State security
Reference:
Yudin E.V.
Medical genetic technologies in the biosafety system: a risk-based approach
// Law and Politics.
2022. ¹ 7.
P. 1-12.
DOI: 10.7256/2454-0706.2022.7.38469 EDN: DRWDLF URL: https://en.nbpublish.com/library_read_article.php?id=38469
Abstract:
The subject of the research is the legal mechanisms of regulation of public relations in the field of medical genetic technologies as an element of the biological security system of Russia. The purpose of the reasearch is to analyze the legal regulation of medical genetic technologies as an integral part of biosafety, taking into account their inherent features, to identify an assessment of the effectiveness of existing rationing mechanisms and to propose new more effective legal mechanisms. The methodological basis of the research consists of general scientific and special methods. The general scientific methods include system, structural-functional, formal-logical (deduction, induction, analysis, synthesis) methods. To achieve the purpose of the research work, special methods of legal science are also used: formal legal, legal modeling and others. The result of the research was the identification of a low-effective legal mechanism for regulating medical genetic technologies as an integral part of biosafety existing in domestic legislation. In this regard, we have proposed some directions for improving the current regulatory framework in the field of public relations under consideration. The results obtained can be used in educational activities in the courses "Social law", "Medical law". The novelty of the research work lies in the fact that for the first time medical genetic technologies are considered as an element of the biological security system of Russia, taking into account the characteristic features and social significance inherent in this type of genetic technologies, which were also highlighted for the first time. Also, the novelty is expressed in the parameters developed by the author for attributing medical genetic technologies to technologies of low, medium or high probability of occurrence of risks, which we have also identified. Based on the results of the study, we came to the conclusion that it is necessary to design truly effective legal mechanisms for regulating medical genetic technologies based on the proposals we have put forward to ensure the legally permissible level of biosafety in Russia when using medical genetic technologies.
Keywords:
clinical genetics, the human genome, social law, medical support, risk management, risk-based approach, biosecurity, legal mechanism, medical genetic technologies, social significance
Law and order
Reference:
Kovalev A.A.
The validity of decision-making as a fundamental principle of the Prosecutor's Office
// Law and Politics.
2022. ¹ 7.
P. 13-21.
DOI: 10.7256/2454-0706.2022.7.38311 EDN: DKVECH URL: https://en.nbpublish.com/library_read_article.php?id=38311
Abstract:
The subject of the study is materials of prosecutorial, law enforcement and judicial practice, norms of procedural legislation and legislation on the prosecutor's office regulating these public relations, as well as positions formed on the essence of the principle of validity and its implementation in the activities of the prosecutor's office and other law enforcement agencies. The object of the research in the article is the social relations arising from the implementation of the principle of reasonableness of decision-making in the implementation of prosecutorial and other law enforcement activities. The author examines in detail such aspects of the topic as the correlation of validity and objective truth, the main characteristics of the principle and the problem of the correlation of the normative regulation of justification and the empirical task of its establishment. The principle of reasonableness of decision-making is one of the key principles of the activities of the prosecutor's office, other law enforcement agencies, as well as regulatory bodies; the need for reasonableness of decisions taken by law enforcement officials is stated in many regulations. At the same time, legal acts do not contain regulation of this fundamental principle; there is practically no scientific elaboration of it, there are only studies of its individual aspects, without highlighting the key provisions, the study of which in the activities of law enforcement agencies and in more detail the prosecutor's office is devoted to the article, what is the novelty of the study. In the course of the research, the views of scientists on the content of the principle of validity, the procedure for its legal regulation were studied, as a result of which the main characteristics of this principle were identified, which should be the basis for the legal regulation of the principle in relation to the activities of the prosecutor's office and the court. The conclusion is formulated about the need to consolidate this principle in the Law on the Prosecutor's Office, which will prevent the adoption of unreasonable decisions possible if this principle is not observed, and abuse of authority, which in turn can lead to a violation of the principle of legality, which is a special contribution of the author to the study of this topic.
Keywords:
the Law on the Prosecutor's Office, prosecutor's check, appeal to the court, law enforcement agencies, law enforcement, objective truth, the principle of legality, the principle of validity, prosecutor, civil procedure
XXI century International law
Reference:
Kolobov R.Y., Ditsevich Y.B., Ganeva E.O., Shornikov D.V.
Problems of preserving the international legal status of Lake Baikal in the light of the analysis of the practice of excluding objects from the World Heritage List (Part 2)
// Law and Politics.
2022. ¹ 7.
P. 22-33.
DOI: 10.7256/2454-0706.2022.7.38249 EDN: DGJGHT URL: https://en.nbpublish.com/library_read_article.php?id=38249
Abstract:
The article is a continuation of the presentation of the results of the study of the current state and consideration in retrospect of the existing cases of exclusion of UNESCO World Heritage sites from the World Heritage List. Focusing on the general problems of conservation of World Heritage sites, the authors extrapolate the findings to the situation in the field of conservation of the World Natural Heritage site Lake Baikal in order to develop proposals to improve the situation in the field of ensuring its protection. In particular, the problem of insufficient certainty and clarity in establishing the boundaries of World Heritage sites is noted, in order to solve which a proposal is made to consolidate the regime of World Natural heritage sites in the law "On Specially Protected Natural Territories", with the mandatory formation of a unified administration and approval of the boundaries of such a protected area by an act of the Russian Government, taking into account the requirements of the World Heritage Convention and Guidelines for the application of the Convention when they change. The problem of preserving the appearance of cultural heritage is also considered, since the issue of aesthetic perception of the lake and its immediate surroundings is considered important from the point of view of fulfilling obligations under the Convention on the Protection of World Heritage (taking into account the fact that Baikal is recognized as a World Heritage by all four criteria for assessing outstanding universal value). The lack of representation of protection of natural beauty at the national level is noted, since the current legislation does not contain tools for the protection of Baikal landscapes. Based on the results of the analysis of the world practice of excluding World Heritage sites from the List, the authors conclude that the extrapolation of the main reasons for such exclusionof Lake Baikal as a World Natural Heritage site necessitates the state to develop and make appropriate adjustments to the legislation on the protection of Lake Baikal and to the practice of its application, regardless of the relevant UNESCO events.
Keywords:
legal protection, object mode, exclusion of objects, object boundaries, natural heritage, cultural heritage, world heritage site, Lake Baikal, World Heritage List, UNESCO World Heritage Site
JUDICIAL POWER
Reference:
Kripinevich S.S.
Civil and criminal procedural approaches to the definition of individual judicial regulation
// Law and Politics.
2022. ¹ 7.
P. 34-42.
DOI: 10.7256/2454-0706.2022.7.38244 EDN: CZLYTN URL: https://en.nbpublish.com/library_read_article.php?id=38244
Abstract:
In legal science, such a direction of research as individual legal regulation has become widespread. On its basis, types are distinguished, including individual judicial regulation. This concept is of particular importance for criminal proceedings and its study can lead to new theoretically and practically significant results. Considering that the study of individual judicial regulation has been conducted for many years in the general theory of law, in civil law, the purpose of this work was to generalize their individual results (in terms of the main features of individual judicial regulation) and to develop the main directions of their application in the field of criminal proceedings. The object of the study was relations in the field of judicial criminal procedural activity. Methods of analysis, synthesis, generalization, comparative legal, formal legal, modeling were used in the study. The main results were expressed in the identification of knowledge useful for the science of the criminal process, obtained by scientists in the field of theory of law (V.V. Ershov, V.M. Gorshnev, S.S. Alekseev, etc.), civil law (V.V. Kulakov, A.D. Koretsky, V.V. Gruzdev, etc.) and determining their significance for conducting research of individual judicial regulation in criminal proceedings. The author's conclusion based on the results of the study is the need to develop scientific research in relation to individual judicial regulation in criminal proceedings as a potentially effective means of resolving criminal law conflicts, taking into account the developing trends of procedural contracts, agreements and other vectors that increase the level of individuality of decisions made by the court.
Keywords:
criminal procedural activity, civics, participants in criminal proceedings, legal relations, legal regulation, criminal proceedings, judicial regulation, individual legal regulation, individual judicial regulation, theory of law
JUDICIAL POWER
Reference:
Titova I.A.
Legal regulation of the distribution of cases in courts: content, implementation, problems and areas of improvement
// Law and Politics.
2022. ¹ 7.
P. 43-50.
DOI: 10.7256/2454-0706.2022.7.38386 EDN: DCBTNV URL: https://en.nbpublish.com/library_read_article.php?id=38386
Abstract:
The subject of the research of this article is the legal norms regulating the features of the use of automated systems for the distribution of cases in courts, as well as law enforcement practice for the organization of such activities. The object of the research is procedural relations arising during the use of this system in the judicial proceedings of the Russian Federation. The author reveals the contradictions that arise between theoretically fixed normative provisions and their practical implementation. The features and problems of the activity of courts in the application of the mechanism of automated distribution of court cases are identified. The author substantiates that it is necessary to improve legislative acts aimed at court using an electronically automated system for the distribution of court cases. Author talks about the problems of legalizing organizational rules that fix the automated procedure for the distribution of cases in courts and the distribution of the judicial burden. Considers it necessary to create a full–fledged procedural and legal mechanism for the automated distribution of cases in courts to supplement the norms of the current legislation in the relevant part with cases of impossibility of using automated equipment, as well as rules of a different order of distribution of cases. The result of the work is the original author's suggestions and recommendations that form the novelty of the work. In particular, the adoption of the Federal Law "On Judicial Workload" has been proposed, proposals have been developed in the form of draft articles on amendments and additions to the procedural codes of the Russian Federation regarding the establishment of promising directions for the formation of the composition of the court using an electronically automated system for the distribution of court cases having a "flexible" nature. Modeling which the author used the formal legal method, analytical, logical and other methods of scientific cognition.
Keywords:
composition of the court, objective distribution of cases, legal regulation, impartiality, independence of judges, procedural legislation, digital technologies, informatization of courts, digitalization, legal proceedings