflicts.
The main purpose of the study is to analyze the fundamental provisions of the Civil Code of the People's Republic of China regulating basic civil law institutions. To achieve the stated purpose of the study, the problems of the legal status of individuals and legal entities, certain aspects of contractual and hereditary legal relations, issues of bringing to civil liability are considered.
During the research, the following methods were used: synthesis, analysis, comparative legal.
The results of the study allowed us to draw the following conclusions. Firstly, the adoption of the first codified normative legal act in the field of civil law indicates the beginning of a new stage in the legal life of the People's Republic of China. Secondly, representatives of the Russian legal science should pay attention to the Civil Code adopted in the PRC in order to further conduct comparative legal research.
Keywords: Civil Code of the People's Republic of China, comparative jurisprudence, Chinese civil law.
Vyacheslav A. Trofimov
- PROPAEDEUTICS OF THE LEGAL NATURE OF DOUBLE TAXATION AVOIDANCE AGREEMENTS
Abstract. Consideration of the legal nature of legal phenomena has both theoretical and practical significance. The first is to fill in the doctrinal content of the phenomenon being studied. The second is justified by the fact that the legal nature of the phenomenon determines its legal regulation. The present article is devoted to the propaedeutics of the issues of the legal nature of double taxation avoidance agreements, the disclosure of the essence of which is based on the comparison of double taxation avoidance agreements with formal and material theories of the division of public and private law, as well as through correlation with the system of international law and explanation of the role of the system of national law.
The purpose of the article is to introduce the definition of the essence of the legal nature of double taxation avoidance agreements.
According to the results of the study, the public legal nature of double taxation avoidance agreements is shown, due to the presence of public interest, the initiation of protection of which belongs not only to the subjects of legal relations, but also to the authorized public authorities, as well as due to the unequal position of the subjects of legal relations that develop regarding the application of agreements, the imperativeness of the legal norms contained in them. The thesis on the complex legal regulation of contracts, mediated by the international legal and national legal nature, is formulated.
Keywords: legal nature, public law, private law, national law, international law, double taxation avoidance agreements.