Transformation of legal and political systems
Reference:
Vronskaya M.V., Isaev M.A.
The Russian E-commerce Market During COVID-19: Legal Regulation and Trends
// Law and Politics.
2022. ¹ 10.
P. 1-14.
DOI: 10.7256/2454-0706.2022.10.39022 EDN: EPRXAL URL: https://en.nbpublish.com/library_read_article.php?id=39022
Abstract:
The subject of this paper’s research is the peculiarities of legal regulation and development of the e-commerce market during the COVID-19 pandemic. The author examines in detail the concept of "e-commerce," which is understood as an economic sphere that combines trade and financial transactions that are carried out through contactless interaction of the parties involved. The article also analyzes the system of legal regulation of the e-commerce market and identifies trends for further improvement. Particular attention is paid to the impact of the pandemic on civil law turnover, resulting in the e-commerce market becoming the dominant commodity exchange in the Russian Federation. The study provides statistics on commodity exchange on online platforms for 2021–2022, which has grown significantly compared to previous years. The author’s main conclusions are that the COVID-19 pandemic accelerated the processes of digitalization in all spheres of public life, as a result of which trade and financial transactions, for the most part, began to be carried out via the Internet and laid the foundation of the digital economy; to date, electronic commerce has become predominant, but is not devoid of shortcomings of legal regulation; trends of strengthening digital transformation are aimed at delineating the legal status and responsibility of participants in trade ("marketplace," "online store," etc.), expanding the list of types of digital assets and determining their legal regime (account, etc.).
Keywords:
marketplace, aggregator owner, digital rights, civil relations, digital transformation, e-commerce, COVID-19, civil law turnover, digital economy, digital assets
Legal and political thought
Reference:
Gorban V.S., Gruzdev V.S.
The Philosophical and Legal Heritage of V.S. Nersesyants
// Law and Politics.
2022. ¹ 10.
P. 15-22.
DOI: 10.7256/2454-0706.2022.10.39090 EDN: HBWEFO URL: https://en.nbpublish.com/library_read_article.php?id=39090
Abstract:
This article analyzes the legal views of one of the most interesting and original philosophers of the law from the last quarter of the twentieth century to the beginning of the twenty-first century and Academician of the Russian Academy of Sciences, V.S. Nersesyants. His legal ideas are rooted in ancient philosophy and German idealistic philosophy. Therefore, comparing his legal views with those of the Hegelian philosophy of law, taking into account both Nersesyants' dissertations, is traditional for contemporary connoisseurs of the theory of law. However, as the experience of a more detailed and in-depth analysis shows, interesting points of similarity of his ideas are also connected with other representatives of the German intellectual and philosophical culture of thinking about law. It is the understanding of the nature of the successive and new aspects in Nersesyants' system of legal views that can serve as the basis for the development of his legal views in modern topical and prospective studies. The scientific novelty of the conducted research of Nersesyants's philosophical and legal heritage consists of some significant clarifications of the nature of his ideas, clarifying their connection with the ideas of Hegelian philosophy and the teachings of I. Kant, I. Fichte, G. Mehmel, as well as the later ideas of the neo-Kantian lawyer R. Stammler. At the same time, comparing Nersesyants' legal views and the interpretation of the law in G. Mehmel's Pure Doctrine of Law allows us to present Nersesyants' theory of law as an original version of this doctrine. The article also points to the inexplicability of the concept of justice in Nersesyants' philosophy of law and promising studies of social theory as a prerequisite for the socio-practical doctrine of civilization.
Keywords:
legal libertarianism, civilism, law and legislative act, legal neo-Kantianism, german idealistic philosophy, justice, concept of law, Nersesyants, history of legal thought, dialectics of the legal form
International relations: interaction systems
Reference:
Ditsevich Y.B., Yurkovskii A.V.
On the Issue of the Peculiarities of the Formation and Modernization of the State Environmental Policy of the Russian Federation and the People's Republic of China
// Law and Politics.
2022. ¹ 10.
P. 23-37.
DOI: 10.7256/2454-0706.2022.10.38821 EDN: FUPGCK URL: https://en.nbpublish.com/library_read_article.php?id=38821
Abstract:
This article discusses aspects of solving environmental protection problems and outlines issues characterizing the interaction between the Russian Federation and the People's Republic of China. An assessment is given on the adoption of legislation for both states and joint coordinated measures aimed at reducing and eliminating negative trends associated with environmental degradation in Russia and China. The features of the Russian Federation and the People's Republic of China's influence on state environmental policies on environmental issues are described. The analysis of the state of legality in enforcing environmental legislation and the effectiveness of legal means used in implementing prosecutorial supervision in this area is carried out. Empirical, statistical, and scientific information is provided on how the prosecutor's offices of the Russian Federation and the People's Republic of China participate in the formation of methods and tools of national environmental policies that are of a state nature and carry out their activities mainly in legal forms using complex mechanisms of legal regulation. The proposed article compares the concepts of sustainable development in force in Russia and the People's Republic of China based on generally recognized environmental standards by the international community, which have been ratified in the legislation of the countries under consideration, and analyzes the problems and areas of improvement of Russian and Chinese environmental legislation.
Keywords:
prosecutor's supervision, prosecutorial response measures, cooperation, exchange of experience, environmental legislation, activities of environmental authorities, environmental policy, People's Republic of China, Russian Federation, environment
Authority and management
Reference:
Korsun K.I., Zadorina M.A.
On the Question of Ways to Replace the Position of the Head of a Municipality: Using a Competition or on the Recommendation of the Governor
// Law and Politics.
2022. ¹ 10.
P. 38-48.
DOI: 10.7256/2454-0706.2022.10.39094 EDN: ALTJNM URL: https://en.nbpublish.com/library_read_article.php?id=39094
Abstract:
The article is devoted to the issue of the election and appointment of the head of the municipality, which occupies a central place in the institute of municipal people's representation, representing the municipality in the domestic and international arenas, the interests of residents of the territories. The subject of the study: the norms of the Constitution of the Russian Federation, Federal Law of 06.10.2003 No. 131-FZ "On the general principles of the organization of local self-government in the Russian Federation", the provisions of Draft Law No. 40361-8, scientific doctrine on the issue under study. The purpose of the study is to analyze the ways of electing the heads of municipalities "by competition" and "on the proposal of the governor". The methodological basis of the study: general scientific and private scientific methods, a special place in the study is given to the methods of content analysis and right-theoretic modeling. It is established that the "competitive model" (introduced by the legislator in 2014 for the election of heads of municipalities) deprived the local community of the opportunity to directly choose their mayors - through indirect democracy (through deputies of representative bodies). Special attention is paid to the analysis of the draft law of the new Federal Law "On the general principles of the organization of local self-government in the system of unified public authority", which proposes to replace the "competitive" model with the "governor's" one. The advantages and disadvantages of both methods of electing heads of municipalities are revealed. The novelty of the work is due to the fact that the author's approaches to the interpretation of "competitive and "gubernatorial" methods of electing heads of municipalities have been introduced into scientific circulation. Proposals are formulated to improve legislation in terms of the proposal of the author's design of a "competitive model" for the election of heads of municipalities, taking into account the opinion of the population of the relevant territory. It is concluded that the strengthening of control over local authorities by the state authorities of the regions, which began in 2014, in the event of the adoption of the analyzed Bill, will finally put local self-government in a position dependent on the region and marks a return to local government.
Keywords:
competition commission, municipality, reform of local self-government, competitive model, gubernatorial model, nationalization of local self-government, municipal reform, head of municipalities, municipal representation, public authority
International relations: interaction systems
Reference:
Ovchinnikov S.N., Atamanchuk V.V.
Problems of the effectiveness of international cooperation of the Customs authorities of the Russian Federation in the law enforcement sphere
// Law and Politics.
2022. ¹ 10.
P. 49-56.
DOI: 10.7256/2454-0706.2022.10.38296 EDN: AVHWPK URL: https://en.nbpublish.com/library_read_article.php?id=38296
Abstract:
The article is devoted to the analysis of current international legal problems of international cooperation of the customs authorities of the Russian Federation in the law enforcement sphere. The paper analyzes the performance indicators of the Federal Customs Service of Russia in the law enforcement sphere during 2013-2021. As can be seen from the official statistics of the customs authorities of the Russian Federation, the share of indicators achieved using various forms of legal assistance is extremely small against the background of general indicators. At the same time, the quantitative effectiveness of the use of these methods remains, and even a slight increase is observed, however, against the background of an even greater increase in overall indicators, the share of results achieved with the use of forms of legal assistance has fallen significantly. Such a situation testifies to the insufficiently effective development of international customs cooperation in the law enforcement sphere and indicates the presence of significant unresolved problems in this area. The preservation and improvement of quantitative indicators of efficiency with a huge decline in the share among the general indicators, which indicates the insufficiently effective development of international customs cooperation in the law enforcement sphere, has been revealed. As a solution to the problem, recommendations on improving strategic documents defining the legal policy of the Russian Federation in the field of customs service development are presented. Taking into account the expansion of the tasks of international cooperation in the customs sphere, it seems advisable to expand the geography of this cooperation by prioritizing interaction with the customs services of the EAEU, BRICS, SCO member states - in this case, the geography of international customs cooperation will coincide with the priority areas of international cooperation of the Russian Federation as a whole, which, with the help of the existing legal and technical base of these organizations that will quickly create suitable conditions for international cooperation of customs authorities, including in the field of law enforcement.
Keywords:
Shanghai Cooperation Organization, Eurasian Economic Union, controlled delivery, effectiveness of law enforcement activities, Federal Customs Service, customs authorities, law enforcement activities, international customs cooperation, BRICS, international treaties