Human and state
Reference:
Anisimova E.A.
Public discussion of draft laws of the subjects of the Russian Federation
// Law and Politics.
2021. ¹ 5.
P. 1-13.
DOI: 10.7256/2454-0706.2021.5.35610 URL: https://en.nbpublish.com/library_read_article.php?id=35610
Abstract:
The subject of the research is the theory and practice of one of the forms of direct democracy – public (public) discussion of draft laws of the subjects of the Russian Federation. The object of the study was public relations related to the regulation of the institute of public discussions of draft laws in Russian regions, as well as the participation of citizens in discussions. The general, dialectical, logical, formal-legal and sociological methods of scientific cognition are chosen for the research. The author examines in detail such aspects of the topic as the adoption by Russian regions of laws and other regulations on public discussion, the shortcomings of federal regulation of the issue, provides an overview of the practice of public discussions in a number of Russian regions, analyzes the reasons for the low efficiency of the institute. Special attention is paid to the results of the sociological survey conducted on the issue under study. The main conclusions of the study are: to identify the shortcomings of the current regulation of the democratic institution of public discussions of draft laws, to determine the reasons for the passivity of Russian citizens in relation to public discussions of normative legal acts. A special contribution of the author to the study of the topic can be considered the analysis of the practice of public discussions in the regions of the country, in addition, the author attempted to assess the prospects for the development of the legal institution in question in the Russian regions. The scientific novelty of the study lies in the identified problems of regulation and practice that currently arise in the subjects of the Russian Federation during public discussions of draft laws, as well as in the specific measures proposed by the author to eliminate the identified problems.
Keywords:
internet portals of legal information, direct democracy, legislative process, effectiveness of legislation, legal culture, laws of the subjects of Russia, regional parliaments of Russia, public discussion of draft laws, public control, legitimization of state power
Question at hand
Reference:
Zhevnyak O.V.
Anti-competitive practices of digital platforms and response measures in the Russian and foreign legislation
// Law and Politics.
2021. ¹ 5.
P. 14-41.
DOI: 10.7256/2454-0706.2021.5.33888 URL: https://en.nbpublish.com/library_read_article.php?id=33888
Abstract:
The goal of this research is to determine whether the Russian legislation on protection of competition contains the norms that allow preventing anti-competitive practices of digital platforms, and whether it is necessary to make corresponding amendments. The subject of this research is the anti-competitive practice of digital platforms, response measures of the state, antimonopoly legislation, and recommendations on its improvement. The research methodology is based on the analysis of relevant examples of anti-competitive behavior of digital platforms on the Russian and foreign markets, and qualification of such behavior from the perspective of Russian legislation. In the course of this research, the author solves the issue on the sufficiency of legal material for conducting qualification of such behavior; describes the response measures taken by the competent government authorities of various countries, as well as the measures proposed by the researchers. As a result, the author systematizes the data regarding the antimonopoly practice of digital platforms depending on the type of violations. All examples of antimonopoly practices can be qualified as anti-competitive in accordance with the effective legislation of the Russian Federation. If they are not listed as particular violations, then fall under the general categories of acts prohibited by law, considering the non-exhaustive nature of such lists. Misuse of “the platform authority” by the digital platform, reflected in the fact that it utilizes the transaction and customer data, should be qualified as unfair competition. For preventing the anti-competitive practices of digital platforms, it is proposed to develop the system of measures aimed at minimization of risks of the clash of interests and elimination of its consequences: ban of the owner of the digital platform for joint activity of his activity with the activity conducted the clients of the platform; restrict participation of the owner of the platform in companies that conduct types of activity that compete with the clients; disclosure of information on their affiliates engaged in the activity similar to such of the clients of the platform; introduction of the criteria for such affiliation, along with the obligation to compensate for the losses of clients inflicted by the clash of interest.
Keywords:
abuse of digital platforms, antitrust regulation of the platforms, protection of platform competition, regulation of digital platforms, unfair competition of platforms, changes in competition law, competition of digital platforms, changes in antitrust legislation, digital platforms, the market power of digital platforms
Question at hand
Reference:
Borovetñ A.V., Nefedova A.I., Shpakovskii D.Y.
Problematic issues pertaining to conclusion of marriage in the context of coronavirus infection: analysis of law enforcement practice in the context of legal regulation of family relations
// Law and Politics.
2021. ¹ 5.
P. 42-50.
DOI: 10.7256/2454-0706.2021.5.35582 URL: https://en.nbpublish.com/library_read_article.php?id=35582
Abstract:
This article discusses the problematic issues pertaining to conclusion of marriage in the conditions of coronavirus infection, their specificity, and related changes. The author substantiates the measures taken by the government to confine the spread of coronavirus infection, and thus adjust the procedure for marriage: temporary registration without a ceremony, all precautions taken. Analysis is conducted on the experience of foreign countries, namely the United States and the United Arab Emirates, which allow performing wedding ceremonies using the video conferencing platform. The article explores the possibility and consequences of implementation of such procedure in the Russian Federation. The novelty of this research consists in the fact that the problem of conclusion of marriage in the conditions of coronavirus pandemic has not yet been sufficiently covered due to its novelty and extraordinariness. The spread of coronavirus infection has become a determining factor for adjusting the marriage procedure. The following conclusions were made: the remote marriage ceremony is possible, which is proven by international experience, however, requires detailed regulation; such procedure would not only protect health of the citizens, but also allow the newlyweds to hold their celebration with minimum cost and maximum efficiency.
Keywords:
family, registration, remote registration, family law, COVID, coronavirus, pandemic, marriage, law, restrictions
Discussion forum
Reference:
Tomak A.I.
The prerequisites for changing the mechanism of implementation of adversarial principle as the backbone of justice in the information and communication society
// Law and Politics.
2021. ¹ 5.
P. 51-59.
DOI: 10.7256/2454-0706.2021.5.35651 URL: https://en.nbpublish.com/library_read_article.php?id=35651
Abstract:
The advancement of informatization leads to the information society, which is a global trend of information civilization. Present time marks the new information stage of social development, which should be defined as information society, where information and knowledge are the key object of labor of the majority of population, and information technologies are a direct instrument of labor. In this regard, civil proceedings, which is founded on the adversarial principle, also takes the vector towards the information component. The adversarial principle, is in turn is influenced by objective factors (social relations) and subjective factors (attitude towards the right of subjects), which is the basis for changing the mechanism of its implementation. This directly affect the conduct of judicial proceedings and legal enforcement of adversarial principle. The author determines the key trends in adaptation of the means of implementation of adversarial principle in civil proceedings in the conditions of the use of information technologies. The author suggest dividing the means of implementation of adversarial principle into two groups: for creating an environment of trust and communication interaction between the participants and the court. Based on this, the article analyzes the possible impact of information technologies upon the adversarial principle in civil proceedings, as well as the mechanism of its implementation. The conclusion is made that the adversarial principle in civil proceedings can fall under influence of information technologies, since its essence is formed from objective and subjective factors; while the means of its implementation, which comprise the legal measures of its mechanism through adaptation of information technologies in justice, are susceptible to change.
Keywords:
competitiveness, environment of trust, informatization, Information society, adversarial principle, implementation mechanism, civil proceedings, communication, efficiency, objectives of the proceedings
Jurisprudence
Reference:
Lugmanov R.R.
The principle of good faith as a means of the development of law
// Law and Politics.
2021. ¹ 5.
P. 60-75.
DOI: 10.7256/2454-0706.2021.5.35451 URL: https://en.nbpublish.com/library_read_article.php?id=35451
Abstract:
The subject of this research is the principle of good faith in the Russian civil law, in versatility of its doctrinal understanding and complexity of substantive definition. The author describes the key approaches adopted in the Russian science, outlines certain flaws common to interpretation of this principle. It is noted that the usual interpretation of the principle of good faith, as a certain behavioral standard of the party to a contract, has no applicative avenue due to its natural meaninglessness and practical futility. Civil transaction requires predictability, certainty and stability, which is excluded without a uniform interpretation of the principle of good faith. Another subject of this research is the additional responsibilities that are directly related to the principle of good faith. The author indicated the problems of linear use of the formulas cited in law, since it also creates the grounds for legal uncertainty. The main conclusions are as follows: 1) Recognition of the special role of judicial system in revision, adaptation and development of the written law. This function of judiciary is implemented in the process of ordinary law enforcement under the auspices of referring to such general clauses as the principle of good faith. 2) Revision, development, or supplement of the law may cannot be done ad hoc. The court cannot introduce legal uncertainty into law enforcement. This requires special instruments in form of the strictly verifiable values, which would be the bases of law as a whole and civil law in particular. Such values are reflected in the Constitution of the Russian Federation and legal provisions of the Constitutional Court of the Russian Federation. Thus, the constitutionalization of private law is a natural process of translating socially significant values into the civil law by means of the principle of good faith.
Keywords:
constitutional values, judicial lawmaking, development of law, constitutional law, principle of good faith, good faith, additional responsibilities, duty to inform, indirect effect of the Constitution, basic rights