Authority and management
Reference:
Maximova O.D., L'vov S.V.
“Far Eastern Hectare”: reaction of citizens and issues of legal regulation and implementation
// Law and Politics.
2019. ¹ 11.
P. 1-8.
DOI: 10.7256/2454-0706.2019.11.31562 URL: https://en.nbpublish.com/library_read_article.php?id=31562
Abstract:
The Russian Federation launched a pilot program referred to as “Far Eastern Hectare”, aimed at reducing migration of population from the Far East and encouraging Russian citizens to live and work in the Far East Federal Okrug. Based on the analysis of social polling, the article identifies several issues of implementation of the Federal Law No. 119 from May 1, 2016 “About features of provision to citizens of the parcels of land which are in the state-owned or municipal property and located in the territories of the subjects of the Russian Federation which are part of the Far Eastern Federal District and about modification of separate legal acts of the Russian Federation”. The article utilizes the results of Russian national and regional social inquiries, illustrating key problems with implementation of this program. It was determined that the legal regulators at this stage of implementation of the program do not always account for the social factors. The research demonstrates that people interested in participating in this program require certain measures of state support, including coverage of transportation and household expenses for the initial period of settling in the new territory. The current law targets the active portion of the population, while the vast majority of interested citizens require social guarantees from the government.
Keywords:
social problems, business, migration, demographic policy, gratuitous use of land, development of the Far East, land right, land relations, provision of land, regional policy
State institutions and legal systems
Reference:
Timshina E.L.
Pension issue in the party platforms (on the materials from the 2016 elections for State Duma of the Russian Federation)
// Law and Politics.
2019. ¹ 11.
P. 9-19.
DOI: 10.7256/2454-0706.2019.11.31097 URL: https://en.nbpublish.com/library_read_article.php?id=31097
Abstract:
One of the main vectors of social policy of the country is the support of senior citizens. The subject of this research is the proposals of political parties in the area of pension policy. The object of this research is the campaign party platforms at the 2016 elections for State Duma of the Russian Federation. The author examines the significance of the pension issue within the platforms, as well as positions of their authors on the most pressing aspects of this issue: change in the retirement age, freezing of the investment part of state pension, continued reforms, and pension raise. The results of this research are based on the use of general scientific methods and principles of scientific cognition, systemic approach, comparative analysis and historical objectivity. Despite the significant interest of the population towards the pension issue in 2016, the parties were unable to fully capitalize on the electoral potential of this issue. Taking a stance on critical position, they did not offer comprehensive alternatives to the current system – disjointed proposals on its improvement and amplification did not correspond to the scale of the problem. Most of the promises to raise the pensions carried evident populist character, and were not accompanied by a mechanism of its implementation. Majority of the specific and achievable proposals pertained to separate additional benefits and were based on the already prepared legislative bills by the parties. However, with the continued pension reforms, the issue will remain relevant in the next electoral cycle, and it will soon be clear whether the parties were able to account for the 2016 miscalculations and prepare the voters for new comprehensive and quality proposals in the area of social security of the pensioners.
Keywords:
children of war, social law, Spravedlivaia Rossiia, KPRF, Gosudarstvennaia Duma, Edinaia Rossiia, eletion, pension reform, pension support, RPPS
Transformation of legal and political systems
Reference:
Elizarov V.P.
To the question of determining the campaign finance and “shadow” campaign financing
// Law and Politics.
2019. ¹ 11.
P. 20-28.
DOI: 10.7256/2454-0706.2019.11.30899 URL: https://en.nbpublish.com/library_read_article.php?id=30899
Abstract:
The subject of this research is the impact of the legislative norms upon political behavior. The goal of this article consists in the attempt to answer the question of how the candidates change their behavior depending on the changes in the legal norms that regulate the rules of conduct in the electoral campaigns. This problematic is being analyzed on the example of norms that establish the rules of financing and financial reporting for campaign finance. The empirical foundation of this research includes current electoral legislation of the Russian Federation and law enforcement practice in the area of campaign finance. The methodological base for this research consists in the modern institutional theory, which allows establishing connection between the current legislation and law enforcement practice. The examination of electoral legislation allows concluding on the presence of complex dependency between the limits of campaign expenditures established by current legislation and the portion of “shadow” campaign finance. Based on the conducted research the author makes recommendations that would allow reducing the portion of “shadow” finance in the electoral campaigns, as well as optimize the rules and procedures for campaign finance.
Keywords:
financial reports, legal incentives, electoral funds, electoral finance, political behavior, institutional analysis, political institutions, electoral law, law enforcement, electoral politics
State security
Reference:
Yablochkin A.S.
Legal protection of classified information in the context of information security in the condition of digital globalization
// Law and Politics.
2019. ¹ 11.
P. 29-45.
DOI: 10.7256/2454-0706.2019.11.31287 URL: https://en.nbpublish.com/library_read_article.php?id=31287
Abstract:
With the increase of awareness on the problems of national security associated with the unauthorized disclosure of classified information, the legal protection of classified information obtained a new meaning. However, it simultaneously causes growing concern regarding its impact upon the freedom of information. Between these competing political interests lies a separate branch of law, which defines and protects specially designated secrets from unauthorized disclosure. The goal of this article consists in determination of the relevant state practice for protection of classified information for national security reasons in various countries, as well as consideration of the general problems of demarcation of the grounds of national security for protection of classified information in light of changing circumstances of national security. The study explores 108 countries, in which the State Secrecy Law exists in one or another form from the perspective of: 1) classification of information on national security; 2) threshold values of disclosure; 3) offences related to disclosure of classified information. The conclusion is made that with the expansion of modern “state of national security”, the existing legal criteria would become less and less efficient in demarcation of the grounds of information security for protecting specially designated secrets, if the legislation does not clearly place public interest before the interests of national security.
Keywords:
government, national legislation, freedom of information, digital globalization, national security, information security, government secret, society, information, public interest
Law and order
Reference:
Shabalin L.I.
On validity and conditionality of criminal law and criminal legislation constructs
// Law and Politics.
2019. ¹ 11.
P. 46-66.
DOI: 10.7256/2454-0706.2019.11.31518 URL: https://en.nbpublish.com/library_read_article.php?id=31518
Abstract:
The subject of this research is the validity and conditionality of criminal legislation prohibitions, elements of offences, norms of criminal law, and other criminal law and criminal legislation constructs; theory of criminalization and penalization; criminal law-making theory; and legal argumentation. The article is dedicated to comprehension and interpretation of criminal law terminology (validity of the construct, conditionality of the construct, social conditionality of the construct, effectiveness of law enforcement, and other). This comprehension is educed from the extensive context of criminal law literature; the definition of terms is conducted in accordance with the theoretical-legal and criminal-legal understanding of stages and elements of the mechanism of legal regulation. Reference to the context of criminal law literature along with consideration of the logical-philosophical, theoretical-legal and criminal-legal perspective allowed presenting an original view on the subject matter, as well as propose grounds for validating and conditioning the construct. The obtained results may be applies in legislative and expert activity.
Keywords:
conditioning of construct, grounds of construct, grounding of construct, legal argumentation, conditionality of construct, validity of construct, criminal law constructing, conditions of constructing, criminal law construct, enforcement efficiency
Authority and management
Reference:
Chertkov A.N.
Borders of the subjects of the Russian Federation: establishment, clarification and changes
// Law and Politics.
2019. ¹ 11.
P. 67-75.
DOI: 10.7256/2454-0706.2019.11.31270 URL: https://en.nbpublish.com/library_read_article.php?id=31270
Abstract:
The subject of research in this article is the processes of legal regulation and the law enforcement practice of establishing, changing and clarifying the borders between the subjects of the Russian Federation. The object of this research is the public relations pertaining to the territory and borders of the subjects of the Russian Federation. Special attention is devoted to determining the general trends and legal issues in this area, starting with the terminological differences of the procedures concerning interregional borders and ending with the search for the solutions to the practical and legislative establishment of the territorial status of the subjects of the Russian Federation. Analysis is conducted on the federal and regional legislation on the issues of borders between the subjects of the Russian Federation, revealing the problems and limitations in realization of some recommendations of federal authorities in this area. Arguments are provided on the balanced approach towards delineation of the processes of establishment, changes and clarification of the borders between the subjects of the Russian Federation, as well as unallowability of destabilization of the situation. It is proved that the borders between the subjects of the Russian Federation are usually established and recognized, but in number of instances require improvements in their description, clarification, as well as potential changes. The author proposes a concept of special federal legislation that would regulate border issues between the subjects of the Russian Federation, as well as clarification of the procedures of changing the borders of the subjects of the Russian Federation.
Keywords:
territorial administration, state-territorial process, territorial structure, territory, âorder of the subject, subject of the Russian Federation, establishing borders, changing borders, clarifying borders, border descriptions
JUDICIAL POWER
Reference:
Ermakov K.V.
To the question of unification of the requirements for the candidacy of the court administrator in the courts of general jurisdiction
// Law and Politics.
2019. ¹ 11.
P. 76-83.
DOI: 10.7256/2454-0706.2019.11.31272 URL: https://en.nbpublish.com/library_read_article.php?id=31272
Abstract:
This article explores the question of unification of the current legal norms that establish the requirements for the candidacy of the court administrator in the courts of the subjects of the Russian Federation and administrators of district courts. The author examines the current normative requirements of the Russian Federation for candidates seeking the position of court administrator of the subject of the Russian Federation and district courts. Research is also conducted on the legal status of court administrators regardless of the department within the legal system in which they perform their duties. The research is based on the comparative legal analysis of the requirements for the candidates seeking the position of court administrator of the subjects of the Russian Federation and district courts, with concretization of their official duties. The author substantiates the idea, according to which the absence of the legal requirements for the position of district court administrator with qualifying experience for the position of state civil service that would be presented to a candidate for the court of the subject of the Russian Federation, with both positions having practically identical work and function description, testifies to the absence of sufficient unified legal regulation that would eliminate legal indecision.
Keywords:
state civil service, experience, requirements, courts, management, judge, the court administrator, authority, activity organization, control
Public communications
Reference:
Koshmarov M.
Propaganda as an instrument of creation of new social contract
// Law and Politics.
2019. ¹ 11.
P. 84-96.
DOI: 10.7256/2454-0706.2019.11.31293 URL: https://en.nbpublish.com/library_read_article.php?id=31293
Abstract:
The object of this research is the Russian society and modern society in a broad universal sense. The subject of this research is the communication technologies. The goal lies in the analysis and forecast in the short and medium term of social development. In the context of studying political communication, the author analyzes the transitional period in Russia in the last quarter of the XX century from the perspective of transformation of social contracts between the government and society. This research traces the evolution of society using the propaganda tools. The author determines the transformation stated of social contracts in the Soviet Union/Russian Federation, formulates its definitions at each stage of the indicated period, as well as introduces the new approach towards examination of generally known facts and events for the considered period. Such approach opens a new perspective on the ongoing processes of globalization. The acquired results, extrapolated to modern trends of globalization process, allow concluding on further development of the theories and practices used in the indicated period for the establishment of global social contract.
Keywords:
propaganda, psychological wars, social contract, neoliberalism, globalisation, propaganda-economics model, global social contract, soft power, publicity, 1990s
Practical law manual
Reference:
Egorova O.A.
Recognition of expert witness testimony as evidence in cases of insurance compensation in accordance with “OSAGO” (third-party liability coverage) policy
// Law and Politics.
2019. ¹ 11.
P. 97-110.
DOI: 10.7256/2454-0706.2019.11.31275 URL: https://en.nbpublish.com/library_read_article.php?id=31275
Abstract:
This article explores the issues pertaining to the option of recognizing expert witness testimony as valid evidence in cases of insurance compensation for damages in accordance with mandatory insurance of civil liability of automobile owners (further OSAGO policy). Research is conducted on the position of civil doctrine pertaining to types of expert testimonies acceptable in hearings on compensation for damages in accordance to OSAGO policy. The research is conducted based on comparative legal analysis of procedural consequences of entering expert witness testimony conducted on the basis of “doubled” object of examination as evidence. The author examines the question of possibility of rejection of expert witness testimony. Special attention is paid to the substantiation of position, according to which, portion of the testimony could be rejected if the examination was conducted on different objects by a competent expert. The article also addresses the question of procedural consequences of recognition of a portion of expert witness testimony as invalid evidence.
Keywords:
inadmissible evidence, expert opinion, evidence, insurance disputes, liability insurance, motor insurance, judge, trial, subject of proof, assessment