Vol  8 - No 3 (2023)

THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF PUBLIC RELATIONS

Aleksey P. Albov 

• FORMATION OF THE LEGAL CULTURE OF MODERN SOCIETY BASED ON TRADITIONAL VALUES: PERSONOCENTRISM AND SYSTEMOCENTRISM

Abstract. The article discusses "personocentrism" and "systemocentrism", which define two universal qualities that give a certain characteristic of any social system; it is proved that when forming a legal culture, the interests of the individual are taken into account in harmony with universal interests and serve them with their own satisfaction; new models of understanding legal culture in a broad context are being formed using the methodology and principles, and the conceptual apparatus of both general cultural studies and comparative research of legal culture with other elements of the legal system of the state; it is shown that personocentrism can include complementary elements that are not characterized by the maximum degree of predominance of individual interests over collective interests, namely their balance; various aspects of the concept of systemocentrism are shown to a greater extent as a socio-practical orientation for the formation of legal culture.
The purpose of this article is to show the peculiarities of the functioning of the Russian legal system, to identify the role of legal awareness in ensuring the dynamic balance of the system, aimed at the formation of a sovereign regime of legality; to study the mechanism of inclusion of the system of law in the system of national security as a factor in ensuring the sovereignty of the legal system of the state.
The methodological basis of the work was determined primarily by the complex nature of the subject of the study. The interaction of the legal components of the phenomenon under consideration with those that have been developed within the framework of other fields of knowledge: cultural studies, sociology, philosophy, and predetermined the complex, interdisciplinary nature of the research methods used, along with the methods characteristic of legal science. The methodology of the work was based on general methods of scientific research: in particular, methods of analysis, synthesis, conclusions from the general to the particular and from the particular to the general, ascent from the concrete to the abstract, and others. Of the methods inherent in legal science, it should be noted that the method of comparative jurisprudence plays a special role for this study, without which the study of legal culture is simply unthinkable.
Conclusions. The main trends in the development of legal culture of modern society can be recognized as the following: consolidation and integration of legal cultural values of society on the basis of Russian traditional values; the direction of development in legal culture in the unity of two components "personocentrism" and "systemocentrism" is traced; in the field of theory of rights – the emergence of theories that formalize the law, in the field of legal awareness – "standardization" public legal consciousness as a consequence of the consolidation of society.

Keywords: legal culture, personocentrism, systemocentrism, legal system, law, legal consciousness, philosophy of law, legal sovereignty,  traditional national values.

Aleksandr V. Maliushev

• HISTORY OF DEVELOPMENT OF THE DOMESTIC LEGAL REGULATION OF THE CONSTRUCTION CONTRACT FROM ANCIENT TIMES TO 1995

Abstract. Due to the rapid growth of civil and industrial construction, there is a demand for adequate and understandable legal regulation of the relevant socio-economic relations. There is a need for sources to which the participants of contractual legal relations could refer in order to resolve disputable situations. It seems important to refer to the history of the development of regulation of the institute of construction contracting, as this will help to establish what place the institute occupies in the systematics of domestic civil law, the basic principles of its work and characteristic features. The main purpose of this paper is to analyze the development and changes of the institute of construction contract in the Russian legal system. As a result, the moment of the first appearance in domestic sources of law of norms devoted to the performance of construction works was established, the key stages of development of the contractual construction of interest were determined. In the work were used private-scientific methods of scientific cognition (historical method and method of hermeneutics).

Keywords: construction contract; capital construction; pre-Soviet doctrine; Russkaya Pravda; Sudednik, Sobornoye Ulozheniye; Digest of Laws of the Russian Empire; Soviet Civil Codes.

RUSSIAN AND WORLD PROBLEMS OF CRIMINAL SCIENCE

Vadim I. Zamaraev

• PREVENTION OF MEDIATION IN BRIBERY

Abstract. The relevance. According to statistical data, the observed growth of bribery intermediation in 2022 in relation to 2020 showed the following positive value - 29.63 %. Based on the fact that mediation in bribery in its legal nature resembles the institution of complicity and is a link between other corruption crimes regulated by Articles 290, 291 of the Criminal Code of the Russian Federation, it should be noted that for one fact of criminal mediation there are three cases of taking and giving bribes. We believe that this phenomenon is explained by the high latency of this crime. The very growth of acts under article 291.1 of the Criminal Code of the Russian Federation is due to the lack of countermeasures and, above all, prevention of this crime.
The main goal. To determine the specifics and problems of the system of prevention of mediation in bribery.
The problems under consideration. The available plans and programs of combating corruption do not provide general, special or individual measures to counteract mediation in bribery, despite the fact that this crime is isolated as an independent one 12 years ago. Scientific analysis of existing normative, planned and methodological documents defining general and specific ways of prevention of mediation in bribery, carried out on the example of acts of the Republic of Khakassia, confirms it.
The methods used. In this article we used general scientific methods of knowledge: deduction and analysis, as well as special methods of research: systemic, formal-legal, comparative legal.
Conclusions. The author comes to the conclusion that it is necessary to develop a comprehensive system of preventive measures to counteract the commission of crimes regulated by Article 291.1 of the Criminal Code of the Russian Federation only in conjunction with preventive measures for the commission of giving and receiving a bribe, since the legislator, although formally identified mediation in bribery as an independent corpus delicti, but in its illegal meaning it it is of a derivative nature, contributing to the implementation of criminal agreements between the bribe giver and the bribe recipient, but not replacing them
Keywords: mediation in bribery, intermediary, prevention, prevention, bribe, corruption.

Vladimir S. Zorin

• ACTUAL PROBLEMS OF PROSECUTORIAL SUPERVISION OVER THE EXECUTION OF LAWS BY BODIES CARRYING OUT OPERATIONAL INVESTIGATIVE ACTIVITIES

Abstract. The relevance of the research article is determined by the role of the legal institution to protection of the rights and freedoms of man and citizen as an attribute of the legal state, the necessity of sufficient state control and prosecutorial supervision.

The main goal of the research is to increase the effectiveness of the protection of the rights and freedoms of man and citizen, the legitimate interests of entities during operational and search activities, formation of a theoretical and practical justification to the necessity for the prosecutor to participate in judicial control over compliance with laws by the bodies carrying out operational and search activities related to the restriction of constitutional rights of man and citizens.

The problems under consideration: the article deals with the actual problems of prosecutorial supervision over compliance with laws by the bodies carrying out operational and search activities.

The methods used: author used during the research special methods of cognition in jurisprudence (comparative legal, formal legal, system-structural analysis, historical, statistical), which allowed a comprehensive approach to the object of research, to identify the problems of legal regulation to protection of the rights and freedoms of man and citizen and legitimate interests of entities during operational and search activities.

Conclusions: Author made the conclusion about lacks of legal regulation despite the importance of prosecutorial supervision over compliance with laws by the bodies carrying out operational and search activities. The analyzed set of prosecutorial acts is limited and does not take into account the specifics of legal relations operational and search activities.

Keywords: prosecutor's office, prosecutorial supervision, operational and search activities, the rights and freedoms of man and citizen, the legitimate interests of entities, court, judicial control, procedural legislation, operational investigative activity.

Sergey A. Pichugin

• CRIMINAL LIABILITY FOR AN ACT PROVIDED FOR IN ARTICLE 207.3 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: REGULATION AND ENFORCEMENT ISSUES

Abstract. The relevance of the article is determined by the inclusion in the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) of Article 207.3, which establishes liability measures for the public dissemination of deliberately false information about the use of the Armed Forces of the Russian Federation, the performance by state bodies of the Russian Federation of their powers, the provision of assistance by volunteer formations, organizations or persons in the performance of tasks assigned to the Armed Forces of the Russian Federation. The appearance of this norm in the criminal law is largely explained by the conduct of a special military operation by the Armed Forces of the Russian Federation since February 2022. The purpose of the work is to characterize the signs of the corpus delicti provided for in Article 207.3 of the Criminal Code of the Russian Federation and the practice of its application. Based on the analysis of normative legal acts and literary sources, law enforcement practice, the legally significant signs of the specified corpus delicti, as well as issues of its qualification, including delineation from the corpus delicti provided for in Article 280.3 of the Criminal Code of the Russian Federation, are considered. Such research methods as legal analysis, comparative and statistical were used. Examples from judicial practice of the application of Article 207.3 of the Criminal Code of the Russian Federation are given, its problematic aspects are indicated. In the final part, conclusions are drawn on the topic of the study.

Keywords: public dissemination of deliberately false information, use of the Armed Forces of the Russian Federation, crime, punishment, criminal law.

LEGAL REGULATION OF ECONOMIC ACTIVITIES

Sergei A. Grigoryants, Karolina V. Grigorieva

• ON SOME ASPECTS OF CIVIL LIABILITY OF AN INDIVIDUAL ENTREPRENEUR

Abstract. This article is relevant, as it is devoted to the consideration of important aspects of the civil liability of individual entrepreneurs. In today's business environment, where entrepreneurs face a variety of risks and complexities, civil liability issues are of particular relevance. The growth of entrepreneurial activity and changes in legislation may create new challenges in this area.

The main purpose of the article is to analyze and understand the special nature of civil liability for individual entrepreneurs. The authors seek to identify the unique aspects of responsibility associated with the implementation of entrepreneurial activities, including high risks and the possibility of attracting personal property.
Several key issues related to the civil liability of individual entrepreneurs are considered, such as increased risks, involvement of personal property, specifics of civil liability.
At the study were used both general scientific methods (analysis, synthesis) and special legal methods (formal legal, relatively legal). 
As a result of the study, the authors conclude that the civil liability of individual entrepreneurs has its own specific characteristics that distinguish it from the liability of individuals. In this regard, the article comes to the conclusion that it is necessary to systematize the rules of law governing the features of civil liability in order to eliminate the problems that arise in the application and interpretation of these rules.
Keywords: individual entrepreneur, civil liability, property liability, increased liability, entrepreneurial activity.

Stanislav V. Strelnikov

• QUASI – HEREDITARY PROCEDURES OF DOMAIN NAME REGISTRARS AS A RESULT OF A LEGAL GAP

Abstract. The relevance of the research lies in the novelty of the issues studied and the possibility of their practical application.
The main purpose of the study is to analyze the current regulatory legal regulation of domain name inheritance in the Russian Federation and quasi-investigative procedures established by domain name registrars, as well as to develop proposals for improving the current legal regulation in this area of legal relations.
The problems under consideration are expressed in the uncertainty of the legal nature of the domain name, as well as the lack of special regulation of inheritance, despite the possibility of a potential high cost of such an object of intellectual rights and transactions with it, which results in the development of quasi-investigative procedures by domain name registrars.
The methods used in this study are general scientific (analysis, analogy, deductive and inductive methods) and special (formal legal, comparative legal) methods of cognition.
Conclusions within the framework of this study are as follows: based on the analysis of the research issues, practical recommendations have been developed to improve the regulatory legal regulation of domain names and their use in the hereditary legal relations emerging in modern society.
Keywords: domain name, domain, legal regulation of domain names, domain name inheritance, hereditary legal relations, quasi-hereditary procedures, domain name registrar, domain name administrator, Internet, trademark, virtual asset